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Newsweek: Fitzgerald Could Thwarted by Comey's Replacement

Michael Isikoff in Newsweek writes that when Deputy Attorney General James Comey leaves the Administration this week, he could be replaced by Bush Crony Robert McCallum.

The significance of this is that special counsel Patrick Fitzgerald, in charge of the Plame investigation, reports to the Deputy AG. So, if McCallum replaces Comey, Fitzgerald may find himself with reduced power - or no power at all.

Comey was the only official overseeing special counsel Patrick Fitzgerald's leak investigation. With Attorney General Alberto Gonzales recused, department officials say they are still trying to resolve whom Fitzgerald will now report to. Associate Attorney General Robert McCallum is "likely" to be named as acting deputy A.G., a DOJ official who asked not to be identified because of the sensitivity of the matter tells NEWSWEEK. But McCallum may be seen as having his own conflicts: he is an old friend of President Bush's and a member of his Skull and Bones class at Yale.

Fitzgerald's term ends in October. The new Deputy AG could refuse to extend his term.

When Comey appointed Fitzgerald in 2003, the deputy granted him extraordinary powers to act however he saw fit—but noted he still had the right to revoke Fitzgerald's authority. The questions are pertinent because law-yers close to the case believe the probe is in its final stages.

The Chicago Tribune reported a few weeks ago on speculation that Bush might not re-appoint Fitzgerald to his main job, that of U.S. Attorney for Illinois.

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    Re: Newsweek: Fitzgerald Could Thwarted by Comey' (none / 0) (#2)
    by Darryl Pearce on Sat Dec 17, 2005 at 01:02:02 PM EST
    As others have probably said no less concisely: Is that legal...?! If a special-prosecutor is in an ongoing investigation, can that office be defunded, evicted and otherwise shutdown...?! Fudge (only I didn't say "fudge").

    WTF? Is this just the world's crappiest reporting or what? The Senate Judiciary Committee has already been holding confirmation hearings for Comey's replacement -- Timothy Flanagan. According to Froomkin, Flanigan may have conflicts of his own, so ultimately oversight of Fitzgerald may in fact fall to the third man at the Justice Department, who is in fact McCallum. Jeebus Effing Christ. Do these people get paid?

    Re: Newsweek: Fitzgerald Could Thwarted by Comey' (none / 0) (#4)
    by MikeDitto on Sat Dec 17, 2005 at 01:02:02 PM EST
    Darryl: Yes. Since the independent counsel law expired, special prosecutors work at the pleasure of the Justice Department, and therefore at the pleasure of the President. The independent counsel law was not without its problems (unbounded scope, unlimited budget), but it did have one thing the current system lacks: independence.

    Re: Newsweek: Fitzgerald Could Thwarted by Comey' (none / 0) (#5)
    by squeaky on Sat Dec 17, 2005 at 01:02:02 PM EST
    In October he will be looking for a job.

    Re: Newsweek: Fitzgerald Could Thwarted by Comey' (none / 0) (#6)
    by scarshapedstar on Sat Dec 17, 2005 at 01:02:03 PM EST
    Geez, first we had Watergate II, now we have a new Saturday Night Massacre?

    Re: Newsweek: Fitzgerald Could Thwarted by Comey' (none / 0) (#7)
    by roger on Sat Dec 17, 2005 at 01:02:03 PM EST
    Archibald Cox II

    Re: Newsweek: Fitzgerald Could Thwarted by Comey' (none / 0) (#8)
    by roger on Sat Dec 17, 2005 at 01:02:03 PM EST
    Does anyone have any info on this?

    We know who delayed this investigation. It is the media's fault. Cooper and Miller delayed this investigation. The problem with Fitzgerald is that a lot of Chicago Democrats want him gone too. He's been exposing the political corruption in Illinois from both parties so he's collected a rather long list of enemies.

    If a special-prosecutor is in an ongoing investigation, can that office be defunded, evicted and otherwise shutdown...?! Only if your name is not STARR.

    Re: Newsweek: Fitzgerald Could Thwarted by Comey' (none / 0) (#11)
    by MikeDitto on Sat Dec 17, 2005 at 01:02:03 PM EST
    Ken Starr was an Independent Counsel. He also exemplified everything that was wrong with the independent counsel law, and his behavior is primarily responsible for it not being renewed when it expired.

    Re: Newsweek: Fitzgerald Could Thwarted by Comey' (none / 0) (#12)
    by squeaky on Sat Dec 17, 2005 at 01:02:04 PM EST
    Wow Rodger what a post. I relish the fact that it may be true. Too good to be true, must be parody. All google searches lead back to the original article by Tom Flocco.

    Re: Newsweek: Fitzgerald Could Thwarted by Comey' (none / 0) (#14)
    by Che's Lounge on Sat Dec 17, 2005 at 01:02:05 PM EST
    As if Miller going to jail is the end of it. Criminal charges are pending! She thought doing this would protect her and others. She obviously is unfamiliar with the kick-'em-when-they're-down approach to justice in the US. The longer you stay quiet, girl, the tougher they'll be on ya. Not that I care.

    You know this shouldn't surprise me, the fact that Shrub has found somebody to cover up for Turd Blossom, but it does. I wonder if this will upset anybody other than those of us who care that for political gain an undercover agent of the CIA was outed and all of their contacts in other countries to be jeopardized? Probably not. There are people in charge of our country who care nothing for the rule of law, just the acquisition of power. At all costs.