Libby's lawyers want charges dismissed

[sabra]

http://www.myrtlebeachonline.com/mld/myrtlebeachonline/news/politics/13944096.htm

Libby's lawyers want charges dismissed

Associated Press

WASHINGTON - 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 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.

The defense attorneys also said Fitzgerald's appointment violates federal law because he was not supervised by the attorney general or approved by Congress.

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

[fooj]

1. Screw Libby and his fucking website, too!

Peace.

[stepnw1f]

2. I Bet They Do!

Yippee... Neo-Con boy is gonna fry.

[Ecumenist]

27. Stepnw1f...LOL!!

You said EXACTLY what I said... Great minds think alike!!:rofl: :applause: :rofl:

[stepnw1f]

32. In Fact I thought They (defense attorneys)....

already tried to get this dismissed.... or am I thinking of Delay? Anywho... they are running out of alternatives.

[Ecumenist]

34. So it seems.

It's just a pitiful situation all around. This bunch acts like a bunch out of a high school clique. If it weren't so sad, it's would be hilarious. :cry:
People died because of this craziness. How many assets both both on our side and foreign agents were liquidated because of these idiots? It's fracking ridiculous.... someone needs to pay in a fashion much more serious than finding oneself in jail ironing Lil' Mo's draws.

[Binka]

77. ironing Lil' Mo's draws...ROFLMAO!

I'm stealing it! But you are so right I feel like I am being held hostage by a bunch of narcissistic 15 year olds. BTW I read your post about your mom the other day, my mom passed on the same day in 1995. Keep up your fight! I am an Aquarian too. Welcome to DU sister friend!

[Ecumenist]

78. Thank you so much, Binka!!

You know we aquarians. I speak my mind and do not mince my words. I am fighting these people, both in the illegal administration and that hotel that let my mother die.... I'll pm you the rest. By the way, I'm tickled purple to meet you, too...Girlfriend..:hi:

[no_hypocrisy]

3. And I want President Gore to evict * and Cheney from D.C.

Who's more likely to get his/her/their wish granted?

[rateyes]

38. I want President Gore to extradite * and Dick....

to the Hague!

[MadMaddie]

4. Is Gonzalez behind this?

These crooks will do anything not to get prosecuted!!

[lyonn]

25. Cheney, bush, Rove, the whole State Dept. want it dismissed!!

They darn sure don't want this going to trial and take the chance that weasel Libby might tell all.

[displacedtexan]

5. People in hell want ice water.

That doesn't mean they're gonna get it.

[1monster]

73. Yeah, and my husband wants a sleep over with Dolly Partin... but I don't

think he's gonna get what he wants either. :evilgrin:

[rodeodance]

6. oh for peteys sake!

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.

The defense attorneys also said Fitzgerald's appointment violates federal law because he was not supervised by the attorney general or approved by Congress.

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

[KitchenWitch]

7. Don't most people brought up on charges want them dismissed?

[Botany]

8. Yes and I want a pony, a super model (red head) to

bring me a pizza, make mad love to me, get up and do the dishes,
and paint the living room.

I do think that Libby will walk or get very little time for this if bush stays in power.

[sinkingfeeling]

9. Oh, boo hoo. I want my country back and until your as*hole 'superiors'

obey the Constitution and my rights, who cares about yours?

[Laura PourMeADrink]

10. omg - can they do this? Is it valid - please - NO.....

[Beetwasher]

14. They Will Get Laughed At By The Judge

Don't worry. This motion is idiotic on it's face. Fitz was appointed by the DOJ via the Attorney General's office. The claim is beyond ridiculous.

[cascadiance]

41. Not by Reggie Walton I don't think!

Whether he will dismiss it or not is still an open question. However, I doubt he'd laugh in their faces, as he's been known to arbitrarily dismiss other cases recently when this admin wanted it (aka Sibel Edmonds!)

[rateyes]

39. Only if the judge is on the take....

A prosecutor was investigating a crime! Where are there constitutional provisions against that?

Howyabeen LauraPackYourBags?

[cascadiance]

42. We don't know because Walton's financial history has been redacted...

The public can't currently get to it. Might be on the take... Might not... We don't have much means to find out now.

[rateyes]

68. Welcome to the good old U.S. of A........nt

[Caution]

11. Standard. Every criminal case involves a motion to dismiss early on

every criminal defense lawyer will make the attempt because they might get lucky.

[Skink]

18. Interesting move, bet Fitz didn't think of this.

[cascadiance]

40. Heck others have had luck with Reggie Walton in this fashion...

Look at those that Sibel Edmonds was suing... I guess they can't dismiss this as a "criminal" case due to State Secrets, but they'll come up with some other excuse, and with Walton, who knows! Is his financial history still redacted?

[Beetwasher]

12. LOL!!!

That's a good one! I guess the Attorney General and DOJ just don't count for anything these days. :eyes:

[peacetalksforall]

13. This means they have a promise from the not-so-supreme court

to support the lawyers, i.e., the admin.

