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Wrecking Patrick Fitzgerald

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Looks like Patrick Fitzgerald, the U.S. attorney charged with investigating the leak of that identified Valerie Plame Wilson as a CIA officer, has hit a real nerve and is on the verge of dropping a new legal bomb on the Bush Administration. How else to explain the sudden surge of criticism directed against Mr. Fitzgerald? A story in today's New York Times by David Johnston is the latest salvo in what looks like a coordinated assault on the steely-eyed prosecutor. Plameologist EmptyWheel has a terrific post at The Next Hurrah dissecting Johnston's shoddy attempt at journalism. His piece, at best, is speculative analysis. Unfortunately, it is uninformed analysis.

Now, I'm up front about my bias in this case. Valerie Wilson is an old friend and colleague who was an excellent case officer until Robert Novak, citing Bush Administration sources, flagged her as a CIA employee. Until that day in July 2003, her husband and her friends (who were witting of her true employment status) protected her cover. She was in the process of shifting from "non-official cover" status to "official cover". Both types of cover are protected under the Intelligence Identities Protection Act.

It was the Bush Administration--Richard Armitage, Scooter Libby, and Karl Rove--who spread the lie that Valerie sent her husband, Joe Wilson, to Africa as part of an elaborate conspiracy to damage the credibility of the Bush Administration. In 2003 there was publicly speculation that the Bush Administration lied to the American people about the case for going to war in Iraq. Today, the evidence of the lies is overwhelming. The question about Iraq's alleged efforts to buy uranium from Niger was one of the critical foundations of the Administration's effort to rally public support for the war. When Joe Wilson started contacting Journalists in early 2003, after the President lied in the State of the Union Address about Iraq's efforts, Dick Cheney and his minions began collecting ammunition to attack Wilson and try to destroy his credibility.

Which brings me to Patrick Fitzgerald.

U.S. Attorney Patrick Fitzgerald came to this case with no bias. He is a man above reproach and unafraid to take on politically sensitive cases. On the eve of the indictment of Scooter Libby last October (2005) there was a weak attempt by Republican operatives to smear Fitzgerald. They encountered several obstacles:

  • Unlike Kenneth Starr, who investigated President Bill Clinton, Fitzgerald has not played politics with his investigation, by leaking stories to buddies in the media;
  • Unlike Starr, who spent millions of dollars in the pursuit of Clinton, Fitzgerald is a tightwad.

It is tought to tar a prosecutor who is frugal, focused, and aplotical. Nonetheless, the Bush/Cheney defenders and their media buddies are ramping up a campaign to smear Fitzgerald. The Johnston NY Times piece is prima facie evidence. Johnston notes that in the wake of a report that Richard Armitage was one of Novak sources that:

the question of whether Mr. Fitzgerald properly exercised his prosecutorial discretion in continuing to pursue possible wrongdoing in the case has become the subject of rich debate on editorial pages and in legal and political circles.

So, attention to detail, a refusal to try the case in the news media, and insistence on bringing charges based on evidence suggest improper "prosecutorial discretion"? Nope. I don't buy that. The facts show that Fitzgerald is keeping his cards close to his vest, which certainly has Dick Cheney and Stephen Hadley crapping their pants. Their role, particularly Cheney's, in directing the campaign to discredit Ambassador Wilson, has become clearer in the last year thanks to court filings in the case against Scooter Libby. For example, we now have Cheney's notes that became the basis for RNC talking points in attacking Ambassador Wilson.

I am not privy to Fitgerald's plans or thinking; but, given the nature of the offensive now directed against the Wilsons and Fitzgerald, it appears that Mr. Fitzgerald may be on the verge of asking the Grand Jury to indict Dick Cheney and Stephen Hadley. Karl Rove is no dummy and would be derelict and incompetent to not prepare for this contingency. He know that if Fitz drops a new legal bomb before the November elections on someone in the Administration that the Republican ship of state will sunder. When it comes to hanging on to power in Washington all is fair, regardless of job performance and competence. And, when it comes to poltical survival for the discredited Bush Administration, trashing a courageous, honest prosecutor is okay.


