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Leak Prosecutor's Authority Questioned
AP via SFGate ^
| 6/8/7
| LARA JAKES JORDAN, Associated Press Writer
Posted on 06/08/2007 10:27:46 AM PDT by 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.
(Excerpt) Read more at sfgate.com ...
TOPICS: Crime/Corruption; Front Page News; Government; Politics/Elections
KEYWORDS: fitzcommie; fitzgerald; fitzjerk; kangaroocourt; plamegate; scooterlibbey
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1
posted on
06/08/2007 10:27:48 AM PDT
by
SmithL
To: SmithL
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’.
2
posted on
06/08/2007 10:31:37 AM PDT
by
MHGinTN
(You've had life support. Promote life support for those in the womb.)
To: SmithL
3
posted on
06/08/2007 10:32:10 AM PDT
by
Paradox
(In the final analysis, its mostly a team sport, Principles cast off like yesterdays free agents.)
To: SmithL
Maybe Fitzgerald and Nifong can open up a law firm together.
Dewey, Chetham, and Howe.
4
posted on
06/08/2007 10:32:13 AM PDT
by
Yo-Yo
(USAF, TAC, 12th AF, 366 TFW, 366 MG, 366 CRS, Mtn Home AFB, 1978-81)
To: MHGinTN
how ‘bout throw him in jail for 37 months?
5
posted on
06/08/2007 10:32:43 AM PDT
by
gusopol3
To: SmithL
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.
6
posted on
06/08/2007 10:36:41 AM PDT
by
gusopol3
To: Yo-Yo
Bwahahahaha ... that is just the sort of humorous lift I needed! Thanx
7
posted on
06/08/2007 10:39:26 AM PDT
by
MHGinTN
(You've had life support. Promote life support for those in the womb.)
To: Ooh-Ah
8
posted on
06/08/2007 10:41:08 AM PDT
by
SmithL
(si vis pacem, para bellum)
To: MHGinTN
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.
9
posted on
06/08/2007 10:41:43 AM PDT
by
K-oneTexas
(I'm not a judge and there ain't enough of me to be a jury. (Zell Miller, A National Party No More))
To: SmithL
Now, this would be justice!
10
posted on
06/08/2007 10:41:44 AM PDT
by
mtnwmn
(mtnwmn)
To: gusopol3
Yes. It comes at a very significant time for Libby.
To: Paradox
12
posted on
06/08/2007 10:42:58 AM PDT
by
CPT Clay
(Drill ANWR, Personal Accounts NOW.)
To: Yo-Yo
"....Dewey, Chetham, and Howe.,,,"
I remember that for a Three Stooges episode. Very appropriate. LOL!!
13
posted on
06/08/2007 10:43:52 AM PDT
by
Islander7
("Show me an honest politician and I will show you a case of mistaken identity.")
To: MHGinTN
14
posted on
06/08/2007 10:51:33 AM PDT
by
quikdrw
(Life is tough....it's even tougher if you are stupid.)
To: MHGinTN
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.
15
posted on
06/08/2007 11:17:40 AM PDT
by
cpdiii
(Pharmacist, Pilot, Geologist, Oil Field Trash and proud of it.)
To: MHGinTN
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.
16
posted on
06/08/2007 11:18:26 AM PDT
by
cpdiii
(Pharmacist, Pilot, Geologist, Oil Field Trash and proud of it.)
To: quikdrw
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!
17
posted on
06/08/2007 11:20:01 AM PDT
by
Stayfree
(*************************Get your copy of The Fred Factor by David Gill at Capitol Hill Comedy.com)
To: SmithL
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)
18
posted on
06/08/2007 11:25:39 AM PDT
by
norton
To: norton
Jim Comey was the source of the original leak?
To: SmithL
This ain’t new. His lawyers raised this issue in pretrial motions.
20
posted on
06/08/2007 11:34:34 AM PDT
by
Phlap
(REDNECK@LIBARTS.EDU)
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