Sheldon Drobny thinks Fitzgerald Threw a Softball

[BrklynLiberal]

Published on Saturday, October 29, 2005 by CommonDreams.org
Fitzgerald Threw a Softball
by Sheldon Drobny

Besides my co-founding Air America Radio, I have another day job. I
have helped prosecute and defend white collar crime offenses for 38
years including experience with Mr. Fitzgerald's office in my home town Chicago on current political prosecutions. Those of us locally in the know here do not agree that Mr. Fitzgerald is as independent as the press has made him out to be. Let me explain.

Fitzgerald had to indict Libby. Libby's lies were so blatant that
Fitzgerald had no choice. But Fitzgerald had a golden opportunity to do enough work to prove the underlying crimes that he was originally
investigating. Those crimes involve two offenses in the U.S. Criminal
Code; Conspiracy and Outing a CIA agent. Essentially Fitzgerald
indicted Libby for preventing his prosecutors from proving the
underlying crimes he was investigating by using a baseball metaphor in
that Libby "threw sand in the umpires eyes." That part is patently
absurd.

In most conspiracy cases, one or more of the co-conspirators invariably lie to the FBI or the Grand Jury. That is something that prosecutors face all the time. The idea that Libby alone prevented Fitzgerald from proving the underlying crime is absurd. If Cheney told Libby about Valerie Plame, there obviously was a reason. The idea that Cheney, Libby, Rove and Bush did not talk to each other about the purpose of passing on this information to the press is simply not believable. And there were many ways that Fitzgerald could have proven the conspiracy in spite of Libby's lies. The fact that Libby lied would normally embolden a prosecutor to prove the underlying crime. This was not the case for Fitzgerald.

Fitzgerald stated in his press conference that most of his work has
been completed. While there is always a Grand Jury available to indict
others in the event of an unlikely plea bargain for Libby, the
investigative phase is really over for this prosecutor. His office will now focus on the trial of Libby. Those of us who know about prosecutors and Grand Jury investigations would tell you that Fitzgerald, using a baseball metaphor, threw the Bush cabal a "softball." And using a football metaphor, he "fumbled the ball."

Sheldon Drobny is a co-founder of Air America Radio and Chairman of the
Paradigm Group II, LLC.

http://www.commondreams.org/views05/1029-26.htm

[jayctravis]

1. I think he threw them a softball as strategy.

Making the administration look inept as they refuse to acknowledge breaches of national security is like holy water on Reagan McNeil.

If they have their shit together, they'd know how to handle it.

I'm expecting they swing wildly and lose the bat in the dugout. "Klong...oooh...Bolton removed on a stretcher...ow that's gotta hurt."

[goclark]

2. We can only pray

I am praying that he felt that it would be way too much for the American people to digest at one time.

I'm praying that he will do it in stages.
I'm praying that he wanted the public to get to know him with his first words in public.

He did that beautifully.

Now if he gets Rove we can go on to the bigger fish and rid us all of this stain.

[Fridays Child]

3. I think that writing this article shows poor judgment on Drobny's part.

This sounds like it has everything to do with posturing in his Chicago case and nothing at all to do with the CIA leak investigation.

[choie]

4. Drobny is beginning to bug.

Okay, bless him for funding AAR and all, but Drobny's beginning to piss me right off. First his comments on Mike Malloy's show last night -- comments that sent me into a minor depression before Mike cheered me up again -- now this. But let's parse his remarks.

"Besides my co-founding Air America Radio, I have another day job. I have helped prosecute and defend white collar crime offenses for 38 years including experience with Mr. Fitzgerald's office in my home town Chicago on current political prosecutions."

Impressive! Sure sounds like he's an attorney, doesn't it? Except? Not so much. He's a former IRS dude turned venture capitalist. And that "experience with Mr. Fitzgerald's office" is also misleading. What he means is that Fitzgerald prosecuted a case against someone Drobny knew and advised.

"Those of us locally in the know here do not agree that Mr. Fitzgerald is as independent as the press has made him out to be. Let me explain."

Wow, nice insinuation there, Mr. Drobny. What exactly is he implying by this? Despite the "let me explain," he never follows up on this remark.

"Essentially Fitzgerald indicted Libby for preventing his prosecutors from proving the underlying crimes he was investigating by using a baseball metaphor in that Libby "threw sand in the umpires eyes." That part is patently absurd."

Nitpicky snarking on my part, but... Does he really mean to say that Libby prevented prosecutors from proving crimes by using a baseball metaphor? Man, never underestimate the power of good ol' poetic license! If I'm ever accused of a crime, I'll be sure to decimate the investigation by saying something like, "Sorry buddy, but three strikes and you're out!"

"In most conspiracy cases, one or more of the co-conspirators invariably lie to the FBI or the Grand Jury. That is something that prosecutors face all the time. The idea that Libby alone prevented Fitzgerald from proving the underlying crime is absurd. If Cheney told Libby about Valerie Plame, there obviously was a reason."

Yeah, but how would Fitzgerald find out this reason? Whatever Cheney says, Libby's the only one who can corroborate or contradict it. If Libby lies, there goes Fitzgerald's ability to get any further in the investigation. It's not like there's physical evidence in a case like this: it's "who told what, to whom, and why?"

"The idea that Cheney, Libby, Rove and Bush did not talk to each other about the purpose of passing on this information to the press is simply not believable. And there were many ways that Fitzgerald could have proven the conspiracy in spite of Libby's lies."

