Patrick Fitzgerald, press critic at large and a scary, scary man

[hang a left]

10/18/2005
Patrick Fitzgerald, press critic at large and a scary, scary man
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— weldon berger @ 4:58 am
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First, the big news: special prosecutor Patrick Fitzgerald has, according to the New York Daily News, acquired what an anonymous source who has testified to the Plame grand jury described as “a senior cooperating witness.” The implication is that this is a recent development; if true, it would indicate that someone involved in the case has arrived at the point where Fitzgerald seems scarier than the Bush White House, which is saying quite something. Much to be hoped for and taken with a large grain of salt, but that’s not why we’ve gathered here tonight.

In all the commentary on the havoc wrought upon the New York Times and journalism at large by Judy Miller’s role in the investigation of a White House leak exposing an undercover CIA operative, one prescient source of criticism on Miller’s and her paper’s stand has been entirely overlooked: Fitzgerald.

When Miller’s appeals of the contempt citation that ultimately sent her to jail were exhausted, she asked the district court to place her under house arrest or in a prison camp rather than in jail because, she said, her will was unshakeable and her health was frail. Fitzgerald’s response was both a masterwork of snark and a frighteningly accurate forecast of where Miller and her invocation of the journalistic imperative to protect her source would wind up.

Fitzgerald tidily disposed of Miller’s protestations that coercion was useless and that her health precluded confinement in a common jail, noting that contempt citations would be somewhat pointless if courts routinely accepted a subject’s assurance that no amount of jail time would change her mind, and pointing out that the same (unspecified) health conditions Miller cited as reason to serve soft time hadn’t kept her from trotting around Iraq. “Certainly,” he said, “one who can handle the desert in wartime is far better equipped than the average person jailed in a federal facility. ”

snip>

http://www.btcnews.com/btcnews/1135

[writes2000]

1. I Love Fitzgerald! That response rocks!

[progressivebydesign]

2. Her health is frail? Hmmm...

I don't know. She came out of jail with a fresh haircut, shiny hair, and healthy grin. Wonder if all other criminals might have a shot at being under house arrest if they feel frail. Fitzgerald is a bulldog. Good.

So.. Senior cooperating witness. Colin Powell?

[sam sarrha]

8. Collen did try to tell them not to do it.. and showed them the paperwork

about why they shouldnt do it..

he is also feeling serious shame and guilt from having been the point man to spread the lies that started the war.. i can only imagine the Horror he is feeling having gotten so many soldiers needlessly Murdered by Bu$hitCo.

he probably feels he will burn in hell, or be banned from Valhalla if he doesn't do something to stop that madman in the White House.

I may quit calling him Bu$h's Colon Pal if he's the one..

[stanwyck]

14. Her first activities after being released

were to get a manicure and a massage. Nothing wrong with that...I'd probably do the same.
But I don't think those are the first activities of a "frail" person.
A "frail" person might have more urgent medical concerns.

[Marie26]

3. Fitzgerald is my new hero. Seriously. n/t

[Cactus44]

4. How does 'Sen. Patrick Fitzgerald (D-ILL)' look?

Just a thought, but I like the look of that alot myself.

[whatever4]

9. I think I'd vote for him for position he sought nm

[kestrel91316]

12. Sort of like "Senator Elliot Ness" ............works for me!

[emulatorloo]

13. Not a democrat, not a republican, not an independent:Please enuff already!

http://www.washingtonpost.com/ac2/wp-dyn/A55560-2005Feb1?language=printer

Fitzgerald is careful to be apolitical in his targets and his public life alike. He registered to vote as an Independent in New York, only to discover, when he began receiving fundraising calls, that Independent was a political party. He re-registered with no affiliation, as he did later in Chicago.

He spit fire last year when reporters asked whether the racketeering indictment of Muhammad Hamid Khalil Salah, a fundraiser for the Islamic militant group Hamas, was timed to boost President Bush's reelection campaign. The case was trumpeted first by Attorney General John Ashcroft.

