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Scooter Libby Takes One for the Team

I have an op-ed today in the Rocky Mountain News, Scooter Libby Takes One for the Team. It's about why I was rooting for both sides in different ways, and why, although I think the verdict was correct, I feel cheated. Hope you'll read it.

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    Excellent editorial (5.00 / 1) (#6)
    by scribe on Fri Mar 09, 2007 at 10:51:08 AM EST
    I'd have added one point, though it doesn't really relate to the gist of the editorial.

    The point behind the whole "Pardon Scooter" uprising is to give the Rethug base something to get emotional about, something for the tub-thumpers to thump, and something, anything, for the Rethugs to rally around.

    Right now, all they have to rally around is the war and the administration's corruption.  Neither of those causes is particularly appealing to anyone, let alone their base.

    Oh, yeah.  The graphic.  "Taking one for the team" means, in baseball, that the batter stands there and lets himself get hit by the pitch so as to get a runner on base.  Can't score without baserunners.  This has to be done not too obviously, as one is "supposed" to get out of the way, and it's in the umpire's discretion to not award a base if he feels the batter didn't try hard enough.  Of course, when one throws sand in the umpire's eyes, one shouldn't seek anything from the ump in return....


    yours is very fair and balanced. . . (none / 0) (#1)
    by the rainnn on Fri Mar 09, 2007 at 09:32:06 AM EST
    . . .and, i think many of
    the same things that troubled
    you about the libby trial/verdict
    troubled me.  only more so.

    as i've written before,
    i do feel the vice president
    personally owes the nation, and
    her people, some answers.

    in short sentences.

    using mostly single syllable words.

    did/does he, as some have opined,
    run a "private duchy" at 1600
    pennsylvania avenue?  a shadow
    administration? he is our servant,
    not the other way around.

    history will doubtlessly judge
    him the most secretive, and most
    powerful vice president this re-
    public has ever known.

    and that, to our collective detriment.

    Do you really think (none / 0) (#13)
    by Electa on Fri Mar 09, 2007 at 02:04:59 PM EST
    this man gives a hoot about what history will deem him?  I think not given his actions.  I do agree w/u that he owes the American peoples an explanation and they should damn well demand one.

    Parent
    my comment was not to be a compliment. . . (none / 0) (#20)
    by the rainnn on Fri Mar 09, 2007 at 03:26:43 PM EST
    hey electa --

    just so we're clear, i did not
    mean to imply any compliment of
    mr. cheney.  whether he cares how
    history portrays him is of very
    little moment to me -- and certainly
    more importantly -- to history, itself.

    i wasn't as direct as i might
    have been, i guess. . .  

    let me try again:

    i might have written that his repeated, and
    extra-constitutional, power-grabs, and his
    obsession with secrecy, his close-mindedness
    and his frenetic need to stifle dissent -- even
    within the halls of thewhite house -- have
    rendered him uniquely ill-suited for the office he holds.

    [and i do agree with jeralyn's take on this.]

    Parent

    Nice editorial, Jeralyn (none / 0) (#2)
    by Edger on Fri Mar 09, 2007 at 09:42:24 AM EST
    It must have been hard to be there day after day blogging about the trial, while holding the conflicting hopes for a conviction to in some small way hold Cheney and the administration accountable and for a defense success out of professional nature and habit.

    I think that in many ways it was however, a trial of Dick Cheney and the Bush Administration at least in the publics mind, and I agree with David Corn and The Nation's assessment that the "trial has exposed the truth about who really pulls the strings in the Bush White House."

    The saddest aspect of the whole affair, to my mind, is seeing such entrenched corruption exposed at the highest levels of government of a country that once was, should be, and can be again the example to the world of integrity and honesty in leadership.

    Special Prosecutor Authority (none / 0) (#3)
    by ApacheTrout on Fri Mar 09, 2007 at 10:02:02 AM EST
    Jeralyn - do you know when Fitzgerald's authority as special prosecutre expires?  Thanks!

