Hang Right Politics

Posted by Kathy on February 18th, 2007 in Justice, Joe Wilson, Outrage, The Pinocchio Press, Legal

A sizzling article in today’s Washington Post by Victoria Toensing hands down several indictments in the Libby case. I soundly agree on each count of her indictments - guilty on all charges. Fitz, the media, the CIA, and Wilson himself - all guilty - story here:

There’s a reason why responsible prosecutors don’t bring perjury cases on mere “he said, he said” evidence. Without an underlying crime or tangible evidence of obstruction (think Martha Stewart trying to destroy phone logs), the trial becomes a mishmash of faulty memories in which witnesses can seem as guilty as the defendant. Any prosecutor knows that memories differ, even vividly, and each party can be convinced that his or her version is the truthful one.

If we accept Fitzgerald’s low threshold for bringing a criminal case, then why stop at Libby? This investigation has enough questionable motives and shadowy half-truths and flawed recollections to fill a court docket for months. So here are my own personal bills of indictment:

THIS GRAND JURY CHARGES PATRICK J. FITZERALD with ignoring the fact that there was no basis for a criminal investigation from the day he was appointed, with handling some witnesses with kid gloves and banging on others with a mallet, with engaging in past contretemps with certain individuals that might have influenced his pursuit of their liberty, and with misleading the public in a news conference because . . . well, just because. To wit:

· On Dec. 30, 2003, the day Fitzgerald was appointed special counsel, he should have known (all he had to do was ask the CIA) that Plame was not covert, knowledge that should have stopped the investigation right there. The law prohibiting disclosure of a covert agent’s identity requires that the person have a foreign assignment at the time or have had one within five years of the disclosure, that the government be taking affirmative steps to conceal the government relationship, and for the discloser to have actual knowledge of the covert status.

From FBI interviews conducted after Oct. 1, 2003, Fitzgerald also knew that then-Deputy Secretary of State Richard L. Armitage had identified Plame as a CIA officer to columnist Robert D. Novak, who first published Plame’s name on July 14, 2003.

· In January 2001, Libby was the lawyer for millionaire financier Marc Rich, whom President Bill Clinton pardoned shortly before leaving office. Fitzgerald, who was then an assistant U.S. attorney in the southern district of New York, and U.S. Attorney James Comey spearheaded the criminal investigation of that pardon.

· Fitzgerald jailed former New York Times reporter Judith Miller for almost 90 days for not providing evidence in a matter that involved no crime. Yet the two were engaged in another dispute: Fitzgerald wanted Miller’s phone records, contending that by contacting an Islamic charity, she had alerted it to a government search the day before it happened.

· Fitzgerald granted immunity to former White House press secretary Ari Fleischer without ever asking what he would testify to; he permitted NBC News bureau chief Tim Russert to be interviewed in a law firm office with his lawyer present, while Novak was forced to testify before the grand jury without counsel present.

· Armitage, like Bush adviser Karl Rove, forgot one conversation with a reporter. Fitzgerald threatened Rove with prosecution; Armitage bragged that he didn’t even need a lawyer.

· In violating prosecutorial ethics by discussing facts outside the indictment during his Oct. 28, 2005, news conference, Fitzgerald made one factual assertion that turned out to be flat wrong: Libby was not “the first official” to reveal Plame’s identity.

Read the whole thing.

A crime was committed but it is the not the crime prosecuted, it’s the wholesale fraud that the Libby case has anything at all to do with justice, national security, or even perjury.