Leak Prosecutor's Authority Questioned

AP via SFGate ^ | 6/8/7 | LARA JAKES JORDAN, Associated Press Writer

[SmithL]

WASHINGTON (AP) -- A dozen prominent law professors are questioning whether Special Counsel Patrick Fitzgerald had constitutional authority in the CIA leak trial that this week sentenced former White House aide I. Lewis "Scooter" Libby to prison.

The push comes as Libby's lawyers, who are making the same argument, prepare to appeal his 2 1/2-year sentence.

"The constitutional issue to be raised on appeal is substantial," conservative Robert Bork, liberal Alan Dershowitz and 10 other professors wrote in their nine-page brief, filed Thursday at U.S. District Court in the District of Columbia.

"To our knowledge, the special counsel appears to occupy virtually a 'class of one' in the history of special prosecutors," the professors wrote.

The professors argue Fitzgerald may have been given too much power, with too little accountability, since he was not appointed by the president or approved by the Senate. Moreover, they say, Fitzgerald was exempted from complying with Justice Department policies — even thought he was appointed by the attorney general.

[MHGinTN]

When Bork and Dershowitz are on the same side of an issue, you can bet there is a smell to end all smells! Fitzy should be disbarred, a.s.a.p. and the horse he rode in on put out to permanent pasture. Guidelines more specific should be written for ‘appointing special prosecutors’.

[Paradox]

Dershowitz=Broken clock.

[Yo-Yo]

Maybe Fitzgerald and Nifong can open up a law firm together.

Dewey, Chetham, and Howe.

[gusopol3]

how ‘bout throw him in jail for 37 months?

[gusopol3]

maybe this comes at the right time for Libby— it would make me less likely, if I were Walton, to put him in jail, because if the appeal is upheld, he’ll look like a zealot.

[MHGinTN]

Bwahahahaha ... that is just the sort of humorous lift I needed! Thanx

[SmithL]

Crooslink: Prosecute Plame?

[K-oneTexas]

Bork is smart. Dershowitz is too. Some interesting things to mull: 1. a way around a pardon; 2. his appointment was irregular - a set up - and has no supervision; 3. Valerie Flame was granted immunity, wasn't she, to talk before Congress.

All in all an interesting development. If works the trial could blow-up in Dems face and AG.

[mtnwmn]

Now, this would be justice!

[the Real fifi]

Yes. It comes at a very significant time for Libby.

[CPT Clay]

Bump

[Islander7]

"....Dewey, Chetham, and Howe.,,,"

I remember that for a Three Stooges episode. Very appropriate. LOL!!

[quikdrw]

bump for later reading

[cpdiii]

Why yes, this is a good idea. My guide line would be to eliminate all special prosecutors and rescind the law by which they are appointed. They are a stain on the Constitution.

[cpdiii]

Guidelines more specific should be written for ‘appointing special prosecutors’.

Why yes, this is a good idea. My guide line would be to eliminate all special prosecutors and rescind the law by which they are appointed. They are a stain on the Constitution.

[Stayfree]

When Bork and Dershowitz are on the same side of an issue, you can bet there is a smell to end all smells!

WOW, this could be a big break for the right side of law!

[norton]

Last line of the article is the best part:

"...appointed special counsel in 2003 by his former colleague and friend, then-Deputy Attorney General Jim Comey. John Ashcroft, who was serving as attorney general, had recused himself from the investigation because of his White House contacts."

Prosecutor in a 'leak case' was appointed by the source of the original leak and the prosecutor knew that fact at the time he was appointed!
(Sounds perfectly legitimate to me)

[Califelephant]

Jim Comey was the source of the original leak?

[Phlap]

This ain’t new. His lawyers raised this issue in pretrial motions.