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Patrick Fitzgerald—A Tale of Two Cases and a Congressman
vanity | October 30, 2005 | self

Posted on 10/30/2005 1:44:37 PM PST by libstripper

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1 posted on 10/30/2005 1:44:38 PM PST by libstripper
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Comment #2 Removed by Moderator

To: libstripper
The Federal statute in this case, 18 USC § 2511(1)(a) specifically prohibits any person from intercepting “any wire, oral or electronic communication[.]”

And he was right, because the meeting did not involve Interstate communication (or any electronic communication at all), and the only law that applied was Iowa law which did not prohibit the tapeing.

Next!!

3 posted on 10/30/2005 1:53:26 PM PST by adamsjas
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To: libstripper
If Brian Conley was a participant to the meeting or conversationsand Illinois is a two party state with regards to wiretaping like New York is, then no law was broken. In New York it is illegal to intercept or tape any converation by a third party, i.e. someone not participating in the conversation. Some jurisdictions are one party states where taping is illegal under any circumstance. That's what got Linda Trip in trouble as she taped in a one party jurisdiction which was Maryland. Someone will have to ascertain if Illinois is a two party state as most states are, or a one party state with regards to wirtapping laws.

The law you quote is relevant only to electronic intercept of communications to which you are not a party.



4 posted on 10/30/2005 1:56:09 PM PST by Cacique (quos Deus vult perdere, prius dementat ( Islamia Delenda Est ))
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To: Cacique
correction, change Illinois to Iowa.



5 posted on 10/30/2005 1:57:16 PM PST by Cacique (quos Deus vult perdere, prius dementat ( Islamia Delenda Est ))
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To: William Creel
I get tires of all these hoseheads persecuting Fitzpatrick. They are just killing the messenger. He did his job and he also stressed Libby was innocent. Fitzpatrick is a good prosecutor.He has been investigating the Daley administration and the Ryan administration in Illinois with no bias. These people who wish to impugn him should direct their ire at the MSM and the RATS who are trying to connect dots that don't exist. Once again, I will state Fitzpatrick stressed that Libby is innocent until proved guilty and the grand jury gathered enough info to press charges. The charges may or may not have merit. That's why we have a legal system. Those on FR who attack the prosecutor are no better than those who attacked Starr. I believe Libby is innocent of the charges. We will see what happens.
6 posted on 10/30/2005 1:58:18 PM PST by satchmodog9 (Free choice is not what it seems)
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Comment #7 Removed by Moderator

To: libstripper
By most accounts,from various political persuasions, Fitzgerald is a brilliant man and could make a fortune in private practice. If you're looking for unscrupulous and ambitious attorneys, I'd start with the private sector first.

This garbage is really beneath FR.

8 posted on 10/30/2005 2:01:11 PM PST by independentmind
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To: William Creel

All this money and time spent and all they can do is bust a Scooter.


9 posted on 10/30/2005 2:04:36 PM PST by satchmodog9 (Free choice is not what it seems)
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Comment #10 Removed by Moderator

To: William Creel

A lawyer.


11 posted on 10/30/2005 2:05:58 PM PST by satchmodog9 (Free choice is not what it seems)
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To: libstripper

"...in the Plame leak..."

I still don't understand why there was a grand jury investigation in the first place. The law they were citing to do the investigation was for covert operatives in FOREIGN COUNTRIES. Plame was in Langley, VA...besides which, everyone...her neighbors, et al, knew she was CIA; she was NOT in a foreign country!

Even so, if Libby had just told the truth each time he was questioned, they wouldn't have had a leg to stand on.


12 posted on 10/30/2005 2:07:50 PM PST by Fruit of the Spirit
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To: William Creel
ok , but we should probably make sure he is guilty first. fitz should have been clearer on the covert issue . but it could have been worse. if he was a hack he would have indicted everyone in the WH . think of the damage he could have done. he would have been enshrined in the democrat onward into the past hall of fame.his record on the terror fight has been excellent .
13 posted on 10/30/2005 2:22:53 PM PST by fantom
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To: William Creel

I don't even want to see Fitzgerald run for dogcatcher. He is a hack.


14 posted on 10/30/2005 2:25:56 PM PST by Palladin (America! America! God shed His grace on Thee.)
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To: satchmodog9
If Fitz is such a clean upstanding Prosector, just exactly what has he been doing for two years to get to a he said / he said situation?

