Libby relying on Alito?

The strategy appears consistent with the NSA-defenses: "Inherent authority"-non-sense and presidential power.

One problem: 1988 Morrison case.

Libby's defense team appears to be relying on Bush's Judicial Appointments, hoping to have the Fitzgerald indictments thrown out. [ WaPo: Ref ]



Libby argues that the Fitzgerald appointments are not lawful, so the indictment's have to be thrown out.

However, the Morrison case reviewed this matter and the Supreme Court stated:

"Congress may, consistent with the appointments clause, authorize interbranch appointments, in which an officer of one branch is appointed by officers of another branch;" [487 U.S. 654 ] Ref ]

It remains to be seen whether Libby is doing what South Dakota is doing on abortion -- challenging precedent, relying on Bush's appointments to overturn the Morrison Case, relying on Scalia's 1988 dissent.