    The thing is (none / 0) (#4)
    by Big Tent Democrat on Fri Mar 09, 2007 at 10:03:13 AM EST
    does anyone doubt that Cheney was behind this?

    Does anyone doubt what happened?

    That Bush, Cheney etc lied to the country the whole time about "firing the leakers."

    Libby took one for Cheney, but the Media and the country know the score. The question is do they care?

    Fred Hiatt doesn't. Does anyone else?

    Nice piece of course (none / 0) (#5)
    by Big Tent Democrat on Fri Mar 09, 2007 at 10:03:44 AM EST
    I think you get to the point.....

    Parent
    Prosecutor Misconduct (none / 0) (#7)
    by Fritz on Fri Mar 09, 2007 at 12:00:57 PM EST
    You Wrote:  "prosecutors weren't able to get to the truth and decide if they had a case against Cheney. "

    I thought you were a defender of the US Constitution?  I could careless if one is a Republican or Democrat, but Fitzgerald's questioning crossed over into Executive Privilege protections, pre-war intelligence was not part of his referral.  As proponents for FISA court oversight of FBI agents, you should be equally protective of the privilege rights of Constitutional officers.  If a judge had been present and council representing the OVP, Fitzgerald would have been held in check.  Any support for this criminalization of politics is hypocritical.  

    get it straight: reciting wingnut propaganda (5.00 / 2) (#14)
    by scribe on Fri Mar 09, 2007 at 02:27:42 PM EST
    does not make you intelligent, nor does it make you right.  Rather, it makes clear you are parroting what you have been fed - an excellent example of the finest product of the public schools, but that does not speak well of the schools.

    I could careless if one is a Republican or Democrat, but Fitzgerald's questioning crossed over into Executive Privilege protections,

    This is wrong on more levels than your sentence has words.  

    The so-called Executive Privilege, such as it is, extends only to the President.  It operates as an aspect of the law of evidentiary privileges (Federal Rules of Evidence 500 series, FWIW) to allow the President to keep to himself the consultations and deliberations (for lack of a better term) of the President.  You know, Bushie.  

    The so-called Executive Privilege does not apply to the Vice-President.  Period.  In constitutional and (heretofore) legal terms, the Vice-President has had two functions:  (a) be the successor to the President in case something happens, and (b) preside over the Senate and break tie votes in the Senate.  That Cheney was able to arrogate to himself and his henchmen all the powers he did was a result of two developments.  These are (a) a historical creep in the duties of the Vice-President, assigned to him by the President, and (b) his own aggressive grabbing power from his weak puppet, Bush.  

    The former of these derives from (I'll say) the realization that Harry Truman knew nothing about the Manhattan Project when he assumed office, and "people" thought it a good idea for the VP to have a clue in case he actually did have to step up.  This remained somewhat static until Reagan, when he was persuaded to have Bushie the Elder be "in charge of crisis management" and similar right-hand guy stuff.  I'd suspect this was a camel's nose under the tent for the Unitary Executive folks, from them.  And it went (downhill) from there, though Bush the Elder kept Quayle the Dull out of it, for good reason.

    The latter of these is inherent in Deadeye, and well-exemplified by his leading Bushie's VP selection committee, soliciting all the dirt from all the prospective nominees (as a prerequisite for their consideration, "to avoid scandal"), which they voluntarily gave and he put in a notebook (for reference) and promptly selected himself.

    The "questioning of [you meant "by"] Fitzgerald" was not limited.  In the delegation to him, which was done according to statute, he received all the powers of the Attorney General, as regards the general topic of investigating, prosecuting, etc. the case(s) relating to the disclosure of Plame's identity.  As such, he could do anything the entire Justice Department could do, to anyone he pleased, for as long as he pleased, with as many people from the Justice Department and FBI as he wanted to do it, without any check on his power except (a) being fired by the President (a bad idea, cf. the "Saturday Night Massacre" of 1973, executed by Robert Bork at Nixon's behest) or (b) adverse court decisions in litigated matters.  In the context of questioning, he could subpoena anyone to attend the grand jury, ask anyone anything he wanted before the grand jury, and do whatever he wanted to do with the testimony.  

    pre-war intelligence was not part of his referral
    .  

