Will Scooter Libby Get an Appeal Bond?
I won't have the transcript of Tuesday's sentencing hearing in the Scooter Libby trial until today. But, Neil Lewis of the New York Times, reports:
The judge said there was no issue that Mr. Libby’s lawyers could appeal that seemed to present a reasonable chance of succeeding. But he relented somewhat and said they could file briefs next week detailing their arguments that there were two reasonable grounds for appeal: that Mr. Fitzgerald’s appointment as a special counsel was improper and that Judge Walton had erred in prohibiting the defense team from presenting experts on the fallibility of human memory.
I have thought all along that Judge Walton's refusal to allow a memory expert to testify at trial was a critical error. But Judge Walton ruled Libby's case is distinguishable from a case of faulty eyewitness memory, which is notoriously unreliable and therefore might require expert testimony.
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