WASHINGTON: A dozen prominent law professors are questioning whether Special Counsel Patrick Fitzgerald had been constitutionally appointed for the CIA leak trial that this week sentenced Vice President Dick Cheney's former top aide to prison.
The push comes as I. Lewis "Scooter" Libby's lawyers, who are making the same argument, prepare to appeal his 2 1/2-year sentence.
The push comes as I. Lewis "Scooter" Libby's lawyers, who are making the same argument, prepare to appeal his 2 1/2-year sentence.
"The constitutional issue to be raised on appeal is substantial," conservative Robert Bork, liberal Alan Dershowitz and 10 other professors wrote in their nine-page brief, filed Thursday at U.S. District Court in the District of Columbia.
"To our knowledge, the special counsel appears to occupy virtually a 'class of one' in the history of special prosecutors," the professors wrote.
The professors argue Fitzgerald may have been given too much power, with too little accountability, since he was not appointed by the president or approved by the Senate. Moreover, they say, Fitzgerald was exempted from complying with Justice Department policies even though he was appointed by the attorney general.
The professors argue Fitzgerald may have been given too much power, with too little accountability, since he was not appointed by the president or approved by the Senate. Moreover, they say, Fitzgerald was exempted from complying with Justice Department policies even though he was appointed by the attorney general.
The law professors need to revisit former Deputy Attorney General James Comey's August 12, 2005 memo to then Assistant Deputy General David Margolis (see above memo) concerning Fitzgerald. Oh, and, at that time, then and former Attorney General John Ashcroft recused himself from the CIA Leak case and gave authority to Comey.
2 comments:
Bork has no credibility and Dershowitz (can't spell that without looking) is just a self-promoter. He should just change his name to Alan Dershowbiz. It's more fitting.
LOL! Dork and Dershowbiz are simply getting their 15 minutes of fame in the spotlight (must not getting enough in their paycheck from their daytime jobs) and on the "free Scooter" lovefest. It is very tiresome from the defense team to keep going on and on about how Fitzgerald wasn't properly appointed as Special Prosecutor and their constant questioning of his authority in the leak investigation. The two nimrod law professors need to question why the current AG delegated and authorized power to lower level aides to hire and fire USAs when the decision making like that should have been to his now former DAG Paul McNulty. The law professors need a check up from the neck up.
Post a Comment