Let's Make a Deal : The Legalese of PlameGate
Reuters is speculating that Special Counsel Patrick Fitzgerald may be offering putative defendants one last chance to make a deal in the Valerie Plame investigation.
The prosecutor investigating the outing of a covert CIA operative has yet to say whether he will bring charges, but he has decided to announce decisions in the case in Washington rather than Chicago, where he is based, his spokesman said on Monday....It is unusual for Fitzgerald's office to offer comment on any aspect of the case and Monday's statement led some observers to wonder if it might be a signal that a decision was imminent or that Fitzgerald was trying to increase pressure on potential targets to cut a deal.
It has to be a tempting offer for several of them.
The first reason is the expense of an Indictment. Those under the gun are not elected officials. Unlike Tom DeLay, and perhaps Karl Rove, for whom the radical right might spring to life, they may not be able to raise a significant amount of outside defense funds. It's one thing to represent someone pre-indictment in a criminal investigation. It's another to represent them post-indictment. I would guess anyone indicted in this case is looking at a minimum of hundreds of thousands of dollars in legal fees. Many will be tempted to cut their losses now, particularly if they can plead to a misdemeanor, rather risk a felony conviction and mortgage their families' future.
-SNIP-
This is the week that all of the subjects facing Indictment will be faced with their "come to Jesus" moment. Spouses will be telling them to cut their losses and think of the family. They will be forced to juxtapose their loyalty to the Administration with their loyalty to their families and their interest in self-preservation.
My experience tells me that only those who truly believe they are innocent -- and those whom Fitzgerald advises are looking at felonies and jail time even with a deal -- will hold out.
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