The genius of Fitzgerald and the criminal justice system

[burythehatchet]

The betrayal of America by the executive branch of government, aided and abetted by the legislative branch is one of the remarkable chapters in the history of America. One incredible aspect of how this is all going to end, is the path that Special Counsel Patrick Fitzgerald has taken, within the framework of the US criminal justice system.

This whole affair was supposed to be one of the dozens of impeachable offenses that would remain suppressed. The cloud of fear and retribution in the service of the people of the United States was palpable. So how did this crime get exposed? There are many fascinating aspects of the case, but the most critical component of this puzzle must certainly be the steady grind of the wheels of justice. Justice when it is practiced constitutionally by non-partisans.

The key to this whole affair has been the net that Fitzgerald skillfully cast to get as many officials on the record, under oath, and without ANY public shenanigans. By getting every one of the bastards under oath, Fitzgerald basically presented the perps with the horrible reality that every public utterance was now a potential obstruction charge...and we know that republican shitheads never lie in public.

I am not a lawyer, and I have had much disdain for many of the shady practitioners of this profession, but today I supplicate to the lawyerly among us.
:toast:

[babylonsister]

1. I pray Fitzgerald's files are overflowing with

all kinds of juicy info to get these people into all kinds of deserved trouble. :bounce:

[snippy]

7. The Court of Appeals opinion in the Cooper/Miller case makes me think

that those files are overflowing with that kind of info. In that opinion Judge Tatel wrote a concurring opinion dealing with a possible journalist's privilege which the other judges were unwilling to recognize. In reaching the conclusion that any possible journalist's privilege concerning the identity of Cooper's source would be overcome by the grand jury's need for the information, Judge Tatel wrote:

Cooper asks us to protect criminal leaks so that he can write about the crime.
The greater public interest lies in preventing the leak to begin with. Had Cooper
based his report on leaks about the leaks—say, from a whistleblower who
revealed the plot against Wilson—the situation would be different. Because
in that case the source would not have revealed the name of a covert agent,
but instead revealed the fact that others had done so, the balance of news
value and harm would shift in favor of protecting the whistleblower. Yet it appears
Cooper relied on the Plame leaks themselves, drawing the inference of sinister
motive on his own. Accordingly, his story itself makes the case for punishing the
leakers. While requiring Cooper to testify may discourage future leaks, discouraging
leaks of this kind is precisely what the public interest requires.

. . .

Were the leak at issue in this case less harmful to national security or more vital to
public debate, or had the special counsel failed to demonstrate the grand jury’s need
for the reporters’ evidence, I might have supported the motion to quash. Because
identifying appellants’ sources instead appears essential to remedying a serious
breach of public trust, I join in affirming the district court’s orders compelling their
testimony.

http://pacer.cadc.uscourts.gov/docs/common/opinions/200502/04-3138a.pdf (Tatel, J. concurring opinion at pp. 82-83) (emphasis added)

Appellate Court judges typically write with a great level of precision. It is unlikely that Judge Tatel would have referred to "criminal leaks" or "the crime" or revealing "the name of a covert agent" unless he had concluded that the leaks violated the law. These comments by Judge Tatel follow the several pages of redacted material in his opinion. That redacted material almost certainly contained a great deal of Fitzgerald's arguments and evidence which were filed under seal and likely provided the basis for why Judge Tatel concluded a crime had been committed. In other words, Fitzgerald convinced Tatel that a crime had been committed.

I also found it interesting that Judge Tatel referred to "the plot against Wilson" as though such a plot was an established fact. Perhaps the reasons for that conclusion also were in the redacted material. Since Judge Tatel distinguished a hypothetical situation in which Cooper could have reported about "the plot against Wilson" (not "a possible or hypothetical plot against Wilson") I doubt that Tatel based his statement concerning the existence of such a plot on Cooper's or Miller's arguments and evidence. Instead, I think Judge Tatel based the statement on Fitzgerald's arguments and evidence. The reference to such a plot makes me think Fitzgerald is looking at the involvement of the WHIG in this case.

