Think Progress

Libby argues Fitzgerald’s appointment was illegal.

“In a court filing, lawyers for I. Lewis “Scooter” Libby said the indictment violates the Constitution because Special Counsel Patrick Fitzgerald was not appointed by the president with the consent of the Senate.”



62 Responses to “Libby argues Fitzgerald’s appointment was illegal.”

  1. Spudge_Boy says:

    I love it, they don’t have the proof that he is innocent, so they are going with technicality.

    I “misremember” if this is a real defense.


  2. afterthought says:

    I really doubt they screwed up the appointment,
    but it will be interesting to see where this
    goes. I really expect that Mr. Fitzgerald looked
    into this before taking the job, but remember
    defense counsel is paid to try anything to
    help the client.


  3. Marie says:

    So typical — when you have no defense, go after your opponent.


  4. yellodog says:

    This is the kind of information a $5 million dollar legal defense fund will get you. It’s just amazing that during the entire investigation leading up to the indictment, that this wasn’t brought up even once.


  5. Keith H. says:

    Didn’t Scootie work in the White House?
    There’s no indicting people that work in the White House!!!


  6. Zookeeper says:

    Why did Scooter wait so long to do this? Getting worried, is he? Whiny-Assed-Titty-Baby.


  7. Insurgents Laughing at Bush says:

    Little
    girls
    having
    sex
    with
    bears


  8. Ajay says:

    Does it mean Clinton’s special counsel was illegal as well as he never appointed one himself?


  9. Sharon Cox says:

    Crap, I bet Cheney’s behind this, he did demand discovery, right.? The slime bag’s all get away with everything. Is Cheney his defence attorney.? One would think he is. Impeach, march, scream to the few good guys left. By the way, how come no one else has been endicted yet.? Fitzpatrick, pick one, any one on the right will do, hell their all guilty according to their voting records…


  10. Insurgents Laughing at Bush says:

    I’m sure Mr. 29% approval had something to do with this.


  11. Angel says:

    I cant wait to see what FDL has to say about this.


  12. Rio de los Ladrones says:

    My, my how the worms squirm…..
    yesterday Libby was so overburdened with the hundreds of pages of work he couldn’t keep up with….. do you think Dick Fudd woulda kept him around if he wasn’t performing up to speed?
    Speaking of the little feller, ain’t seen or heard much of him lately, heard he may have to have a “time out”..
    Way back in 2000, I freaked when Dumbya picked him for a running mate, I wondered “What if Georgie ever became incapacitated, could Duckie handle the stress?”
    Now I’m freaking ’cause I realize the real danger… ‘what happens if Dickie becomes incapacited?’


  13. mr ho says:

    #Crap, I bet Cheney’s behind this, he did demand discovery, right.? The slime bag’s all get away with everything. Is Cheney his defence attorney.? One would think he is. Impeach, march, scream to the few good guys left. By the way, how come no one else has been endicted yet.? Fitzpatrick, pick one, any one on the right will do, hell their all guilty according to their voting records…

    Comment by Sharon Cox — February 23, 2006 @ 5:40 pm

    Naw Addington is Cheneys main man, Hes probably behind this Legal Move as Well.


  14. mr ho says:

    Those constitutional and statutory provisions have been violated in this case,” Libby’s lawyers wrote.

    Funny that BUSH calls it a GD piece of paper, then they want to use that GD piece of paper.


  15. mr ho says:

    What part of the constitution, specifically, are they talking of?


  16. TonyC says:

    Wait! Isn’t Cheney the one who refused to reveal the identity of all parties involved in the energy policy meetings?

    So much for full disclosure….


  17. Hot Tip! says:

    Does Mr Fitzgerald Know about this?


  18. Clif says:

    Bush did not pick Cheney, Cheney picked Bush to front for him. Because even he realised the american people are not STUPID enough to elect him. Why do you think Bush gets so many vacations, to get the little wimp out of Dicks way, so Dick didn’t have to pepper him too.


