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U.S. District Judge John D. Bates dismissed the case on jurisdictional grounds and said he would not express an opinion on the constitutional arguments. Bates dismissed the case against all defendants: Cheney, White House political adviser Karl Rove and former White House aide I. Lewis “Scooter” Libby.
UPDATE: RAW STORY has a bit more and a link to the judge’s ruling, which said, “The court ruled it lacked jurisdiction over Plame’s case because she has not exhausted administrative remedies under the Federal Tort Claims Act, which is the ‘proper, and exclusive, avenue for relief on such a claim.'”
In a statement to RAW from CREW’s Melanie Sloane, representing the Wilsons, she said they intend to appeal the decision to a higher court. “We disagree with the court’s holding and intend to pursue this case vigorously to protect all Americans from vindictive government officials who abuse their power for their own political ends,” she said. We’ll try to get Sloane or Joe Wilson on for tonight’s Peter B. Collins show for more reaction if possible.
UPDATE 7/20/07: Who is Judge John D. Bates? The one who dismissed the case? This is who…
It is the doctrine of immunity at work again … which to me sounds like the courts think that the people are some kind of disease from which criminal politicians need to be immunized.
Professor Prosser, one of the luminaries of the law, said it is strange that american courts created the doctrine that has its roots in “the king can do no wrong”.
The american people would reject it outright. More proof that we do not have complete freedom yet.
Remember that about 30% of the citizenry at the time of the declaration of independence and the revolutionary war were supporters of “he who could do no wrong”, King George.
Who says the protestants and the catholics, who have a notion of the infallibility of “their leader”, do not have common ground?
The true american spirit is not in accord with these dictatorial notions. No one should be immune from the law, above it, below it, or beside it.
But in the “land of the free”, which is invading, occupying, and destroying oil-rich defenseless countries to force our “freedom” upon them, the people are a disease from which King George types need to be immunized.
Aren’t you proud to be a disease?
Brad,
Some of the claims, which I am in reference to in post #1, were not dismissed for want of jurisdiction, but for:
(Plame v Libby, at page 41 of the PDF, emphasis added). This is the classic Rule 12 dismissal.
I would expect an appeal in this matter on the Bivens type causes of action. And probably an administrative application for relief as well, for the reasons you mentioned.
Dredd you are right! The only thing gw and cheney will comprehend is IMPEACHMENT!!!! Too bad the legislature doesn’t have the kahones to the best thing for this country!
Screw this trial bullshit.
How long is this going to take to throw out the oath breaker’s who are still working up all this chaos and damage at the highest levels of MY NATION’s security?
Pull their jobs, and security clearance’s until the shit is settled! WTF!?
Put a damn tracker around their leg and SPY on them!!!
This TREASON shit is unacceptable behavior.