"TREASONGATE: Comey Clarifies Fitz's Plenary Authority "

[dbeach]

CS waves in on the busheviks legal dilemna's.

Will the unlimited wallet of poppy o get his beloved smirk out of yet another self-induced scandal??


http://citizenspook.blogspot.com/

"TREASONGATE: Comey Clarifies Fitzgerald's Plenary Authority
On August 8th, 2005, I wrote a very detailed legal analysis explaining why Fitzgerald cannot "legally" be fired by Bush or anybody in the DOJ as the "Special Prosecutor" for Treasongate offenses. I explained that Fitzgerald wears two hats, US Attorney for the Northern District of Illinois AND Special Prosecutor for the Plame leak investigation. As US Attorney he can be fired at any time by Bush.As Special Prosecutor he cannot be fired. Why? Read my August 8th, 2005 article for the detailed answer including extensive links.


Fitzgerald's plenary authority was delegated to him by acting Attorney General James Comey. Two official DOJ letters were used by Comey to establish Fitzgerald as the "Acting US Attoney General" in this matter. That means he is effectively the Attorney General for this case and he doesn't have to answer to anybody.

OK, but even the Attorney General can be fired by the President. This is true. So why can't Bush fire Fitzgerald even if Fitz is the Acting Attorney General with plenary authority?

That's where the Government Accountability Office (GAO) comes in. The DOJ made a very extensive argument to the GAO that Fitzgerald has all of the power of an Independent Counsel (like Ken Starr when he was investigating Clinton). Even though the Indepenent Counsel law has expired, DOJ argued that under this set of facts and this unique delegation of power from Comey to Fitzgerald, the GAO should recognize Fitzgerald as having all the power of an Independent Counsel so that unlimited funds could be released to Fitzgerald so this investigation could be properly conducted.The GAO bought this argument and granted the funds on this basis. "

castles made of bush sands go out to SEA EVENTUALLY.

SURE wish the high tide would hasten their much needed departure

[lovuian]

1. Its so funny how Congress has been circumvented byt the

Federal employees!!! The GAO CIA FBI MILITARY all the EMPLOYEES of the US are standing up to these corrupt regime!!!

Coincidence how the Independant counsel was out when Bush came in so he had a field day doing whatever he wanted and how the employees of the government found away to bypass the corrupt Republican congress!!!

[glitch]

2. God Bless Them

every one.

[texpatriot2004]

4. And the whole church said, "AMEN!" nm

[dbeach]

6. Comey resigned in AUG

Bush appointed Paul Mcnulty as #2 at DOJ..

worthr a read very short..

http://www.newsday.com/news/politics/wire/sns-ap-bush-justice-nominee,0,1192792.story?coll=sns-ap-politics-headlines

[texpatriot2004]

7. Thanks for the link. McNulty is investigating the AIPAC case, right

I think that's right. The one where L. Franklin pleaded guilty.

[dbeach]

11. Mac just bagged 3 Isreali spys..Franklin may have been the biggie

seeling out the US to the the fascists in Isreal...
all these fasists are in on the sin.from bush to bliar to sharon..

all moving their police state agenda froward.

Its the upper levels of govt and big business working together as a corporat / govt unit with the power,wealth and the ability to enforce their every whim consolidated in their lil ole greedy hands..

[MADem]

14. NO NO NO!!!!!!!!!!!!! Please see here, McNulty has NO WEIGHT

Comey passed the ball to DAVID MARGOLIS (40 year DOJ veteran, has been there since LBJ) on 12 Aug, O5. McNulty is a Bush crony, he participated in the Clinton impeachment, he has been a GOP operative, he must RECUSE.

See this thread: http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=104&topic_id=5134801&mesg_id=5134801

[dbeach]

15. BUT Mcnulty Margolis NOR bush can fire Fitzgerald

suggest you read the entire CS recent articles of 10/22/05 and the past article of 8/8/05.

Its up to Mr. Fitzgerald ..not any of the croonies..

Fitz is gonna produce or we will know he too took the dirty money...

My money is onn CS interpretations of the law and on Fitzgerlad to do the right thing.

