First, what was the purpose of even naming Fitzgerald if there wasn't any crime committed? Why would anyone need the political cover of an independent investigation if there hadn't been a crime? Comey had this to say on the day he named Fitzgerald:
...I can't tell you about the details of any criminal investigation because our goal is to make sure that anyone we're pursuing doesn't know what we're doing, and also, anyone who might not be charged with a crime is not unfairly smeared.
And here are some comments regarding the authority he was giving to Fitzgerald, specifically mentioning things like issuing subpoenas to a members of the media and granting immunity.
...An outside counsel, according to the regulations, has to alert the attorney general to any significant event in the case; file what's called an "urgent report." And what that means is just as U.S. attorneys have to do that, he would have to tell the attorney general before he brought charges against anybody, before maybe a significant media event, things like that. Fitzgerald does not have to do that; he does not have to come back to me for anything. I mean, he can if he wants to, but I've told him, our instructions are: You have this authority; I've delegated to you all the approval authority that I as attorney general have. You can exercise it as you see fit.
So, in short, I have essentially given him --not essentially --I have given him all the approval authorities that rest --that are inherent in the attorney general; something that does not happen with an outside special counsel. Exhibit D
And a little more than a month into it, Fitzgerald received this letter from Comey:
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 andlor 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, IS/ James B. Comey James B. Comey Acting Attorney General Exhibit B
How about this for a question:
If, as this article states, Armitage talks to Taft who talks to Gonzalez, why the heck did we get a SP in the first place?