    It was, insofar as it related to Wilson's article, the VP's motive to smear Wilson by outing Plame, and Scooter's lies to cover it up.  Pre-war Republican-generated and repeated bullsh*t masquerading as intelligence and their attempts at retribution for calling their bullsh*t by its true name are the core of the case.

    Please don't try to defend the war - you just look silly.

    As proponents for FISA court oversight of FBI agents, you should be equally protective of the privilege rights of Constitutional officers.  

    This, too, is nonsense, for the reasons stated above.  First, the FISA court does not have oversight over FBI agents.  Rather, the FISA court is supposed to issue particularized warrants for electronic intercepts, when proper affidavits and applications are made.  The affidavits would be the sworn statements of FBI agents, working in conjunction with attorneys from the Department of Justice.  The latter would be making the applications and incorporating the affidavits into them, as factual support to justify the issuance of the warrants.  That the Preznit and his lackeys have deliberately not followed the procedures of the relevant law does not change what those procedures are;  their breach merely makes those persons breaching them criminals.  

    Second, the FBI agents work, ultimately, for the Director of the FBI.  The Director works primarily for the Attorney General, though the position of Director is not purely subordinate to the AG.  The AG, in turn, has specific statutorily defined duties to perform, though it can be said his position is subordinate to the President.  The AG would, if following the law, have to investigate and charge the President if that's where the crime lay;  politics would probably get in the way before it got to that, though.  

    Then you jump to being "protective of privilege rights of Constitutional officers" - a true non-sequitur if ever there was one.  

    First, the Vice President has no rights to any special privilege beyond those of the ordinary citizen.  The Vice President is not entitled to the so-called "Executive privilege".  Period.  Even the President's grasp on the so-called "Executive Privilege" is limited, and slippery.  No other "constitutional officers" are involved.

    Second, Courts (oh, those wily judges) are the ones charged with deciding whether privilege applies - the person claiming the privilege is charged with protecting their claimed entitlement to the privilege.  In contrast, statutes, such as FISA, are supposed to be followed - and their violations prosecuted, if appropriate.

    If a judge had been present and council [sic, counsel] representing the OVP, Fitzgerald would have been held in check.

    More nonsense.  

    Law and hundreds of years of following the law tell us Judges have no place in the grand jury room.  Period.  It's just the prosecutor, the witness, and 20 some citizens sworn to their duties as grand jurors, all in a closed room.  The grand jurors are supposed to make only one determination:  based upon the facts (testimony, evidence) before them, whether is is more likely than not that (a) a crime was committed and (b) that [defendant's name here] was the person who committed the crime.  That's all.  For that reason, if no other, it has been said that a grand jury, properly instructed, will indict a ham sandwich.  If the facts presented to the grand jury - which are solely selected by the prosecutor - indicate that it;s more likely than not a crime was committed and the ham sandwich committed it, they'd have to indict.  

    Note, too, that the witness in the grand jury has no right to have their attorney present in the room.  The grand jury is not an adjudicatory body, rather, it is an investigative and accusatory body.  Said another way, they don't decide with finality what happened but they investigate and accuse.  For that matter, a witness' Fifth Amendment right against self-incrimination is very, very limited when the witness is before the grand jury.

    You go on about how "Fitzgerald would have been held in check".  This is more nonsense.  Given the scope of his powers, he was very, very restrained.  He easily could have, based upon what is known and what can be surmised from that, had indictments returned against Rove (e.g., for starters, conspiracy* to violate IIPA, conspiracy to violate the Espionage Act, attempts to violate these two acts, and probably perjury), Deadeye (same, except maybe false statements instead of the perjury, if only because it appears he did not appear before the grand jury), Armitage (violating the Espionage Act by leaking), Judy Miller (Espionage Act by receiving classified information), Novak (conspiracy to violate the Espionage Act and the IIPA), and maybe even Bushie for his participating in this scheme - to whatever degree.  That Fitz chose not to was a function of prosecutorial discretion (which is both absolute and unreviewable) and that, in turn,  was driven mostly by what he could prove beyond a reasonable doubt at trial.

