Libby Appeal--Challenging Fitz's Appointment

Here's one that's unique:

A dozen legal scholars, including a noted civil libertarian, Alan Dershowitz, are coming to the aid of a convicted White House aide facing a 2 1/2-year prison sentence. The scholars submitted an amicus brief Thursday to Judge Reggie Walton arguing that that there are serious constitutional questions about the legal authority of the special prosecutor who pursued Libby on obstruction of justice, perjury and false statement charges, Patrick Fitzgerald.

"With no supervisor, Special Counsel Fitzgerald is too independent to make his supposed ‘superiors' politically accountable for his actions and it is at the very least a close question whether the mere power of removal does anything to solve the problem," the scholars argued.

The issue is one of those which the defense contends could lead to Libby convictions being overturned on appeal.

The "Special Prosecutor" has always been a controversial slot, and Fitzgerald's handling of this particular case was controversial in and of itself. Perhaps we'll get back to the concept that one AG is enough for the US.