Libby says Fitzgerald Appointment Unconstitutional

[RedEarth]

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.

http://www.msnbc.msn.com/id/11525309/from/RSS/

[Bucky]

1. Swing.... and a miss! Steeee-RIKE ONE!

[CottonBear]

2. Libby sounds desperate.

...snip...

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.

Comey gave Fitzgerald sweeping power to conduct the investigation into the leak of CIA operative Valerie Plame’s identity, exempting the special counsel from following rules that apply to all U.S. attorneys throughout the nation.

Unlike every other federal prosecutor, Fitzgerald did not have to seek approval from senior Justice Department officials to grant immunity or subpoena reporters and news organizations. Nor did he have to advise senior Justice officials before he sought Libby’s indictment.

...snip...
http://www.msnbc.msn.com/id/11525309/from/RSS/

[July]

3. Libby = DESPERATE. nt

[O.M.B.inOhio]

4. Oh, so now they're stickers for precedure & Congressional oversight

(Now, I'm not agreeing with Libby's argument, but it sure seems a reversal for this Executive branch to involve Congress in anything except graft.)

[CottonBear]

5. Yeah. Like the Bush Administration is all about being constitutional.

:sarcasm:

[rodeodance]

6. i bet Yoo and Gonzalas are working for Libby--as they have conjured

up some good ones lately.

[MoonRiver]

7. Starting to sweat are ya Libby?

Your desperation is showing. :D

[madame defarge]

8. i hope fitz has a good laugh over this one...

and i hope the judge who is going to rule on this has balls.

[Peace Patriot]

10. You got it, Madame DeFarge! They're dropping in as many legal turds

as they can, to be sniffed out by any Bush lapdogs whom the case might come before.

How's your knitting coming?

[madame defarge]

17. Knitting up a storm these days...

But man, I miss the guillotine...

[The_Casual_Observer]

9. Is that the best he can do?

All I can say is "You will hang by the neck until dead, and may God have mercy on your soul. Court is adjourned" (hammers gavel).

[sandnsea]

11. This is belly laugh out loud funny

The Congress!?! That old thing??

What happened to the unitary executive who can do any friggin' thing they want, including blow the cover of CIA Agents.

This is a hoot.

[aden_nak]

12. These people must have the most whimsical sense of irony!

[HereSince1628]

13. Clearly probing every possible approach to Fitzgerald.

I can only see one upside in this. Getting Libby's defense in the news will help him raise defense funds...which would make this a publicity stunt.

If this fails, and I think we can expect that it will fail very badly, this can only give the judge heartburn about having his court used this way and give Fitzgerald more determination than ever to take down Cheney's Wormwood.

[Marr]

14. HAHAHA.

There's a point at which irony becomes hypocrisy. There is another point at which hypocrisy becomes theater. This is a few miles past theater.

[longship]

15. Attack the messenger.

He says nothing to cast doubt on the facts of the case, but attacks the prosecutor. Typical BS from a guilty person.

[applegrove]

16. Sociopaths are a bunch of "rule makers". Look at BTK. They lord

over people with nickles and dimes - all the while they grievously break the rules.