    Further, there's a specific name for what government officials under investigation do when they are "holding in check" a prosecutor doing that investigation:  "obstruction of justice".  It's a crime.

    And, Fitz has not taken up any civil actions (lawsuits) to, say, revoke security clearances, though having all the powers of the AG he could do that, too.

    Finally, "representing the OVP" is meaningless.  The constitutional and legal existence of the Vice President and his office is, as discussed above, limited.  All the other stuff Deadeye is and has been doing is extralegal.

    Any support for this criminalization of politics is hypocritical.  

    This is pure nonsense, too.  If you want to talk about "criminalization of politics", you can start with the US Attorney purge Gonzales and Rove and the WH carried out - because they wouldn't devote their prosecutions exclusively to Democrats.  But, moreover, this term "criminalization of politics" is a long-time favorite of Republicans.  I've seen it for over 20 years.  They pull it out every time they get caught violating the criminal law, claiming "it's not a crime.  It's just partisan politics."  

    It's bullsh*t.

    -

    * Proving a conspiracy does not require either the successful commission of the underlying offense, nor does it require the underlying offense to be charged.  As to attempts, there was recently a conviction of someone for attempting to rob a stash house and affilated drug crimes where there was no stash, no drug house and no person to be robbed.

    Parent

    "Bong Hits 4 Jesus" (none / 0) (#17)
    by Fritz on Fri Mar 09, 2007 at 02:59:30 PM EST
    Cheney vs US District Court says he has Executive Privilege.  He is a Constitutional elected officer, why don't you have his energy task force papers!  ROFL  Truman not knowing about the Manhattan Project has to be the silliest legal argument I have heard in some time.  Good thing "Bong Hits 4 Jesus" is going to SCOTUS.

    Fitzgerald was fishing or "discovery", that violates Executive Priviege.

    From Cheney v USDC
    The discovery requests are directed to the Vice President and other senior Government officials who served on the Group to give advice and make recommendations to the President. Special considerations control when the Executive's interests in maintaining its autonomy and safeguarding its communications' confidentiality are implicated.

    Parent

    I can tell you aren't a lawyer (5.00 / 1) (#23)
    by scribe on Fri Mar 09, 2007 at 04:33:55 PM EST
    If you had read more than the first couple pages of Cheney v. U.S. District Court, you would have seen that the issue was not whether Deadeye had Executive privilege, but rather the scope of mandamus relief.  Your comment illustrates the dangers of relying on reading the headnotes (or a Republican site discussing the case) as a substitute for actually reading the opinion.

    Let's start with the questions presented.  The Court does not deal with questions not before it.  Period.

    The exact questions presented to the Supreme Court (from its page of questions presented):

    1

    . Whether the Federal Advisory Committee Act (FACA), 5 U.S.C. App. 1, §§ 1 et seq.,  can be construed, consistent with the Constitution, principles of separation of powers, and this Court's decisions governing judicial review of Executive Branch actions, to authorize broad discovery of the process by which the Vice President and other senior advisors gathered information to advise the President on important national policy matters, based solely on an unsupported allegation in a complaint that the advisory group was not constituted as the President expressly directed and the advisory group itself reported.
    2. Whether the court of appeals had mandamus or appellate jurisdiction to review the district court's unprecedented discovery orders in this litigation.

    Not a word about Executive privilege.

    Here's how Kennedy phrased it, at the beginning of the opinion:

    This case requires us to consider the circumstances under which a court of appeals may exercise its power to issue a writ of mandamus to modify or dissolve the [civil discovery] orders when, by virtue of their overbreadth, enforcement might interfere with the officials in the discharge of their duties and impinge upon the President's constitutional prerogatives.

