Scooter Loses A "Hail Mary"

by Steve

Well, another move by the Scooter Libby defense team careened into the wall today, when Judge Reggie Walton denied Team Libby’s request for dismissal, which they had based on their claim that Special Counsel Patrick Fitzgerald didn’t have the authority to pursue the case.

A federal judge refused Thursday to dismiss charges against I. Lewis "Scooter" Libby, the former top White House aide who was indicted on perjury and obstruction charges last year in the CIA leak scandal.

In a 31-page opinion, U.S. District Judge Reggie B. Walton turned down a motion by lawyers for Vice President Dick Cheney's onetime top assistant, who challenged the authority of Special Counsel Patrick Fitzgerald to handle the case.

Libby's lawyers had argued that Fitzgerald was given too much power — more than the attorney general — and that the appointment should have been made by the president with the Senate's approval.

Walton said Thursday he did not need to "look far" in the law to reject the claim by Libby's defense team. The judge said there is no question the attorney general can delegate any of his functions.

Gee, I hope Scooter isn’t paying top dollar for these guys.

Meanwhile, Faiz over at ThinkProgress points out a flaw in Rove's defense.