It's Fitzmas In July For The DUmmies
Merry Fitzmas, DUmmies!!! Yes, it's Fitzmas in July as a judge tosses OUT a lawsuit by Valerie Plame against the EVIL Bush Regime. Of course, this action has stirred up the residents of my DUmmie Ant Farm as you can see in this THREAD titled, "Valerie Plame's lawsuit dismissed." Freudenschade, baby! So let us now watch the DUmmies gloomily assess yet another DEFEAT in Bolshevik Red while the commentary of your humble correspondent, eagerly waiting for the DUmmie reaction when Libby wins his appeal, is in the [brackets]:
WASHINGTON — A federal judge on Thursday dismissed former CIA operative Valerie Plame's lawsuit against members of the Bush administration in the CIA leak scandal.
Plame, the wife of former Ambassador Joseph Wilson, had accused Vice President Dick Cheney and others of conspiring to leak her identity in 2003. Plame said that violated her privacy rights and was illegal retribution for her husband's criticism of the administration.
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.
Plame's attorneys had said the lawsuit would be an uphill battle. Public officials are normally immune from such lawsuits filed in connection with their jobs.
[Good news, DUmmies! Karl Rove was indicted on May 12, 2006. I'm sure he will roll over against the other members of the EVIL Bush Regime.]
On what grounds?
[How about on the grounds it was a frivolous lawsuit?]
ruled that she hasn't exhausted administrative remedies under the Federal Tort Claims Act. Dismissal is no surprise. The real fight will be in higher courts.
[Start singing the Freudenschade theme song to the tune of "Edelweiss."]
Why on earth. Did her lawyers blow off the Form 95 procedure? The law is pretty clear that in order to sue the king, they have to consent. The method by which the Federal government consents to being sued is under the Federal Tort Claims Act. The procedures to bring a tort action are straight-forward. Follow the administrative rules. Here, file a Form 95, serve the proper parties, wait 6 months for them to deny the claim, then, you're good to go. I sure hope the attorney had a good reason for failing to follow the rules.
[You were only a Form 95 checkbox away from overthrowing the EVIL Bush Regime.]
If this was expected, why follow this course of action? Could someone please answer this?
[You pick your lawyer from the first name you see in the Yellow Pages and what do you expect?]
Something that we often seem to forget is that the law is intended to serve our will, not thwart it. True justice is rarely found though narrow interpretation of the letter of the law. There is always a balance of interests. Fundamental principles that must be balanced against "technicalities." (Unfortunately, given the state of the judiciary, I don't have much faith that rulings on appeal will be backed by a justifiable analysis of the facts and the law or a reasonable balance of interests.)
[The Plame appeal process is DOOMED to fail. Give up all hope...NOW!]
If administrative remedies are available and clearly defined, however, usually a good employment lawyer will make sure they are exhausted. I haven't had (and won't have this evening) the time to read the motions or the court's ruling, so I don't really know what the facts and applicable law were in Plame's case. If you know more, please advise.
[I believe the above quote is from Plame's lawyer.]
My first question is: who is the judge? A RW brown-noser???
[No. It was a VICIOUS RW brown-noser.]
I just found out the action was dismissed for jurisdiction. Ms. Plame can re-file in the appropriate venue and try again. All is not lost.
[Yes, Valerie. Toss more money down the legal money pit.]
That's what I got out of it by reading the story. She just needs to refile.
[Break out the Freudenschade Victory champagne bottle!]
We are doomed... Long live King George. Motherf*cker.
[All Hail Our Mighty Emperor, Chimpus Khan!]
Long live King George Motherf*cker.... The fix is in place....we no longer have a democracy....they are protected from anything and everything and can do as they wish.
[The fix is in! You have no hope! Please check yourself in to the nearest Wal-Mart Detention Center. Thank you and have a nice day!]
And that is exactly what will happen in Aug. 2008.
They will arrange an attack on the U.S. Bush will proclaim martial law, eliminate the election and make himself president for life. And the sheeple will await the new edition of American Idol.
[Do you think they will allow Paul Potts to be a guest host on American Idol after the Emperor Enabling Act goes into effect next year?]
It's time to get the torches and pitchforks and stop playing with these monsters.
If someone broke the law and was convicted, this could change.
[When is the trial of the indicted Karl Rove?]
If I had known this about the judge before I wouldn't have got my hopes up. It looks like if any justice is to be done now it will have to come from the people.
[Let's just sit around and wait for the Bolshevik Revolution.]
Outing a covert CIA agent WMD non-proliferation expert, her cover company and hence all associated operatives and assets domestically and in other countries, putting an unknown number of lives at risk (or worse) is just "trying to rebut criticism... certainly part of the officials' scope of normal duties"?
[Better take your complaint to Patrick Fitzgerald who let the leaker of the Plame name, Richard Armitage, completely off the hook.]
The ruling said that Plame has to exhaust remedies
available administratively. If those remedies fail to provide justice, then she can refile in the court that just dismissed the case. The lawsuit is NOT dead.
[It will be resurrected in just 24 business hours.]
That really does suck, but its not surprising and that's what we are going to have to live with for a long time to come.
[Live with the taste of bitter Freudenschade Victory champagne in your mouth.]
I'm sick. and exploding, I'm so angry.
[Ummm, your tears are so yummy and sweet.]
The Wilson's need to shop for a judge that is not a tool for the bushies!!
[Have they tried The Hague?]
Just the first step in a long march...
[...into the Wal-Mart Detention Camp.]