In case you thought it did, the Plame Case hasn’t gone away. Buried beneath the unsurprising news that the Bush Administration’s political office (read: Karl Rove) originally wanted to fire not 9 USA’s but 30 and that Paul Wolfowitz is out after gaming the system for his girlfriend and doing absolutely nothing he promised to do when he was hired (corruption and broken promises being the hallmark of neoconservatives everywhere), the Joe Wilson/Valerie Plame lawsuit filed against Li’l Dick, Scooter, MC Rove, and Dick Armitage is actually in court. Sort of.
Led by SCOTUS Judge Sam Alito’s former law clerk and current Dep Asst AG in Gonzo’s civil division, Jeffrey Bucholtz, govt lawyers went before U.S. District Judge John D. Bates and asked him to dismiss the case. Their reason for dismissal? Pure D-for-Dick “Unitary Presidency” Cheney:
[A]ny conversations Cheney and the officials had about Plame with one another or with reporters were part of their normal duties because they were discussing foreign policy and engaging in an appropriate “policy dispute.” Cheney’s attorney went further, arguing that Cheney is legally akin to the president because of his unique government role and has absolute immunity from any lawsuit.
The judge, who apparently wasn’t sure he was hearing right, wanted to make certain he understood what they were saying.
“So you’re arguing there is nothing — absolutely nothing — these officials could have said to reporters that would have been beyond the scope of their employment,” whether the statements were true or false?
“That’s true, Your Honor. Mr. Wilson was criticizing government policy,” said Jeffrey S. Bucholtz, deputy assistant attorney general for the Justice Department’s civil division. “These officials were responding to that criticism.”
Now, before I go on I have to note that asking for a dismissal is a standard defense tactic nowadays, and that many defense lawyers will do it, especially in high-profile cases, even if they don’t think they’ve got a snowball’s chance in hell of winning the argument. That, in turn, has led to them often coming up with some pretty creative legal grounds for the dismissal that have little to do with legal precedent and everything to do with desperation. There was, for instance, the famous example of a lawyer who claimed that one of her cases should be dismissed because a proper defense would require her to call the plaintiff’s dog to the witness stand.
This might be one of those “It sucks but this is the best we’ve got” arguments, but I don’t think so. Continue reading