A note about Gonzo's testimony about Fitz.

<--Click here. This is Fitz's filing in 2006 regarding Libby's indictment. Fitzgerald responded to the Defense's claim for dismissal and about Fitzgerald's job as Special Prosecutor:

Some of the excerpts from Fitz's filing:

The defendant has moved “to dismiss the indictment on the ground that it was obtained, approved, and signed by an official – Special Counsel Patrick J. Fitzgerald – who was appointed and exercised his powers in violation of the Appointments Clause of the Constitution and applicable federal statutes.” Def. Mot. at 1.1 The defendant’s motion is based on faulty factual and legal premises and is without merit.

Special Counsel Fitzgerald’s exercise of delegated authority was, and is, in conformity with the statutes under which the acting Attorney General made the delegation and the Appointments Clause.

Acting Attorney General Comey was under no obligation to appoint an outside Special Counsel pursuant to Department of Justice regulations. In order to ensure that the investigation proceeded apace, Acting Attorney General Comey opted to delegate to an official within the Department of Justice, but from outside of Washington, namely, the United States Attorney for the Northern District of Illinois, an officer of the Department previously appointed by the President with the advice and consent of the Senate. Thus, the Acting Attorney General’s action vesting United States Attorney Fitzgerald with authority to conduct the investigation as Special Counsel was a proper delegation of authority to an existing subordinate officer rather than a formal appointment of a new officer implicating the Appointments Clause.

ARGUMENT

The Special Counsel’s Exercise of Delegated Authority is in Conformity with the Statutes Authorizing the Attorney General to Delegate His Functions and the Appointments Clause of Article II.

II. The Delegation to the Special Counsel Conforms with Both Applicable Statutory Provisions and the Appointments Clause.

A. The Delegation to the Special Counsel.

And it is interesting the Gonzo praises Fitzgerald as an outstanding prosecutor yet has no knowledge of Fitzgerald's evaluation according to Sampson's testimony with the Senate committee a few weeks ago and no clue to Libby's defense team challenging Fitzgerald's job as Special Prosecutor for the CIA Leak Investigation.

Here is Fitz's filing.