Patrick Fitzgerald

10.29.05

Sand in the Eyes

From Patrick Fitzgerald’s news conference yesterday:

Let me then ask your next question: Well, why is this a leak investigation that doesn’t result in a charge? I’ve been trying to think about how to explain this, so let me try. I know baseball analogies are the fad these days. Let me try something.

If you saw a baseball game and you saw a pitcher wind up and throw a fastball and hit a batter right smack in the head, and it really, really hurt them, you’d want to know why the pitcher did that. And you’d wonder whether or not the person just reared back and decided, I’ve got bad blood with this batter. He hit two home runs off me. I’m just going to hit him in the head as hard as I can.

You also might wonder whether or not the pitcher just let go of the ball or his foot slipped, and he had no idea to throw the ball anywhere near the batter’s head. And there’s lots of shades of gray in between.

You might learn that you wanted to hit the batter in the back and it hit him in the head because he moved. You might want to throw it under his chin, but it ended up hitting him on the head.

And what you’d want to do is have as much information as you could. You’d want to know: What happened in the dugout? Was this guy complaining about the person he threw at? Did he talk to anyone else? What was he thinking? How does he react? All those things you’d want to know.

And then you’d make a decision as to whether this person should be banned from baseball, whether they should be suspended, whether you should do nothing at all and just say, Hey, the person threw a bad pitch. Get over it.

In this case, it’s a lot more serious than baseball. And the damage wasn’t to one person. It wasn’t just Valerie Wilson. It was done to all of us.

And as you sit back, you want to learn: Why was this information going out? Why were people taking this information about Valerie Wilson and giving it to reporters? Why did Mr. Libby say what he did? Why did he tell Judith Miller three times? Why did he tell the press secretary on Monday? Why did he tell Mr. Cooper? And was this something where he intended to cause whatever damage was caused?

Or did they intend to do something else and where are the shades of gray?

And what we have when someone charges obstruction of justice, the umpire gets sand thrown in his eyes. He’s trying to figure what happened and somebody blocked their view.

As you sit here now, if you’re asking me what his motives were, I can’t tell you; we haven’t charged it.

So what you were saying is the harm in an obstruction investigation is it prevents us from making the fine judgments we want to make.

I also want to take away from the notion that somehow we should take an obstruction charge less seriously than a leak charge.

This is a very serious matter and compromising national security information is a very serious matter. But the need to get to the bottom of what happened and whether national security was compromised by inadvertence, by recklessness, by maliciousness is extremely important. We need to know the truth. And anyone who would go into a grand jury and lie, obstruct and impede the investigation has committed a serious crime.I will say this: Mr. Libby is presumed innocent. He would not be guilty unless and until a jury of 12 people came back and returned a verdict saying so.

But if what we allege in the indictment is true, then what is charged is a very, very serious crime that will vindicate the public interest in finding out what happened here.

Anyone who implies that charges of perjury, obstruction of justice, and making false statements to the grand jury are not extremely serious allegations needs to read the statements above one more time.

Anyone who argues that Libby was somehow vindicated, because he was not charged with leaking classified information, needs to revisit the baseball metaphor, and to ponder Fitzgerald’s tactics.

Anyone who thinks that Patrick Fitzgerald is anything other than a straight-arrow, apolitical prosecutor with iron-clad integrity, driven only by a deep desire for truth, needs to read more about him in The Washington Post, The New York Times, or USA Today.

And anyone who claims that the White House, or anyone in danger of being charged in this investigation, is not worried about a widening inquiry that is likely to destroy any remaining shreds of credibility that the administration retains, is spinning wildly and throwing sand in your eyes.

Make no mistake: this is the beginning of the end of the Bush Administration as we know it.

And I feel fine.

UDPATE: Obviously, there is a lot of speculation and tea-leaf reading taking place based on the text of the indictments and Fitzgerald’s press conference. It remains to be seen whether Fitzgerald will turn out to be Eliot Ness or Jennie Finch. Is he testing the resilience of the Cheney firewall or pulling his punches? I’m betting on the former — Big Time.

10.24.05

Bombshell

From the New York Times: Cheney Told Aide of C.I.A. Officer, Notes Show

I. Lewis Libby Jr., Vice President Dick Cheney’s chief of staff, first learned about the C.I.A. officer at the heart of the leak investigation in a conversation with Mr. Cheney weeks before her identity became public in 2003, lawyers involved in the case said Monday.

Notes of the previously undisclosed conversation between Mr. Libby and Mr. Cheney on June 12, 2003, appear to differ from Mr. Libby’s testimony to a federal grand jury that he initially learned about the C.I.A. officer, Valerie Wilson, from journalists, the lawyers said.

The notes, taken by Mr. Libby during the conversation, for the first time place Mr. Cheney in the middle of an effort by the White House to learn about Ms. Wilson’s husband, Joseph C. Wilson IV, who was questioning the administration’s handling of intelligence about Iraq’s nuclear program to justify the war.

Lawyers said the notes show that Mr. Cheney knew that Ms. Wilson worked at the C.I.A. more than a month before her identity was made public and her undercover status was disclosed in a syndicated column by Robert D. Novak on July 14, 2003.

And which “lawyers involved in the case,” pray tell, were those? Do they happen to be lawyers for Scooter Libby?

If so, James Wolcott was right on the money:

So, imagine you’re Scooter Libby awaiting the word from the grand jury.