Were there? Such as? Funny how Drobny doesn't go on to describe any of these "many ways." If all four members of a conspiracy lie, how precisely is one to break up this circle? By doing exactly what Fitzgerald has done here (and on many other past cases) -- remove one of the (alleged) conspirators and stick his feet to the fire.

"The fact that Libby lied would normally embolden a prosecutor to prove the underlying crime. This was not the case for Fitzgerald."

And you know this how, Mr. Drobny?

"Fitzgerald stated in his press conference that most of his work has been completed. While there is always a Grand Jury available to indict others in the event of an unlikely plea bargain for Libby, the investigative phase is really over for this prosecutor. His office will now focus on the trial of Libby."

This is just prediction and speculation. Drobny's entitled to his opinion just like all of us here, but other than that, he's got nuttin'.

"Those of us who know about prosecutors and Grand Jury investigations ...."

A rather ballsy, condescending comment coming from a non-lawyer.

"...would tell you that Fitzgerald, using a baseball metaphor, threw the Bush cabal a "softball." And using a football metaphor, he "fumbled the ball."

Mmm. And I guess using a knitting metaphor, he "dropped a stitch." And using a cricket metaphor, he "scored an own goal." And using a Monopoly metaphor, he "picked up a card from the community chest and was told he had to pay the poor tax." One could continue these forever, but it doesn't make 'em true.

Frankly, using an Aesop metaphor, sounds to me like Drobny has "sour grapes."

[BrklynLiberal]

6. Thank you and Garbo. I was feeling really upset by this.Your responses

have helped me a lot.

I am wondering what Drobny is trying to accomplish here.

[KittyWampus]

9. My question as well. Does Drobny have some hidden motive to discredit

Fitz, downplay the indictments?

[KittyWampus]

8. Choie, I'd Be Eternally Grateful If You Posted Your Rebuttal As A Seperate

thread, I will kick and recommend it.

If you don't, may I have permission to do so?

[MelissaB]

11. Ditto. Please post a seperate thread.

I'll be happy to K&R it.

[choie]

17. Thanks!

Aw thanks guys! Sure, I'll post it separately. I'm glad it was some use. I was pretty low after hearing Drobny for the first time on Friday, but Mike (and subsequent research on Drobny) helped boost my morale. Very happy to have spread the good cheer, at least a little. :)

[zanne]

10. Drobny's 38 years as a prosecutor isn't good enough?

If he had told you what you wanted to hear, you'd be praising his years of experience.

[BrklynLiberal]

12. I can find records of his working for the IRS and being a CPA, but

no references to his being a prosecutor.

I have helped prosecute and defend white collar crime offenses for 38 years

My bet is that the above statement refers to his role as an IRS agent and/or as a CPA. I do not believe he is a lawyer.

This is just one hit. If you google "Drobny, Chicago, Prosecutor" you will get many hits, but none of them refer to Drobny as being a prosecutor.
He is still a godsend to the left, but I cannot find any reference to him being a prosecutor.
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=7th&navby=case&no=952966

[zanne]

13. OMG--You're right, BrklynLiberal

I should have checked his bio before saying that he was a prosecutor. Obviously, he isn't. I'm sorry.

[BrklynLiberal]

14. His "post" seemed to be intentionally vague. I was not sure myself until

I did the research.

[madrchsod]

15. isn`t it interesting that this guy

forgets about public records on the internet? something really bugged me about him last night so i spent about a half hour looking and bingo! the find law page...i guess inquiring minds go to google.....

[Garbo 2004]

5. This about the third thread on this. Perhaps Drobny should wait until

the investigation is actually completed. Then he could tell us why he would have done a better job.

As I recall in 2004 Fitz said the bulk of the investigation was completed except for Miller's and Cooper's testimony to tie up some loose ends. As we've seen, that didn't mean the investigation was over and nothing would come from it.

Indictments don't have to include the sort of info Fitzgerald included in his "speaking" indictment. Info such as Cheney told Libby that Wilson worked in CPD in the Directorate of Operations (where the spies work). Thus Cheney and Libby knew she wasn't an analyst in WINPAC (Directorate of Intelligence). The indictment also notes that Libby discussed disclosure with an assistant and that it would create problems with the CIA. Uh, yeah. But if he thought she was a mere analyst would that be reason enough for him to have any concern that disclosure would cause problems with the CIA? He and his bosses had been shitting on the CIA for years.

Since we know that Libby told Miller that Wilson worked for WINPAC when he knew she worked for CPD in spooksville, we understandably may regard that as likely evidence of Libby intentionally creating an alibi to cover the fact he knew she worked in CIA Operations where the spies are. And that he knew he was disclosing information of a highly sensitive nature (her employment with the CIA) that he shouldn't be telling a reporter. (Of course, Libby's claiming faulty memory for all of his problems.)

The indictment contains information that suggests there is a basis for more than Libby just lying about the contents of a discussion with Russert. Would Fitzgerald unnecessarily include this info in the indictment if he was just taking a fall for the administration? This wasn't public info. Would he do so only to leave himself open to criticism such as Drobny lobs at him?

Drobny as far as I know is not an attorney and never has been a prosecuting attorney. I don't yet know the outcome of the investigation and neither does Drobny. If he wants to cast aspersions on Fitzgerald's credibility and integrity based on his record as a prosecutor in Chicago, let him so so with facts rather than innuendo. We'd all be interested.

[Halliburton]

7. well apparently Fitzgerald's buying Rove's BS excuse

so you can understand why Drobny feels the way he does.

[Walt Starr]

16. Drobny is just pissed off because Fitzgerald is going to take down Daley

I'd give that fool no credence whatsoever.