Based on Judge Tatel's statements, I think Fitzgerald is pursuing the case honestly and has a substantial amount of evidence of wrong doing. I also think he will indict several people on a variety of charges.

[burythehatchet]

10. WHIG

that says it all.

[babylonsister]

13. Thanks, Snippy! I had heard about Judge Tatel, but

had never read the quotes. Makes me think every person I see who supports Rove, the blivet, et. al., and who continue to misconstrue what's going on, should be held just as much at fault.

[immoderate]

15. WOW!

That's a great point! Thanks for blowing that open.

--IMM

[H2O Man]

2. Just as

one in ten lawyers graduated in the bottom 10% of their class, one in a hundred graduated in the top 1%. Fitzgerald is far and away in the top percentage of attorneys, who does honor to the legal profession.

[burythehatchet]

5. it really is a thing of beauty

I've been awed, especially since I've had to work against the worst kind of ambulance chasers who can leave a bad taste in anyone's mouth.

[Straight Shooter]

3. It is my understanding that Fitzgerald has a mind like a steel trap.

He also has what is described as a phenomenal memory. If you tell him one thing, someone else tells him another thing, it doesn't matter how much time passes, he knows almost in that instant where the contradiction is and with whom the contradiction lies.

edit oops

[burythehatchet]

4. Precisely

and the unwitting boobs kept entrapping themselves time after time. That's the good news. The bad news is that the result of all this has to be enforced, and the criminals have been building their bunkers for years.

[immoderate]

6. I wonder if there's a barrier to getting the public to grasp it.

The administration has been able to perpetuate the big lie for years now. You hear the public denial when Bush is attacked. Even the press is in on it.

Clinton benefited from this public loyalty, and I judge that was a good thing. Nixon was not likable, and had the war to contend with. And Republicans in those days were more independent.

We were surprised that Bush got reelected. He was obviously incompetent and duplicitous, and yet he got enough votes(?) to win.

Can we overcome the dissonance?

--IMM

[burythehatchet]

8. That's one of the interesting aspects of this.

Ken Starr made a public spectacle every day...remember his morning wolk to pick up the paper and talk to reporters with a cup 'o joe in his hand?...but we have heard nothing about this many months. In a way the dissonance has been on our part, when we walk amongst the general population. I really thought I would go crazy. So in effect he has tried them within the strict guidelines of the judicial process as opposed to the circus style favored by those who don't have a case.

Like I said before, the real issue will come in the enforcement phase. And as a non-sequitor, I get this strange feeling that John Kerry is more involved in this than we know. I don't know how and I have no reason to believe that except that this is how John Kerry would have prosecuted this case...piece by piece, like a skilled bricklayer.

[dansolo]

27. Kerry has nothing to do with this

Fitzgerald can manage on his own quite nicely. I will be disgusted if Kerry jumps in to try and take credit. This whole affair wouldn't have even happened if he and his ilk didn't vote for the damn war in the first place.

[ladjf]

30. Yes. Why would we think Kerry is doing anything for us now?

[ScamUSA.Com]

32. haha I thought you meant Kerry was implicated somehow

[H2O Man]

9. Yet there was

a significant gap between the arrest of the Watergate "burglars," the re-election of Nixon, and then the downfall. During that time, the media really didn't treat Nixon harshly -- not even fairly! He was given undeserved respect.

Get this past week's issues of Time and Newsweek, and today's New York Times. Things are really picking up. The major media knows that the shit is going to hit the fan. Keep in mind that in the past week, most of the leaks were by the attorneys for senior White House officials.

Things are to the point where I think at least one former high-ranking official, who served republican from Reagan to Bush, is going to leak more information that hurts Libby and Cheney. I believe he was a source of one thing in the recent Time, and that he has leaked a few things over the years. When the republican dam breaks, we're in business.

[immoderate]

11. I can see the qualitative difference.

Your and Burythehatchet's analysis are encouraging. It's apparent that Fitzgerald is working on a different level than Starr did.

I hope this prosecution can overcome the inertial ignorance of the compliant dumbed down public. I never used to be so cynical about the masses.

