1 Boring Old Man

A Nonpartisan Reputation at Stake
For Prosecutor, Libby Verdict May Mean Vindication or Political Taint

By Carol D. Leonnig

Washington Post Staff Writer
Friday, February 23, 2007

When the jury in I. Lewis "Scooter" Libby’s perjury trial returns with its verdict, its decision also will intensify the debate over whether Special Counsel Patrick J. Fitzgerald should have brought the case in the first place.

For Fitzgerald, who has led the CIA leak investigation for more than three years, an acquittal for Vice President Cheney’s former chief of staff would be a blow to a reputation as a nonpartisan prosecutor with a record of high-profile successes. Some say it would vindicate critics who think Fitzgerald went too far by charging Libby with perjury when no one was indicted for the original offense investigated, the leak of an undercover CIA officer’s name.

"The stakes are enormously high," said Robert Mintz, a former federal prosecutor and now a defense lawyer. If Fitzgerald loses this case, Mintz said, "some will say he lost his way in his search for truth, just another case of a prosecutor who sets off and thinks they can’t come back unless they have a prosecution, no matter how trivial."

But several lawyers monitoring the trial as spectators say Fitzgerald has presented a compelling case that the government had a duty to bring.

A federal court jury began deliberating Wednesday about whether Libby intentionally lied about his conversations with reporters and his role in disclosing the identity of CIA officer Valerie Plame in the summer of 2003.

Fitzgerald’s investigation shined a spotlight on Cheney’s strong interest in rebutting a war critic, the White House’s case for war with Iraq, the conduct of top officials and the Washington press corps.

There’s a general rumble that Patrick Fitzgerald with a reputation for being non-partisan, has turned partisan by bringing this case to trial – particularly the limited case of lying to the Grand Jury. They interpret his passion in his closing argument as partisan as well.

What the hell is partisan about the truth? He was very clear in announcing the indictment and in his closing argument. His investigation could not get to the truth because the people, at least one of the people, Scooter Libby, wouldn’t tell the truth. In his investigation, he ran up against roadblock after roadblock with reporters who didn’t want to talk. He hacked away at them, sending one of them to prison, to get their testimony. When an Administration Official that was key to the case lied repeatedly. Fitzgerald charged him with lying. What’s partisan about that? The guy’s just doing his job.

I’m partisan. Jane Hamsher is partisan. Nancy Pelosi is partisan. We partisan types would’ve been glad if he’d charged the entire Executive Branch of the government with high treason, but he’s not that kind of guy. Patrick Fitzgerald is a Federal Prosecutor with an investigation handed to him by the Justice Department. And sure, my partisan self hopes he wins with Scooter Libby like he did with Judith Miller, Matt Cooper, Tim Russert, etc. There’s a truth that needs finding. He’s still got a job to do…