How credible is this guy?

[shraby]

He says Fitzgerald can't be fired or replaced in the Plame investigation.

<http://citizenspook.blogspot.com/>

[SteppingRazor]

1. He's wrong.

Unless he's just refering to the fact that Bush can't fire him because he can't afford the political fallout.

But as far as a legal matter, Fitzgerald can be fired anytime. It would fall on Alberto Gonzales to do the deed.

[shraby]

3. Did you read the whole article?

He says when Comey appointed Fitzgerald to the job, he gave him full authority and made it so he didn't have to get approval for any direction his investigations took.

[H2O Man]

10. Gonzales

has recused himself, due to the fact that he was interviewed. Hence he could not.

[SteppingRazor]

16. So then it would be Deputy Atty. Gen. James Comey...

Failing that, the Associate AG or the Solicitor General would handle the ax.

[papau]

2. Easier than that - Fitz's appointment ends in Oct - just do not reappoint

get a new guy in and say there was no firing.

[shraby]

4. His appointment to the Illinois post is

what expires in October, not his job as prosecutor for the Plame case. These are two different and separate things.

Read the article!! He lays it out with the appropriate laws.

edited to add.

[papau]

17. Thanks for the heads up- I thought the Illinois grand jury required an

Illinois procesutor, and that Federal DA appointments were term limited.

Got that wrong I guess because I forgot he was not just a DA, he is also "Special Counsel"

Thanks for the heads up!

[H2O Man]

11. Actually

the grand jury's term is scheduled to end in October. He could ask the judge for another extension. That is the judge's call, not the DoJ's.

[lala_rawraw]

5. Yes, he can... think Nixon n/t

[shraby]

6. Apparently Comey was thinking of Nixon

when he appointed Fitzgerald...like I said, read the article.

[H2O Man]

13. Nixon was able to

because of an error Cox made. Of course, the error was not the real reason he was fired, but it allowed for cause. There is no evidence that Fitzgerald will make such an error.

[mohinoaklawnillinois]

7. First of all, Pat Fitzgerald has been coming down very hard

on pols here in Illinois. First the former Republican governor George Ryan and now he's going after a lot of very well connected people to Richie Daley's administration in the City of Chicago.

Since we in Illinois no longer have a Republican Senator, I would imagine Fat Denny Hastert, Speaker of House, is the guy who would have the most to say about who is going to replace Fitzgerald as the US Attorney for the Northern District of Illinois, if Fitz is going to be replaced.

I wouldn't put anything past "Fat Denny". He's Bush & DeLay's toady, nothing less, nothing more.

And if anyone on DU thinks that Daley and Hastert don't work together, I have a bridge to sell....

edited for typo

[H2O Man]

15. That plays no role

in the Plame case, however. The two are distinct.

[Connie_Corleone]

8. Well, I tried to read it, but

my computer started screwing up when I went to the website. Can you post a paragraph or two?

[SteppingRazor]

9. Same here. My computer crashed when I tried to open the site...

My earlier post was just what I know of the special prosecutor's office. And from I know, I'm 99.99% sure he can be replaced at any time.

[shraby]

12. It takes a long time to load and

I can't seem to copy/paste from it. I'll try something else and get back.

[TacticalPeek]

14. Much is quoted in this thread.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=132&topic_id=1995748&mesg_id=1995748

[H2O Man]

18. It's not an issue.

Fitzgerald isn't going to be fired or replaced on the Plame case. I do not agree with the person's stance that it absolutely could not happen -- there are two potential circumstances that would allow for it. First, if he made an error in going beyond the scope of his investigation, as Cox did in a minor way in Watergate. (Clearly, that was not why Nixon fired him, though it gave him cause.)Second, the president could force the issue through whoever has oversight, though as Dean points out in "Worse Than Watergate," Jim Comey "delegated his authority to investigate (which is the authority of the attorney general, since Ashcroft's withdrawal) to Fitzgerald, but the Justice Department is unwilling to release the formal delegation of authority." (page 173)

Two other huge factors: {1}this is being heard by a federal grand jury, and they aren't going to fold, as Nixon hoped would happen early on when he wanted to fire Cox; and {2} a federal judge who is entirely familiar with the case now is in a position to determine what will happen in the investigation.

There are serious issues involved. If Bush tried to "fire" Fitzgerald, he would have a big conflict on his hands. He would, I believe, be able to, but at a cost he cannot afford.

The administration will resort to other tactics to try to control the amount of damage done. This will be coordinated with efforts at damage control on the neocon spy scandal (Franklin goes to trial on 9-6!). But it seems less likely that Bush would try to get rid of Fitzgerald. (I obviously could be wrong. I often am.) I think they will attempt to play the "national security" card.

[shraby]

19. National security is what the whole

outing of Plame is about. The only time they seem to worry about national security is when their behinds are in a sling.