October 20, 2005

PlameGate: Will We Ever Know The Truth?

NYT examines whether Fitzgerald will bring indictments, release a detailed public report, or just fold up shop:
The special counsel in the C.I.A. leak case has told associates he has no plans to issue a final report about the results of the investigation, heightening the expectation that he intends to bring indictments, lawyers in the case and law enforcement officials said yesterday.

The prosecutor, Patrick J. Fitzgerald, is not expected to take any action in the case this week, government officials said...

Under Justice Department regulations, it is not clear whether Mr. Fitzgerald has the authority to issue a final report, even if he wanted to, although he has operated under a broad delegation of authority, issued in a pair of letters by James B. Comey, the former deputy attorney general. Those directives gave Mr. Fitzgerald virtually the same power as the attorney general to conduct criminal inquiries.

But even the attorney general is restricted in what information he can release publicly or present to Congress when it has been obtained, as Mr. Fitzgerald has gathered it, through extensive use of a grand jury, whose proceedings are secret. Even so, some lawyers have argued that Mr. Fitzgerald could issue such a report and have said there is general authority to report his findings if they are requested by Congress.

Without a report, it seems likely that questions about the case may remain unanswered and that a complete account of the administration's activities may never be known, including the details of testimony by the scores of administration officials who were interviewed in the inquiry.

The likelihood that crucial details might be kept secret would be increased if Mr. Fitzgerald brought charges that were narrowly focused on perjury, false statement or obstruction of justice counts involving misstatements by officials in their testimony. But he has also examined broader potential violations, among them whether there was an illegal effort, directed by senior officials, to disclose Ms. Wilson's identity.

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