  19. calif4nian says:

    Smells like desperation.


  20. JIMBO says:

    Fitzgerald must be laughing out loudly right now. Scooter upset that Fitzgerald was appointed not by the most stupidest man in the whole damn solar system.

    Who really wants to believe the word of a guy who likes to fantasize about having sex with bears, or is it having sex with underage girls, or is it bears having sex with underaged girls.


  21. S.D. says:

    Big Brass Ones…


  22. Badmoodman says:

    I’m surprised they didn’t wait to stealthily file this on Friday around 5 p.m. and bury it the weekend news cycle.


  23. Jeffrey Stewart says:

    NOW that crowd wants to obey the Constitution? Now, after shredding it and wiping with it. NOW they want it followed? Geez!


  24. Pete Bogs says:

    shoe’s on the other foot now, eh? Congress didn’t get presidential approval? he’s not exactly been getting their approval for things… and he’d never approve anything like that…


  25. wisedup says:

    I can’t comment on this because I classified it myself,and if I commented on it I would have to kill myself.
    You can use this scoot!…lolol.


  26. SKdeA says:

    It was bears, having sex with underage girls. Worst novelist ever, so I don’t see why they think we’ll buy this storyline.


  27. Mark says:

    So its not like Libby wants to argue that he is innocent or anything, he is just looking to get off because of technicalities.


  28. Clif says:

    Actually he’s just streching the actual trial until it would not be politically inconvienent for Bush to bestow a pardon.


  29. War4Sale says:

    Desperate much, Scooter?

    If there’s one are of expertise for the Bush Administration, it’s illegal activities.


  30. Hot Tip! says:

    Not Wise?
    What good is Knowledge without Wisdom Libby?


  31. Hot Tip! says:

    A word to the Wise, Libby THINKS he is Smart.


  32. pgw says:

    is that the “chewbacca vs. twinkie” defense?


  33. Spudge_Boy says:

    Clif,

    I hooked up a profile on my blog. You can e-mail me from there.


  34. Bluestocking says:

    They’ve got to be kidding…are these folks for real?? Correct me if I’m wrong, but I don’t recall that Kenneth Starr was appointed by President Clinton to investigate Whitewater. What’s good for the goose is good for the gander — to say that the circumstances are different just because they aren’t favorable to their side this time is quite clearly little more than a blatantly partisan attempt to pull a fast one. They must really be grasping at straws to be pulling this schtick.

    The whole point of having an independent prosecutor in the first place is the fact that it simply defies all common sense (never mind the law) to expect that the administration will be impartial when investigating itself for potential wrongdoing. Ashcroft was right to recuse himself and leave the appointment to his deputy. I’m no legal expert, but I don’t see how the fact that neither Ashcroft nor Comey is Attorney General at this time makes Fitzgerald’s appointment any less legitimate — and frankly, given Gonzales’s recent appearance with regard to the NSA wiretapping, I’d have difficulty placing my trut in anyone he might decide to appoint.


  35. Clif says:

  36. Jack Hicks says:

    Scooter, you take this frivilous motion and rub it in your chest. The only relief you’re likely to get is if you give up some more Republicans. Maybe some of those on your legal defense fund. Or your daddy Cheney.


  37. paul says:

    Now Scooter has it in the courts, and could appeal it all the way to the Supremes. Wonder which way they’d vote?


  38. Cyra Brown says:

    Ken Starr was an Independant Prosecutor, Fitzpatrick is an Special Prosecutor. Not the same thing. But Scooter better check himself, if this case is so wrong, then how many other things okayed by this Justice Department are called into question ? Hmmmmm.


  39. Citizen80203 says:

    Damn, I always seem to forget the Yoo Executive Theory of Everything applies, to everything.


  40. Briseadh na Faire says:

    Hey everybody,

    anyone know what happened to this story?

    http://thinkprogress.org/2006/02/23/national-journal-total-information-awareness-stopped-in-name-only

    It was on awhile ago, I posted a comment. Went back to check and the whole story was pulled?


