Can You Say Reach-ing?

Aw heck, this is just plain grasping! Is this a joke?

Lawyers for Vice President Cheney’s former top aide asked a federal judge Thursday to dismiss his indictment because the special prosecutor in the CIA leak case lacked authority to bring the charges.

In a court filing, lawyers for I. Lewis “Scooter” Libby said his indictment violates 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 violates federal law because his investigation was not supervised by the attorney general. They said only Congress can approve such an arrangement.

"Those constitutional and statutory provisions have been violated in this case," Libby’s lawyers wrote.

Fitzgerald was appointed in December 2003 after former Attorney General John Ashcroft recused himself from the investigation because of his close relationships with White House officials. Then-Deputy Attorney General James Comey, acting in Ashcroft’s place in the matter, selected Fitzgerald.

Question! This Congress who can only "approve such an arrangement" ... Is this the same Congress who was required to declare war but never really did? Or the same Congress who Bush felt wouldn't approve unwarranted wiretapping so they weren't asked? All of the sudden they want lack of Congressional approval for Fitzgerald to be grounds to save Libby's guilty behind? I'm laughing!