Libby's New Defense:Fitzgerald's Appointment = Unconstitutional!

[kpete]

Attorneys want Libby charges thrown out
They say prosecutor in CIA leak case doesn't have proper authority


Updated: 3:24 p.m. ET Feb. 23, 2006
WASHINGTON - Lawyers for Vice President Cheney’s former top aide asked a federal judge Thursday to dismiss his indictment because the special prosecutor in the CIA leak case lacked authority to bring the charges.

In a court filing, lawyers for I. Lewis “Scooter” Libby said his indictment violates the Constitution because Special Counsel Patrick Fitzgerald was not appointed by the president with the consent of the Senate.

The defense attorneys also said Fitzgerald’s appointment violates federal law because his investigation was not supervised by the attorney general. They said only Congress can approve such an arrangement.

“Those constitutional and statutory provisions have been violated in this case,” Libby’s lawyers wrote.

Fitzgerald was appointed in December 2003 after former Attorney General John Ashcroft recused himself from the investigation because of his close relationships with White House officials. Then-Deputy Attorney General James Comey, acting in Ashcroft’s place in the matter, selected Fitzgerald.

http://www.msnbc.msn.com/id/11525309/from/RSS/
via:http://www.dailykos.com/storyonly/2006/2/23/16858/0676

[MadAsHellNewYorker]

1. wow, you know you are desperate why you try and accuse the prosecutor

:eyes:

[htuttle]

25. Yup, when a defendent in a criminal trial...

...falls back upon a Constitutional argument, that generally means they're screwed. It seems like the "Hail Mary" of criminal defense plays.

Then again, they're probably planning on trying to appeal to the SCOTUS at some point, and that's probably why they're introducing it now (I can't imagine they think it will work with this judge).

[stop the bleeding]

2. this is strictly a procedural move and will not work, just another

tactic by Fibby to delay the inevitable

more on this here:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x501914

[MissWaverly]

9. I am tired of this, endless legal caveats making a mockery of justice

why don't we outsource this to the UAE, then maybe we would see a semblance of justice
in a timely fashion.

[philarq]

3. So I can go out and

run over old ladies all afternoon, and if the president doesnt appoint a prosecutor, I will get away with it.

We have got to appoint another special prosecutor for this White House.

[pnorman]

4. Thanks for that.

If I had "already known that", I most certainly had forgotten it.

pnorman

[MrBenchley]

5. I don't recall the Senate approving Ken Starr

No doubt the party that screeched "rule of law" like scalded parrots followed all the proper steps in THAT case...

[Texacrat]

13. Avtually, it's the other way around

The Democratic Justice Department appointed Starr. The Republican Justice Department appointed Fitzgerald.

I would not be surprised if Ashcroft bungled this, maybe even on purpose.

[MrBenchley]

14. As a tactic, this stinks of desperation....

but I guess Scooter hasn't got anything else....

[acmejack]

6. Reeks of desperation.

These boys are really worried!

[kitkat65]

7. Oh, yeah, NOW they want approval from the Senate. n/t

[PurpleChez]

8. What a devious little cocksucker

[leveymg]

10. Fitz was appointed by the AG's designate, who is the responsible

official acting as the President's designate for these purposes. This is utter nonsense.

Do Libby's lawyers really expect to get paid for this?

[Texacrat]

11. I wonder if this has any legal basis

Can someone who knows the law (like a lawyer) tell me what's going on?

[DoYouEverWonder]

12. It's total bs

Just a ploy to drag things out.

[yodermon]

15. good GOD,

talk about flinging shit about the room to see what sticks! That is pathetic!

[Joey Liberal]

16. Their desperation is amusing

But it will not work.

[napi21]

17. This is just another legal tactic. It's what the big $$ lawyers get

paid to do! File continuous motions and trying useless duck and dodge moves to make it look like they're really earning all that $$$$$$!

The same thing goes on in all high profile cases. Don't get yourself all unset!

[AspenRose]

18. Bwahahahahahaha

Good luck with that, "Scooter."

[sinkingfeeling]

19. But, Scooter, the Constitution is just a damned piece of paper.

[NV Whino]

20. Wow, he really is in deep do-do if he's scrambling like this

:rofl:

[Bluestar]

21. Sounds Like a Saddam Accusation!! n/t

[mod mom]

22. Ah, Mr Libby...your desperation is showing. bwahhahaha!

[emulatorloo]

23. You heard it here first: TODAY I DECLARE MYSELF ABOVE THE LAW!

I have learned well from Bush Cheney.

I have looked at the laws and the constitution, and after careful consideration, have decided they are outdated and no longer apply to me.

[hatrack]

24. Warrantless spying OK! Suspension of habeas corpus OK!

Torture OK! "Extraordinary rendition" OK! The VP classifying & declassifying documents OK!

But God help you if you appoint a special prosecutor!! Clearly unconstitutional!!

Pathetic, desperate and :puke: -inducing.