Something has been bugging me

[ProSense]

I hope the Bush cabal isn't going to pull a fast one. When Fitzgerald was appointed Kerry kept stressing the need for a special prosecutor.

Reports:

Fitzgerald will not have a separate budget for the probe; he will use existing Justice resources. That will make it difficult to assess the investigation's cost.
http://www.usatoday.com/news/washington/2003-12-30-cia-leak_x.htm

But Democratic presidential candidate John Kerry said that an outsider with no political ties to the White House should run the probe.
http://www.usatoday.com/news/washington/2003-12-30-cia-leak_x.htm

Now this:

Judge Won't Dismiss Case Against Libby

Judge Refuses to Dismiss Indictment Against Former Cheney Aide in CIA Leak Case

By TONI LOCY
The Associated Press

Snip...

Then-Attorney General John Ashcroft had recused himself from the investigation because of his White House contacts. James Comey, who was deputy attorney general at the time, appointed Fitzgerald, giving him wide berth to conduct the investigation into who leaked the identity of CIA officer Valerie Plame to reporters in 2003.

"This case provides the clearest example of why such broad discretion is necessary," Walton wrote. "Here, the attorney general believed there was a conflict of interest ... It was, therefore, entirely appropriate for the attorney general to remove himself completely from the investigation."

Snip...

Walton said Comey made the legal analysis more difficult by failing to appoint Fitzgerald under Justice Department rules for special prosecutors. As a result, the judge said he had to rely on a series of letters Comey wrote to Fitzgerald outlining the CIA leak investigation.

The judge concluded that Fitzgerald's powers are limited because he can be removed by the Justice Department. Walton also said Fitzgerald's authority will expire when the CIA leak investigation and resulting prosecutions are concluded.

more...

http://abcnews.go.com/Politics/wireStory?id=1898424&CMP=OTC-RSSFeeds0312

[TayTay]

1. ??? What is bugging you.

Sen. Kerry didn't care for Patrick Fitzgerald's appointment at the time. It looked and felt like a whitewash appointment. That is not the case. I bet (though I don't know, of course) that the good Senator would take those words back. Fitzgerald has been diligent, thorough and fair.

[ProSense]

2. No that's not it! (edited)

It's in the last two paragraphs where it states that Comey didn't apply special prosecutors rules to Fitzgerald so he's under Justice Department and they can remove it at any time, and his investigation is limited to the leak.

It seems they would not have been able to do that if he had been given special prosecutor powers, not just an independent counsel. It also makes me wonder about Edwards' call for expanding Fitzgerald's power, which it now appears only the Justice Department can do. It seems a special prosecutor would have had more far reaching powers independent of the WH.


Edited to add: My feeling is that Kerry knew this, which is why he called for a special prosecutor, and it wasn't about Fitzgerald so much as the power to dig deeper---expand the probe.

[ProSense]

3. Check this out!

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=364&topic_id=1046701&mesg_id=1046701

[TayTay]

4. They said this in 2003

From the Boston Globe, 12/31/03 Charlie Savage:

In his new assignment, Fitzgerald will have broad authority but his powers will not extend as far as that of the now-expired post of independent counsel established after Watergate. While such counsels were much freer to expand the scope of their investigations - which is how Starr was assigned to probe President Clinton's Whitewater land deal but ended up looking into the Monica Lewinsky affair - Fitzgerald must limit himself to his defined jurisdiction.

In addition, while independent counsels would report only to a panel of judges, Fitzgerald will continue to answer to Justice Department officials. Comey emphasized that he has delegated all his decision making oversight to Fitzgerald, though he acknowledged he could revoke that authority if he wanted to do so.

"Mr. Fitzgerald alone will decide how to staff this matter, how to continue the investigation, and what prosecutive decisions to make," he said. "In addition, in many ways, the mandate that I am giving to Mr. Fitzgerald is significantly broader than that that would go to an outside special counsel."

The move was called long overdue by Democrats who have called for Ashcroft to recuse himself and appoint a special outside counsel to ensure that the investigation would be "thorough and fearless" even if it touched powerful people in the administration. That the special prosecutor remained a Justice Department official, however, drew fresh fire.

Comey and Fitzgerald "are both Bush political appointees and carry the same baggage as John Ashcroft," said Senator John F. Kerry, Democrat of Massachusetts, a presidential candidate. "All three serve at President Bush's pleasure. . . . The president must direct the immediate appointment of a special counsel who is not a political appointee and who is in no way beholden to the fortunes of his administration."

But other Democrats praised Comey and Fitzgerald for their reputations for fairness.

"It is not everything we asked for, but it's pretty darned close," said Senator Charles Schumer, a New York Democrat who was the first to call for an outside prosecutor. "In effect, this is very close to the special counsel we asked for. The autonomy that US Attorney Fitzgerald has been given and Deputy Attorney General Comey's previous assurance that he will report to Congress should any area of the investigation be blocked, in effect, makes US Attorney Fitzgerald a special counsel, albeit one within the Justice Department."

[TayTay]

5. This also begs the question: Do you want Ken Starr back?

There was an obvious abuse of power in that Independent Counsel's office. Starr spent millions invetigating a private matter and he was in obvious political cahoots with the Rethuglican leadership in Congress.

That was not a good thing. This was *a* solution, not *the* solution. And Fitzgerald has been an excellent and diligent prosecutor.

[ProSense]

7. The good thing about Fitzgerald

is he is one of their own, so he wouldn't have been accused of partisanship. IMO, we certainly needed a special prosecutor to take on this deceitful and criminal administration.

[ProSense]

6. That's it!

Fitzgerald went on to do a superb job. Imagine if he had the power, independent of the Justice Department, to expand the probe to Iraq as Edward requested.

[TayTay]

8. Not a good deal.

There were severe problems with the Independent Prosecutor Law. These were spectacularly revealed with the Ken Starr investigation of Bill Clinton.

I am glad that law sunsetted. Abuse was inherent in that system.

BTW, this is still shirking Congress' responsibility to do their Constitutionally mandated job of providing oversight on the Exeuctive Branch. There is only so much that you can outsource to Justice.

[ProSense]

9. You're probably right

about the special prosecutor, and definitely right about Congress shirking its duty. In fact, Roberts needs to move forward with Phase II of the Iraq inquiry.