Delegation of Authority to Patrick Fitzgerald

Office of the Special Counsel ^ | 2/6/2004 | James B. Comey

[wotan]

The Honorable Patrick J. Fitzgerald
United States Attorney
Northern District of Illinois
219 S. Dearborn Street
Chicago, Illinois 60604

Dear Patrick:

At your request, I am writing to clarify that my December 30, 2003, delegation to you of "all the authority of the Attorney General with respect to the Department's investigation into the alleged unauthorized disclosure of a CIA employee's identity" is plenary and includes the authority to investigate and prosecute violations of any federal criminal laws related to the underlying alleged unauthorized disclosure, as well as federal crimes committed in the course of, and with intent to interfere with, your investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; to conduct appeals arising out of the matter being investigated and/or prosecuted; and to pursue administrative remedies and civil sanctions (such as civil contempt) that are within the Attorney General's authority to impose or pursue. Further, my conferral on you of the title of "Special Counsel" in this matter should not be misunderstood to suggest that your position and authorities are defined and limited by 28 CFR Part 600.

Sincerely,

/s/ James B. Comey James B. Comey Acting Attorney General

[wotan]

I thought it might be interesting for everyone to see just what Patrick Fitzgerald's charter is. Notice that he is not charged with simply identifying and prosecuting the leaker, but with investigating and prosecuting "violations of any federal criminal laws related to the underlying alleged unauthorized disclosure", etc. There is no requirement imposed that the "alleged unauthorized disclosure" must be proven to have actually been unauthorized.

[MNJohnnie]

Yes, but he DID have the Procedural judgment call to make. He COULD of said "Look this may all be an innocent mistake and since it does not materially reflect on the cause of this investigation, I will choose not to prosecute." I mean using the letter Libby sent Miller releasing her from her oath of confidentiality as a basis for the Obstruction of Justice charge??? That is sign of a Prosecutor OBVIOUSLY reaching for ANY reason to charge someone. This is all just a smoke job designed to keep the Dinosaur Media from turning on Fritz.

[sirchtruth]

This is all just a smoke job designed to keep the Dinosaur Media from turning on Fritz.

Definitely, however, if Libbly lied then Fitz did his job, you can't fault him for that...It's stupid, but the man was charged with investigating these things...

and includes the authority to investigate and prosecute violations of any federal criminal laws related to the underlying alleged unauthorized disclosure, as well as federal crimes committed in the course of, and with intent to interfere with, your investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; to conduct appeals arising out of the matter being investigated and/or prosecuted;

[There You Go Again]

I do agree that Libby should be charged if he knowingly lied under oath. (Sounds like he may have, but that is what a trial is for.)

What confounds me is why he would have lied under oath. (Again, if he indeed did.) I can only believe he thought he was protecting V.P. Cheney. He must have erroneously thought that V.P. Cheney could have been charged with outing a CIA agent. But, I wonder how an intelligent lawyer could not see that such a charge would not apply in Valerie Plame's case. I don't know, but I do wonder what the thinking was......

[OneLoyalAmerican]

Good Morning wotan:

Thank you for posting this scope of investigation and authority document.

Because Special Counsel Patrick Fitzgerald has not impressed me. Now this limited scope nonsense will have a life of its own, as it becomes the self-centered politician's fodder for one-upping another politician.

The document explains why Fitzgerald will not indict Ambassador Joe Wilson. Although we know Wilson lied about the trip to Niger, Wilson can not be indicted by Fitzgerald.

However, Wilson has proved himself a useful idiot for an alternate "mission." And that alternate "mission," sadly, was never the focus of the investigation. The alternate "mission" should actually be the Special Counsel's investigation subject.

Where is an investigation into the rouge elements within an unaccountable, government agency? The “agency” which actually provided the faulty intelligence which lead our Nation to war in Iraq, remains unaccountable for the quality of their workmanship. Then afterward, elements within that unaccountable “agency” undermined a President of the United States, during that war.