Seems to me that he has missed at least half of the territory of his investigation and taken about 8x too much time to get to Friday's point.

15 posted on 10/30/2005 2:46:04 PM PST by Paladin2 (If the political indictment's from Fitz, the jury always acquits.)
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To: satchmodog9
He did his job and he also stressed Libby was innocent.

Did we watch the same press conference? It doesn't seen so.

The Special Prosecutor made absolute statements that Libby DID all these things, not allegedly did them.

I got the distinct impression that Fitz had at best a weak case, knew he had a weak case and also knew that what he presented sounded as if he knew the results would be perceived as a mountain laboring and producing a very small mouse.

Far from prounouncing Libby innocent, I thought he was doing his damndest to a priori convict him by press conference.

16 posted on 10/30/2005 2:54:12 PM PST by Ole Okie
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To: libstripper

(((This starkly contrasts with Fitzgerald’s investigation of the Plame leak case. Here the alleged underlying violation was of either the 1992 Intelligence Identities Protection Act (the Identities Act) or the Espionage Act. The Identities Act prohibits disclosure of the identities of “covert” CIA agents, 50 USC § 421, and narrowly defines a “covert” CIA agent as an individual whose “identity . . . is classified information and . . . who is serving outside the United States or has within the last five years served outside the United States[.]” The Espionage Act, 18 USC § 793 is equally narrow in that it applies only to a specifically listed set of disclosures, not including the disclosure of covert agents’ identities and prohibits such disclosure only if it is done “with intent or reason to believe the information is to be used to the injury of the United States, or to the advantage of any foreign nation[.]”



Plame wasn’t a “covert” agent since she had returned to the United States more than five years before her identity was disclosed. There couldn’t have been a violation of the Espionage Act because “covert” agents’ identities aren’t covered by that act and any disclosure of her identity was to protect the United States from the damage she and her husband were doing to it, not with intent to use the knowledge to injure the United States or help a foreign power.



Nevertheless, Fitzgerald went ahead with the Plame investigation without any reasonable chance of discovering any underlying statutory violation)))
~~~~~~~~~~~~~~
Oh for Pete's sake. He wasn't just empowered to investigate that one statute. He was empowered to investigate any illegal leaking. That could have meant the covert identity act, the espionage act, misuse of classified information, violating Wilson's civil rights, etc etc etc

Ashcroft & Gonzales both thought it warranted an investigation and chose him to do it. I'll trust that they had more info about the case than any of us.

And all of the griping ignores a point Fitzgerald made strongly. That Libby's lies made it difficult (or even impossible) to discover whether any of those laws had been broken. That's why people get charged with perjury or obstruction.

If Fitzgerald was the partisan hack some are making him out to be - he could have indicted Libby under those laws, he could have indicted Rove, he could have dragged Cheney back in under oath. Even if he lost the cases 18 months from now the damage would have been enormous. I've seen ambitious prosecutors indict on flimsy charges knowing that they probably won't hold up. They hope that more evidence will come later, or that the perp will plead, or someone will flip. Fitzgerald didn't do any of that...did he?


17 posted on 10/30/2005 3:02:13 PM PST by Dorian
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To: Fruit of the Spirit

If it weren't for the Republican Party and Abraham Lincoln, Langley, VA, would be in a foreign country (to the U.S.). Of course, the CIA headquarters wouldn't be located there.


18 posted on 10/30/2005 3:06:33 PM PST by Verginius Rufus
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To: Paladin2

If Fitz is such a clean upstanding Prosector, just exactly what has he been doing for two years to get to a he said / he said situation?

Did you watch his press conference? You know..the one where he said that if all of the people who received subpeonas had just shown up to testify that news conference & indictment would have happened in October 2004 instead of Oct. 2005. He spent a year traipsing through courts to force people to testify.

Would you like to keep griping about him spending 2 years at the investigation? Would you have been happier if this indictment and controversy happened last october just weeks before the election?


19 posted on 10/30/2005 3:06:37 PM PST by Dorian
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To: Dorian

OK, maybe Fitz isn't a partisan hack. Maybe he is a bipartisan hack. He presented this crap to the "grand" jury when he could have just told them the media was lying as usual and it was beneath them to waste their time on it.

Then again, Fitz is a lawyer, and his lips have been moving................


20 posted on 10/30/2005 3:17:47 PM PST by MilleniumBug
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