A dozen mostly libertarian and conservative legal scholars, including rejected Supreme Court nominee Robert Bork, submitted an amicus brief to Scooter Libby trial Judge Reggie Walton “arguing that that there are serious constitutional questions about the legal authority” of Special Prosecutor Patrick Fitzgerald. Emptywheel highlights this bitingly sarcastic response from Judge Walton:
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.