[wotan]

using the letter Libby sent Miller releasing her from her oath of confidentiality as a basis for the Obstruction of Justice charge

Searching through the indictment, I could not find any reference to a letter. Can you point it out to me?

[MNJohnnie]

if Libbly lied then Fitz did his job, you can't fault him for that...It's stupid, but the man was charged with investigating these things

Where did you first hear the name Valarie Palme? Answer now. Right now. Do not think about it. Tell me.

See how easy it would be for someone to make a mistake about that? I will fault Libby for giving definitive statements. Even a poor 2nd class Lawyer like Hillary knew better then that. She just said "I cannot recall".

[DB]

Perhaps.

But just how accurately could you remember a phone call you had two years previous? A phone call among thousands of others with no special distinction.

[wotan]

There is a question of just how related to the alleged unauthorized disclosure a violation of the law must be.

Apparently, Fitzgerald has also been looking at the Niger forgery, an absolutely clear violation of law. Variously, it has been reportedly traced to France (evil Frog-eaters) and to Michael Ledeen (evil neocon). Stay tuned. This could get really interesting. I am not accepting what anyone says as holy writ.

[SeeSalt]

"The document explains why Fitzgerald will not indict Ambassador Joe Wilson. Although we know Wilson lied about the trip to Niger, Wilson can not be indicted by Fitzgerald"

I apologize for my ignorance but why Attorney General Gonzales did not block that Fitzgerald bogus indictment?
Does Gonzales have or have not such a power?

[PhilipFreneau]

>>>This is all just a smoke job designed to keep the Dinosaur Media from turning on Fritz.<<<

Yes, he could be scared of crossing the MSM Cabal. But, as mentioned by others, he could also be looking for book, movie and other lucrative deals.

[queenkathy]

I read that first this Comby guy was going to be the special prosecutor but because of some conflict he couldn't do it, so he then appointed his best friend, Fitzpatrick to do it.
Then when Fitz couldn't find any law broken, he asked his "friend" Comby to expand his scope.
Anyone else remember this article that said this?

[lugsoul]

Regardless of whether Plame fit the IIPA definition, it is plainly obvious that Libby knew that her employment status was classified information (secure phone line, anyone?). He didn't want to admit he gave that info to reporters. He could, at a minimum, lose his clearance for doing so, which would pretty much end him as CoS.

So he lied. Like a child. And he got caught.

[sirchtruth]

See how easy it would be for someone to make a mistake about that? I will fault Libby for giving definitive statements.

Libby might have thought Fitz would have been somewhat lienant, however, I think Libby had more of a chance to revise any statements before charged.

[sirchtruth]

But just how accurately could you remember a phone call you had two years previous? A phone call among thousands of others with no special distinction.

That doesn't matter! If you don't remember, you state, I don't recall! You don't go state el defacto, I learned the name from Tim Russert the first time...That's a clear, precise statement.

[pepperhead]

I apologize for my ignorance but why Attorney General Gonzales did not block that Fitzgerald bogus indictment? Does Gonzales have or have not such a power?

I don't think he can. But even if he could that would be a terrible thing to do. It would be Watergate all over again. We don't need that.

[OneLoyalAmerican]

Apparently, Fitzgerald has also been looking at the Niger forgery, an absolutely clear violation of law.

Unfortunately, given the thread subject document, it appears such an investigation is outside Fitzgerald's scope of work. Perhaps I've missed something?

[SERKIT]

OK then who would start the investigation as to Wilson's fibbing to Congress and how soon can that investigation commence?

[ANGGAPO]

I just can't believe that Libby was so stupid to lie about that. He had to know that Tim Russert would be questioned. There is more to it than this.

[sirchtruth]

I just can't believe that Libby was so stupid to lie about that.

There is, it's called: You don't have a 2 year investigation wasting MILLION of taxpayer money to walk away empty handed.