Friday, April 28, 2006

Judge Walton - Reason is on the line for you.

Clarice Feldman provides a clear analysis of the logical errors rampant in Judge Reggie Walton's opinion rejecting the TeamLibby Motion to Dismiss. I'm just guessing but I don't think that Clarice intends to go back into practice in DC any time soon.

From a non-lawyer standpoint, I found Judge Walton's opinion understandable and without the obvious political slant that stained Judge Tatel's opinion in the Miller case. I thought his holding Morrison as being definitive and overriding Edmond to be ludicrous, although he is careful to state that no 'bright line' exists concerning SCOTUS debutante with regard to the superior versus inferior officer argument.

I hope that interlocutory appeal is allowable and that this opinion is reviewed prior to Fitz's Folly proceeding. This case (particularly Fitz's behavior as a prosecutor) is not strengthening my opinion of our justice system.


cf said...

Thank you, Rick!

Syl said...

Good article. Again, Clarice.

I, personally, and not a lawyer or a judge or anything close, don't have negative vibes re Walton. I think this opinion was expected. I hope, too, that this can go on expedited appeal.

I still think Libby's speaking style has baffled investigators and fitz (who even speaks of Libby's notes as heiroglyphics).

brylun said...

Final legal decisions on major constitutional issues such as this are rarely made by trial courts.

Knucklehead said...

The decision does seem a bit, ummm, strained. I would have been very surprised, however, if that motion for dismissal had been granted. I think Libby is doomed to suffer this silliness a while longer and Fitz is doomed to be lose and be shown to be a bit, ohh, what's the word? Overzealous? Is that it? Nah, that doesn't quite fit. I'll think of it, gimme time.