Fitzgerald's appointment is unconstitutional!!! (NY $un on Libby case)

I heard this mentioned on a RW talk radio show that airs nationally from 12-3 while I was getting lunch. The NY SUN (re-established 2004) leads and ends with a call for fundraising for the Libby Legal Defense fund.

This was mentioned on the radio as an article it really is a editorial.

Read and enjoy.

Fitzgerald's appointment is unconstitutional!!!

http://www.nysun.com/article/28149?page_no=1

Yesterday, a federal court filing by Mr. Libby's team before Judge Reggie Walton raised another good reason in Mr. Libby's favor - the appointments clause of the Constitution. It was a well-crafted, and by our lights, persuasive shot across the bow of the prosecutor. The motion to dismiss filed yesterday signaled that Mr. Libby is on offense, prepared to fight the constitutional issues in this case all the way to the Supreme Court. The argument is that the indictment should be dismissed "on the ground that it was obtained, approved and signed by an official - Special Counsel Patrick Fitzgerald - who was appointed and exercised his powers in violation of the appointments clause of the Constitution."


The appointments clause, in other words, divides up the executive branch into principal officers - who require Senate approval - and "inferior officers," who do not. Mr. Fitzgerald was not confirmed by the Senate as a principal officer, so he isn't one. But he is not accountable to the attorney general or to any other Justice Department official, so he isn't an inferior officer, either. He is, not to put too fine a point on it, an illegal, extra-constitutional prosecutor.

This first defense is no mere pettifogging. Separated powers is American bedrock. A prosecutor who respected it would have stopped this case a long time ago. And this defense is a line of argument on which Justice Scalia and Senator Levin and Alexander Hamilton and Roger Sherman and Scooter Libby - and we, too - can agree. Here's hoping that Judge Walton sees the logic to this reasoning but that, if he does not, Mr. Libby has the resources to press this case all the way to the Roberts-Scalia-Thomas-Alito court. He may win his own exoneration, but more importantly he protects all of us from the damage that can be wrought by those "flatterers and pretenders" who, as Sherman put it, "wish to extend the powers of the executive to increase their own importance."

HOW TO GIVE

Libby Legal Defense Trust
2100 M Street, N.W.
Suite 170-362
Washington, D.C. 20037-1233

Or

www.scooterlibby.com

the lack of limits on Executive power.

Something like that.

just throw everything out there in the hope the judge agrees. I don't think this is a desperation measure. I'm more worried about him establishing that there was no underlying crime even though we all know there was one.

I thought I read that but I'm not sure. :shrug:

as far as this case is concerned.

All the federal judges that reviewed the case when Miller and Cooper were appealing their cases noted that there was a serious issues involved. But that is not what Scooter is facing.

unconstitutional pursuit of Clinton?

:yourock:

should demand that Starr pay back the money.

See they even cited the non binding public opinion program Federalist Papers!!!

It certainly wasn't truly "random" as it is said to be as Chris Deliso has noted in studying how Walton's been assigned to Libby's case and all of Sibel Edmond's federal court cases...

country.

I weep for what these idiots have done. This country may not survive these "asspickles"

Do you agree that this is unconstitutional too?

far from it. As noted above Defense Lawyers try all kinds of these kind of maneuvers and they always fail. Also as noted above this is mostly being used so that when everything is over RW'ers will have a obscure talking point that no one will know how to counter because it is so ridiculous.

As in "you know that Fitzgerald guy wasn't legally appointed..."

I hope to God this does not go to the Supreme Court... I just got a very sinking feeling reading this thread, because I assumed you agreed with Libby's Defense.

Sorry Underpants!

thinking it was a life preserver. And Fitzy just got tossed into the briar patch!

:popcorn:

:sarcasm:

I remember first hearing about it driving home listening to Hannity-I don't do that anymore.

I thought "Did he just say the New York SUN??? What the hell is that??" So I looked it up. The Sun went out of business in the 50's and some RW'er bought the name and restarted it completely as another quotable source for the RW noise machine. I don't read it much but after reading THIS I may revisit that decision. This is really funny.

his authority to Cheney to declassify and release classified info and authorize the military to shoot down civilian airliners. Libby of all people should understand that. His argument is so September 10. ;)

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