Walton Gives Fitzgerald a Way Out

MSNBC is reporting that Judge Reggie Walton essentially threw Special counsel Patrick Fitzgerald a lifeline to get out of the Libby trial.
The judge in the CIA leak case ruled Thursday that if Special Counsel Patrick Fitzgerald feels that admitting certain classified documents at the upcoming trial of I. Lewis "Scooter" Libby can jeopardize national security, Fitzgerald can then move to dismiss the perjury charges against Libby.
I can't imagine Mr. Fitzgerald not taking this lifeline considering how much he's been battered in the press lately. He's in a can't win situation and he knows it. If that isn't bad enough, The American Thinker's Clarice Feldman sent the DoJ a letter recommending that they investigate Fitzgerald's conduct in the Plamegate investigation. Here's the 'eyegrabber' section of Ms. Feldman's letter:
I am writing to suggest that if one is not underway yet, it is long past due to undertake an investigation into the circumstances of the appointment of Patrick Fitzgerald and the way in which he has conducted this matter.

As to more specific references to inappropriate conduct not outlined there, I draw your attention to his statements in the press conference announcing the indictment and particularly ask that you read those statements in light of recent developments: It is now apparent that Mr. Fitzgerald knew from the outset of his appointment that the source of the "leak" to Robert Novak was Deputy Secretary of State Richard Armitage. In spite of this, Mr. Fitzgerald appears to have never fully explored with Armitage whether Armitage had spoken to other reporters in addition to Novak, although it is now known that Armitage spoke about Plame to at least one other reporter, Bob Woodward, and quite possibly other reporters who have testified before the Grand Jury. That conversation happened a full month before the Novak article was published.
Frankly, this letter, now made public, has to have Fitzgerald worried because it's now out in public that attorneys think that he hasn't conducted himself in an ethical way. I'm not an attorney but I'd have to wonder if this letter isn't the reason why Judge Reggie Walton a way out. At minimum, Fitzgerald will be answering alot of questions about his conduct during this investigation. Some of those questions might be:
  • why he needed to impanel a grand jury for the Plamegate investigation when he knew that Richard Armitage was the leaker from the day he was named.
  • why he needed to hold Judith Miller in contempt of court for an investigation that shouldn't have happened
  • why Fitzgerald threatened throwing Matt Cooper in jail for contempt
  • why he called Karl Rove before the grand jury 5 times when Fitzgerald had the answers to all the important questions long before Rove testified the first time
  • why didn't Fitzgerald tell announce that there weren't any violations of the IIPA or the Espionage Act at his November press conference and close up shop?
If Mr. Fitzgerald was interested in doing the right thing, he'd end this charade and fade into obscurity. Let's hope he's interested in the right thing. After this investigation, I'm sure Mr. Libby can appreciate what Ray Donovan said after getting indicted then cleared of the charges "Where can I go to get my reputation back"?

That's a question Mr. Fitzgerald should have to answer.



Posted Thursday, September 21, 2006 11:24 PM

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