[babylonsister]

15. Ha! Grasping at straws, Scoots? nt

[Wrinkle_In_Time]

33. "Scoots": doesn't that describe the motion a dog makes...

... across your carpet when its ass is itchy?

How appropriate! :thumbsup:

[acmejack]

16. The best laugh I have had all day!

Thank you lawyers for Vice President Cheney's former top aide, you will never know how much I appreciate it, because if you did, I am sure you would bill me for it at your usual exorbitant rate, rounded up to the nearest hour (of course).

[rodeodance]

17. recall--(see below)---gee, this is scary.

Fitzgerald was appointed in December 2003 after former Attorney General John Ashcroft recused himself from the investigation because of his close relationships with White House officials. Then-Deputy Attorney General James Comey, acting in Ashcroft's place in the matter, selected Fitzgerald.

[rodeodance]

19. nominate

[The Witch]

20. AND I WANT A PONY.

we can't always get what we want, Scooter... now back to the short bus with you... :dunce: :dunce: dunce:

What?

:shrug:

[ET Awful]

21. Hey Scooter . . . you aren't covered under any stretch of the imagination

by any "executive privilege" protections.

Using your illogical argument, any accused felon could say no charges should be filed against them because the prosecutor wasn't approved by the Senate.

Getting desperate are you?

[Up2Late]

22. And I want the U.S. House of Representatives to Impeach the "pResident"

AND I ASKED FIRST!!!!

Hey Libby!

[Brooklyn Michael]

23. Dear Mr. Federal Judge....

We, the legal representatives for I. Lewis "Scooter" Libby, would like you to dismiss the charges against our client. The special prosecutor in this case was not appointed by the President, so there's a highly increased chance that he actually means to prosecute our client, instead of giving him a slap on the wrist or a position in a conservative DC think-tank. Furthermore, this "special prosecutor" was not rubber-stamped by the Attorney General as someone who would go out of their way not to make anyone - ANYONE - in the White House look bad in any way, shape or form. Oh, and the lap-dogs, by which we mean the Republican-controlled Congress, were not allowed to pick their own paper tiger prosecutor.

Because we're so VERY much concerned with the sanctity of the constitution.....now that our client is being indicted for trashing it.

Sincerely,

A pack of utterly shameless dogs

[InsultComicDog]

24. Firedoglake has some good stuff up

http://firedoglake.blogspot.com/2006_02_19_firedoglake_archive.html#114071523639988460

[OldLeftieLawyer]

26. Relax

That's standard procedure.

No big deal.

Relax.

[tavalon]

75. Relax?

Hell, I've got a stitch in my side from this one. I would love to relax so it would stop hurting. Must stop laughing........

[Ecumenist]

28. Well, as the old saying goes.......

People in hell want a drink of water and a fan.....Doesn't mean they get them. Ain't nothing wrong with wanting.:nopity:

[DoYouEverWonder]

29. Well if Libby is so innocent

why is he afraid to go to trial?

[Nickster]

30. Nice try chucklehead. Enjoy your trial!

[yellowcanine]

31. Hmm. Really scraping the bottom of the barrel with that one. Good luck

there, Scooter.

[LisaLynne]

35. You can't always get what you want.

Just WANTING something doesn't mean you have any right to nor that it will in fact happen. Sorry, Libby, but you've been living in Cheney's world for too long if you think this is going to work.

[The Backlash Cometh]

36. We just gave away 6 ports without the consent of the President and

the Senate! Suck it up Libby. You're toast.

[Vinnie From Indy]

37. This one is easy to answer - billable hours!

This is as routine as it gets with cases like this.

[rosesaylavee]

43. Libby's Lawyers: Fitzgerald not properly appointed

Can you believe this?

http://today.reuters.com/news/newsArticle.aspx?type=topNews&storyID=2006-02-23T224809Z_01_N23177736_RTRUKOC_0_US-BUSH-LEAK.xml&archived=False

WASHINGTON (Reuters) - Lawyers for an aide to Vice President Dick Cheney, who faces perjury charges, asked a judge on Thursday to throw out the case on the grounds that the prosecutor was appointed improperly.

Since both Attorney General Alberto Gonzales and former Attorney General John Ashcroft removed themselves from the investigation because of their close ties to the White House, Special Prosecutor Patrick Fitzgerald reports to David Margolis, a career Justice Department lawyer.

Lawyers for Lewis "Scooter" Libby argued that because Fitzgerald does not report to the attorney general, he should not have been appointed by a deputy at the Justice Department.

"Because he was not appointed to that office by the president with the advice and consent of the Senate, he holds that authority improperly," Libby's lawyers wrote. continued at link.



:eyes: Fitz will eat em up and spit em out.

[Mabus]

44. I think this is covered by the expanded powers during time of war

:rofl:

[rosesaylavee]

45. Oh yeah, righto!

Maybe they forgot about that? :shrug:


:)

[Mabus]

46. They only like to use that excuse when it benefits them

It just sounds like they are a little desperate.

[cenacle]

47. pretty f***ing amazing

first, he's too stressed to remember what he said to whom, now fitz isn't qualified to prosecute the case...next they will be saying Fitz isn't qualified because he's not tall enough...or that libby is innocent because HE SAID SO YOU FUCKING WHINEY LIBERAL KNEEJERK TRAITOR TO AMERICA GOD AND GLORY JIHADISTS!!! oops...no, his lawyers won't let him say that, but i bet he's THINKING it, hehe...

scooter, save your sorry pale ass and rat out everyone in the Bush* crime family, go on, demand total immunity, and an uncharted island far from here, and sing like a canary, won't ya? :evilgrin:

[Skip Intro]

48. what?! Why would an innocent man exhibit such desperation?

I hope this gets shot down fast.

[roguevalley]

49. the judge will never agree. this is absurd. then if someone in the

justice department is told to prosecute me because, say, I was so cute or something <preen, twirl, *pose*), I could say no, some unnamed deity didn't appoint you to prove the obvious about me. Or something.

RV, cutting and pasting and probably inhaling too much glue

[Skip Intro]

56. lol

thanks, I needed to smile...

:D

[TomInTib]

50. If they are reaching this far, Scootie must be in really deep s**t. nt

[MichiganVote]

51. Uh..Oh, sounds like a prima donna is having a temper tantrum

[Patsy Stone]

52. Clearly, Fitzgerald should be blamed

for the Attorneys General's involvement with this and the subsequent required recusations. Makes as much sense as anything else I've heard from these bozos. :crazy:

Go get 'em, Fitz! :loveya:

[LiberalEsto]

54. No, it's still Clinton's fault

somehow

[Patsy Stone]

55. Oh.

I'm so wrong, and you're so right. :)

:loveya:, Bill!

[skooooo]

53. The dog ate my homework too!

[louis-t]

57. He's wrong for the job cuz he cain't be bought!

He's not in bushie's pocket. He's not indebted to Cheney. He's not a Repug contributor. He's not a former lobbyist. He's a fair minded person, therefore the regime must eliminate him.

[rodeodance]

58. a guest on Keith O. just blew this apart.

[SillyGoose]

59. Aaah, I love the smell of desperation in the evening!

The old 'throw a bunch of sh* at the wall and hope something sticks' defense. Hahaha! Desperation is really setting in...I wonder what Fitz has up his sleeve?

:popcorn:

[twaddler01]

60. The argument is targeted Fitzgerald personally

because they know they have no good proof for Libby...

[savemefromdumbya]

61. Fitz should haul in Libby's lawyers for obstruction of justice

and lying

[llmart]

62. Sounds like they're grasping at straws now......

because the proverbial shit is about to hit the fan.

Go get 'em Fitzie!

[Mechatanketra]

63. OK, so, if I'm getting this right ...

... apparently it is now the official position of this administration that the opportunity to use the powers of their office to tamper with criminal investigations against them is, in fact, a prerogative inherent in those offices.

So in about 5 years, the Republicans have moved from swearing to clean up politics to actively defending political corruption as a natural right. :eyes:

Honestly, at this point? To say that their (re)election(s) makes me lose faith in Joe Sixpack is absolutely inadequate — that these people haven't been bodily dragged out of their physical offices by a rioting mob and torn to bloody gibbets like a scene out of a George Romero movie makes me lose faith in Joe Sixpack. As I keep saying to my circle, you can't even call talk of GOP corruption "conspiracy theories" anymore — a conspiracy is a secret plot, while these guys are crooked right out on the record.

[Generic Brad]

64. Then They Are Even

Libby would never have been Cheney's chief of staff if Bush had not improperly been handed the presidency in 2000 and 2004.

[tanyev]

65. Did Ashcroft forget to anoint him with holy oil? Oopsie.

[HuffleClaw]

66. suuuuuuuure

next, they'll claim he isn't a 'real american' or something. these ploys aren't gonna help 'em one little bit and only demonstrate just how guilty libby is.

[warrior1]

67. waaa

[soothsayer]

69. Alot of folks want dumbya's head on a pike, too. If wishes were

hookers, oh what a party we'd have

[Rex]

70. Lacked authority...just like Cheney having NO authority to

release classified info to his right hand man who then releases it to the public. Of course we live in different times now. I expect Libby to get immunity then have the case dismissed.

[0007]

71. Here's looking up your old address baby.

[hholli11]

72. BREAKING FOLLOW UP: People in Hell Want Ice Water. nt

[tavalon]

74. Hahahaha

Good one!

Brought to you by the folks who don't give a flying fuck about the constitution.

If only my irony meter weren't broken..................

[SalmonChantedEvening]

76. Translation: "We got nothing"

Down to desperation, eh Scooter? I smell a Wholly Without Merit ruling in the wings....