Judge Refuses To Dismiss Case Against Libby.

Source: Houston Chronicle

This can be summed up pretty quickly:

Libby's team of lawyers: Fitzgerald isn't doing his job, blah, blah, he should get permission from President Bush and the Senate for every little move he makes, blah, blah, dismiss the case now.

Judge Walton: STFU and GBTW. ("Shut the fuck up and go back to work," for those who don't speak internet shorthand.)

You know, if the White House was so worried about the outcome of the Plame leak investigation, then they should have kept Ashcroft from stepping down. If you're going to appoint Fitzgerald, then damn it, let the man do his job.

Besides...the longer this case takes, the higher "Shit Creek" rises around the White House. With scandals popping up everywhere almost on a daily basis, I'm sure Fitzgerald might be waiting until something comes out that he can use (it's only a matter of time, at this rate).

WASHINGTON -- 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 one-time 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.

Walton said there must be a way to appoint special prosecutors to ensure that "the perception of fairness withstands the scrutiny of the American public" when high-level government officials are investigated for alleged wrongdoing.

The judge concluded that Fitzgerald's powers are limited because he can be removed by the Justice Department. Walton also said Fitzgerald's authority will expire when the CIA leak investigation and resulting prosecutions are concluded.

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