Posted on 06/08/2007 5:48:55 PM PDT by West Coast Conservative
What happens when a dozen prominent law professors from across the legal spectrum - from Robert Bork to Alan Dershowitz - petition the judge in the Libby case to give credence to the concept that Special Counsel Patrick Fitzgerald's constitutional authority in prosecuting the case is in question?
U.S. District Judge Reggie Walton will have to address the issue next week when he has been asked by Libby's attorneys to consider releasing their client on bond pending appeal of his conviction for perjury and obstruction of an FBI investigation of the leak of CIA agent Valerie Plame's name to reporters.
The 12 professors write, in a joint amicus brief, "The constitutional issue to be raised on appeal is substantial."
"To our knowledge, the special counsel appears to occupy virtually a 'class of one' in the history of special prosecutors," the professors wrote.
Was Fitzgerald given too much power and too little accountability?
The professors argue the Special Counsel's appointment was unique since he was not appointed by the president or approved by the Senate and exempted from complying to some Justice Department policies.
The legal minds write, "It appears to be undisputed that there is no day-to-day supervision of Special Counsel Fitzgerald by anyone, and no way short of removal even to assure that he complies with the policies of the Department of Justice or the Executive Branch."
They argue Fitzgerald had "all the authority of the Attorney General with respect to the Department's investigation into the alleged unauthorized disclosure of a CIA employee's identity, and was "directed to act 'independent of the supervision or control of any officer of the Department.'"
(Excerpt) Read more at msnbc.msn.com ...
About time somebody raised this question.
Unfortunately Judge Reggie Walton will turn them down flat. He is a DNC flunky. So maybe this, too, will head for the appeals courts.
I don’t have a source for this (I’m excerpting the quote from Justoneminute), but Judge Walton apparently made a footnote on the request by these guys to submit their briefing. His footnote reads as follows:
“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.”
As you may recall, in the very early days Team Libby argued that the appointment was unconstitutional and Judge Walton did not agree and made the decision to move the case forward. Yet now he is claiming these individuals just threw this together in a few days; he is demeaning the collective intellect and good works of these lawyers in his little footnote. What a clymer.
Fitzgerald is a joke. He milked the government for every penny he could. This ‘investigation’ was over in two days, but Fitzgerald drug it out for political and financial reasons.
What a snarky and arrogant footnote from Walton. A real clymer.
If that quote is correct, one could read that last sentence to be a threat to appoint them as pro bono counsel in indigent cases in retaliation for submitting an amicus brief on the topic.
I’m sure they are really worried; they’re probably saying bring it on.
The whole Scooter Libby trial was a farce from beginning to end. the fact that George Bush hasnt pardoned the man is another farce.
ping
...and the Paris Hilton judge was afraid that her case would diminish respect for the judicial system...that horse left the barn long ago.
no kidding. grrrr.
I thought so, too, but I am (for the moment) willing to consider the possibility that this slap-down of the whole proceedings has been in the works (by Rove?) for a long while, and the real aim is to shove this whole farce back down the Dumbocrats' throats. (Or up their...)
Seems like a sanctionable offense under the Judicial Canons of Ethics. (If the quote is accurate).
IMO the first thing that should happen is a GSA audit of all monies spent by Fitz. He should be required to tell us why he kept this farce going while he knew all the time it was a false accusation. The American taxpayer has a right to know why this political witch hunt went on so long. The American taxpayer has a right to expect a Special Prosecutor to be unbiased and unswayed by political (Dem) horse-crap. IMO Fitzgerald should be brought before the bar and prosecuted for the phenomenal waste of funds he created.
I agree. But, that will be more easily done after the courts (probably SCOTUS) have ruled that the whole mess was unconstitutional from the get-go.
Google "rope-a-dope"...
I’m no lawyer so I wouldn’t know about that. I do know it would royally piss me off; I’d be waiting for some opening to nail this lightweight.
Do you really think this administration could plan this thing out that far in advance? Really? You mean that two years ago Bush and Rove foresaw how this would all go and thought they could use it against a single judge or the democratic party?
Based on the success of what successfully plan to damage the democrats and maybe a rogue judge? The dems are better at long term nefarious plans to damage the republican party and the administration.
No, what will more likely happen is that the dems will try (most likely successfully, with the help of the MSM) to turn a pardon, or this attempt by some legal professors, around to further damage the admin and the Republicans.
That is why NO pardon will happen while Bush is still in office or at least needs the support of the fickle pubby congress and the public. The dems are counting on this fact and fear.
Hopefully this will not be a “legacy” thing of not pardoning criminals before he left office to prove his “honest and respect for the law”.
Besides, as long as he needs his lefty/dem/liberal friends in congress and the MSM to get an amnesty bill he is not going to do anything to bother the left. So screw the conservative base.. Libby will rot in jail for his whole term.
Why is Reggie Walton a DNC flunky?
Twice appointed by both Presidents Reagan and George H.W. Bush to the Superior Court of the District of Columbia.
He was appointed in 2001 to his lifetime seat on the federal bench by President George W. Bush.
May 2007, Chief Justice John G. Roberts Jr. appointed him to a seat on the Foreign Intelligence Surveillance Court.
What am I missing here that makes him a political hack?
His behaviour. Or didn’t you read the article?
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