27 Mar 2006

Fitzgerald’s Record and Libby’s Motion to Dismiss

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Clarice Feldman has a new article on American Thinker, in which she demonstrates a pattern of protecting the reputation of Patrick Fitzgerald by such representatives of the establishment media as the Los Angeles Times and the Washington Post.

Ms. Feldman also reviews the arguments in Lewis Libby’s Motion to Dismiss identifying the core argument:

The decision whether to continue the Special Counsel’s investigation long after the acts regarding the disclosure of Ms. Plame’s occupation were established required a careful balancing of the interests. On the one hand, there is a law enforcement interest in investigating potential false-statement and perjury offenses. On the other hand, there is a public interest in avoiding confrontations that Mr. Fitzgerald’s investigation and prosecution continue to entail. There is also a public interest in avoiding continued distraction of our nation’s highest officials well after it has become apparent that the alleged crime that was the intended focus of the investigation did not in fact occur. Those competing interests should have been weighed by properly appointed principal officers of the United States. Because the Special Counsel was given the power to operate without any supervision of direction in contravention of the Appointments Clause, that did not happen in this case.

On which basis, she concludes:

I think that Libby has made a persuasive hard-to-answer argument that the Prosecutor was improperly appointed and granted powers in a way that violates the Statute and the Constitution, and that the indictment should be dismissed.


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