Fitzgerald’s off the hook, has been for years. They gave him a “search and destroy” authorization letter 2 months after his appointment, by which time he had doubt concluded there was no case (requiring precisely one discussion with the CIA and one telephone call from Armitage).
February 6, 2004
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
dag nabbit. I shoulda known it when Schumer was hailing Fitz.