“Special prosecutor Fitzgerald did, of course, have a duty to keep his investigation secret during grand jury proceedings, according to the rules. He did not have the power to order witnesses at those proceedings not to disclose their testimony or tell what they knew. Instead, Mr. Fitzgerald requested Messrs. Armitage and Powell to keep quiet about the leaker’s identity–a request they understandably treated as an order. Why the prosecutor sought this secrecy can be no mystery–it was the way to keep the grand jury proceedings going, on a fishing expedition, that could yield witnesses who stumbled, or were entrapped, into “obstruction” or “lying” violations. It was its own testament to the nature of this prosecution–and the prosecutor.”
The prosecutorial misconduct of Fitzgerald is well established by several legal experts. A lawyer herself, Clarice Feldman of American Thinker wrote a letter in 2006 to the Office of Professional Responsibility citing several points of his conduct.
Perhaps it’s time the DOJ took a real look into Patrick Fitzgerald’s conduct during the Plame Game. If every a case of prosecutorial misconduct occured there is more than enough evidence for it.
UPDATE: If this is what passes for a snappy comback from the Fitzgerald adoring left - he’s screwed.
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Linda
June 23rd, 2007 at 6:39 am
1His new name is Fitzfong.
Bobby
June 23rd, 2007 at 9:56 am
2Fitzfong? Apropriate.
Kudos and thanks to Clarice Feldman and Mac for staying with this, throughout. Great coverage at americanthinker.com
Notice the appeal brief item about denying Andrea Mitchell as a witness. It would have been key testimony. She blurted out on network TV that journalists already knew Plame’s identity and occupation. Slick how she was never put under oath.
Plenty more maneuvers like that suppressed the fact that Plame’s identity was out before the infamous Novak column. There was no crime committed. It will become clear that this travesty is a political lynching with many hands pulling on the rope.
I hope Pres. Bush does not commute or pardon Libby. Difficult as it will be for Libby, Mr. Fitzfong and activist Judge Reg. have a lot of “splainin” to do. And they’ve started already, very, very worried about the appeal. Squirming around with extra, after-trial self-justifications. “Er, Ahhem, Mmfff, Ahhh, Ummm, what I really meant by that was…” They’re sounding like Andrea “Oh, I mis-spoke” Mitchell. (BTW, you remember Andrea; not that it’s germaine, but she’s the brilliant national correspondent who exclaimed “Indeed Brian,” when Mr. NBC likened terrorists in Iraq to American patriots during the Revolution.)
Indeed, Brian, while the body swings in the wind, the perps are scrambling for cover, from Fitzfong to Walton, from CIA to DOJ to the left wing media. Anybody hear anything from David Korn, lately? Don’t see him on the shows anymore. And where have Colin Powell and his henchman Armatage been? They told Fitzfong they were the leak. Hmmm.
Yep, it was a lynching. And they almost got away with it. But, check out the points to be appealed, including the very constitutionality of Fitzfong’s appointment, and the failure to call Mitchell. The fun may just be beginning.
clarice
June 23rd, 2007 at 10:00 am
3If he commutes this outrageous sentence he can still leave Libby some sentence so he can appeal it. If he respites it–that would simply leave him out on bond pending appeal should the Ct of Appeals not overturn the trial court’s refusal to allow Libby to remain free pending the appeal.
I will be furious if the President doesn’t take whatever action is necessary to prevent this outrage from continuing.
Bobby
June 23rd, 2007 at 10:40 am
4Yikes, Clarice, how did you do that so quickly?
Ok, ok, “I mis-spoke, Brian.” Your formula would leave an appeal open. That would be the best option if the Pres. does anything at all.
I agree: it is beyond outrage, even. But there will be no justice without the appeal. Walton is the closest thing I’ve seen in a long time to a prejudicial judge. By the size of his “errata” issuance, he must think so too. Fitzgerald, of course, was out of control. The appeal will draw these travesties out for the world to see. For the sake of the country, I hope the entire game will be exposed and enshrined in Federal evidence for law professors to point to for centuries to come. But I certainly wish, like you, that Libby is given speedy relief from his suffering.
But it seems to me imperative that this lynching be officially overruled, not just pardoned, to the disgrace of all perpetrators, and the mortification of the complicit media.
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