Special Counsel in Plame Case Invalid, Libby Contends

Attorneys for Vice President Cheney's former top aide argued yesterday that a federal court should dismiss all charges against him because a special prosecutor lacked the legal authority to bring the charges.

Lawyers for I. Lewis "Scooter" Libby argued that Special Counsel Patrick J. Fitzgerald was improperly appointed by the Justice Department instead of the president to investigate the leak of CIA operative Valerie Plame's identity. That means his work and the charges of perjury, making false statements and obstructing justice brought against Libby in October are invalid, they said in court papers filed yesterday.

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