Court documents were released yesterday which appear to sound the death knell for Special Prosecutor Patrick Fitzgerald’s case against Lewis “Scooter” Libby. Leftists who once eagerly anticipated a “Merry Fitzmas” are likely to find a lump of coal in their stockings next December, before the trial, scheduled for early 2007, ever gets underway.
Discovery requests by Lewis Libby’s defense team and the Dow Jones lawsuit to unseal the redacted pages of the Judith Miller appeal are proceeding. It is growing exceedingly obvious that the Special Counsel made a number of misrepresentations to the press and the court.
The sum and substance of his case is now clearly seen to be the difference in the recollections of Libby and those of Matt Cooper of Time Magazine, Judith Miller, then of the New York Times, and NBC’s Tim Russert regarding certain conversations. But these conversations do not involve the deliberate “outing” of a covert agent, did not affect national security and at best involve differing recollections of insignificant matters which should never rise to the level of a criminal prosecution.
We heard a great deal about what a honorable "straight arrow" Fitzgerald was during the time he was conducting his investigation. If so he isn't the first, and will not be the last, person to be corrupted by the spotlight.
For a prosecutor making "misrepresentations" to the press gets you kicked around in the court of public opinion. Doing so to the court should get you disbarred and sent to jail.
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