Judge Won't Dismiss Case Against Libby

A US judge refused to throw out a perjury case against former White House powerbroker I. Lewis 'Scooter' Libby, seen here in February 2006, arising from a scandal over a CIA spy's blown cover.(AFP/Getty Images/File)

OH MY! Looks like Scooter Libby is having a bad day. This is off Yahoo News:

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.

"There was no wholesale abdication of the attorney general's duty to direct and supervise litigation," he wrote.

Then-Attorney General John Ashcroft had recused himself from the investigation because of his White House contacts. James Comey, who was deputy attorney general at the time, appointed Fitzgerald, giving him wide berth to conduct the investigation into who leaked the identity of CIA officer Valerie Plame to reporters in 2003.

"This case provides the clearest example of why such broad discretion is necessary," Walton wrote. "Here, the attorney general believed there was a conflict of interest ... It was, therefore, entirely appropriate for the attorney general to remove himself completely from the investigation."

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.

See ya in court Scooter.