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Friday, October 28, 2005

Full disclosure...I don't like most prosecutors. I think they're high handed and moralistic. Prosecutors like Patrick Fitzgerald are the reason I feel this way.
This process creates pressure to find a crime. To understand how silly these charges are:
The crime was blowing a CIA Agent's cover.
Despite his best efforts Fitzgerald could not prove these charges.
The statute requires intent and knowledge and the underlying act.
However, Fitzgerald's questions - which he admits - went to motive.
This would be the "baseball analogy"
The statute doesn't care whether or not the pitcher was 'angry'.
He shouldn't have dug into those questions - it was wrong and way out of line.
This isn't determinative of the charges - but it shows something:
Patrick Fitzgerald isn't upholding the law - he's a peeping tom with supoena power.

Notice the wiggle room he used in describing Valerie Wilson's 'cover'. He used a declarative statement - came on strongly - and then took it back saying that her identity was not "widely known."
What in the world does that mean?
From the Washington Times:
"She made no bones about the fact that she was an agency employee and her husband was a diplomat," Fred Rustmann, a covert agent from 1966 to 1990.

Remember - Fitzgerald told us that it's not the statute used - it's the underlying bad act...
Too bad he can't prove this 'bad act'

How can he use the words that her "cover was blown" when he can't state this for a proveable fact?
It was wrong for Fitzgerald to make these statements without the underlying facts to prove them - they were reckless and wrong.

It was also reckless for him to subject Libbey to these questions without making the inferential links in the chain up to Libbey's communications to the media.

This indictment is a joke. He's trying to squeeze Libbey - it's bullying, it's wrong - and it's what I hate about prosecutors.

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