Could Patrick Fitzgerald be fired?

[libertypirate]

Monday, August 08, 2005
TREASONGATE: The US Attorney General's Office AND President Bush Have NO LEGAL AUTHORITY To Remove Patrick Fitzgerald As Special Counsel
The Attorney General, Acting Attorney General or any other officer of the Department of Justice has NO LEGAL AUTHORITY to remove Special Counsel Fitzgerald from the Treasongate investigation or prosecution-- AND -- President Bush does NOT have the legal authority to fire Patrick Fitzgerald in his capacity as "Special Counsel".

Analysis of federal law (involved with both the appointment of -- and authority granted to -- Special Counsel Fitzgerald), Comey's press conference of December 30th, 2003, and Decision B-302582 (September 30, 2004) issued by the Government Accounting Office, leads to the following legal conclusions:

More:
http://citizenspook.blogspot.com/2005/08/treasongate-us-attorney-generals.html

[maveric]

1. He could be "Archibald Cox'd". Remember from the Nixon WH?

[libertypirate]

3. How would that be if he is

acting with the authority of the US Attorney General to investigate?

He has full budget authority...

He does not ask permission from anyone at the DOJ...


WHY CAN'T FITZGERALD BE FIRED AS SPECIAL COUNSEL?

First, let me make it clear that Patrick Fitzgerald, while wearing the hat of US Attorney for the Northern District of Illinois, can indeed be fired or replaced by President Bush. There's no doubt about that.

But Fitzgerald wears a different hat pertaining to Treasongate where he is the "Special Counsel" "Acting" and vested with the "full authority" of the "US Attorney General" to prosecute Treasongate. And as such, nobody in the Department of Justice can touch him.

Not only was it Comey's intention to prepare Fitzgerald for the coming assault on his legally mandated plenary authority by vesting him with complete autonomous rule, but the GAO, through their approval of "permanent indefinite appropriations" to perpetually fund Fitzgerald's office, at the request of the Justice Department, has made a strong legal argument, in Decision B-302582, that Fitzgerald has all of the protections and authority normally granted to an independent prosecutor under the expired independent counsel law.

http://citizenspook.blogspot.com/2005/08/treasongate-us-attorney-generals.html

[Minstrel Boy]

2. important qualifier there:

"legal authority"

They've shown little hesitation about acting with illegal authority.

[On the Road]

4. Fascinating. I Have Only One Question:

Couldn't Bush fire a sitting Attorney General? And if so, couldn't he fire someone in Fitzgerald's role?

This is really great news if true, AND if Fitzgerald fights any attempts to dismiss him.