Posted on 11/14/2006 8:44:03 PM PST by STARWISE
Lawyers for Vice President Dick Cheney and his indicted former chief of staff, I Lewis "Scooter" Libby - who is awaiting trial on separate criminal charges of perjury and obstruction - have filed motions in federal court asking a judge to dismiss a civil complaint against them filed by former Ambassador Joseph Wilson and his wife, former CIA employee Valerie Plame.
Vice President Cheney's attorneys argue that the suit should be dismissed on various grounds including that, "the Vice President is entitled to qualified immunity," and that Cheney is "absolutely immune from suits for civil damages."
The lawyers for the Vice President also write that the civil action by the Wilson's exceeds the two-year statute of limitations for such filings.
(snip)
Cheney's attorneys write, the Wilson's "have not pled that the Vice President ever made any public disclosure of Mrs. Wilson's alleged CIA employment status. The sole pertinent factual allegation is that the Vice President communicated the fact of her CIA employment to his national security advisor and chief of staff."
The Vice President's attorneys also write, "Plaintiffs invite the judicial branch to permit intrusive discovery into those communications and to discern which among them might be, as a matter of tort law, wrongful and which not." Cheney's attorneys say, " Such an inquiry cannot be squared with basic separation of powers principals."
(Excerpt) Read more at msnbc.msn.com ...
YAHOOTY...
Thanks, STARWISE....it is about time they start throwing these legal papers back in the faces of the Plames.
Next, they need to tell Fitzy to wrap up his investigation by Jan 1....after that, no more funding.
i would have liked them to get to discovery...then have the Wilons drop the suit.
I've been playing with these papers which are lengthy and boring. In the context of these motions the defendants must not challenge the factual assertions of the plaintiffs which for the purpose of a motion to dismiss on the pleadings are taken as uncontested, so all these papers are on legal arguments. I think the arguments raised by Cheney and Libby are sound and the case will be dismissed.
The "separation of powers" statement is pretty strong, hmmm?
The immunity arguments, the arguments that Bivens doesn't apply and the statute of limitations arguments are all strong. (Others are, too, but these seem to me to be hard for the plaintiffs to respond to.)
Wonder if Mrs Wilson's post-partum depression was really caused not by childbirth, but by no longer being able to deny to familiy and friends that she really did have sex with a dork like Joe...
Right on. The Wilsons would fold within a half-hour of interrogation. This fraud was conceived to get Rove and nothing more. The steam went out of the Dems and the press once Rove was cleared. This entire fraud was schemed from the moment Wilson sat down to write his NYT piece. The Time's subversive nature is already well established, I think.
Dems couldn't care less at this point. The Wilsons already helped serve their political purpose. Both these huckers, Wilson and Plame, will find work within the party soon enough.
What a tortuous sentence all in an attempt to link Cheny to the criminal complaint.
The rats be in charge. Unlimited funds to Fitzy to keep his investigation going.
ROFL.
So I guess Armitage is really going to get a pass since he's become their poster child for attacking the administration.
You make a good point! LOL
No money easily ginned for sticking it to Armitage.
No media-desired sizzle in suing Armitage.
No valued target in such personal destruction.
No desire among potential plaintiffs to suck (sym)pathetic Armitage's life savings from him.
HF
"...The Wilson's accused them..."
"...the Wilson's 'have not pled...'"
"...basic separation of powers principals..."
Dear MSNBC editors:
Please send your journalists back to grammar school.
BUMP
Thanks!
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