Judge Won't Dismiss Case Against Libby

[AGENDA21]

WASHINGTON - A federal judge refused Thursday to dismiss charges against I. Lewis "Scooter" Libby, the former top White House aide who was indicted on perjury and obstruction charges last year in the CIA leak scandal.

In a 31-page opinion, U.S. District Judge Reggie B. Walton turned down a motion by lawyers for Vice President
Dick Cheney's onetime top assistant, who challenged the authority of Special Counsel Patrick Fitzgerald to handle the case.

Libby's lawyers had argued that Fitzgerald was given too much power — more than the attorney general — and that the appointment should have been made by the president with the Senate's approval.

Walton said Thursday he did not need to "look far" in the law to reject the claim by Libby's defense team. The judge said there is no question the attorney general can delegate any of his functions.

http://news.yahoo.com/s/ap/20060427/ap_on_go_ot/cia_leak

[CottonBear]

1. Cry baby. Special Prosecutor was OK for Clinton but not for the Bushies.

Well, boo fucking hoo. Hey Stuart: I quote your fellow Republicans when I say "Get over it."

[stop the bleeding]

2. As if it had a chance of being dismissed

Keep the good news coming :)

[cascadiance]

7. With Reggie Walton, ANYTHING's possible...

Given Sibel Edmonds' history with her appeals, that pretty much have all been directed to him and ALL have been dismissed for "State Secrets" privilege reasons, I wouldn't doubt that Walton was spending a lot of time studying whether he could get away with doing that with Libby. A good sign though that he now feels he can't! I think it's harder to dismiss criminal cases on State Secrets privilege (there are other laws that apply here) than with civil cases (Sibel Edmonds, etc.)

[rodeodance]

3. take that Libby boy!! (and the WH by extension)

[rodeodance]

4. Judge also said that he can be removed by the Justice Dept-- (but I do

not think even this WH will try that one).


....Walton said Comey made the legal analysis more difficult by failing to appoint Fitzgerald under Justice Department rules for special prosecutors. As a result, the judge said he had to rely on a series of letters Comey wrote to Fitzgerald outlining the CIA leak investigation.

The judge concluded that Fitzgerald's powers are limited because he can be removed by the Justice Department. Walton also said Fitzgerald's authority will expire when the CIA leak investigation and resulting prosecutions are concluded.

"The integrity of the rule of law ... is challenged to the greatest degree when high-level government officials come under suspicion for violating the law," Walton wrote. "And a criminal investigation of any individuals, prominent or not ... must be above reproach to preserve respect for the fairness of our system of justice."

[rodeodance]

5. Seems like he also gave a little smack to high level officials

"The integrity of the rule of law ... is challenged to the greatest degree when high-level government officials come under suspicion for violating the law," Walton wrote. "And a criminal investigation of any individuals, prominent or not ... must be above reproach to preserve respect for the fairness of our system of justice."

[Melsky]

6. Good!

Did Clinton select Ken Starr? I don't think so.

[quiet.american]

8. "....the appointment should have been made with (prez) approval...."

ARE THEY KIDDING! Unbelievable. Can you imagine the absolute carnival of gloating that would have been unleashed had the judge ruled in their favor?