[JURIST] Defense counsel for Canadian-born media mogul Conrad Black [CBC profile; JURIST news archive] on Thursday submitted [docket] an application for bail [motion, PDF] pending appeal to Justice John Paul Stevens of the US Supreme Court [official website]. The application for bail follows the Supreme Court's recent grant of certiorari [JURIST report] in Black's case, appealing his fraud conviction. The appeal challenges the appellate court's interpretation of the "honest services" clause of 18 USC § 1346 [text], claiming that the clause does not apply where there is no finding that the defendant "reasonably contemplated identifiable economic harm" under mail and wire fraud law [18 USC § 1341 text]. Pursuant to 18 USC § 3143 [text], a defendant is entitled to bail if a judicial officer finds "by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community" if released, if the appeal raises a "substantial question of law or fact" that is likely to result in the defendant's favor and if the request is not for the purposes of delay. In the motion, Black's lawyers stipulate that:

There was no dispute in the district court or the court of appeals that Mr. Black is unlikely to flee, that he poses no danger to the safety of any other person or the community if released on conditions, and that he pursues his appeal for a legitimate reason and not for purposes of delay. The district court found in Mr. Black’s favor on each point, by court of appeals. Accordingly, the sole issue is whether Mr. Black has “raise[d] a substantial question of law or fact” likely to result in at least a new trial should he prevail on that question.