Wednesday, October 26, 2005

 

Waiting Until the Last Moment

The woman I share office space with and I argued a case in front of the Colorado Court of Appeals this summer and, when the decision was announced in September, we just beat the snot out of the other side. In a three part analysis, we won on all three parts. So the question then became, would the other side waste their clients' money with a waste of time Petition for Cert. I argued that they would (despite the a**whipping) and that they would wait until the last day to file the petition. I was correct.

Those of us who have thought for many months now that the Plame affair was much ado about absolutely nothing because, absent Valerie Plame's out of country posting as a spy within 5 years of her name's disclosure by Robert Novak, there simply was no crime, have wondered if the lack of indictments today could possibly be a good sign. The grand jury disbands on Friday (although it could be extended by mere Court order) [already extended once; they're done]. So the question becomes is Special Counsel Fitzgerald one of those lawyers who waits to the absolute last minute to file? Time will tell. Mere hours now.

Comments:
"...would the other side waste their clients' money...."

But is it really a waste if it goes to the lawyers who filed the appeal? You have to consider the incentives and points of view.

I suspect this is a good argument for a second opinion from a disinterested legal firm, but who's going to vigorously represent that point of view?
 
I just finished the brief in opposition to the Petition for Cert and their Petition is pro forma, a complete waste of time. And, alas, there is no one to advise the other side clients their money is being wasted. What about Fitzgerald, though? No Grand Jury today and no announcements. Tomorrow is the last day of the cannot be extended GJ and they're coming in. I have to ask why if it's not to present last second indictments (or to eat some good bye cake or something). Have to go with indictments.
 
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