Judge Walton delivers a smack down to Libby defenders

[ProSense]

Judge smacks ‘luminaries’ defending Libby.

A dozen mostly libertarian and conservative legal scholars, including rejected Supreme Court nominee Robert Bork, submitted an amicus brief to Scooter Libby trial Judge Reggie Walton today “arguing that that there are serious constitutional questions about the legal authority” of Special Prosecutor Patrick Fitzgerald. Emptywheel highlights this bitingly sarcastic response from Judge Walton:

It is an impressive show of public service when twelve prominent and distinguished current and former law professors of well-respected schools are able to amass their collective wisdom in the course of only several days to provide their legal expertise to the Court on behalf of a criminal defendant. The Court trusts that this is a reflection of these eminent academics’ willingness in the future to step to the plate and provide like assistance in cases involving any of the numerous litigants, both in this Court and throughout the courts of our nation, who lack the financial means to fully and properly articulate the merits of their legal positions even in instances where failure to do so could result in monetary penalties, incarceration, or worse. The Court will certainly not hesitate to call for such assistance from these luminaries, as necessary in the interests of justice and equity, whenever similar questions arise in the cases that come before it.

[illinoisprogressive]

1. this is a judge you could really like!

[ChairmanAgnostic]

7. woyt ewe sed

but stronger.

Well put!

[snappyturtle]

2. Woohoo! Way to go Judge Walton! K&R nt

[bjobotts]

53. EXCELLENT...RELEASE THE HOUNDS

Stick their big noses in and the judge redirects the scent...EXCELLENT

[Vincardog]

3. SNAP

[katty]

4. Love this!! need more of this!!

[Beaverhausen]

5. Take that!

Love him!!!

[Missy Vixen]

6. Judge Walton rocks the free world!

>this is a reflection of these eminent academics’ willingness in the future to step to the plate and provide like assistance in cases involving any of the numerous litigants, both in this Court and throughout the courts of our nation, who lack the financial means to fully and properly articulate the merits of their legal positions even in instances where failure to do so could result in monetary penalties, incarceration, or worse.<

He shoots, he SCORES!

Congratulations to Judge Walton for calling it like it is. I hope he does call on some of these "luminaries" in the future. The Ladies of the Lake have talked about sitting in his courtroom shortly before the Libby case was being heard one morning and hearing him tell defendants from the bench that he expected better from them as husbands and fathers. I'm sure those defendants didn't have high-priced legal talent with them, either.

We may not agree with every decision, but in this one, he's hit a home run.

Julie
still president for life of the PFEB

[H2O Man]

10. Their goal

is to try to make a point that could convince Judge Walton to allow Libby to remain out on bail. However, it is a weak point.

[autorank]

62. Hi H2O Man

Don't you think the judge was appropriately contemptuous. The clear implication is that they're
hired guns doing this to stay on the neocon gravy train, which can be quite a feast if your an
academic with not soul. That's really a slap at them. I like this guy. If he'd just let Sybil free
to speak, he'd do us a great service.

Regards

[H2O Man]

83. I found it

interesting that Judge Walton actually included that footnote in his order.

I think that Judge Walton takes a consistently conservative approach in his legal reasoning and rulings. That, of course, proves frustrating in the situation involving Sybil. I am hoping that at some point, she considers speaking out and willingly accepting the consequences. As Abbie Hoffman said in the Chicago courtroom after being sentenced, "When decorum becomes repression, the only dignity free men have is to speak out."

[xxqqqzme]

8. boy, oh, boy that is fairly dripping w/ sarcasm.

Too bad it will be completely lost on these ass-clowns.

[speedoo]

9. Thwap!

Go Reggie!

[Forkboy]

11. *SNARF*

:rofl:

[Acadia Blue]

12. Another priviledged piece of rich white trash like GW and Paris

and these people just float by while others clean up the disasters they create. Libby committed a serious crime. Perjury. Our whole justice system is at stake if someone can do that with impunity.

[Hubert Flottz]

31. The GOP impeached Clinton for the same crime!

It was important to them then.

[Hamlette]

70. Clinton's lied about something (sex) that was not a crime, Libby lied about something that is

Libby lied about outing a CIA agent. I think the reason no one was prosecuted for that crime was Fitz could not prove that the ones who outed her knew she was covert. Libby lying might have contributed to him being unable to prove they knew her status when they outed her.

