IN FAIRNESS: WHEN IS A SPECIAL PROSECUTOR NOT SO SPECIAL?

Several visitors here have called into question the legitimacy of the Libby prosecution.

Those visitors now have support from a coterie of accomplished Eastern Seaboard and academic types, of all political stripes.

http://www.law.com/jsp/article.jsp?id=1181293537575

This interesting scenario develops because the special counsel law had sunsetted and Ashcroft had essentially disqualified himself as conflicted.

In such cases it is beyond argument that the court had the inherent power to appoint an attorney to investigate the perjury but it is not at all clear that happened here.

In the court's order, Judge Walton acknowledges the argument is legitimate and will hear more about it.

If nothing else, it might be enough to obtain an appeal bond.

Libby supporters, check it out.