Now we get to debate bail pending appeal (and a pardon) for Libby

This new AP article about the Lewis Libby sentencing indicates that Judge Walton has decided to take extra time and briefing on bail pending appeal for Libby:

Walton did not set a date for Libby to report to prison.  Though he saw no reason to let Libby remain free pending appeal, Walton said he would accept written arguments on the issue and rule later.

Jeralyn here at TalkLeft has this helpful report about what is to happen now:

The Probation Department has to recalculate the guidelines grouping the obstruction, perjury and false statement charge. The judge has stayed imposition of the sentence. No decision on bond pending appeal today or voluntary surrender today, but Libby goes home.  Briefs will be filed on the appeal bond issue, it will be heard a week from Thursday at 1:30.

So, Libby will surely remain free at least until Thursday, June 14.  Even if Judge Walton denies bail pending appeal, Libby likely won’t be expected to surrender until the end of June (during which time Libby’s team might appeal to the DC Circuit the denial of bail pending appeal). 

This timeline is significant not only because it provides a lot of time for the inevitable pardon talk to get going, but also because the Supreme Court will likely decide the Rita case in the next few weeks.  If Victor Rita’s within-guideline sentence is reversed as unreasonable, I think Libby’s team could have some strong new arguments on a variety of sentencing issues (which, in turn, could further support his arguments for bail pending appeal).