okay — the set-up here, is that
a gaggle (that’s an even dozen, in
non-legal parlance!) of law professors
just got paid a pile to have asked
to weigh-in on scooter libby’s pending
motion for bail, while his appeals are
handled by the courts. . .
and, of course — the aim is to suggest
that it is a “close question” as to whether
judge walton’s ruling — sustaining patrick
fitzgerald’s authority under the independent
counsel statutes, was correct. . .
forget the “all the grand-standing
big academics love” facets
money can buy
to this motion — and simply focus on that clearly-
well-grounded, solid and street-wise judge — reggie walton.
he accepts their amicus motion, but drops a very
clever — and worldly — footnote, to his order. . .
[for dramatic effect, i have reversed the order,
setting his signature below the stellar footnote; in
the actual paper-version, the signature appears
above the footnote — but these gems are so
rare — this one simply must be seen, front
and center] click to enlarge:
so — what judge walton just said was that he
will expect to be able to call these esteemed
men of the law, for in-depth, well-researched,
and nearly-instant, guidance — in the future,
for truly penniless accused defendants of no
notoriety. . . and, he will expect similar
excellent use of snark, judge walton!
i am in awe. and i am disgusted that
these professors want to make scalia’s
dissent (i.e. not binding law) the basis
for the assertion of a “close question“. . .
arguing for the change of existing
law is not the same as presenting a close,
or conflicting set of cases, under unsettled
law. . . scalia’s dissent in morrison has
no effect whatsover as law. nor does this
largely spurrious amicus motion, drawn with all
resources of the r.n.c./scooter legal accumen
libby defense fund could buy
mustered by these wise-old-graybeards.
here endeth my rant.
oh yeah — the motion’s caption,
and the professors’ names:
MOTION FOR LEAVE TO FILE BRIEF
AS AMICI CURIAE AND BRIEF OF LAW
PROFESSORS VIKRAM AMAR, RANDY E.
BARNETT, ROBERT H. BORK, ALAN M.
DERSHOWITZ, VIET D. DINH, DOUGLAS W.
KMIEC, GARY S. LAWSON, EARL M. MALTZ,
THOMAS W. MERRILL, ROBERT F. NAGEL,
RICHARD D. PARKER, AND ROBERT J.
PUSHAW AS AMICI CURIAE IN CONNECTION
WITH DEFENDANT’S MOTION FOR BAIL PENDING APPEAL