Here's what Fitzy should have done:
1. Determine whether there was a crime committed. To do so he needed to find out whether Plame was an undercover agent in the prior 5 years.
2. Upon determining that she was not, close the investigation.
Here is what he did instead:
1. Haul everyone under the sun into the GJ and ask them how they learned about Plame and who they told.
2. 2 years later, start investigating whether Plame was undercover by asking her neighbors. 3. Find one person with one discrepancy on a fact that was irrelevant because it pertained to something that was not a crime, and charge him with 5 federal felonies.
It's a Martha Stewart case again, but on a far more abusive set of facts. Martha could easily have been charged with insider trading, and lied about what she did. The only reason there wasn't an insider trading charge was that the proof wasn't there. Here, no one could ever have been charged with a crime, and Fitzgerald manufactured one instead of shutting down the investigation.
Are we going to say it is then ok for him to lie to the FBI and grand jury since he didn't illegally break Valerie Plame's cover?
The story he told the grand jury and the FBI is that Tim Russert told him about Valerie Plame on July 12th. Scooter Libby discussed her with Judy Miller on June 23rd. He lied to the grand jury. He should be punished for that, and then this matter should be closed for good.
right. but martha WAS told by the common broker that waksaw was selling. The public did not have this info....