Scooter just got turned down by the appeals court. He’s going to have to go to jail.

Libby, Ex-Cheney Aide, Must Go to Jail During Appeal
July 2 (Bloomberg) — Lewis “Scooter” Libby, Vice President Dick Cheney’s former chief of staff, must go to prison while appealing his conviction for obstructing a CIA leak probe, a U.S. appeals court said.

Libby may be behind bars within weeks after a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit today denied his request for release. The decision will increase pressure on President George W. Bush to decide soon whether to pardon Libby, 56, as the former White House official’s supporters have urged.

Libby “has not shown that the appeal raises a substantial question” under federal law that would merit letting him remain free, the court said.

Libby was sentenced to 2 1/2 years in prison last month following his March 6 conviction of lying to investigators probing the 2003 leak of Central Intelligence Agency official Valerie Plame’s identity. U.S. District Judge Reggie Walton refused to let Libby stay out of prison during his appeal — which might take more than a year to resolve — saying that evidence of his guilt was “overwhelming.”

Libby was convicted of obstructing justice, perjury and making false statements. He resigned as Cheney’s top aide upon being indicted in 2005.

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It was a unanimous decision by the appellate panel, so he’s going to be going to jail. No legal question here.

Of course, the Supreme Court could review this, but I don’t think that even Scalia would be so brazen.