Yesterday Scooter Libby's Counsel filed a motion to dismiss. There has been a lot of bad reporting on what the motion argues. The New York Sun, however, does a good job explaining what I think is a solid argument for dismissal: Yesterday, a federal court filing by Mr. Libby's team before Judge Reggie Walton raised another good reason in Mr. Libby's favor — the appointments clause of the Constitution. It was a well—crafted, and by our lights, persuasive shot across the bow of the prosecutor. The motion to dismiss filed yesterday signaled that Mr. Libby is on offense, prepared to fight the constitutional issues in this case all the way to the Supreme Court. The argument is that the indictment should be dismissed "on the ground that it was obtained, approved and signed by an official — Special Counsel Patrick Fitzgerald — who was appointed and exercised his powers in violation of the appointments clause of the Constitution."The appointments clause resides in...(Read Full Post)