Are you going to be the fall guy, the patsy, the designated chump bearing the cross of blame while Rove plays the part of injured bystander? Are you happy at the prospect that your name may soon be a national joke on the lips of every late-nite comedian? Are you going to ignore the humiliation of being hung out to dry by your colleagues and hold your head high in silent stoic resolve?

See, I’m imagining that if I’m Scooter Libby, I might be thinking that Karl and his crew overplayed their hand making me the leper, and maybe I’ve got some things of my own to divulge, and if I go down, maybe I won’t be going down alone.

They’re not going to pin this all on me.

I had no idea that Wolcott was part-Vulcan.

Back to The Times:

But the evidence of Mr. Cheney’s direct involvement in the effort to learn more about Mr. Wilson is sure to intensify the political pressure on the White House in a week of high anxiety among Republicans about the potential for the case to deal a sharp blow to Mr. Bush’s presidency.

Oh, yeah, baby — I like it like that.

Here are a few other relevant reads:

  • Tiny Revolution: Top Ten Things We Will Soon Learn About Patrick Fitzgerald (via Two Political Junkies)
  • Billmon’s last twenty-five posts, but especially The New Pravda’s Lost Year and Fitzgerald’s New Boss
  • 10.06.05

    Rove Goes Back to Grand Jury

    I don’t know about you, but I’ve been on pins and needles all day.

    Via Atrios and Think Progress comes this AP report:

    Federal prosecutors have accepted an offer from presidential adviser Karl Rove to give 11th-hour testimony in the case of a CIA officer’s leaked identity but have warned they cannot guarantee he won’t be indicted, according to people directly familiar with the investigation.

    The persons, who spoke only on condition of anonymity because of grand jury secrecy, said Special Prosecutor Patrick Fitzgerald has not made any decision yet on whether to file criminal charges against the longtime confidant of President Bush or others.

    Lawrence O’Donnell (via TalkLeft) predicts “at least three high level Bush Administration personnel indicted and possibly one or more very high level unindicted co-conspirators.”

    But he also suggests that it might be a while before we know:

    If no one RSVPs to Fitzgerald’s invitations, look for indictments as early as next week. If anyone does sit down with Fitzgerald, he will probably have to move to extend the grand jury, which now has only thirteen working days left in its term.

    Rove has responded, obviously, so we might have to wait.

    In the meantime, we can day-dream, can’t we?

    Update: Laurence O’Donnell again (via Billmon):

    What this means is Rove’s lawyer, Bob Luskin, believes his client is defintely going to be indicted.

    So, Luskin is sending Rove back into the grand jury to try to get around the prosecutor and sell his innocence directly to the grand jurors. Legal defense work doesn’t get more desperate than this. The prosecutor is happy to let Rove go under oath again–without his lawyer in the room–and try to wiggle out of the case. The prosecutor has every right to expect that Rove’s final under-oath grilling will either add a count or two to the indictment or force Rove to flip and testify against someone else.

    Others have speculated that Fitzgerald is trying to get Rove to flip on a higher-up. I have a hard time believing that will happen. Not because he is virtuous, but rather because it isn’t in his self-interest. I doubt he could have much of a career of any kind if he turned on Cheney, Bush, Bolton, or any of the higher-ups potentially involved in this. Even if he’s convicted of perjury, conspiracy, and obstruction, he can still look forward to a long career in Republican circles, as G. Gordon Liddy and Oliver North could attest.

    07.14.05

    The Great Rovian Sit ‘n Spin


    It doesn’t take long for the GOP to disseminate its talking points among the blogerati.

    Witness this take on the Plame affair, from Philly’s own blonde sagacity. In an email correspondence that ensued after she commented on one of my earlier posts, ALa showed that a good, if misguided, heart lies beneath the vile Republican spin. So, if you decide to comment on this post or on hers, please refrain from personal insults.

    As for the arguments? Well, let’s tear those to shreds.

    Here is what ALa wrote about Rove:

    I am sure it will come as no surprise that I think he did nothing wrong. He was correcting a reporter on the misnomer that the White House had anything to do with sending Joe Wilson to Africa (a wildly held misconception) and offered that maybe he got the gig through the CIA since “his wife apparently worked there”. (Wilson had NO credentials that would warrant this trip) No name was given to Matt Cooper by Rove.

    Valerie Plame had a desk job in Langley. It is highly unlikely that a covert operative also manned a desk. Joe Wilson talked about his wife on his website prior to Novak’s story. An independent commission found that Joe Wilson’s report on Niger was seriously flawed. Wilson was working with/for the Kerry campaign. Novak called the CIA to check the Plame story and they did not tell him not to run her name. If there was some threat to her or her “covert” desk job, I am quite sure they would have threatened him with disrupting National Security if the story was run. Why wasn’t the CIA concerned about the up and coming outing of one of there under cover agents? Maybe because she wasn’t one?

    So what this boils down to is a political witch hunt being run by a fame-thirsty Democratic prosecutor. I am not saying that Republicans wouldn’t do the same thing if given the chance (they would) –I am only saying that people should stop with the feigned outrage and just admit that it’s just a chance to take down Karl Rove –political genius and DNC arch nemesis.

    The Real question should be… How can some employee of the CIA send her completely unqualified hubby on a fact finding mission concerning National Security in the run-up to a real live war? That seems to be the crime here…

    I’m going to respond to these assertions point-by-point. In doing this, I have been helped by these excellent sources: The Left Coaster, TPM Cafe, David Corn, and Kevin Drum.

    Unlike ALa and her commenters, I’m going to source every point I make.

    I challenge them to do the same.

    Read the rest of this entry »



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