Brilliant play in politics unless you were the target of such an action.

Politics is a dirty business! You’ve got to love it to appreciate it!!

YOU’LL NOT HER THIS LINE OF TRUTH from her publishers nor Warner Bros. if they’ve not been bought, wines and dined by interests linked to the conservative party, or even from the democratic one they’ve called their own.

Google “invest_mavin”

The World’s Greatest Detective!
The Odyssey. The Revolution!

For example, as a result of the Plame hearing we’ve now learned everyone in the WH known to have been involved did NOT follow Bush’s own Executive Order as pertains to the handling of classified information. This would include Bush himself, It is my understanding that Fitz is charged with the authority to investigate this related matter and prosecute all violators of this EO.

My reading of James Comey’s Feb. 2004 memo is different from LHP’s. I am not an attorney so I defer to LHP’s greater knowledge of law—but still, I see a different message in there:

“[My delegation of authority to you] 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… with the intent to interfere with your investigation…”

Since obstruction is specified in that passage as an additional crime to investigate, it stands as separate from the other phrase “violations of ANY federal criminal laws related to the…unauthorized disclosure”. So for example if Fitz, while investigating the Plame leak, were to come across evidence that someone in the administration was behind the forgery of the yellowcake document, and that forgery violated federal law, perhaps he would be authorized to pursue that crime—because it is related to the unauthorized disclosure. It would be a part of a whole conspiracy. Plame’s exposure might have been carried out to dissuade others from leaking information which might expose the forger. The connection is clear. And suppose the crime of treason were also discovered in the course of Fitz’s investigation? Suppose for example Cheney and others purposely exposed Brewster-Jennings, not just to punish Joe Wilson, but also and more importantly because the CIA’s WMD-counterproliferation unit was coming dangerously close to exposing weapons-smuggling and terrorist operations organized by the PNAC neocons? Surely that would be a crime Fitz could legitimately pursue—but of course the sticky wicket is, how do you pursue powerful men for a capital crime, when they control the executive branch including the Justice Department which employs you?

We’re down the rabbit hole; this thing just keeps getting more interesting. Fitz has said he plans no more indictments unless further evidence comes to light. But I don’t hear in there “This case is closed for good, end of story”—and I don’t hear “No other indictments currently exist.” I recall that flap last spring when TruthOut’s Jason Leopold wrote a series of articles reporting that Rove had been indicted, but the indictment appeared to have evaporated for some reason. Rove’s attorney denied the indictment but he would not produce the letter from Fitz which he claimed exonerated his client. And there was talk of a sealed indictment, Sealed v. Sealed—-sealed on both ends for top secrecy, a most unusual thing. If it’s true that such an indictment exists, the double-ended seal means nobody can have access to it, not even officials of the Justice Department, until the judge orders it—usually at the request of the prosecutor when conditions are right for arrest and trial. Sealed indictments are used for tactical reasons, when the prosecutor wants to avoid tipping off the defendant and his associates. Thus the indicted person continues to walk free, unaware that he’s been indicted. This may go on for months or even years as the investigation continues. The statute of limitations may even run out on the crime, so the guy thinks he’s safe—but he can be tried and convicted as long as the indictment was filed on time, and it will hold up on appeal.

Is there a sealed indictment of Rove, waiting to be sprung at some later date? Are there indictments of Cheney and others?

Now if that didn’t blow your mind, let me tell you about “presentments”. The Constitution provides for grand juries to have the power, on their own, to investigate crimes committed by government officials and to call for their arrest and trial. It’s called a presentment. It’s an alternative to the indictment (which is always spearheaded by a prosecutor), and its purpose is to circumvent corrupt officials including prosecutors who might obstruct the process. Thus a grand jury can, entirely on its own initiative, question witnesses and subpoena documents and make a determination that a crime has occurred. Some have speculated that Fitz feared he would be replaced and so he educated the grand jury on this special power of presentments and left them to do their work on a particular area of the investigation independently—say, the matter of Cheney and treason? Presumably the grand jury would not be constrained by the specific bounds of Fitz’s authority, and they would not have to report to him their findings. They could ask the judge for their presentment to be double-sealed (concealing their role as its source), and the result would be that Fitz would have no obligation to report on it to his boss—because he would have no independent knowledge of what they had done. Thus he could announce to the public that no further indictments are expected unless new information comes to light—leaving Rove & company blissfully unaware of their legal peril. Some have speculated that Fitz got the judge’s permission to reveal an indictment to Rove last year, then re-seal it so that only Rove and his lawyer would know about it. The purpose would be to gain Rove’s secret cooperation in ratting out others. Prosecutors do this all the time.

(But we know Karl is an honorable guy, don’t we? He would never rat on his associates just to save his own skin.)

I know I’m a first-timer here and this is a long post, but I wanted to share all this information. I have links on these legal facts if anyone wants them. Maybe there’s nothing to it, but I can’t get over the feeling that there’s more to this thing than we know, and maybe more to be revealed in the future.

Many thanks to LHP, Christy, Marcy, TRex et al. for your kick-ass commentary. This is a great web site.

Thanx, Raven, You’re too kind! I do enjoy the seasons change, I’ve been to the White Mountains, stood on top of the Old Man…, during the height of Autumn, Skied the Austrian Alps and experienced the DMZ in Korea during the middle of the winter(BRRR!). However, no place beats the Big Isle!!!

I kinda like the Maui upcountry. But then I recently spent 17 years in Flagstaff, AZ at 7,000 feet, where we had real seasons, big temperature swings between night and afternoon, so each day started out fresh and invigorating. The days are all too much alike here for me. and I’m spending more in rent on a one-bedroom apartment here than I spent in monthly mortgage payments on a 3-bedroom house with a double garage and a family room in Flagstaff.

I’ve been on both sides of Big Island, but only along the coastal strip. Big Island has nice variety, but its hard to get around.

Bob in HI

CTuttle @ 227

LHP, you do recognize that Waxman can subpoena Fitz, ‘…and the manual is silent…’, Waxman is doing a masterful job of encircling the Shrub’s Misadministration! I can almost see the light at the end of the tunnel… I truly foresee Waxman putting Fitz to good use!

It has occured to me….

LHP,
Thanks for staying around to respond to questions!
Bob in HI

DaKineo1, You must have been stationed with the 25th ID, Aiea would put you in close proximity of Scofield Barracks! Or, Pearl, or Camp Smith, or Kaneohe, or….

Aiea close proximity to Schofield barracks??? Not by local standards. The barracks are up in Wahiawa, in the middle of Oahu, in the Up country. The freeway ends there. Aiea is part of metro Honolulu. True, its only about 15 miles or so, but in local geographical terms, its a long way!

Bob in HI

CTuttle @ 235

Sorry, LHP, for bringing about the divergence in the open thread, Hawaii evokes strong memories and emotions, it truly is paradise!!!

What he said…I’ve always known that if I ever win a large enough lottery jackpot, I’m moving back in a new york minute…

Winning the lottery is about what you need to do to afford a house here.

Speaking of New York minutes, Waikiki is like Manhattan with a beach. Only more fun. Kalakaua is alive 24/7 within half a mile or more of the Duke’s statue.

Bob in HI