Lawyers Want Libby Sentence Delayed
Attorneys for Vice President Dick Cheney's convicted former chief of staff formally asked a federal judge Thursday to delay the 2½-year prison sentence facing I. Lewis "Scooter" Libby.
The judge already has indicated he is not inclined to grant the request.
In documents filed with the court, Libby's attorneys said they have a good chance of winning an appeal of Libby's conviction for perjury and obstruction in the CIA leak case. Jurors found that Libby lied to investigators about how he learned that Valerie Plame, the wife of an outspoken war critic, worked for the CIA, and whom he told.
During Libby's monthlong trial, his attorneys disagreed with several of U.S. District Judge Reggie B. Walton's decisions. One was his refusal to let them present an expert witness to testify that Libby could simply have forgotten his conversations because of the stress of his daily job.
Defense attorneys argued in their filing Thursday that Special Prosecutor Patrick Fitzgerald lacked the constitutional authority to bring charges against Libby. They also said they were unfairly prohibited from questioning NBC reporter Andrea Mitchell about why she said many journalists knew Plame's identity.
Twelve constitutional law professors submitted a motion Friday in US District Court requesting permission to file a brief in the Libby case while the Court is considering whether Libby can be released on bail pending appeal, reports CBS News Justice Department reporter Deirdre Hester.
The professors are questioning whether Fitzgerald had constitutional authority in the CIA leak trial that sent Libby to prison.
"The constitutional issue to be raised on appeal is substantial," conservative Robert Bork, liberal Alan Dershowitz and 10 other professors wrote in their nine-page brief, filed Thursday at U.S. District Court in the District of Columbia.
"To our knowledge, the special counsel appears to occupy virtually a 'class of one' in the history of special prosecutors," the professors wrote.
The professors argue Fitzgerald may have been given too much power, with too little accountability, since he was not appointed by the president or approved by the Senate. Moreover, they say, Fitzgerald was exempted from complying with Justice Department policies — even thought he was appointed by the attorney general.
At Libby's sentencing hearing Tuesday, Walton said he sees no reason to allow Libby to remain free pending appeal. If he should rule that way, Libby's attorneys have said they will ask an appeals court to put the prison term on hold.
A delay would give President George W. Bush more time to consider pardon requests from Libby's supporters, who say the loyal aide was caught up in a political investigation and does not deserve prison time.