Early on in this case I described the Libby challenge to the constitutionality of the extra-statutory appointment of Fitzgerald. Now a number of prominent legal scholars have joined in on his side  of the issue. They are doing so as the Judge must decide if Libby's appellate issues pose significant possibility of success to allow him to remain free pending his appeal.  AP via SFGate.com: A dozen prominent law professors are questioning whether Special Counsel Patrick Fitzgerald had constitutional authority in the CIA leak trial that this week sentenced former White House aide I. Lewis "Scooter" Libby to prison.The push comes as Libby's lawyers, who are making the same argument, prepare to appeal his 2 1/2-year sentence."The constitutional issue to be raised on appeal is substantial," conservative Robert Bork, liberal Alan Dershowitz and 10 other professors wrote in their nine-page brief, filed Thursday at U.S. District Court in the District of...(Read Full Post)