Which Way to the Right-Wing Cabal?

The Scooter Libby matter was back in front of a judge on Tuesday. The judge was hearing arguments on whether Scooter should stay out of jail while he's pursuing his appeal. You can guess what happened. Patrick Fitzgerald argued that of course he shouldn't, because Scooter barely has any grounds for appeal and there's no point in putting off the inevitable. Scooter's defense maintained that the appeal was virtually a slam dunk and that it would be a travesty of justice to make him serve time on a conviction that was virtually certain to be overturned. I haven't been paying too close attention to this particular question, but I have to admit that so far I've been substantially swayed by the prosecution's argument that the appeal will be a weak one. But Digby wrote a post over the weekend that's given me serious second thoughts. The post quotes Robert Parry describing the Clinton impeachment mess and pointing out that much of the judiciary appointed by Reagan and, up to that time, the only President Bush, were extremely conservative and came from a somewhat small reactionary circle of jurists. Since that time, these people have only become more ensconced. What to make of that? Here's Digby's take:

Perhaps the long term friendships, shared legal history and blind partisan loyalties among these people will not be relevant in [the Libby] case. But let's just say I wouldn't be shocked if we get a surprising appellate decision based upon a novel, intellectually inconsistent theory set forth by a bunch of powerful wingnut legal enforcers. It happens.

The Prez may not need to break out his pardon pen at all. If the Appeals Court comes up with some reason, justifiable or not, to let Scooter skate, there's not much we can do about it. But rulings such as this one help me to remain hopeful.