Fitzgerald One of Them?

[revree]

Media is a Plural
November 2, 2005
Mr. Inside Goes to Washington

Here’s a quick quiz for all you Plamegame experts: What actually are the Justice Department regulations regarding the appointment of ‘special’ prosecutors such as Patrick Fitzgerald?

Here’s a hint: DOJ’s own rules were ignored in December, 2003 by then Deputy Attorney General James B. Comey when (acting on behalf of then-Attorney General John Ashcroft, who recused himself owing to past ties with presidential adviser Karl Rove) Comey gave the special counsel job to his old pal Fitzgerald.

Still stumped? Okay, let me tell you. Federal rules (namely Title 28 of the Code of Federal Regulations, Part 600.3) require the appointment of a prosecutor “selected from outside the United States government.” As United States Attorney in Chicago – one of the Bush Administration’s top Justice representatives in the Midwest – Fitzgerald hardly qualifies.

Comey was obviously aware of what he was doing when he ignored the rules to appoint Fitzgerald. In fact, when asked by Fitzgerald for clarification, Comey wrote in February 2004 that his conferral to Fitzgerald of the title Special Counsel “should not be misunderstood to suggest that your position and authorities are defined and limited” by the relevant regulation.

- snip -
Yet those rules were ignored by the Bush Justice Department, and the Bush Administration thus ended up with its own ‘inside’ man running the investigation. To date, that investigation has yielded only the minimum that would forestall a firestorm of criticism – the indictment of Scooter Libby on charges of covering up a crime that apparently never happened. No Karl Rove…no Dick Cheney…not even any answers to the most basic questions underlying the entire affair – who revealed Valerie Plame’s secret identity, and was that in itself a criminal act?

- snip-
http://www.roryoconnor.org/blog/index.php?p=146

ANY THOUGHTS OUT THERE ON THIS?

[indepat]

1. The proof will be in the pudding

[fasttense]

2. Yeah, at first I thought Fitzgerald was just slow, but now I have

my doubts. This delay until after the election looks phony to me and then to only indict Libby. I don't know, I know Fitzgerald said he wasn't finished and his style is to go very slowly, but at this rate the brush administration will be dead and gone before Fitzgerald decides to indict anyone on the real underlying crime.

[jrthin]

5. He had to take the

extra year. Journalists, instead of testifying, took their case to the Supreme Court, therefore delaying the case for a year. The people who should be blamed for the long delay: journalists.

[berni_mccoy]

3. I dunno... we may not want to push this issue

Mr. Fitzgerald has proven himself to have a high degree of integrity. I don't think the administration was expecting him push this case as far as he did.

[Punkingal]

4. He sure doesn't talk and act like one of them...

Maybe they just thought he was one of them. Personally, I think his only loyalty is to the law, as corny as that may sound.

[Greeby]

6. I doubt it would have got this far if it were run by a Bushie insider

Bushco is so arrogant, they don't care how it looks if an investigation goes nowhere

[myrna minx]

7. I agree. Fitz seems to have unimpeachable credentials.

The bushies would have not dragged this out for so long if it was guided by one of them. This has been so damaging for them.

[dogfacedboy]

8. Fitzgerald was also given this case

while he was in the middle of a couple of big cases here in Illinois.
I'm sure he's a busy dude. All indications suggest he's a pretty straight shooter.

[babylonsister]

9. No, I don't believe so. He's

smart, methodical, and I think he's trying to flush out more info. I refuse to think ill of Fitz; he's like a breath of fresh air.

[liam_laddie]

10. perhaps I'm in error here...

I don't think Fitzgerald's position is defined as a "special prosecutor." IIRC, the regulation regarding "specials" has either expired or doesn't apply to this investigation; I think Fitz is working within the Justice Dept. framework, and not as an outside special prosecutor per Ken Starr. Please correct me if I'm mistaken. GO FITZ!

[H2O Man]

12. You are correct.

This is more nonsense.

[ProfessorGAC]

13. Succinctly Stated!

Total rubbish, indeed. Fitzgerald has caused more problems for Republicans in the last 10 years than any prosecutor in the country. He is a big fish prosecutor and he's not done yet.
The Professor

[H2O Man]

15. It also requires

that a person suspend memory of the appeals by Cooper and Miller. It ranks with the comic book hero "citizen spook" and other nonsense that requires a lobotomy to believe in.

[underpants]

14. You are confusing Special Prosecutor with Independent Counsel

I think

Special Prosecutor is not a new rule or law. Archibald Cox (Watergate) was a Special Prosecutor.

The Independent Counsel law expired in 2001.

[TahitiNut]

18. Fitzgerald is a "Special Counsel" and is subject to 28 CFR § 600.3

The phrases "Independent Prosecutor," "Independent Counsel," and "Speical Prosecutor" don't technically apply.

[KittyWampus]

11. I Think Rory O'Connor Has Half Truths & Innuendo Going On There

and there's going to be attempts to get Democrats to start attacking Fitzgerald.

Putting this in the attempt at disinformation pile.

[goforit]

16. And the Judge for Libby's case.....picked by GHWB!!! CONFLICT!!!!!

[TahitiNut]

17. Title 28 of the Code of Federal Regulations, Part 600.3

§ 600.3 Qualifications of the Special Counsel.

(a) An individual named as Special Counsel shall be a lawyer with a reputation for integrity and impartial decisionmaking, and with appropriate experience to ensure both that the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions will be supported by an informed understanding of the criminal law and Department of Justice policies. The Special Counsel shall be selected from outside the United States Government. Special Counsels shall agree that their responsibilities as Special Counsel shall take first precedence in their professional lives, and that it may be necessary to devote their full time to the investigation, depending on its complexity and the stage of the investigation.

(b) The Attorney General shall consult with the Assistant Attorney General for Administration to ensure an appropriate method of appointment, and to ensure that a Special Counsel undergoes an appropriate background investigation and a detailed review of ethics and conflicts of interest issues. A Special Counsel shall be appointed as a “confidential employee” as defined in 5 U.S.C. 7511(b)(2)(C).

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&rgn=div5&view=text&node=28:2.0.4.5.1&idno=28#28:2.0.4.5.1.0.33.3

[Writer]

19. My thought? Rory needs to grow up.

Just because Fitzgerald didn't deliver precisely what WE wanted to see, doesn't mean that we need to start weaving speculative stories about the entire process that border on conspiracy. Fitzgerald indicted the VP's CHIEF OF STAFF for Pete's sake! That's HUGE!

Leave the politics up to politicians. Otherwise, let Fitzgerald do his job.