Lacking the 'truth' from Libby, Fitzgerald
chose to indict
Chicago Sun-Times
BY LYNN SWEET SUN-TIMES COLUMNIST
October 29, 2005
Patrick Fitzgerald took 67 minutes Friday afternoon to explain, analyze, and
at times defend the five-count indictment he sought against I. Lewis "Scooter"
Libby.
This is the bottom line, according to the Chicago-based federal prosecutor:
Fitzgerald pursued obstruction, false statement and perjury charges because "we
didn't get the straight story" from the man who resigned Friday as Vice
President Dick Cheney's chief of staff.
And without the "truth" from Libby, Fitzgerald, investigating who outed a
CIA agent -- the wife of an Iraq war critic -- said he is not in a position to
know if a "serious national security crime" has been committed.
Fitzgerald, 44, was named Special Counsel on Dec. 30, 2003, commuting
between Chicago and Washington as he probed the alleged unauthorized outing of
Valerie Plame.
Her name became known to the general public in a July 14, 2003, column by
Chicago Sun-Times columnist Robert Novak, whose column is syndicated.
That column, Fitzgerald said, was only the "first sign" that her cover was
blown. Other journalists knew as well: NBC's Tim Russert; the New York Times'
Judith Miller, and Time Magazine's Matthew Cooper.
Libby is in trouble because he told the grand jury he was just recycling
reporters' gossip about Plame. But Libby was not at the end of the phone chain,
Fitzgerald said. Libby is accused of lying. Libby "was at the beginning of the
chain of the phone calls."
Fitzgerald's job not done yet
Fitzgerald said Friday his job is not quite done. President Bush's top
strategist, Karl Rove, escaped charges, but it is very premature to infer that
he is in the clear.
The term of the grand jury Fitzgerald has been working with expired Friday
-- he spent part of the morning saying goodbye to the jurors. Fitzgerald said
it will be a routine matter for him to present evidence to another grand
jury.
As much as he would like to wake up each day in Chicago, Fitzgerald said: "I
will not end the investigation until I can look anyone in the eye and tell them
that we have carried out our responsibility sufficiently to be sure that we've
done what we could to make intelligent decisions about when to end the
investigation."
The usually press-shy Fitzgerald was loquacious Friday partly because the
question-and-answer session at the Justice Department headquarters was a
one-time special.
Before the session, Fitzgerald spokesman Randall Samborn said whatever will
be said will have to serve as the final word, since his boss did not intend
further comments on the indictments.
What actually does Fitzgerald know? Obviously more than he is letting
on.
When will he be finished?
"All I can tell you is as soon as we can get it done, we will."
Some observations:
*The leak investigation -- so far -- did not end up with anyone being
charged with leaking.
Fitzgerald, anticipating being asked why he went after the alleged cover-up
-- not the underlying crime -- used a baseball analogy.
It's not about the war, he says
"What we have when someone charges obstruction of justice is the umpire gets
sand thrown in his eyes. He's trying to figure out what happened, and somebody
blocked their view."
*Fitzgerald seemed to take exception to the suggestion that obstruction
charges are not substantive.
The notion that "somehow we should take an obstruction charge less seriously
than a leak charge" is wrong, he said. "Compromising national security
information is a very serious matter."
*The 22-page indictment devotes only one paragraph to the hottest question
in Washington -- who told Novak about Valerie Plame.
Paragraph 21 in the indictment states that on July 10 or July 11, 2003,
Libby was told by a "senior official in the White House"-- labeled "Official A"
in the indictment -- that Novak would be writing a story about Plame.
Plame's husband, former Ambassador Joseph Wilson, by then had emerged as a
war critic, disputing Bush's claim that Iraq tried to buy uranium from Niger.
Wilson took the outing of his wife as part of a campaign to discredit him.
The indictment does not identify Official A. The Associated Press, citing
three unnamed sources, said Rove was Official A. Fitzgerald was asked if Novak
cooperated with the investigation. "I can't comment," he said.
Novak has said he cannot discuss the case on the advice of his lawyer.
*Fitzgerald said this case is not about the buildup of the war in Iraq.
"The indictment will not seek to prove that the war was justified or
unjustified," he said, calling the Libby case "a narrow transaction."
The court of public opinion, however, is not the same as the court of law.
Can Fitzgerald really not see the links? A Libby trial will be about the run-up
to the war, as much as perjury over a serious national security leak.
Lynn Sweet is the Washington bureau chief for the Chicago Sun-Times.
|