Results tagged “Patrick Fitzgerald” from David Corn

The Problem with a Special Prosecutor on Torture

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There's been a lot of calls on the left for a special prosecutor to investigate the Bush administration's use of torture (or enhanced interrogation techniques, if you're Dick Cheney). While a special prosecutor might be necessary to determine if any crimes were committed, the appointment of a Patrick Fitzgerald-like investigator would in no way guarantee that the public will learn the full truth about this affair. As I write for Mother Jones:

The other day I ran into a Democratic member of the House of Representatives, and this person noted that he fancied the idea of appointing a special prosecutor to probe the Bush administration's use of harsh interrogation tactics, a.k.a. torture. He noted that he even thought there was a chance that Attorney General Eric Holder might do so.
"That's not necessarily a good idea," I said. His eyes widened, and he asked why.
"Patrick Fitzgerald," I replied.

I go on to explain:

This was first published at www.motherjones.com....

Patrick Fitzgerald is back.

With his dramatic arrest of Illinois Governor Rod Blagojevich on an assortment of corruption charges--including the allegation that Blagojevich wanted to sell the Senate seat vacated by President-elect Barack Obama--Fitzgerald, the hard-charging U.S. attorney in Chicago, has returned to the national stage as a scourge of dishonest government. His last star turn was as the special counsel who successfully prosecuted Scooter Libby, Vice President Dick Cheney's former chief of staff, for having lied to FBI agents and a grand jury during the investigation of the leak that outed CIA officer Valerie Plame Wilson.

Throughout that investigation, the non-nonsense Fitzgerald repeatedly insisted that the case was about a simple matter: whether Libby had lied. But he did note it had wider implications. When Fitzgerald presented his closing argument, he declared, "There is a cloud on the vice president." He added: "And that cloud remains because this defendant obstructed justice." Two weeks later, after winning a guilty verdict on four of five counts, Fitzgerald noted, "Mr. Libby had failed to remove that cloud....Sometimes when people tell the truth, clouds disappear. Sometimes they do not." And when Bush commuted Libby's sentence, ensuring that Libby would serve no prison time, Fitzgerald huffed, "It is fundamental to the rule of law that all citizens stand before the bar of justice as equals."

His not-too-subtle point was that when it came to integrity, the Bush White House--or at least Cheney's wing--was, well, cloudy. (The trial had revealed much about Cheney's hard-edged political operation.)

The Libby case, for some, was a hard-to-follow affair, and conservatives and Republican allies of Libby and the Bush administration had rampaged against Fitzgerald and tried mightily to muddy up the episode. Thus, Fitzgerald's implied indictment of the Bush crowd partially got lost in the middle of a partisan mud fight. With the Blagojevich case, Fitzgerald is once again championing honest government, but this time he appears to have a case less likely to get caught up in the distracting swirl of ideological attacks. After all, Blagojevich has few friends who will go on cable TV to blast Fitzgerald for being a run-amok prosecutor. There may even be Republicans who praise his pursuit of Blagojevich, a Democrat.