Prosecutor Opposes Libby Motion to Dismiss
20 minutes ago
WASHINGTON - Special Counsel Patrick Fitzgerald on Friday disputed the claim of Vice President Dick Cheney's former top aide that the prosecutor lacks legal authority to indict him in the CIA leak investigation.
Fitzgerald opposed the move of I. Lewis "Scooter" Libby asking a judge to dismiss the five-count indictment against him in the Valerie Plame affair. In court papers, the prosecutor argued that being allowed to operate outside any control of the Justice Department is constitutional and in accordance with federal law.
The prosecutor, who is investigating the disclosure of Plame's CIA undercover status, is not supervised by the Justice Department and he is not required to inform anyone at the department about the investigation's progress.
In a court filing in February, Libby said that only Congress could approve such an arrangement.
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