    Note that executive privilege was never in issue.  

    Next, dealing with the case on non-constitutional grounds.  This is Rule 1 for all courts:  avoid the constitutional question at all possible points.  

    At page 19 of the main opinion:

    Executive privilege is an extraordinary assertion of power not to be lightly invoked. United States v. Reynolds, 345 U. S. 1, 7 (1953). Once executive privilege is asserted, coequal branches of the Government are set on a collision course. The Judiciary is forced into the difficult task of balancing the need for information in a judicial proceeding and the Executive's Article II prerogatives. This inquiry places courts in the awkward position of evaluating the Executive's claims of confidentiality and autonomy, and  pushes to the fore difficult questions of separation of powers and checks and balances.

    Note, when you read the Supreme Court's opinion, nowhere does it say that Deadeye (or any VP) has executive privilege.  Nor did he claim it.  From page 6 of the opinion:

    In United States v. Nixon, the Court held that the President could appeal an interlocutory subpoena order without having to place himself in the posture of disobeying an order of a court merely to trigger the procedural mechanism for review.  418 U. S., at 691. The majority, however, found the case inapplicable because Vice President Cheney, unlike then-President Nixon, had not yet asserted privilege. In the majority's view, the Vice President was not forced to choose between disclosure and suffering contempt for failure to obey a court order.

    The Court made clear, in fact, that they did not have to invoke executive privilege to go to the Court of Appeals to get a writ of mandamus to overturn the District Court's order compelling them to give discovery.

    With respect to mandamus, the majority declined to issue the writ on the ground that alternative avenues of relief remained available. Citing United States v. Nixon, supra, the majority held that petitioners, to guard against intrusion into the President's prerogatives,
    must first assert privilege. Under its reading of Nixon, moreover, privilege claims must be made with particularity. 334 F. 3d, at 1104. In the majority's view, if the District Court sustains the privilege, petitioners will be able to obtain all the relief they seek. If the District Court rejects the claim of executive privilege and creates an imminent risk of disclosure of allegedly protected presidential communications, mandamus might well be appropriate.

    So, to be clear, the President does not have to invoke Executive Privilege first, for the court to consider mandamus to limit discovery in a civil case.

    At page 20 of the opinion:

    The panel majority, however, failed to ask this question. Instead, it labored under the mistaken assumption that the assertion of executive privilege is a necessary precondition to the Government's separation-of-powers objections.

    Read the case.  Not reading the case and then pontificating, makes one look silly.

    Parent

    Scribe (none / 0) (#31)
    by jimakaPPJ on Sat Mar 10, 2007 at 07:55:38 AM EST
    I would be as useful at law as an alligator picking cotton...

    But if you are correct, show us the papers.


    Parent

    Scribe (none / 0) (#18)
    by Deconstructionist on Fri Mar 09, 2007 at 03:03:34 PM EST
      You are perhaps "more right" than he is but you are far from correct in many respects.
    The entire doctrine of executive privilege and its parameters are far from settled. Moreover, it has never been held that it can only be invoked by the President.

       Second, it is NOT an evidentiary privilege but a Constitutionally based   privilege and while there is a lackof clarity and perhaps coherence in its development it derives from the doctrine od separation of powers.

    Parent

    I beg to differ (4.00 / 1) (#24)
    by scribe on Fri Mar 09, 2007 at 04:36:46 PM EST
    on whether the Preznit's the only one who can invoke it.  As noted in my comment above parsing Cheney v. District Court, Deadeye never invoked it.  Do you really think he would have missed a chance to invoke another cloak of confidentiality if it had been available to him?

    He didn't invoke it.  He doesn't have it.