Lying about an extramarital affair is considered by most people to be the honorable thing to do. In a country where 90%+ of us have sex before marriage and 50% have affairs during marriage AND LIE ABOUT IT, what Clinton did was what most of us do.

Most of us won't lie to coverup a crime committed by our boss (presuming Cheney is the key here).
Especially if that crime threatens our safety. To paraphrase Jon Stewart: The only thing worse for these guys than another terrorist attack is an honest CIA agent stoping it.

Big difference.

[Toots]

72. Not exactly, Clinton was evasive and maybe lied but Libby committed Perjury

Lying is not necessarily Perjury and Clinton was never charged with Perjury although the term was thrown around a lot during that time it was never one of the charges for Impeachment. Libby was charged with three seperate counts of Perjury. Perjury is a felony, a criminal act. Clinton was never charged with anything criminal nor did he ever appear in a courtroom. Clinton has no criminal record.......

[Dunedain]

87. That's funny

I'm sorry, I know what you say is something I myself would like to believe. But I couldn't say that what you just have and keep a straight face.
I must have met one to many liars.

[Patsy Stone]

13. I quote Paris Hilton:

"That's hot!"

Reggie? :loveya:

[Beaverhausen]

16. LOL!!!

[Patsy Stone]

33. :)

:hi:

[Me.]

14. Bork Is The Guy

Who when no one else would for legal and ethical reasons, fired Archibald Cox. It's time he got over himself.

[GreenPartyVoter]

60. He also is a major backer of tort reform, and yet is suing the place where he fell

for $1 million. :eyes:

[aquart]

73. Another irony-challenged Republican.

[Gregorian]

15. He's an example of a Republican who is honest.

And I cannot complain about that.

Man, what a bunch of blowhards. They must all be in Bush's pockets. Why do they hate justice so?

[Joe Chi Minh]

71. I don't think your identifying Reggie as a Republican in the present Republican

context throws an awful lot of light on anything, do you? The better Republicans of the old school - pre-Nixon - are as unlike this mob as chalk and cheese. If disapproved of, the party of Eisenhower is nevertheless not hated and reviled by Democrats. As far as I can tell, it's the only reason you Americans continue to call the Republican Party, the GOP.

[ProudDad]

77. I beg to differ!

The repukes have been all about maintaining the status-quo "rights" and privileges of the wealthy ever since they had their asses kicked for the attempted Reconstruction. With the exception to the rule posed by the accidental president T.R.Roosevelt, they have been for empire and monopoly at all costs and more, more for the rich. They have been almost uniformly opposed to any progressive social movements such as that nasty 8 hour day, 40 hour week, public school education, public health, hell publicly financed ANYTHING since the 1880s.

There was a brief period after an initial collapse of the corrupt capitalist system in this country in the late 1920's when progressive forces built up in the grass roots over decades in response to the deprivations of the robber barons and the banks which Progressives forced FDR to change what would have been his natural course of supporting the status-quo so that he co-opted a little bit of the progressive agenda, called it the New Deal and got a little of it enacted into law to diffuse the possibility of a Socialist (or less likely, Fascist) revolution in this country.

The repukes have been bending EVERY effort ever since to roll back those progressive "abominations" ever since. They have mostly succeeded. They have succeeded in the most important task though. They have succeeded in convincing the majority of the public, including, obviously, many here on a supposed progressive Democratic board (at least, that's how DU started -- the Democratic/Progressive wing of the Democratic Party in Exile after 2000, right?), that the New Deal/Progressive ideals of the community of citizens providing a Commons, providing for the COMMON weal, providing for the least among us out of the wealth of all of us is to be denigrated as bleeding heart socialism and that only the (well-regulated if you're Democrat) Free Market is capable of organizing human affairs.

Don't let their slick look and "polite demeanor" fool you, they are not and since Lincoln have NEVER BEEN your friends. Those "better" of their number you point to are such a vast minority that they may as well have never existed.

If we MUST have a two party system, what we really need is the Democrats and a truly left-leaning, working-class, people's party and must relegate the elitist repuke party to the same fate as the Whigs and the Federalists; an obsolete footnote in history.

[Joe Chi Minh]

80. You don't seem to have noticed - well you've never had a viable left wing in your country -

that the majority of left-wing politicians sooon become right-wingers, once they get their feet off the bottom rungs of the ladder.

