LIBBY Motion to Dismiss Smacked Down by Judge Reggie Walton

[kpete]

Libby Motion to Dismiss Smacked Down
by Slartibartfast
Thu Apr 27, 2006 at 09:33:42 AM PDT

Judge Walton smacked down Libby's motion to dismiss the indictment. His entire argument for dismissal was based on an assertion that Fitz's appointment, having been made by the Deputy Attorney General and not by the president nor confirmed by the Senate. Walton took that argument and threw it back at him.

The money quote:

There can be no question that the plain language of 28 U.S.C. § 510 supplies the Attorney General with the authority to delegate to "any other officer, employee, or agency of the Department of Justice . . . any function of the Attorney General."

The entire opinion is here.
http://www.dcd.uscourts.gov/opinions/2006/Walton/2005-CR-394~10:51:22~4-27-2006-a.pdf

via:
http://www.dailykos.com/storyonly/2006/4/27/123343/789

[WiseButAngrySara]

1. Well, thank goodness! Any other tricks up his atty's sleeves? ......n/t

[npincus]

2. If I'm not mistaken

it was Fitz's response to this argument for dismissal that contained the revelations about The Leaker-In-Chief. So we really owe Libby's lawyers a debt of gratitude, don't we? In their efforts to run the clock, they exposed B*sh's hands-on involvement in the conspiracy to out Plame.

Am I mistaken?

[kpete]

3. xlnt observation

Thanks!

[stop the bleeding]

4. completely - the fact that Libby's lawyers are playing every card they

have is bringing more and more laundry out into the light.

They should have just kept their mouths shut

[robertpaulsen]

5. Libby has too much heat on him for Walton to pull a Sibel Edmonds.

Walton might be a tool, but he's no fool.