Wednesday, February 14, 2007

I'm an Old Cowhand (Who thinks governments are people too)

Judge Reggie Walton presiding over the Scooter Libby trial has a novel interpretation of the Sixth Amendment (as interpreted by Firedoglake):

If that's what SCOTUS is going to require, we're going to say govt isn't entitled to fair trial,but defense is. If I get reversed on that one, maybe I need to hang up my spurs.

Perhaps if Patrick Fitzgerald could be sent to prison if he loses, that might make sense. However, Amendment VI actually reads:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

'the accused shall enjoy the right', not the government. We suspect SCOTUS will require that on Appeal.

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