    Parent

    Scribe (none / 0) (#26)
    by Deconstructionist on Fri Mar 09, 2007 at 04:59:55 PM EST
      You are correct about the Cheney the rationale there was essentially thet forcing the EXECUTIVE BRANNCH to invoke "executive privilege" is a last resort and that issue should not be reached if other grounds exist to afford the executive the relief requested from compelled disclosure.

      But, your reasoning is completely flawed! That The Supreme Court did not reach the issue does not, of course, mean it made the holding you suggest. It didn't and has NEVER issued an opinion holding that EP is limited to the President. Moreover, much dicta (including some in Cheney) indicates that it would if forced to rule directly on the issue find it may be invoked by other high ranking executive branch officials.

      Your style might work at the corner bar but it's not legal analysis.

       the fact is that the doctrine of executive privilege is very undeveloped because all three branches have reasons to back down or find alternative resolutions in most cases. Be that is it may YOU saying it can be invoked only by the President means, precisely, nothing because you don't hold 5 votes on the Supreme Court.

       I assume you are conceding you were totally wrong in asserting Ep derives from the Rules of Evidence as opposed to the Constitution.

    Parent

    I did not say executive privilege derives from the (none / 0) (#27)
    by scribe on Fri Mar 09, 2007 at 06:04:59 PM EST
    Rules of Evidence, as that would be historically inaccurate.

    Washington was the first to put forth some variation on Executive Privilege, re Congress' request for some information or the other on a treaty (I think the Jay Treaty, but I could be wrong).  The Rules of Evidence didn't come along until the late 60s, IIRC.

    Rather, my meaning was that the Executive privilege applies like every other evidentiary privilege, and those are applied through the 500 series in the Rules of Evidence.  I.e., the party seeking the protection of the privilege must raise it, then the court decides whether it applies and, if so, how far.

    What Cheney v. US District Court said was, that the Preznit does not, in the first instance and in the context of a civil suit's discovery phase, have to lead off in the District Court by invoking the executive privilege (which may have constitutional roots - but who cares whence it came, as all privileges save the Fifth Amendment are "derived from use and experience" or some similar language in the Rules).  Rather, the Executive branch may seek to limit discovery in the civil suit by "other means".  [In Cheney, Deadeye was considered an adviser to part of the Executive Branch because the Preznit had created this committee comprised of Executive branch officials and asked Deadeye to head it and give him advice.  That energy company executives joined in, no one wanted to touch.] The "other means" would include seeking mandamus in the Court of Appeals to redo or overturn a discovery order issued by the District Court.  The use of mandamus circumvents the ordinary rule barring interlocutory appeals (which one over a discovery dispute clearly would be).

    I'm not sure what "holding" I suggested that you think is wrong, but the fact of the matter is:  (1) Deadeye never invoked executive privilege.
    (2) I am not aware of any case in which executive privilege has been explicitly held to apply to protect one who is (a) not the President, (b) not a direct, close adviser to the President, or (c) the Vice President.
    (3)  Given the known propensities of Deadeye, if he or his lawyers had thought he, as Vice President, had a colorable claim to executive privilege, he would have raised it, regardless and independent of his position as head of a committee advising the Preznit.  Similarly, if they felt his position heading that committee was sufficiently a direct, close adviser to the President, they would have raised it.
    Given 1, 2, and 3, I conclude:
    (4) Deadeye and his lawyers concluded they had no argument for extending executive privilege to him (as VP or as committee head), or it was so weak they'd look foolish while failing to win it.  So they didn't touch it and, in so doing, got a whole new avenue (mandamus) to block disclosure.

    Parent

    Scribe" (none / 0) (#28)
    by Deconstructionist on Fri Mar 09, 2007 at 06:22:37 PM EST
    "The so-called Executive Privilege, such as it is, extends only to the President.  It operates as an aspect of the law of evidentiary privileges (Federal Rules of Evidence 500 series"

      YOU wrote that-- it's above a few posts if you forgot. the Rules of Evidence were only recently (relatively) codified by they have existed for hundreds of years and the EVIDENTIARY privileges derive from the common law of Britain and the USA. constitutional privileges, unsurprisingly, derive from the constitution.