The old Tory jibe about socialism being the politics of envy expresses a significant truth, while expressing both intrinsically shameless, anti-Christian feelings towards the exploited, and failing to acknowledge that it is, in any case, simply an inclusive form of the socialism (we know as cronyism) they have always favoured.

What I mean by that is that most left-wing politicians are by nature simply disadvantaged right-wingers, who see socialist politics as a way to "get on". However, when it ceases to be a useful tool, they shut up and keep their heads down (or accept a Cabinet post, if they're really dire), like our New Labour. To their minds, Socialism is not worth losing their job for. Even risking it. It's the worldy political intelligence. Christian allegiance is not a guarantee of integrity in that regard, but among Socialists, and post WWII Tories, I believe it has proved a better guarantee of it.

[ProudDad]

86. You're right

We've never had a viable left wing in the U.S.

I have also noticed that "left wingers" in Europe are as easily corrupted by the capitalist masters as anyone else once they get a taste.

Makes you wonder, "Why bother?" sometimes.

But, that's primarily the model created by the white western countries and imposed on the rest of the world.

Maybe somewhere else another model may emerge...I'm looking south...

[Joe Chi Minh]

88. Well, I believe it's mainly the historically Anglo-Saxon countries

that have evinced this shallow and brittle level of integrity, and I see it as a legacy of our imperial past.

Unfortunately, a taste for the most selfish materialism inherited and maintained by the pre-war Tories appears to have scandalised the rest of the population with regard to Chrsitianity. The Church of England used to be known as the Conservative party at prayer, so that while the best of the monied classes retained a respect for Christian values, their new rich newcomers, both Tory and Labour, have rejected the thing of immense value we had; the mustard seed of Christian faith and, incidentally, the most elementary common sense.

The growing madness of our society is a living tribute to the capacity for stupidity engendered by atheism, now enshrined in Europe. Here are two interesting articles:

http://www.agendaforprophets.org.uk/displayarticle.php?article_id=59

and

http://www.agendaforprophets.org.uk/displayarticle.php?article_id=66

I don't agree with the thrust of everything on the site, or everything in the articles I with which I do substantially agree, but these two contain important truths; the first one being particularly impressive, from a socialist/DU viewpoint.

[Renew Deal]

17. That's the funniest thing I've read from a judge in 3 hours.

:evilgrin:

[The Backlash Cometh]

18. Isn't Libby now a felon?

[H2O Man]

19. A convicted felon,

at that.

[BootinUp]

20. Love the biting sarcasm from the Judge!

They deserved it big time.

[Uncle Joe]

21. Damn! I got whiplash from that snap, crackle and pop!

Judge Walton, you're a patriot:patriot:

Thanks for the thread ProSense

Kicked and recommended

[Patsy Stone]

22. Here's a link to a 2006 WaPo article

which explains why this argument didn't work the first time.

http://www.washingtonpost.com/wp-dyn/content/article/2006/02/23/AR2006022302087.html

"I think it's a nice try, but I don't give it much chance of success," said Scott Fredericksen, an associate independent counsel during the Reagan administration who helped investigate scandals at the Department of Housing and Urban Development.

Experts said the Libby defense claim is similar to a challenge the Supreme Court rejected by a vote of 7-1 in 1988. In that case, Morrison v. Olson , the Justice Department sought to quash subpoenas of its officials by an independent counsel. They argued that the law that allowed the appointment of independent counsels violated the president's authority under the Constitution and gave such independent investigators inappropriately broad powers.

The regulations written by the Justice Department to allow for the appointment of a special counsel such as Fitzgerald were adopted after the 1992 expiration of a separate law that authorized a judicial panel to appoint independent counsels. The agency decided the regulations were necessary because it was likely there would be times when the federal government's chief law enforcement agency faced conflicts while investigating some matters.

Though the independent counsel worked outside the executive branch, the special counsel regulations were written to work within the executive branch, legal experts said, and the attorney general has authority to deputize someone to prosecute the nation's laws.

"The regulations that created the special counsel are safe from attack," Fredericksen said.

[Garbo 2004]

34. Actually Fitzgerald was appointed pursuant to DOJ statute, not the regulations. Comey

in his capacity as acting AG in the Plame matter delegated authority to Fitzgerald as permitted by USC 510.