IF NOT been nice knowing ya



"Apparently, since the original delegation letters were issued, and the GAO decision came down, Comey was finally able to answer the question of whether he, or anybody taking his place at DOJ, could fire Fitzgerald or revoke his authority. And Comey has decided that Fitzgerald's authority cannot be retracted or modified .

I quote Comey's letter of August 12, 2005, written just before he resigned, delegating to his replacement the authority of deputy Attorney General:

"In the attached correspondence to Patrick Fitzgerald, United States Attorney for the Northern District of Illinois, dated December 30, 2003, and February 6, 2004, I delegated to Mr. Fitzgerald all of the authority of the Attorney General, with respect to the Department's investigation in the alleged unauthorized disclosure of a Central Intelligence Agency employee's identity. By virtue of the authority vested in me as Deputy Attorney General under the law...I delegate to you all of my authority as acting Attorney General with respect to that investigation and Mr. Fitzgerald's service as Special Counsel, as dilineated in that correspondence. This delegation to you in no way retracts or modifies the scope of the prior delegations of authority to Mr. Fitzgerald." "

[MADem]

16. I understand that, the Comey letter was my first cite in my discussion

of Margolis, in the other thread.

My point is that McNulty will not even be able to weigh in, or even try something along the lines of a Saturday Night Massacre, using a yet to be determined, convoluted legal argument. He must recuse based on his past conduct and connections. He will have no weight.

I am not going to argue with the assertions made vis a vis the plenary issues invoked. The WH, if they try anything at all, has to try another route, and if it gets ugly enough, they may get the crew in Harriet's office working on another angle, who knows?

My post is restricted specifically to the authority of McNulty. Again, he has no weight, he cannot touch this with a forty foot pole, no matter how they try to skew the law.

[hang a left]

26. What really concerns me is McNulty's involvement in the Franklin/

Aipac case. I am worried if he uncovers wrong doing by * or whoever else he has been paid to protect in the past, that he will bury it.

[dbeach]

20. OOPS FITZGERALD CANNOT be fired

[grasswire]

19. It's time for a whole thread on McNulty

Time to educate DU on this FIXER.

I wish we had photos of the Florida recount where his face is present in every scene.

He's a plant. A stooge. A FIXER.

[dbeach]

21. madems thread

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=104&topic_id=5134801&mesg_id=5134801

[BuyingThyme]

3. Right. And you can't go to war without declaring war.

[dbeach]

5. illegal wars

are a repuke specialty

Wr in Iraq
War in Afi
GWOT

3 illegal wars..call them conflicts then cuz ONLY congress can declare war.SO ALL THE CROOKS can get war money but EVERY cent is illegal

[BamaBecky]

8. I'm looking forward to next week......S/B very interesting!..n/t

[slaveplanet]

9. Interesting spotlight on Kristol's

latest spin...he is an enemy of the public and the rule of law... that should come as no surprise...

The Neocon psychos are starting to crack up real bad. It's incredble to see Bill Kristol arguing today that the Special Prosecutor should not use the laws of this nation. If you haven't seen it, have a look at Kristol's latest, entitled -- Fitzgerald's Moment.

He argues that Fitzgerald should prosecute any violations under the IIPA, perjury or obstruction, but that any use of the Espionage Act (i.e. 18 USC 793 and 794) would be evidence that Fitzgerald is overreaching his mandate and would equate to prosecutorial misconduct.

Hey Bill, get a freakin' life. Everybody in the White House signed a non disclosure agreement agreeing to follow the laws of this nation and 18 USC 793 and 794 are clearly listed. Here's what it says Billy boy:

"I have been advised and am aware that any unauthorized disclosure of classified information by me may constitute a violation of violations of United States criminal laws, including the provisions of Sections 641, 793, 794, 798, and 952 Title 18 United States Code, the provisions of Sections 783 (b), Title 50, United States code, and the provisions of the Intelligence identities Prosecution Act of 1982."

Notice how 18 USC 793 and 794 are listed BEFORE the IIPA which is last on the last. If your neocon cronies didn't want to sign it, that was their prerogative. They wouldn't have been given the confidence of the American People and they wouldn't have been hired for security clearance positions and we'd all be a hell of a lot safer today.


You damn neocon waterboy. Get the hell off my planet you bushy haired evil empire crony son of a bitch. How dare you.