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I'll be keeping an eye on his website.

http://www.usdoj.gov/usao/iln/osc/index.html

I hope you are right Mr. Johnson. I always figured this case might be the undoing of the Bush cabal. Rightly so. As a former president has said, “I have nothing but contempt and anger for those who betray the trust by exposing the name of our sources. They are, in my view, the most insidious of traitors.”

See the video. Bush the Elder really said it.

http://thinkprogress.org/2005/07/28/video-bush-i/

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Maybe David Johnston needs to speculate on why Cheney wanted to know more about Joe Wilson and his family - obviously to discredit a source who was exposing the White House Iraq group's lieing marketing campaign in the leadup to the our march 2003 invasion of Iraq. No, he'd rather go after Fitzgerald for checking into the whole thing instead of calling it to a halt.

Judith Miller redux?

Tom

Ugh. You have got to be kidding.

The right wing chorus is based on the supposedly new news that Armitage revealed the identity of Wilson's wife, or at least the aspect that she was involved with the CIA and Wilson's trip to Niger. How much of an excuse has the right wing ever needed to go into hyper mode?

I've always had concerns about Fitzgerald. It isn't simply that he's not Ken Starr. He's not like just about any other prosecutor in existence. Prosecutors often move on to politics (assuming they're not already political positions) or higher up in the legal system - a judge. That usually involves high profile exposure and high profile means publicity much more than it means quality prosecution. A conviction in a high publicity case (even a wrongful one) usually is a career boost. Meticulous plodding methodology rarely advances those careers. Geez. Rudy Guiliani became NYC mayor through having video crews follow him on bullshit arrests. The real convictions of crime bosses in NYC came after Guiliani moved on - to bigger and better cameras.

After reading the Huffington Post posting by Peter Lance I really find myself questioning Fitzgerald's interest in convicting anyone in the Bush government and more importantly, doing whatever he can to put a stop to the lawlessness that continues to pervade it. Does getting a conviction of Karl Rove really matter? Getting Rove and others to stop damaging America is far more important. Rove disclosed classified information. Rove damaged important work to defend America against foreign interests with likely bad intentions. To George H. W. Bush Rove is a traitor (based on Bush's past speeches - whatever that's worth). But saving Fitzgerald's career while stuck in a highly political case seems more important to Fitzgerald than saving America from criminals in the highest places.

You've got SFA basis for saying Fitzgerald is about to do something. An imaginary fart in the wind to swoon over. What has happened recently to base your forecast on? What new unknown information has Fitzgerald found? What new investigations has Fitzgerald followed? He long ago said his investigation was over. If there was evidence to indict anyone other than Libby, what is he waiting for - America to turn completely into a banana republic? That'll probably take one more real terror strike.

Read Peter Lance's post and you'll get an idea that Fitzgerald isn't all that great an investigator or prosecutor. That is unless what's wanted is a slow motion case of some underling who lied for his boss. A case that can be disappeared at any moment with a pardon. What does Bush have to lose with a pardon? After election day this November there won't even be any political fallout for other Republicans.

An excerpt from Lance's post:

But that was only half of my story. The other half was the astonishing saga of how the two bin Laden "offices of origin" -- the FBI's New York Office (NYO) and the Office of the U.S. Attorney for the SDNY, allowed Mohamed to operate with impunity for years. How key special agents in the bin Laden Squad (I-49) like Jack Cloonan desperately played catch-up as Mohamed planned the Embassy bombings. How John Zent, Ali's west coast control agent was totally outgunned by him, getting caught up as a material witness in a grisly triple homicide in Fresno in 1992 when he should have been riding herd over the al Qaeda sleeper. How it was Zent who vouched for Ali and got him released from Canadian custody in 1993 - allowing him the freedom to help plan the Blackhawk Down operation and the Embassy bombing plot.

My most astonishing, findings involved Patrick Fitzgerald, the former head of Organized Crime and Terrorism in the SDNY, who had allowed Ali to remain free as early as 1994 even though he named him as an unindicted co-conspirator in the Day of Terror case. Another of my key findings was that Fitzgerald buried probative evidence of an al Qaeda New York cell in 1996.

Beginning in January 1996 Fitzgerald effectively ran Squad I-49, but I learned that despite wiretaps on the key cell members and hard evidence in 1997 that Ali Mohamed (an FBI informant) was a major player in the Embassy bombing plot - he allowed him to remain free.

Most shocking were two face to face meetings Fitzgerald had with Mohamed in 1997. After the first meeting in April "Fitzie," as Cloonan called him, declared Ali "the most dangerous man" he'd "ever met" and announced that "we cannot let this man out on the street."

But Fitzgerald did, even though in October of 1997 Ali told him that he loved bin Laden and didn't need a fatwa to declare war against the U.S. where he'd become a naturalized citizen. Fitzgerald had convicted blind Sheikh Omar Abdel Rahman and 9 others for seditious conspiracy two years earlier, yet he permitted Mohamed to operate in the open and didn't arrest him until after the simultaneous truck bombings in Kenya and Tanzania on August 7th, 1998 which followed Ali Mohamed's 1993 surveillance with surgical precision.

Fitzgerald and Cloonan then took more than 18 months to get a plea bargain out of Mohamed, who never truly betrayed al Qaeda. They kept him in Manhattan Federal jail for 9 months on a John Doe warrant for fear the media would get wind of their negligence and actually prevented him from testifying in the Embassy bombing trial in 2001 because of the embarrassment that cross-examination of Mohamed would cause the Bureau and the Justice Department which had allowed bin Laden's top spy to work as an FBI informant.

Worse, while they had Ali in custody for three years, Fitzgerald and Cloonan failed to extract the 9/11 plot from him, even though they knew that the plot had commenced in 1994 in Manila, almost four years before Ali's capture. As the man who had lived with bin Laden and personally trained his security detail, Mohamed knew every twist and turn of it.

Within days of 9/11 Cloonan rushed backed from Yemen and interviewed Ali, whom the Feds had allowed to slip into witness protection, and demanded to know the details of the plot. At that point Ali wrote it all out - including details of how he'd counseled would-be hijackers on how to smuggle box cutters on board aircraft and where to sit, to effect the airline seizures.

In effect, my telling of the Ali Mohamed story holds Cloonan, Fitzgerald and a host of other key Feds responsible for not stopping the 1998 Embassy bombings or the 9/11 plot.

Hey. I live in NYC. I remember the completely botched handling of the Kahane assassination. Some of the people involved with that murder were also involved with the first attempt to bring down the World Trade Center and that group had ties to the people that did finally bring it down. Do you think if America had quality investigators and prosecutors involved maybe some of this wouldn't have happened?

Fitzgerald has done nothing .. NOTHING .. worthy of praise. He has gotten nothing, convicted no one and stopped zero criminal activity of a criminal organization. At the same time Fitzgerald has made sure that as little information as possible about what his investigation has found is disclosed to the American public. He has accused Libby of lying. And the right wing response has been "A lie? So what?" It would be nice if Fitzgerald spelled out "what" in terms of the damage to America, the damage to the Constitution and the rule of law, and the damage to efforts to defend America from those that would do us harm. Instead we're told that the lying has kept him from knowing what bad things have happened. Career first. America second.

I'll praise Fitzgerald when he actually does something to help protect America and Americans. And .. as the saying goes .. I should live so long.

Wow. Why is this the first time I have seen this information? Thank you.

Jan Knaus

If true (and I am not saying I have any reason to doubt it or believe it) this is a bombshell.  The passage you cite accuses Fitzgerald of professional negligence/misconduct which directly allowed the attack on 9/11 to occur.  That is a much bigger smear on his reputation then the wingnut's attacks...if true.

Take Peter Lance with a mountain of salt. I know of three separate cases where he has taken information being developed on different projects and used it to feather his own nest. Peter will be opening a big can of whoop ass on himself if he tries to smear Fitzgerald. The story, as Peter presents it, is not true. I have had first hand experience dealing with Lance. I am told that Lance got knocked off the National Geographic project because he was claiming to have authority to use information that he was not authorized to use. There is a lot more to this story.

Lowell Bergman and David Kaplan, both distinguished investigative reporters, warned me long ago to steer clear of this clown because he is unreliable.

The first question you ask is quite interesting... although tempting to suggest that Fitzgerald isn't done with the Bushies, I think it's fair to say political operatives - not least Karl Rove's acolytes - reflexively criticize anyone who has the ability to investigate what's going on in the Executive Branch.

I think the more pertinent question at the moment is what Fitzgerald might still be looking into. Realistically, given what has recently been revealed, the best guess is that it is the facts around the secret State Department memo from which Armitage gleaned the information that Plame was CIA (though apparently the memo failed to denote her classified status).

This memo did not just suddenly arrive out of the ether - someone pretty important will have asked for it. And someone senior will have signed off before it got circulated; I'd also venture that someone senior may have decided to declassify the information contained in the memo. (remember the hullaballoo some time back about "when the president declassifies information, it's not classified"... just what was this GOP talking point in response to?)

Another open question vis a vis Armitage is his 3 month bout of chronic amnesia. Let's recall that when Novak exposed Plame and the DC media could find nothing else to cover, Armitage had spoken to Novak about a week previously. King George then went all righteous on us, threatening to fire anyone who had leaked classified information. Then the DoJ appoints a federal prosecutor in September to investigate the crime of Plame's outing. Then, only in October, when Novak pleads innocence in his syndicated column, did Armitage figure that he might have been the source. (Let's leave aside the fact that whether or not Novak's source was a "partisan gunslinger" is largely irrelevant for the purposes of the investigation).

I'd venture two reasons for Armitage's 3 month accountability siesta - either he believed the information had been declassified (and therefore wasn't concerned about the media storm), or he reckoned that other people - with a motive to attack Wilson? - were giving the media the same information.

One last point on how this investigation winds up - and Hitchens, in his latest splenetic article actually touched on this - is this: if the whole investigation of who outed Plame comes to nil, it's no skin off Fitzgerald's back. Indeed, it doesn't really reflect poorly on the Wilsons either. Instead, it is the CIA that gets zinged. Either because they filed a crime report to the DoJ without properly ascertaining whether or not Plame was covert; or, because they failed to protect one of their employees and a front company. Both seem rather far-fetched scenarios.

And a very final point to the person who questioned whether Fitzgerald has ever achieved anything in his professional career - I suggest you get in touch with Conrad Black, Richard Perle, or any of the other Hollinger Group kleptocrats. It took 8 years, but Fitzgerald's people have them indicted on 11 counts of fraud. It's certainly the case that the Bushies will not be satisfied until Fitzgerald says he's finished on the Plame investigation.

If true (and I am not saying I have any reason to doubt it or believe it) this is a bombshell.
If it is true that Dick Cheney screws 6 year old boys, that is also a bombshell.

Fitz also was pretty successful in Chicago.

An example of a high-profile prosecutor that did not go on to politics is Scott Turow. Some folks just like doing the right thing.

Then again, there's Rudy. If we're looking at NY, how come there were no improvements in first responder sytems after the '03 bombing?

Don't forget Michael Cherthoff, who also chose the 'dark side!'

slightly OT, but perhaps Mr. Johnson can shed some light:

armitage got plame's name (and not her status) from a memo by Marc Grossman at state. Would Grossman have the clearance to know that Plame was CIA?

slightly OT, but perhaps Mr. Johnson can shed some light:

armitage got plame's name (and not her status) from a memo by Marc Grossman at state. Would Grossman have the clearance to know that Plame was CIA?

"If it is true that Dick Cheney screws 6 year old boys, that is also a bombshell."

Did I miss something?

"If true (and I am not saying I have any reason to doubt it or believe it) this is a bombshell."

I think her response was very careful: If these accusations are TRUE, it IS a bombshell, but she is waiting for more information.

What is wrong with that? So in response, you post an obviously bogus, made-up scandal about Cheney in order to CONFLATE THE TWO, which is disengenuous at best.

PS --> So what's the poop on Cheney?


Jan Knaus

I have a personal acquaintance with someone who was successfully prosecuted by Fitzgerald. Fitzgerald and his Chicago office were the definition of integrity and decency. This case was an absolute slam-dunk. Instead of grandstanding and capitalizing on a very easy white-collar conviction, Fitzgerald offered a tough but fair plea agreement.

Fitzgerald could have ensured that this man never ever worked again aside from washing dishes. He could have made sure that this guy's wife and kids couldn't go to the 7-11 without hanging their heads in shame. Fitzgerald, instead handled this cookie-cutter middle-class embezzlement case much the same way that he has handled the CIA leak.

The similar approaches to discretion and candor in both these cases leads me to believe that those who think Fitzgerald is scoring points for one side or the other of full-of-it.

That certainly bears out what I've heard and read about Fitzgerald over the past couple of years.

I don't believe it is exactly correct to lump Armitage in with Rove, and Libby. Armitage came with Powell, that is where is loyalties lay. Libby is Cheney's man, and Rove is Bush's.

There are many places where Armitage's views conflict with mine, but he is one who agrees to disagree, and then argue openly in the free marketplace of ideas. I have a hard time believing that Armitage would consciously destroy an intelligence asset for petty revenge. Armitage tends to be a blunt force, and prefers frontal attack.

There seems to be some potential illumination underlying part of the data in the David Johnston NY Times Sept. 2 article:

"Mr. Armitage spoke with Mr. Novak on July 8, 2003, those familiar with Mr. Armitage's actions said. Mr. Armitage did not know Mr. Novak, but agreed to meet with the columnist as a favor for a mutual friend, Kenneth M. Duberstein, a White House chief of staff during Ronald Reagan's administration. At the conclusion of a general foreign policy discussion, Mr. Armitage said in reply to a question that Ms. Wilson might have had a role in arranging her husband's trip to Niger.

At the time of the offhand conversation about the Niger trip, Mr. Armitage was not aware of Ms. Wilson's undercover status, those familiar with his actions said. The mention of Ms. Wilson was brief. Mr. Armitage did not believe he used her name, those aware of his actions said."

I have no recollection of Kenneth M. Duberstein, which is mildly surprising to me. Maybe a bit of data-diving is needed. Can anyone offer insight? A transcript, tape or notes of Novak's conversation with Armitage that day might be informative also. Were Novak's questions in anyway leading towards getting Armitage to remark about Wilson's wife?

As for the circulated memo at State, I seem to remember that there were fingerprints of Cheney's staff all over it, and the fact that Armitage was aware that Wilson's wife worked for the CIA, but had no idea what her job classification was, indicates that the memo had pertinent data stealthily redacted from it.

Also of note is the manner that NeoConniving Conservatives have thrown Armitage to the wolves, and try to place him into a contrived set which also includes Ambassador Wilson. They obviously consider Armitage, a lifelong conservative, to be expendable, and not one of them. Maybe the two can be lumped into a set of persons who possess honour.

Armitage's mention of Ambassador Wilson's wife was stupid, and unthoughtful. It is significant, that upon realising that he was the original source of the Plame leak, Armitage immediately approached Powell, and State's head attorney, Taft, offering his resignation.

The Johnston NY Times article also mentions Gonzales' unwillingness to learn the facts about Armitage:

"Later, Mr. Taft spoke with the White House counsel, Alberto R. Gonzales, now the attorney general, and advised him that Mr. Armitage was going to speak with lawyers at the Justice Department about the matter, the people familiar with Mr. Armitage's actions said. Mr. Taft asked Mr. Gonzales whether he wanted to be told the details and was told that he did not want to know."

Real Administration plausible deniability in the making, but obviously, Fitzgerald believes that Armitage has been forthright in accepting his responsibility, and has testified to the Grand Jury honestly.

Finally, a bit of my bias, which itself is strongly influenced by the concept of divide and conquer. I believe that neoConservatism is not real Conservatism at all, that it exists externally to the usual linear representations of American political thought. It was also founded by, and is populated with, well-known situationalists who have a history of personal denials and renouncements of their past associations. How else can one describe a Trotskyite? Is this not also descriptive of rabid former leftys who claim to have experienced a baptism of enlightenment from which they emerged with a complete political polarity reversal, like Horowitz and Hitchens? The ability of NeoConservatism to be defined as core Contemporary Conservatism was to a large degree aided and abetted by the RNC's propagandising spin of The Big Circus Tent of Republican Inclusiveness, which really only proves that the GOP is the party of nothing for everybody.

As a quick rule of thumb, No Real conservative would ground their rationalising arguments in defense of a Presidential overreach in the acts, words or deeds of Franklin Delano Roosevelt. Advancing this argument is dancing the moral relativsits' jig, and is indicative of American Conservatism's continuing plunge into the grayscaled morass.

Perhaps we have an answer to the question of why the noise machine is cranking up here.

It seems that Joe Wilson might not have been the only one that Cheney wanted to discredited. Preemption is not just a military issue. It works even better in politics.

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