Lawyers Make Final Plea To Save Libby From Jail

[sabra]

Source: NYSun

Lawyers for a former White House aide facing 2 1/2 years in prison, I. Lewis Libby Jr., have made their final written plea to a federal appeals court panel, which could save him from having to begin his sentence in the coming weeks.

In a brief made public yesterday, Libby's attorneys press their argument that the broad authority that Justice Department officials granted to the special prosecutor, Patrick Fitzgerald, violated the Constitution's requirement that principal officers in the executive branch be nominated by the president and confirmed by the Senate.

"Neither Judge Walton nor the Special Counsel have explained how the after-the-fact, all-or-nothing power to remove, unless coupled with the right to be informed, could constitute ‘direction and supervision,'" the defense lawyers wrote, responding to arguments that Mr. Fitzgerald was subject to being fired at any time by a top Justice Department official. "If Special Counsel Fitzgerald was removable at all, it was by someone who would never learn important details of what he was doing in the first place."

A jury convicted Libby in March on charges of obstruction of justice, perjury, and lying to the FBI during an investigation into leaks of the identity of a CIA operative, Valerie Plame.

Read more: http://www.nysun.com/article/57370

[LiberalEsto]

1. Boohoo, boohoo

poor widdle Wibby

[Acadia Blue]

12. Oh poor little Scooter! He was just protecting old uncle Dick.

[MNDemNY]

2. Lock him up, NOW.

Or not if he tells all. (fat chance) The pardon will save him.

[Tyler Durden]

3. I'll bet what he spent on defense would feed a village in Uganda for 10 years.

The entire world has gone insane.

[alcibiades_mystery]

4. The principal officer argument is absurd on its face

They are essentially asking the court to believe that a party with a conflicting interest should have day-to-day oversight of the very investigation into its affairs.

Here's what grates on the neo-cons the most: they would have very much liked to have pulled the trigger and simply fired Fitzgerald. They craved that act. But they knew the people wouldn't stand for it, that it would reek of cover-up, which it certainly would have been, in fact. So they couldn't do it, even though they desperately, desperately wanted to. This was a check on their power, the thing they hate the most, and it came from the population, the citizens, the group they hate the most.

They COULD fire Fitzgerald in principle, but they COULD NOT fire Fitzgerald as a matter of politics. So, now they attempt to invert the argument by claiming that they COULD NOT fire Fitzgerald in principle. Needless to say, this is nonsense. What's truly bizarre is that they are arguing that any check on their power - even that accomplished through public opinion - is UNCONSTITUTIONAL.

[Skink]

5. Let's sentence him to be Walton's Butler.

[Kagemusha]

6. Note that this argument says all delegation is unconstitutional.

Because it means any significant power delegated by a confirmed cabinet official to a deputy - say, the power to hire and fire in the Justice Department as devolved to Gonzales' chief of staff, that Monica twit, etc... is unconstitutional since the Senate should confirm any official with such power. So all delegation is unconstitutional.

Which would cripple the executive branch permanently.

[rateyes]

7. Cry me a fucking river! God forbid that a criminal

should be imprisoned! :sarcasm:

[hang a left]

8. If I remember correctly, and I do...

Mr. Boooosh was a subject of the investigation and in fact was interviewed with his lawyer in tow, Sharp, March of 04. As was Ashcroft, Abu, Cheney, ect...

Can't wait to see Fitz' response.

[soothsayer]

9. suck it up! Paris did (eventually)

[kskiska]

14. He could try Paris Hilton's ploy

Claustrophobia.

[Ian David]

10. Scooter Libby Libby Libby's going to jail jail jail! n/t

[cureautismnow]

11. Tick, Tick, Tick...

His cell is waiting patiently for it to be graced by his presence. Anon, it will be Goodnight, Vienna.

[Mind_your_head]

13. Ah, who the hell cares. Scooter's a convicted felon eom

[pinniped]

15. Don't be a girlie-man. This is what happens when you associate with sociopaths and psychopaths.

..