"I am not running for an election. I'm not part of a political party," Fitzgerald said at the time. "The election is irrelevant to this case. The reason we brought this case now is we're ready to proceed."

[Benhurst]

15. Sounds good; but Illinois has two good senators now, or at least

will have, I hope, once Obama (after a rather shaky start) finds his legs.

[Catherine Vincent]

16. He wouldn't run. He's not political.

[hang a left]

17. I bet he can't stand politicians.

I think he should be the president.

[NNadir]

5. Cool link. Thanks.

[Fridays Child]

6. I think Judy is going to factor into this thing in a surprising way.

How that will be, I don't know. But, like a lot of others, I don't think she's just a reporter protecting a source.

[G_j]

7. 'Sr. WH Officials Face Prospect of Life in Prison Unless They Testify'

sounds pretty scary...

http://releases.usnewswire.com/GetRelease.asp?id=55142

Senior White House Officials Face Prospect of Life in Prison for Outing of CIA Agent Plame Unless They Testify for Prosecution

10/17/2005 3:00:00 PM

To: National Desk

WASHINGTON, Oct. 17 /U.S. Newswire/ -- VelvetRevolution.us, a large coalition of organizations and citizens dedicated to honest government, has done an analysis of the Federal Sentencing Guidelines and its probable effect on the sentencing of any senior White House official convicted in the Valerie Plame affair. By going after Wilson and his wife, those officials apparently committed serious crimes which they then compounded by obstructing justice and committing and suborning perjury. As a result, they have virtually ensured that, if convicted, they could receive a sentence up to life in federal prison under the United States Sentencing Guidelines, which are used to compute sentences based on severity offense levels. The higher the level, the greater the sentence, and federal courts routinely follow the Guidelines in the vast majority of cases.

The best case scenario for those involved would be a conviction of only a single count of perjury or obstruction of justice, either of which carries a maximum sentence of five years in federal prison. Under the Guidelines, that would probably result in the maximum sentence because both charges have a base offense level of 14, and those convicted will most probably receive enhancements of 3 levels for substantial interference with the administration of justice, 6 levels for victimizing a government employee and family member, 2 levels for abuse of the public trust, and 4 levels for being a leader. These total 29 levels, which equals 87-108 months in federal prison under the Guidelines, far above the five-year statutory maximum, so the final sentence will be five years.

However, federal prosecutors rarely issue one-count indictments, but rather charge every possible violation. In the instant case, it is highly likely that Special Prosecutor Fitzgerald will throw the book at them, by charging conspiracy and violation of the Intelligence Identities Protection Act of l982 ("IIPA") (50 U.S.C., section 421), each carrying a maximum sentence of ten years, conspiracy and violation of the Espionage Act (18 U.S.C. 793), each carrying ten years, and multiple counts of perjury and obstruction of justice, each carrying five years. Moreover, because there was an agreement among many people in this case, there will most probably also be an overarching conspiracy charge to violate multiple statutes. It is significant that the IIPA mandates that any sentence under the Act be imposed "consecutively" to any other sentence in the indictment. Id. at section 421(d).

The Federal Sentencing Guidelines reflect the seriousness of a conviction under the IIPA by setting a base offense level of 30 for disclosure "by a person with, or who had access to, classified information identifying a covert agent." In the case of White House officials, the same enhancements mentioned above will be added to that base level, for a total of 42 levels, which requires a LIFE sentence. Of course, since the IIPA only allows for a maximum sentence of ten years, that life sentence could be imposed only by a conviction on multiple counts, such as conspiracy, perjury and obstruction of justice, running consecutively to the IIPA sentence.

..more..
-----------------------------------

[Cactus44]

10. They'd be getting off light.

The penalty for treason was death untill not too long ago.

[Botany]

11. “a senior cooperating witness.”

:rofl: