Judge Won't Dismiss Case Against Libby (Fitzgerald appointment)

[ProSense]

Judge Won't Dismiss Case Against Libby

Judge Refuses to Dismiss Indictment Against Former Cheney Aide in CIA Leak Case

By TONI LOCY
The Associated Press

WASHINGTON - A federal judge refused Thursday to dismiss charges against I. Lewis "Scooter" Libby, the former top White House aide who was indicted on perjury and obstruction charges last year in the CIA leak scandal.

In a 31-page opinion, U.S. District Judge Reggie B. Walton turned down a motion by lawyers for Vice President Dick Cheney's one-time top assistant, who challenged the authority of Special Counsel Patrick Fitzgerald to handle the case.

Snip...

Walton said Comey made the legal analysis more difficult by failing to appoint Fitzgerald under Justice Department rules for special prosecutors. As a result, the judge said he had to rely on a series of letters Comey wrote to Fitzgerald outlining the CIA leak investigation.

The judge concluded that Fitzgerald's powers are limited because he can be removed by the Justice Department. Walton also said Fitzgerald's authority will expire when the CIA leak investigation and resulting prosecutions are concluded.

more...

http://abcnews.go.com/Politics/wireStory?id=1898424&CMP=OTC-RSSFeeds0312

[longship]

1. Can you spell, "Constitutional crisis"?

The judge knew better. Regardless of whether Chimp signed off on Fitz his appointment gives him the power of the Attorney General with respect to his powers. That means the in this regard he is the most powerful person in the world.

I don't think the judge wanted to trigger a Constitutional crisis. The repercussions of the Archie Cox firing would have been prominently in his mind.