Fitzgerald isn't an indpendent counsel. Oversight for the Plame investigation was provided first by Deputy AG Comey (since Aschcroft and Gonzales had to recuse themselves) and then David Margolis, named by Comey before he left the DOJ.

[Patsy Stone]

35. A statute?

So, is this opinion in the article wrong? I know he's not an independent council, which is part of the argument, but is the statute more powerful than the regs? I would guess yes, but IANAL.

[Garbo 2004]

37. Yes the statutes are law. Regs are adopted by the agency, in this case DOJ.

They go through a regulatory process to adopt/amend but nothing like a law which has to go through Congress and signed by the President before it is enacted.

Since the regulation for a Special Counsel exists people often think that was how Fitzgerald was appointed. Some have even argued that Fitzgerald's appointment didn't meet the criteria of the regulation and therefore his appointment was not legit. But Fitzgerald wasn't appointed pursuant to the regulation. And the statute he was appointed under, since it is a law, supercedes the regulation.

But Comey's letter appointing Fitz is clear that the basis for the appointment is in statute. In.pdf format: http://www.usdoj.gov/usao/iln/osc/documents/ag_letter_december_30_2003.pdf

And when Comey later clarified Fitzgerald's powers at Fitz's request, he made clear that Fitz's position and authority wasn't derived from or limited by the regulation. Again in .pdf: http://www.usdoj.gov/usao/iln/osc/documents/ag_letter_feburary_06_2004.pdf

[Patsy Stone]

38. That's even better!

Thanks for the info, I appreciate it.

[aquart]

74. Did you really think Comey or Fitz would be that lax?

The challenge, I understand, is from a dissenting opinion by traitorous member of the Filthy Five, SCALIA, and therefore worth toilet paper, but only if you want a rash on your ass.

[BlooInBloo]

23. Well.... that'll just about cover the amicus briefs.

[Cha]

24. SCORCH!!~

I think I'm in Platonic Luv! :loveya: Judge Walton~

[Vadem]

25. Yeah, but he is the Judge who really shut down Sibel Edmonds..

case... even throwing her and her lawyers out of the courtroom and then ruling against her, stating that state secrets were involved!

Have you ever heard of a judge throwing out a plaintiff and their lawyers and closing the courtroom to only the government lawyers???

No, I am NOT enthralled with this Judge! I think he was very cowardly in dealing with this corrupt administration, giving into their demands and against Sibel's rights!

So, I am NOT a fan of Judge Reggie Walton!

[Roland99]

55. Hear! Hear!

[Nikki Stone1]

78. Good catch

:kick:

[xultar]

26. Boom Shaka laka shaka laka

[burythehatchet]

27. I'll sign onto that

[AllyCat]

28. Zingggg!!!

Oh that is rich. Love it.

[Morgana LaFey]

29. A thing of beauty. I sure as hell hope he follows through. nt

[bleever]

30. Thank you, Judge Walton, for that perspective.

Nicely done, sir.

[Peace Patriot]

32. Wow! Judge Walton wrote that? --was my first response. I thought it was a satire

--of the wishful thinking variety--from emptywheel. But, while she has a sharp (and lovely) tongue (always right on), she would never foist off a satire like that, without a clue-in, and all in all, without visiting the Lake, I gather that it's REAL!

Wow.

From Judge Walton, of all people. (--known as a "hanging judge," if you know what I mean; and a real stickler for form on the Libby trial--very careful). He. Is. Pissed.

As I said in another thread, this Borkian/Gonzoid garbage comes from The School of Tortured Legal Arguments, which also brought us, well...torture, and the Unityranny Executive.

I'm very glad to see a conservative judge balk at this, and boy do I love his sarcasm! Incredible!

I can't wait to see what he is going to impose on Libby for his 400 hours of community service. Start a Poverty Law Center? Er...no. Libby's going to be disbarred. Cleaning the toilets in an existing Poverty Law Center? Writing letters for GI's whose hands have been blown off? Cleaning their bedpans at Walter Reed? Does he do his 400 hours before or after his 2+ years in the pokey? Maybe we won't get to know right away, but we can dream.

[The Velveteen Ocelot]

36. One of these "luminaries" who submitted the amicus brief

is Viet Dinh, a former Bush DoJ solicitor general, and the primary author of the fucking USA PATRIOT act.