--IMM

[H2O Man]

14. I've reminded people

that as a young person, deciding what direction he wanted his life to go in, Fitgerald read about the Knapp Commission and police corruption. He read about an honest cop, Frank Serpico, who went up against a corrupt system. It would be an error for people to underestimate the influence this had on him.

[Pepperbelly]

20. It would be foolish too to not believe that Fitzgearld didn't take ...

Serpico's personal lessons to heart as well: be careful of those you work for and against. They can be one and the same.

[loudsue]

12. "When the republican dam breaks, we're in business."

O8) From your keyboard to God's ears, H20_Man! O8)

Let it be so!

:kick::kick::kick:

[H2O Man]

16. Hello!

How are you? Isn't the recent news encouraging?

[loudsue]

34. Hi!

:woohoo: YES!!! :applause:

And it's about time, dontcha know!

:hug: And I'm fine, thanks, H20 Man! Working all hours, but glad to be working again!

I've been mostly lurking to keep up....eating meals at the computer! And trying to jump in when I could.

Nice work on those Plame Threads...glad to see it's finally getting out there!

:kick::kick::kick:

[immoderate]

17. The goal must be to take back the house.

Is that too obvious? That's a formidable goal. But if there's a Dem in the Speaker's chair in 2006, the timing should be perfect. Apparently the House won't easily run out of charges to support an impeachment.

--IMM

[sleipnir]

22. And he's hung like a horse.

Or so I hear.



:evilgrin:

[Lannes]

18. Ill know he is for real when we some indictments and not small fish

Im encouraged though.

[zara]

19. cheney and bush are not under oath

[burythehatchet]

21. cheney and bush without the criminal infrasturcture are emasculated

several wars may have been prevented. I'll take that as a "win" for the good guys.

[Imagevision]

23. Until Fitz is finished with investigation? it's all wishful thinking

we already know what Bushco is capable of If things get heated up too much I think Bush will have Gonzalez fire Fitgerald even if just to cause another distraction -- or... an "uproar" which we're pretty much use to by now.

What are we going to do? post on DU ?? the outrage, these guyz make the mob look like saints!

[Stirk]

25. I think it's too late to fire Fitzgerald, myself. But if they do, you can

bet that Chris Matthews will call it a "shrewd move".

[H2O Man]

28. Gonzales can't fire Fitzgerald.

This has been explained to the person who keeps saying it. But he can't. When the person who appointed him to the position put Fitzgerald in charge, he delegated his authority. That was James Comey, who was put in charge when Ashcroft recused himself.

Further, Gonzales played a material role in the scandal. He can not fire Fitzgerald. There is no reason for the poster to continue to spread a bit of nonsense that isn't true.

[TacticalPeek]

33. Gonzales (not Gonzalez) cannot fire Fitzgerald - he recused himself.

Gonzales has no more authority to fire him than I do - none. All Alberto can do re: the Plame leak investigation is show up at the grand jury whenever Fitzgerald tells him to, and answer every question he is asked, unless he claims a privilege which so far he has not done. In terms of power in that relationship, Fitzgerald has it and Gonzales does not; for example, Fitzgerald has already compelled Gonzales' testimony before the grand jury and Gonzales complied in order to avoid Judith Miller's current fate.

How nice, I just reminded myself that Miller-Chalabi is still in the slammer.

:)

[mikehiggins]

24. Folks, lets not canonize this guy just yet, okay?

I mean, things look good and all that, but things have looked good before and Bozo and the Lying Circus still run Washington.

It is still necessary to organise so as to have a shot at taking some seats next year, and the White House in 2008. If these clowns are headed for jail by then, all the better, but there are still a lot of elections to be won before we can turn the U.S. around.

[Imagevision]

26. my sentiments exactly!

[Bullwinkle925]

29. I can hardly wait until October - but I am hoping that it is much sooner.

[Independent_Liberal]

31. I have a feeling something interesting is going to happen in October...

I don't know what, but I have a feeling it will be something good. I hope all goes well from now until then.