      Your reasning is utterly absurd. Cheney WON THE CASE! He did not need to get a ruling on whether EP applied to him and none was made. I cannot believe that someone who claims to be a lawyer can't grasp that the failure to make a positive ruling on an issue does not establish the negative of that issue. Your inane babbling about we all know Cheney would is just meaningless blather.

     to top it off you also write:

    "2) I am not aware of any case in which executive privilege has been explicitly held to apply to protect one who is (a) not the President, (b) not a direct, close adviser to the President, or (c) the Vice President."

      Which is true but would seem to be completely inconsistent with your initial pronouncement that EP extends only to the President period.

      you are BSing so hard you have confused yourself. Why not simply admit you went off the deep end and waaaaaaay overstated things in your first post in exactly the fashion I suggested.

    Parent

    Wide Brush (none / 0) (#8)
    by squeaky on Fri Mar 09, 2007 at 12:19:00 PM EST
    but Fitzgerald's questioning crossed over into Executive Privilege protections, pre-war intelligence was not part of his referral.

    I call BS on that one. Fitzgerald was given a wide brush by Comey to get to the bottom of the potential crimes committed, which included crimes by the executive branch regarding prewar intelligence.

    COMEY: Mr. Fitzgerald alone will decide how to staff this matter, how to continue the investigation and what prosecutive [sic] decisions to make. I expect that he will only consult with me or with Assistant Attorney General [Christopher] Ray, should he need additional resources or support.

    [...]

    My choice of Pat Fitzgerald, a sitting United States attorney, permits this investigation to move forward immediately and to avoid the delay that would come from selecting, clearing and staffing an outside special counsel operation. In addition, in many ways the mandate that I am giving to Mr. Fitzgerald is significantly broader than that that would go to an outside special counsel.

    [...]

    An outside counsel also only gets the jurisdiction that is assigned to him and no other. The regulations provide that if he or she wants to expand that jurisdiction, they have to come back to the attorney general and get permission. Fitzgerald has been told, as I said to you: Follow the facts; do the right thing. He can pursue it wherever he wants to pursue it.



    Media Matters


    Parent
    You Agree (none / 0) (#9)
    by Fritz on Fri Mar 09, 2007 at 01:01:58 PM EST
    The criminalization of politics.  So partisan Comey gives fellow partisan Fitzgerald a fishing expedition and you condone?  I though we rid ourselves of the Independent Coucil.  What is all the fuss over the Bush Administration replacing US Attorneys?  

    Parent
    Partisan Comey????? (none / 0) (#10)
    by squeaky on Fri Mar 09, 2007 at 01:09:43 PM EST
    Republican, and conservative Comey.

    hahahaha

    Parent

    gee -- i must'a missed the part in poli. sci. 101 (none / 0) (#21)
    by the rainnn on Fri Mar 09, 2007 at 03:32:04 PM EST
    fritz, where lying to a grand
    jury is considered "simple partisan
    political wrangling
    ". . .

    it is criminal to commit crimes,
    that the crimes were commited in
    furtherance of partisan punishment
    makes them doubly reprehensible. . .

    Parent

    Language (none / 0) (#11)
    by Fritz on Fri Mar 09, 2007 at 01:22:01 PM EST
    At your request, I am writing to clarify that my December 30, 2003, delegation to you of "all the authority of the Attorney General with respect to the Department's investigation into the alleged unauthorized disclosure of a CIA employee's identity" is plenary and includes the authority to investigate and prosecute violations of any federal criminal laws related to the underlying alleged unauthorized disclosure, as well as federal crimes committed in the course of, and with intent to interfere with, your investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; to conduct appeals arising out of the matter being investigated and/or prosecuted; and to pursue administrative remedies and civil sanctions (such as civil contempt) that are within the Attorney General's authority to impose or pursue. Further, my conferral on you of the title of "Special Counsel" in this matter should not be misunderstood to suggest that your position and authorities are defined and limited by 28 CFR Part 600.
    Sincerely,
    s James B. Comey James B. Comey Acting Attorney General

    I do not see pre-war intelligence.  "Related to the underlying alleged unauthorized disclosure"  would be things that were illegal to Plame.  Searching internal policy deliberations is a violation of Executive Privilege.  Remember how loud Congress was when William Jefferson's (D La) office was raided by the FBI?  I guess I must be dealing with a cafeteria constitutionalist, aka liberal.

