Fitzgerald reveals immunity gamble in CIA leak case

[sabra]

http://www.kotv.com/news/national/story/?id=118958

Fitzgerald reveals immunity gamble in CIA leak case

WASHINGTON (AP) _ Special Prosecutor Patrick Fitzgerald took a gamble three years ago that White House press secretary Ari Fleischer might break open his leak investigation.

As Fitzgerald's inquiry was heating up into who revealed CIA operative Valerie Plame's name to reporters, Fleischer stepped forward with an offer: Give me immunity from prosecution and I'll give you information that might help your case.

...

"I didn't want to give him immunity. I did so reluctantly," Fitzgerald said in court. "I was buying a pig in a poke."

...

The deal Fitzgerald made was unusual enough that Libby's defense lawyers questioned whether it could be true. They suggested that Fitzgerald got a secret summary of Fleischer's testimony _ a deal they want to discuss with jurors when Fleischer takes the stand against Libby on Monday.

Defense attorneys said they will ask U.S. District Judge Reggie B. Walton to force Fitzgerald to reveal what Fleischer promised him. Fitzgerald told Walton that no promises were made.

"We got no specifics," he said.

[Jackpine Radical]

1. I always thought they could offer contingent immunity...

sorta like, "This better be good, and it better be true, or we're gonna dip you back in the boiling oil."

[liberalnurse]

2. Fitz would NEVER make an offer

unless he already new exactly what he would get in return! :patriot:

[PATRICK]

3. Or

it could be defense strategy to delay, play and evade with the pardon trump always there for those who keep the show from actually pinning anyone. Time is on the side of those running out the clock who hold the trump card. The only real threat to loosen the rat pack is impeachment- no pardons- the rush for self-preservation from a truly sinking ship.

[AndyTiedye]

14. There Are No Pardons In The HAGUE

[goforit]

17. I love that pic of the boys behind bars, but would love to see Condi/Crystal

behind there too.

[soothsayer]

4. but if he's pleading the 5th, he ain't giving no testimony, is he?

[Jackpine Radical]

5. Once he's immunized, he CAN'T plead the 5th.

It automatically eliminates the possibility of self-incrimination.

[TlalocW]

6. So he bought a pig in a poke

And Ari is going to let the cat out of the bag? (Related sayings by the way - I feel clever)

So Ari might help bring down Cheney?

TlalocW

[Patsy Stone]

7. Well, I've always thought Ari was a pig

At least I know I'm not alone. :)

[demo dutch]

11. He's a pig however the defense will try to pin the whole thing on him, I'm sure that

he saw the writing on the wall when he resigned (he mentioned Plame days before) and refused to be the "fallguy"

[pdrichards114]

13. Ari is a snake, Scottie McClellan's the pig

[Scout1071]

15. Ari had a very young family.

No way he was going to go to prison for these guys.

But, he was definitely slimey.

[Rosa Luxemburg]

30. I would have thought in that case that

he would be more worried about what Boosh and Cheeney were going to do to him?

[Ian David]

8. I have a feeling Scott McClellan is going to spill his (giant) guts, too

Did you see Scotty's interview on The Daily Show the other day?

He told Jon, something along the lines of, "When they asked me, I said, 'The Vice President assures told me that he was not involved,' and I phrased it that way very deliberately. Because I was just relating what Dick Cheney told me."

[lovuian]

9. I agree to that also Scottie seemed pretty relaxed on Daily show

like he wasn't going to play the fall guy

[demo dutch]

10. Fleischer quit because he saw the writing on the wall ... I'm sure!

The defense will try its best to pin the whole thing on Fleischer

[Garbo 2004]

16. Fleischer announced he was quitting in May 2003, well before the Plame thing. He

was a short timer, he'd announced his plans to leave that summer and did.

[The Roux Comes First]

12. Is Fleischer still vulnerable on the issue of non-disclosure

regardless of any immunity to prosecution he may have been offered in the context of Fitz' investigation?

I can't imagine that merely resigning your government position would serve to shield a person from prosecution for violating the terms under which he was granted a security clearance. I would think that jeopardy would follow you almost anywhere.

[Big_Mike]

31. I wouldn't say that any more.

Worked real well for Sandy Berger.

[Heidi]

18. Kick.

:kick:

[DoYouEverWonder]

19. Lawyers probe Fleischer's immunity deal

Jan 27, 2007

WASHINGTON - Attorneys for former vice presidential aide I. Lewis "Scooter" Libby want more information about an unusual immunity-from-prosecution deal that government lawyers gave former White House spokesman Ari Fleischer in the CIA leak case.

