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. ~Judge Reggie Walton on the amicus brief of Bork, Dershowitz, et al.
The amicus curiae brief itself is quite amusing. We are supposed to believe that these famous law professors bestirred themselves to express their deep, abiding concern about the constitutionality of Patrick Fitzgerald’s appointment as special counsel. You see, even though the previous AG assigned this investigation to him and the AG could remove him at any time for any reason, these esteemed worthies thought it worth everyone’s time to query whether Fitzgerald was an “inferior officer.” Yeah.
Their zealous devotion to the letter of the Constitution is most impressive. One wonders where all this zeal was hiding for the last six years.
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June 10th, 2007 at 9:29 pm
Grumpy Old Man
It’s just that Bush is more likely to pardon Scooter at the end of the term. if there’s a plausible appeal issue, the judge may allow Scooter bail pending appeal.
His political supporters are asking the judge to cut Scooter a break.
It would be interesting to see the judge ask some of the profs to help some less-eminent and less-connected citizen caught up in the snares of a federal criminal prosecution. They’d probably do it, actually.
June 11th, 2007 at 1:13 am
bsebse
Isn’t “that” the whole point - that Deshowitz et al. are spending a lot of time to help their criminal “friend” on a very minor constitutional issue when Bush is trampling all over key provisions?
And in this case the judge did not ask for such an opinion, which is also part of the point being made here. It seems to me that the judge is being a little ironic.
June 11th, 2007 at 5:08 am
Grumpy Old Man
The judge is indeed being brilliantly snarky, even while allowing the brief to be considered, as is the norm in such cases.
I don’t know what the morning line is on whether W is going to pardon Libby, and, if so, when.
June 11th, 2007 at 7:34 am
Grumpy Old Man
One of the signers, Pepperdine’s Douglas Kmiec, according to the WaPo, responded to Judge Walton this way: