Fitz seen as overstepping his functions
"A lawyer shall not make an extrajudicial statement the lawyer knows or reasonably should know is likely to be disseminated by public media and, if so disseminated, would pose a serious and imminent threat to the fairness of an adjudicative proceeding,"
The above is a quote from the court in which Illinois Governor Rod Blagojevich is being charged, cited by Former federal prosecutor Barry Coburn in a New York Times opinion piece published yesterday.
Patrick Fitzgerald's "inflammatory" statements, such as the one about Lincoln rolling in his grave, run counter to the rules set by this court and the American Bar Association, Coburn says.
Here's progressive media critic Bob Somerby the day after the arrest:
For our money, Fitzgerald and his overheated aides ought to get over themselves just a tad. It isn't part of their job description to imagine what Lincoln has done in his grave, or to thunder about where Illinois ranks among the fifty worst states.
Republican ex-Attorney General Victoria Toensing likewise takes issue with Fitzgerald's comments in a Wall Street Journal op-ed yesterday.
"In the Dec. 9 press conference regarding the federal corruption charges against Gov. Blagojevich and his chief of staff, Mr. Fitzgerald violated the ethical requirement of the Justice Department guidelines that prior to trial a "prosecutor shall refrain from making extrajudicial comments that pose a serious and imminent threat of heightening public condemnation of the accused." The prosecutor is permitted to "inform the public of the nature and extent" of the charges. In the vernacular of all of us who practice criminal law, that means the prosecutor may not go "beyond the four corners" -- the specific facts -- in the complaint or indictment. He may also provide any other public-record information, the status of the case, the names of investigators, and request assistance. But he is not permitted to make the kind of inflammatory statements Mr. Fitzgerald made during his media appearance."
Easy to agree that those statements could be argued as being prejudicial. Makes me think the people making them must have been pretty grossed out by the conversations they heard.
Fitzgerald is apparently human, not just a dogged prosecutor. I hope this doesn't amount to much, that is, I hope we can permanently disgrace typical Illinois business/government relations.
December 14, 2008 10:10 AM | Reply | Permalink
Blame early morning for vague syntax. I mean I hope this does not interfere with vigorous prosecution of Blagojevitch.
December 14, 2008 10:12 AM | Reply | Permalink
I was surprised to hear Fitzgerald use that language as well. He was so precise and careful during the Plame thing. But Victria Toensig can go bleep herself as far as I'm concerned. She is a media bleep and no one should believe anything she says.
***Since I'm not a prosecutor I can say stuff like that!***
December 14, 2008 10:33 AM | Reply | Permalink
Weren't they investigating for five years? Fitz was probably pissed that he couldn't get him sooner. Anyways, I agree that he should have been more professional. By the way, I saw a clip of a FOX news show on The Daily Beast and it claimed that IL was only the 18th most corrupt state. North Dakota was #1, LA #2, AK #3. I think it was based on pop. size.
December 14, 2008 11:16 AM | Reply | Permalink
Bob Somerby is a progressive? What is your definition of "progressive"?
Victoria Toensing has Never been an Attorney General. What's up with that claim? She was a Reagan appointed assistant Attorney General in the DoJ. The sub headline in this WSJ piece exposes what her true intent for criticising Fitzgerald is: "As in the Libby case, his behavior is 'appalling". She's a shill pushing the Neocon fable of: "Poor Little Scooter and The Mean Old Prosecutor".
December 14, 2008 12:01 PM | Reply | Permalink
Is that a serious question? He exposes lies and distortions against Obama, yes, Obama, almost every day, including today and yesterday and the day before. He defends labor unions, specially teacher unions, against reporting blaming them for educational problems in the nation. He blames Maddow for beeing a sissy and not being harsher against Obama critics. Etcetera.
December 14, 2008 2:02 PM | Reply | Permalink
Bob Somerby has exposed the pack journalists who invent novelistic story lines with heroes and villains. They crucified Al Gore as a pathological liar and gave us Bush as someone to have a beer with. Standing up for rigorous, issues-based journalism (as opposed to the never ending soap opera) is progressive by any definition.
Naturally, Somerby's efforts might not sit well with those who dine at MSNBC's trough.
December 14, 2008 1:43 PM | Reply | Permalink
So what is your definition of "progressive" then? Is not "progressive" supposed to represent some sort of new political world view? I wasn't criticising Somerby, only expressing amusement seeing him labeled with a term that has no real meaning. Somerby's political point of view has always struck me as being moderate, centrist-liberal. So is a progressive a person who is a liberal, but ashamed to admit it?
December 14, 2008 1:52 PM | Reply | Permalink
You mean like 99% of Democrats?
December 14, 2008 2:03 PM | Reply | Permalink
Not even close. You are looking at the world in your rightarded shaded glasses. You'd much better serve what you worship if you returned to the side of the bipolar polity which spawned you; back to that hovel within the miasma of moral relativism, which laughably posits the existence of the oxymoron: conservative activist, and work on what has been spoiled. Contemporary Conservatism has been jacked by New-Righties who emerged from the fetid bayou used as Sugarland's storm sump, and Trotskyists who hide under Neocon wrappers. Conservatism in America is a burned out husk of what it once was. The left may be lame, but the right is manifest evil.
I see that you conveniently jumped over my first response in an impotent effort to score points off my remarks. Why did you falsely elevate Toesing's credentials, and again, what is YOUR definition of a progressive? Do not prove your imbecility by quoting my posts.
December 14, 2008 6:56 PM | Reply | Permalink
Tour de force, PCA! I'm learning...
December 14, 2008 7:20 PM | Reply | Permalink
My intent was to defend Somerby. If I misinterpretated your comment and you weren't attacking him, my last sentence was unnecessary and over the top.
December 14, 2008 2:25 PM | Reply | Permalink
Sorry, I'm just an old cowboy, who far too often shoots quick off of the hip.
December 14, 2008 6:57 PM | Reply | Permalink
I could be missing the boat here but I think that Fitz was sending a warning shot over the helm and saying here we come. If you are a politico and you are thinking of advancing your future with your office, better watch out!!! And he was also telling Illinois, get rid of this guy!
December 14, 2008 2:41 PM | Reply | Permalink
Fitzgerald, Grant, et al., are guilty of nothing worse than being human. And their superiors at the DoJ and FBI, respectively, won't say "boo" to them for their statements at the press conference.
You've compiled three quotes on a total non-issue.
December 14, 2008 3:07 PM | Reply | Permalink
The most dangerous place in the world to be is between a U.S. Attorney and the microphones the day a big indictment is unsealed. Most prosecutors put on their self-rightous indignation before they put on their ties.
Fitz is no different and his statements were par for the course for prosecutors nationwide in a big case like this. I've never heard of any Republican (or Bob Somersby, for that matter) getting his or her panties in a twist because a prosecutor called down fire and brimstone like this when unsealing an indictment of drug dealers or or alleged t'rrsts.
And its disingenious to quote Toensing without noting her history with Fitzpatrick during the Libby prosecution.
http://en.wikipedia.org/wiki/Victoria_Toensing
December 14, 2008 10:08 PM | Reply | Permalink