Magnificent Judicial Snark
A footnote from Judge Reggie Walton's order granting the application of several law professors to file a friend of the court (amicus curiae) brief on Scooter Libby's motion to stay out of prison pending appeal:
Lewis "Scooter" Libby, of course, is the aide to Vice-President Cheney who was convicted of lying to the grand jury investigating the leaking of the identity of Valerie Plame, wife of a critic of the intelligence used to justify the Iraq War. It's pretty clear that there was no underlying crime, and Libby, although he may have not told the truth (and if so, committed a crime), is the chosen victim in a political-legal drama.
The issue is whether there is enough chance for Libby to prevail on appeal to justify postponing his starting his 30-month prison term. The professors argue that there is enough of a legal question as to whether the appointment of the Special Prosecutor, Patrick Fitzgerald, was constitutional, to create a real possibility of reversal.
What's really going on is that there's a likelihood that President Bush will pardon Libby, but he's more likely to do so in the closing days of his administration than now. Thus Libby's supporters want a delay in the start of his prison term.
The judge's snark, in any case, is both unusual and powerful.
It is an impressive show of public service when twelve prominent and distinguished current and former law professors of well-respected schools are able to amass their collective wisdom in the course of only several days to provide their legal expertise to the Court on behalf of a criminal defendant. The Court trusts that this is a reflection of these eminent academics' willingness in the future to step to the plate and provide like assistance in cases involving any of the numerous litigants, both in this Court and throughout the courts of our nation, who lack the financial means to fully and properly articulate the merits of their legal positions even in instances where failure to do so could result in monetary penalties, incarceration, or worse. The Court will certainly not hesitate to call for such assistance from these luminaries, as necessary in the interests of justice and equity, whenever similar questions arise in the cases that come before it.HT: Daniel Larison
Lewis "Scooter" Libby, of course, is the aide to Vice-President Cheney who was convicted of lying to the grand jury investigating the leaking of the identity of Valerie Plame, wife of a critic of the intelligence used to justify the Iraq War. It's pretty clear that there was no underlying crime, and Libby, although he may have not told the truth (and if so, committed a crime), is the chosen victim in a political-legal drama.
The issue is whether there is enough chance for Libby to prevail on appeal to justify postponing his starting his 30-month prison term. The professors argue that there is enough of a legal question as to whether the appointment of the Special Prosecutor, Patrick Fitzgerald, was constitutional, to create a real possibility of reversal.
What's really going on is that there's a likelihood that President Bush will pardon Libby, but he's more likely to do so in the closing days of his administration than now. Thus Libby's supporters want a delay in the start of his prison term.
The judge's snark, in any case, is both unusual and powerful.
Labels: constitutional law, special prosecutor
posted by Grumpy Old Man | 9:05 PM
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