    Parent

    Yes, he had a motive to lie. (none / 0) (#15)
    by Fritz on Fri Mar 09, 2007 at 02:35:03 PM EST
    He lied about his disclosure of Plame.  Sounds right, he lied in an attempt to avoid being prosecuted for a crime he thought he may have committed.  How is that lying for Cheney?

    Ted Wells (none / 0) (#19)
    by Fritz on Fri Mar 09, 2007 at 03:24:36 PM EST
    What he says is not always relevant to facts.  Trying to sway a jury is not the same as trying to sway the Fitz.

    Parent
    Walter, some facts (none / 0) (#32)
    by jimakaPPJ on Sat Mar 10, 2007 at 10:27:45 AM EST
    Having a Top Secret Clearance doesn't mean that you know, or even get to know, all the Top Secret information held by the government.

    Being covert requires certain crieria be met.

    Plame didn't met them.

    Libby and Armitage wasn't charged with outing one.

    Have a nice day.

    Parent

    Walter (1.00 / 1) (#34)
    by jimakaPPJ on Sun Mar 11, 2007 at 10:16:19 AM EST
    What did Libby know?

    I don't know and neither do you.

    Who told Novak, and thus was the first "leaker?"

    Actually, in my first interview with Fitzgerald after he was named special prosecutor, he indicated that he knew Armitage was my leaker. I assumed that was the product of detective work by the FBI. In fact, Armitage had turned himself in to the Justice Department three months before Fitzgerald entered the case, without notifying the White House or releasing me from my requirement of confidentiality.

    So the DOJ knew in September?

    Why did they need a SP to be appointed in December?

    Can you spell p o l i t i c s?

    You think about the jury convicting an innocent man.

    Have a nice day, Walter.

    Parent

    Repeat and repeat (none / 0) (#35)
    by squeaky on Sun Mar 11, 2007 at 01:56:43 PM EST
    All you want. Your parroting will not make it so.

    It is almost certain, as has been posted here with links over and over, Armitage did not know that Plame was covert.

    Not a crime.

    Parent

    I'm not a lawyer (none / 0) (#30)
    by MiddleOfTheRoad on Fri Mar 09, 2007 at 10:18:33 PM EST
    I'm not a lawyer.

    As a layman, even though I respect the integrity of Fitzgerald, there is something strange in the approach he took in this investigation and the way the investigation has ended.  Though to his credit he did get a conviction on Scooter.

    First of all it seems that he had a fair shot at Rove as well.  There is evidence that Rove and Libby coordinated their stories.  Rove forgot to tell about Cooper.  Scooter said that he told Cooper - even though we did not tell him and only confirmed when Cooper asked.  Given that the jury unanimously convicted Scooter of obstruction, I think that a jury would have convicted Rove also given that Scooter's and Rove's story (on Cooper at least) seem hand in hand.

    And there are still major questions unresolved.  I got the impression from the trial that even though Fleischer got a deal, he was not truthful.  Given the tape of the Armitage-Woodward conversation where Armitage keeps repeating Plame's CIA affiliation, it seems implausible that Armitage forgot till after Libby's indictment about telling Woodward.  And that Armitage forgot about telling Novak till after the 1X2X6 story was published by Washington Post.  And there are major questions about Novak as well.  Why did Fitzgerald threaten Royce and Phelps (who interviewed Novak right after his article was published) with a subpoena, but never issue a subpoena to them?