Merry Fitz-less!

It would appear that Mr. Fitzgerald’s investigation, and therefore the indictment of Mr. Libby was unconstitutional. Here’s an excerpt:



Libby’s First Defense 


New York Sun Editorial
February 24, 2006

 …Yesterday, a federal court filing by Mr. Libby’s team before Judge Reggie Walton raised another good reason in Mr. Libby’s favor – the appointments clause of the Constitution. It was a well-crafted, and by our lights, persuasive shot across the bow of the prosecutor. The motion to dismiss filed yesterday signaled that Mr. Libby is on offense, prepared to fight the constitutional issues in this case all the way to the Supreme Court. The argument is that the indictment should be dismissed “on the ground that it was obtained, approved and signed by an official – Special Counsel Patrick Fitzgerald – who was appointed and exercised his powers in violation of the appointments clause of the Constitution.”

The appointments clause resides in Article II of the Constitution, which enumerates the powers of the president. It says the president “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

The appointments clause, in other words, divides up the executive branch into principal officers – who require Senate approval – and “inferior officers,” who do not. Mr. Fitzgerald was not confirmed by the Senate as a principal officer, so he isn’t one. But he is not accountable to the attorney general or to any other Justice Department official, so he isn’t an inferior officer, either. He is, not to put too fine a point on it, an illegal, extra-constitutional prosecutor.  …

You may read the entire article via the link above.  

HT: Rush

Could it be that that pesky Constitution pisses in the lib’s Cheerios again?


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