(crossposted from MLW)
I. Scooter Libby's motion to dismiss the criminal indictment against him for perjury and lying to the FBI was denied this morning by Judge Walton of the District Court of the District of Columbia. Libby argued that the authority granted by the Attorney General to Fitzgerald to investigate and prosecute crimes relating to the leak of Valerie Plame's identity vioated the requirement that the Attorney General "supervise and direct" all litigation to which the US is a party, and further argued that the Fitzgerald's appointment by the Attorney General violated the Appointments Clause of the Constitution which requires an appointment of certain officers of the government to be made by the President.
Libby was almost laughed out of court. The judge concluded his opinion as follows:
"The integrity of the rule of law, which is the core ingredient of the American system of govenment, is challenged to the greatest degree when high level government officials come under suspicion for violating the law. And a criminal investigation of any individual, prominent or not, for suspected violation of the law must be above reproach to preserve respect for the fairness of our system of justice. There must therefore be a process by which the perception of fairness withstands the scrutiny of the American public when prosecution authority is called upon to investigate public officials."
I guess that Judge Walton is not in the administration's back pocket. Hurray for an independent judiciary.
I wonder if the time is ripe for Libby to cut a deal and throw Cheney under a bus???? Let's hope so.