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Presidential News

Libby's Lawyers Seek Dismissal of Charges

Thursday, February 23, 2006 4:10:17 PM
By TONI LOCY

WASHINGTON (AP) - Lawyers for Vice President Dick Cheney's former top aide asked a federal judge Thursday to dismiss his indictment on grounds that the special prosecutor in the CIA leak case lacked authority.

In a court filing, lawyers for I. Lewis "Scooter" Libby said his indictment violated the Constitution because Special Counsel Patrick Fitzgerald was not appointed by the president with the consent of the Senate.

The defense attorneys also said Fitzgerald's appointment violated federal law because his investigation was not supervised by the attorney general. They said only Congress can approve such an arrangement.


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