To: one_less who wrote (1607 ) 7/14/2005 1:46:47 AM From: wonk Respond to of 542303 I would compare this event more to 'Travelgate' than the other stuff… I’ve already noted why I think it’s more serious than Travelgate.Message 21494825 Nevertheless, let me put some more flesh on it. Deputy Attorney General James Comey was appointed in October 2003, 3 months after the story broke. In researching his background he comes across as an apolitical straight shooter. In December 2003, Ashcroft recused himself and Comey appointed Patrick Fitzgerald as Special Prosecutor (not necessarily an accurate term in this case as I understand it). This is how it was described at the time: …Attorney General John D. Ashcroft recused himself today from a politically charged investigation into the leak of an undercover CIA officer's identity and his deputy announced the appointment of a special prosecutor in the case. The probe into the disclosure of CIA employee Valerie Plame's name to a newspaper columnist will be overseen by U.S. Attorney Patrick J. Fitzgerald of Chicago, who will act as a de facto attorney general on the case and will not be required to consult Ashcroft or other senior Justice officials while conducting the investigation, officials said…. Deputy Attorney General James B. Comey, who announced the decisions at a news conference, said "the issue surrounding the attorney general's recusal is not one of actual conflict of interest that arises normally when someone has a financial interest or something. The issue that he was concerned about was one of appearance. . . . That's the reason he decided, really in an abundance of caution, that he ought to step aside." Comey also said "it's fair to say that an accumulation of facts throughout the course of the investigation over the last several months has led us to this point." But he said officials could not provide details because "we don't want people that we might be interested in to know that we're interested in them. We also don't want to smear somebody who might be innocent and might not be charged." It was Comey's decision to name a Justice department official to lead the investigation rather than have an independent special counsel as many Democrats had demanded. He said Fitzgerald would operate more quickly and have fewer restrictions on his investigation than an outside prosecutor…. peaceredding.org While we were turning into an election year, and there was the typical – but not too loud – calls by Democrats for a Special Prosecutor, Ashcroft backed out. Certainly no one could force him to back out, so he did so on his own volition. Curious if there was no “fire.” So Ashcroft recuses to Comey and Comey appoints Fitzgerald, who also has a reputation as apolitical and a straight shooter. Which ultimately leads us to the Appellate Court decision denying the reporter’s claims of privilege. Note what Judge Tatel wrote in her separate opinion (and you can tell by reading her opinion that she really wanted to find with the reporters but ended up writing for posterity):…Applying this standard to the facts of this case, and considering first only the public record, I have no doubt that the leak at issue was a serious matter. Authorized “to investigate and prosecute violations of any federal criminal laws related to the underlying alleged unauthorized disclosure, as well as federal crimes committed in the course of, and with intent to interfere with, [his] investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses,” see Letter from James B. Comey, Acting Attorney General, to Patrick J. Fitzgerald, United States Attorney, Northern District of Illinois (Feb. 6, 2004)… 72.14.207.104 Let me repeat that again:… as well as federal crimes committed in the course of, and with intent to interfere with, [his] investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses,”… Note also that the date of the letter to Fitzgerald was 5 weeks after his appointment. Time will tell. ww