  41. toys says:

    Here’s something about the TIA:

    http://www.dailykos.com/story/2006/2/23/205714/013

    I just finished reading it, looks good.

    Is this the second or third time it has been stopped in name only?


  42. Marie says:

    #34 bluestocking
    good points.


  43. Mary says:

    Did Clinton appoint ken starr and did the congress approve him?libby is a little twerp and I shudder to think that he was trusted with ANY matter of national import.Why can’t we just impeach the whole damn bunch of them now so we can move forward from this point.If there are people who truly believe in the atrocities this administration has commited they need to drink more,drink less or have their medication adjusted.God help us.


  44. Dick Tuck says:

    The upside is he’s wasting all that right wing money on silly legal theories.


  45. JosephW says:

    Shouldn’t Scooter’s lawyers have brought up this “defense” some time ago–say, shortly after Fitzgerald was named?


  46. Flamethrower says:

    Now Scooter has it in the courts, and could appeal it all the way to the Supremes.

    I’m thinking there’re quite a few issues they could take to the top. All you need is money.


  47. Sharon Cox says:

    Me think’s it’s time to flush that huge toilet in washington and get rid of all the sh** heads…..Blessings


  48. Ken in MN says:

    Since when do these clowns care about the Constitution? Too funny!


  49. mim says:

    As I remember, GWB has made an enormous number of recess appointments, without Senate approval, most notably John Bolton. Is Libby saying that all of them are illegitimate?

    The reason for both independent prosecutors and special prosecutors is so that we don’t have another Saturday night massacre–remember Watergate? So are Libby’s lawyers going to argue, on constitutional grounds, that a prosecutor should be at the mercy of the defendant? Not even the Mafia has ever tried tried that tactic AFAIK.


  50. Jackie Rawlings says:

    Let me see if I have this right. Bush said Fitzgerald was doing his job, Ashcroff said Fitz was a good Special Counsel and Gonzo well he just followes orders. Now the little soldier Libby is saying Fitz wasn’t appointed by Bush. After two years thats it. Libby can’t remember anything but he wants Fitz out. Bush signed and approved the appointment, Congress ok’ed it so where is the problem.
    Or is it that the little soldier is guilty and wasting the courts time. Libby needs new lawyers. Now I have an idea for the Bush Administration. Next time buy all the judges and special proscutors to fix the corruption cases. Look they brought news journalist, Chris Matthews, Katie Couric and Tim Russert. Bob Woodward, Judith Miller and Novak among others. Channels 7,2 and 4 are told what to report by the Bush Administration. The terrortist don’t have to use planes anymore they own the ports. Bush is selling the Unitied States for a price while Americans watch. Anybody remember the indians and who we stole their land well what goes around comes around. We have to get use to long while robes and learn Arabic.


  51. Washington Syndrome says:

    Have They No Shame?…

    Some sings of desperation, via Think Progress: Lawyers for Vice President Cheney’s former top aide asked a federal judge Thursday to dismiss his indictment because the special prosecutor in the case lacked authority to bring the charges. In a court……


  52. Cyra Brown says:

    Rules, shmooles. I can remember when he didn’t care to much about what was or was not legal, when it came to HIS actions. Sorry, pal. You blew it. Way to late to whine about it now. Although that surely won’t stop you.


  53. the fly-man says:

    The President should spare us all the grief and hard work and just PARDON LEAKY’S ASS Right NOW. This is desperate and goes to show how big og brass balls his legal team has. Iraq will be a thing of beauty by the time his sorry ass gets a trial. FDL has a great thing going with Glenn Greewald trying to get Kansas voters to put some heat on their 2 Senators about the NSA thing. Check it out. http://glenngreenwald.blogspot.com/2006/02/nsa-scandal-and-portgate-perfect-match.html#links


  54. Yachts and Lattes says:

    In a related story, Saddam Hussein continues to challenge the legitmacy of the court in which he is being tried…


  55. mim says:

    I’m not surprised at all at the news of the expected pardon; the only thing I’m mildly surprised at is the brazenness of its timing. W’s father, at least, waited until Christmas Eve to pardon all the people in Iran-Contra except for Reagan and himself.