I'm sure he offered an objective, well-reasoned legal analysis. :sarcasm:

[Canuckistanian]

40. Viet Dinh, the neocon's mouthpiece

And this guy's a law professor?
http://en.wikipedia.org/wiki/Viet_D._Dinh

[jazzjunkysue]

39. Don't. Piss. Off. The Judge.

Ever.

[knitter4democracy]

81. You'd think those lawyers would know that.

It's rule number one, isn't it? ;)

[SemperEadem]

84. rules? Ha! Their hubris wouldn't allow such considerations...

[Richard Steele]

41. Dayum. That's a seriously impressive "go fuck yerselves" if ever there was one. Recommended!

[Handsome Pete]

42. A scathing and lively "fvck yvu" to be certain!

Somewhere, Oscar Wilde is ROFLHAO.


just sayin'

[L. Coyote]

43. One word: RICH!

[OPERATIONMINDCRIME]

44. Wait, This Is For Real? Holy Shit He Rocks!

:rofl:

[WillyT]

45. K & R, Baby !!!

:kick:

[SeattleGirl]

46. Wow, wow, WOW!!! Nice smackdown, Judge Walton!

:yourock:

[19jet54]

47. So called "Activist" Judge is Pissed!

What is that old saying about "pooping" where you eat - the legal critics should have kept their political mouths shut?

I think this is the typical response from the 3rd branch of government, after being constantly criticized and unjustly politically nullified by the Executive branch for the past 6 years.

[hatrack]

48. Wow. This pretty much redefines "ass-kicking" in my book, at least.

Damn. Just . . . damn.

[Blackhatjack]

49. Judge Walton should have said "I already have you on my speed dial..."

A fine piece that cuts right to the motives of those who feign one reason for intervening, when in fact they are promoting an entirely different, selfish agenda.

[ConsAreLiars]

50. In plain English, "Go fuck yourselves you partisan hacks"

"And if you ever in your lives decide to act for the common good, let me know. Until then, fuck off."

[upi402]

51. Give me more heroes! I like it! k/r n/t

[cui bono]

52. That's fantastic!

:applause:

[PurpleChez]

54. In legal terms: Buh-Bye!

Thanks for this post! This was a great treat with breakfast.

[blogslut]

56. hehee

Good for old Reggie.

[progressoid]

57. Well, that deserves a little K&R.

[leftynyc]

58. That was great.

I think I love this judge. And the fact he was nominated by Bush the elder makes it all the more satifying.

[MsMagnificent]

59. Snarky lil devil *chuckle*

This judge has gained a new fan! :applause:

[Pacifist Patriot]

61. I love the smell of eloquent sarcasm in the morning!

[WiseButAngrySara]

63. LOL! Oh I'm liking this Walton more each day. ....n/t

[Joanne98]

64. LOL! He nailed it ! Go Judge Walton!

[napi21]

65. My, my! I suspect that pretty much answers what Walton is going to

rule on Libby staying out of jail while his appeals are pending, huh?

I saw a glimpse of this side of Regie at the end of the trial when he chastized the defense team for not fulfilling their promises. At the time I said UH OH...not good to piss off the Judge guys! Your client will pay the price. I learned that from simply working around several lawyers, where did this defense team and the "distinguished law professors" get THEIR law degrees that they missed out on THAT LESSON? Couldn't have been Regent U, it wasn't around that long ago!

[Maestro]

66. He handed them their pompous collective ass!

Love it! :thumbsup:

[SarasotaDem]

67. WOW !

I like this judge :)

[Cerridwen]

68. Geez, and he didn't even need a sarcasm smiley

LOL

Is it standard for a judge to footnote his orders that way? I don't necessarily mean the sarcastic comeuppance, but do they usually include footnotes in their orders to clarify their position?

[tanyev]

69. Wow. The freepers are going to need a translator to understand that.

[scarface2004]

75. judge walton is da man!!!!

in other words...hey bork-go fuck yourself!!!

[colorado_ufo]

76. K&R for Judge Walton!

Best sarcasm since Alexander Pope.

[Connonym]

79. that's what my family calls testicular fortitude

good on him

[bluerum]

82. Tell it --- to da judge. Wooha. Turned those slime bags inside out. eom

[SemperEadem]

85. what is it about obstruction of justice don't these knuckleheads

who want Libby to go free understand?

[Annces]

89. Great n/t