I challenge you to show me where in Comey's official DOJ delegation of authority it says Fitzgerald is limited to the IIPA? Read the damn letters, Billy boy.

From Kristol's latest...
http://www.weeklystandard.com/Content/Public/Articles/000/000/006/239rebkj.asp

What is more, the Clinton White House mounted an extraordinary--and successful--political campaign against the office of the independent counsel and the person of Kenneth Starr. All the evidence suggests that the Bush White House has been fully cooperative with, even deferential to, the Fitzgerald investigation. And as for the first point, many people in government and politics engage in behavior that is less than admirable. That said, defending one's bosses against criticism, and debunking their attackers, is not a criminal conspiracy. Spin is not perjury. Political hardball is not a felony.

and this

So let us stipulate this: If someone knowingly made public the identity of a covert CIA operative and compromised her status, whether to maliciously damage her career, to punish her husband, or to deter criticism of the White House--if, in other words, someone violated the Intelligence Identities Protection Act of 1982--that person deserves to be fired and prosecuted. If individuals purposefully lied to a grand jury or engaged in a knowing conspiracy to cover up the truth, those persons deserve to be fired and prosecuted. Fitzgerald's investigation may well have uncovered crimes like these.

But it may not have, too. Press reports suggest that Fitzgerald is unlikely to bring charges under the Intelligence Identities Protection Act of 1982, the original act whose possible violation he was charged with investigating. Based on what we know, and absent startling revelations, it would seem to be a huge prosecutorial overreach to bring charges under the 1917 Espionage Act. So we are presumably left with possible instances of perjury, obstruction of justice, and false statements to the FBI or the grand jury.

[dbeach]

10. U R SMOKIN!

KRISTOL = TRAITOR

as the VN Vets do say...same same dinky dow

[grasswire]

22. overreaching mandate????

I thought it was the privilege of a Grand Jury to go wherever the facts led them???????????

I thought that was the concomitant danger and genius of a Grand Jury. There are no limits to the questions the Jury wishes to ask.

Right?

And besides, Mr. Kristol, I don't recall you making this argument when Kenneth Starr was persecuting the Clintons over a period of years.

[jayctravis]

24. All it takes is perjury. We learned that during Clinton.

[emulatorloo]

12. kick n/t

[earth mom]

13. Love it! CS ROCKS!

Recommended! :thumbsup:

:bounce:

[nashville_brook]

17. it's just a feeling, but it seems to me that Fitz and Wilson

benefitted from friends in high places. prolly the career military. the roosters? it just feels like there's an invisible hand or a warm wind at these guys heels. the CS weirdness about plame/wilson kinda not being totally "innocents" doesn't point me to CS saying plame/wilson are bad guys. just that there's other folks behind the scenes. as the Salon/John Dean Civil Suit story in 2003 showed, this has been a LONG TIME coming. i bet there was all kinds of hell paid to get to here. heroes, ya'll -- they still exist.

i've been blasting Fear of a Black Planet and Double Nickles on the Dime (yeah, PE and Minutemen are two great tastes that taste great together) and cleaning as if it were spring. just rockin. it felt good. today was a good day.

if you haven't in a while, give Fear of a Black Planet a spin. it's amazingly relevant now -- i thought it was in 91. 2005 makes 91 seem like the good old days.

kick'd, rec'd, and rock'd

[MADem]

23. How about the true patriots in the CIA? That is where I think they are

getting some direction. They haven't all cut and run. Plus, there is a segment of folks over at State as well as FBI who are careerists who are totally disgusted as well. They are also in the Pentagon, and all of the government agencies. When I was in DC I worked with guys who went back to Kennedy and LBJ when they got their first paychecks.

Ya gotta watch out for the career civil servants--over the years, they develop a loyalty to the instution and the rules, regardless of their political affiliation. When they see their institution getting trashed by politicos, they get pissed off.

[EuroObserver]

25. career civil servants-

-over the years, they develop a loyalty to the instution and the rules, regardless of their political affiliation.

Way to go. Shouldn't be any other kind imho.

[Holly_Hobby]

18. Brilliant

...

The AIPAC indictments were brought under the Espionage Act and I didn't see Mr. Kristol whining that those poor lobbyists were victims of prosecutorial abuse.

...