  56. mim says:

    Mea culpa! I did what annoys me when other people do it; I commented on something before reading it. :( But I still believe that a pardon is in the works, if not now, then some time during W’s presidency. Unfortunately for Libby and the rest, Thanksgiving is the next time when the people are sure to be sufficiently distracted. Unless some new calamity happens which W lets happen on purpose–perhaps a second terror attack by way of the port situation?


  57. Randy says:

    #43

    You are missing the point here. Ken Starr was not appointed by Clinton as Fitzgerald was not appointed by Bush. The difference in the Libby case is that while Starr was appointed by Janet Reno, Fitzgerald was not appointed by Ashcroft and to fulfill his duties as a special prosecutor, needed confirmation by the Senate, which he did not receive. That is the reason why this worthless case will either be thrown immediately out of court or be decided by the Supreme Court if necessary. So Fitzmas will be cancelled after all. Sorry to be such a grinch!


  58. Jackie Rawlings says:

    Randy please do more home work before you let a guilty man go free. Ashcroft had Cromey as tempory Attorney General. Now Fitzgerald went throught all the procedures to clear that position. Ashcroft came back stated on TV that he approved and like the choice of Patrick Fitzgerald. Bush was asked about Fitzgerald and he stated he was a good Special Prosecutor let him do his job. Now you say our President didn’t know, nor did Ashcroft know, nor the Senate are you saying that all those educated leaders don’t know the law. Or is it because Libby has no way out of the lies and will be found guilty. Please if you want to help him just let him plea guilty then let Bush pardon him for all past and future crimes. His record will be clean and even come back to his two jobs at the white house. Ford did it for Nixon. But to say Fitz wasn’t appointed correctly will open up all appointments done by the white house. Thats not good for all the corruption thats been done. As a true little soldier its better to let Libby take the fall for Rove/Cheney/Bush. Remember the Nixon plan ” protect the President and his criminal acts”. I’m sure the GOP will honor the loyality of Libby for saving his friends for prison and another impeachment of George W. Bush. And your not a grinch but your just trying hard as all Bush supporters to fit a circle into a square even when it doesn’t fit.


  59. Progressaurus Rex says:

    APRIL FIRST IS IMPEACH THE FOOL DAY …
    get out and get heard, plan a rally or a march, put signs in your yard and on your car…

    IMPEACH THE FOOL ON APRIL FOOL’S DAY!

    a day of protest and civil disobedience

    pass it on!


  60. Laughin At You says:

    Look at y’all…you use the courts to formulate every law in the books, and when Libby uses the courts for his defense, you scream bloody murder.

    What a bunch of titty assed whiny babies.

    Fitz screwed up . He never subpoenead sworn testimony from any CIA officials during his investigation, he didn’t know how in the hell to conduct a proper investigation, because he was rushed into place and never vetted himself, he is a sham investigator, and his entire case is a house of cards, built on nithing but allegations.


  61. big papa says:

    Comment by Laughin At You #60

    …here’s laughin at YOU…

    TRAITOR!

    …see you in the bread line…

    …al Cracker Bushite inbreds…

    …sh*t even God didn’t make…


  62. Cyra Brown says:

    By the way, Ashcroft had to recuse himself from the Plame case, because of a conflict of interest. He appointed Comey to choose the Special Prosecutor. Ashcroft resisted the calls for him to recuse himself, because of his close ties to Karl Rove, and it took several months to make him do so. Perhaps that explains why Bushco was so cocky about the investigation. They knew Ashcroft wouldn’t “find anything amiss”. But as we all know, “sh*t happens”, but this time, it happened to THEM!!



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