Special Prosecutor Patrick Fitzgerald says that in early 2004, as his investigation was heating up into who revealed CIA operative
Valerie Plame's name to reporters, Fleischer stepped forward with an offer to prosecutors: Promise no prosecution and he would help their case.

Fleischer acknowledged being one of the leakers, but he wouldn't say a word without a promise of immunity.

Prosecutors normally insist on an informal account of what a witness will say before agreeing to such a deal. It's known in legal circles as a proffer, and Fitzgerald said Thursday that he never got one from Fleischer, who was chief White House spokesman for the first 2 1/2 years of President Bush's first term.

http://news.yahoo.com/s/ap/20070126/ap_on_go_pr_wh/cia_leak_trial

[The Backlash Cometh]

20. Is there a possibility that they can strip Ari of his immunity?

Oh, how I would love to vote him off the island, but he would not be the first I'd want to see go.

[Kagemusha]

21. So the defense team basically accused Fitz of lying about this?

if I'm reading this right.

[Garbo 2004]

22. Yeah. But Libby's lawyers have already pissed off Walton with their games. Leading Walton to state

in open court, according to the live bloggers, that Fitz was one of the most scrupulous prosecutors Walton had ever dealt with. (The jury wasn't present at the time as I recall.) Rather amazing.

Libby's lawyers want Walton to force Fitz to produce something Fitz says doesn't exist? Sure they want to discredit Ari's testimony. But Swopa at FDL suggests there may be something more, a ploy perhaps to learn what other info Ari provided to Fitz? http://www.firedoglake.com/2007/01/25/reflecting-on-what-weve-learned-1-25/

[Kagemusha]

23. Thanks. Been trying to keep up with FDL.

I found out about that blog because of Libby in the first place, IIRC, and I'm impressed by the live blogging here. It's a milestone, and has yet to be fully appreciated as such.

At any rate, I just wanted to make sure my context was right because I read that Walton quote about Fitz, which um, which validates what I've said about him for years, based on all I've heard from FDL and other places, so I'm kinda happy to see it. :)

[bleever]

24. Lawyers probe Fleischer's immunity deal -- AP

http://news.yahoo.com/s/ap/20070127/ap_on_go_pr_wh/cia_leak_trial;_ylt=AupTjfpQt4PruE5Dz9N7lvQGw_IE;_ylu=X3oDMTA3OXIzMDMzBHNlYwM3MDM-

By MATT APUZZO, Associated Press Writer Sat Jan 27, 5:43 AM ET

WASHINGTON - Attorneys for former vice presidential aide I. Lewis "Scooter" Libby want more information about an unusual immunity-from-prosecution deal that government lawyers gave former White House spokesman Ari Fleischer in the CIA leak case.

Special Prosecutor Patrick Fitzgerald says that in early 2004, as his investigation was heating up into who revealed CIA operative Valerie Plame's name to reporters, Fleischer stepped forward with an offer to prosecutors: Promise no prosecution and he would help their case.

/snip/

Prosecutors normally insist on an informal account of what a witness will say before agreeing to such a deal. It's known in legal circles as a proffer, and Fitzgerald said Thursday that he never got one from Fleischer, who was chief White House spokesman for the first 2 1/2 years of
President Bush's first term.

"I didn't want to give him immunity. I did so reluctantly," Fitzgerald said in court Thursday. "I was buying a pig in a poke."

Defense attorneys are skeptical. Fleischer is expected to testify Monday against Libby, who is accused of lying and obstructing Fitzgerald's investigation. Attorneys are preparing court documents demanding to know exactly what Fleischer promised in exchange for immunity.

(more...)

[phoebe]

25. wonder if this also may have something to do with his brother working in Iraq at the

beginning of the "war" (read invasion) of Iraq when looting etc. was the norm. Every DUer knows FLIEscher is one of the lowest forms of human being and we sincerely hope he gets what he deserves..

[aquart]

26. Skeptical about what?

Do they really think they can sell FITZ as a liar? After the JUDGE praised him? Libby really has no defense at all, does he?

[bleever]

27. Team Libby suspects that Ari told Fitz how he would testify,

and that Fitz hasn't shared that.

So to answer you last question, it looks more and more like the answer really is No.

[DoYouEverWonder]

28. Libby's only defense

is to slime everyone else. Some of the backwash is bound to hit Fitzgerald.

[Rosa Luxemburg]

29. do we expect Fleischer to tell the truth?

I doubt it?