Monday, July 17, 2006

Cheney is potentially liable under Bivens

* oldschool argues that attaturk is wrong, and that Cheney is potentially liable under the Plame/Wilson suit:
"But, to the extent that he is involved in actions to attack the messenger (and the messenger's wife?) separately from merely 'getting it out there', he's open to suit. When one looks at the notes in the margins of the Wilson column and the 'suggestions' written thereon, I see nothing indicative of VP-ishness. Those are the thoughts of a political operative. They could just as easily have been the brain-child of Mehlman, Matalin, etc. Hard-ball politics has always been the claim; fine - then hard-ball politics it is, and thus, not within the scope of VP duties."
However he is:
"concerned about statute of limitation issues... Tying the timing of his filing to Novak's column seems not only odd, but dangerous. I understand not wanting to seem litigious and greedy, but that looks like some irresponsible lawyering to me.
It certainly seems to me that it would have been *much* smarter for the Wilsons' attorneys to have filed this case somewhere before, say, July 7, 2006."

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