"Counsel has special power"

[G_j]

http://www.newsday.com/news/nationworld/nation/ny-usfitz234481553oct23,0,254245.story?coll=ny-nationalnews-headlines

Counsel has special power

BY TOM BRUNE
WASHINGTON BUREAU

October 23, 2005

WASHINGTON - The federal prosecutor investigating the leak of undercover CIA operative Valerie Plame's identity has extraordinarily broad authority to pursue the case, with powers much greater than most special counsels.

According to the letters outlining his role, he was granted "all the authority of the attorney general" and was directed to exercise that power "independent of the supervision or control" of any official at the Justice Department.

Unlike other special counsels, he does not have to report on his probe to anyone, he has no pre-set budget and he does not have to seek approval for his actions, whether issuing subpoenas to reporters, filing appeals in related litigation or, in the end, issuing indictments.

That is the charge for pursuing the case that was given to Patrick Fitzgerald, the U.S. attorney in Chicago, when he was appointed special counsel two years ago to insulate the Justice Department from charges of conflict of interest.

"The appointment gives Pat very broad authority to conduct the investigation," said Eric Holder, who was deputy attorney general in the late 1990s.


..more..
~~~~~~~~~~~~~~
another article published today,

http://www.sfgate.com/cgi-bin/article.cgi?
file=/c/a/2005/10/23/MNGAQFCQJ61.DTL

The man behind CIA leak inquiry
Special prosecutor said to be immune to political pressure

Edward Epstein, Chronicle Washington Bureau

Sunday, October 23, 2005


Washington -- When runners in Chicago's legal community finished their annual 5-kilometer Race Judicata this past August, U.S. Attorney Patrick Fitzgerald had done quite respectably. But while the other runners gathered to kibitz over post-race beers on a Thursday evening, the driven Fitzgerald returned to his Loop offices to put in more hours.

That in a nutshell is the 44-year-old Fitzgerald, the little-known special prosecutor at the center of the investigation into the public disclosure of CIA operative Valerie Plame. Acquaintances, colleagues and legal observers describe Fitzgerald, the 6-foot, 2-inch tall, still-slim former rugby player, as a straight arrow, a workaholic dedicated to doing the right thing.

And, they added, he doesn't concern himself with the political fallout.

So far, he has led the CIA-leak special investigation, which involves top aides to President Bush and Vice President Dick Cheney, without becoming a lightning rod for partisan criticism as did special prosecutor Lawrence Walsh in the Iran-Contra probe of President Ronald Reagan's administration and Kenneth Starr in his dogged legal pursuit of President Bill Clinton. All the while, he has continued as U.S. attorney in Chicago, a busy job that has him overseeing another politically charged case -- the prosecution on corruption charges of former Republican Gov. George Ryan.

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[hootinholler]

1. Good. This is finally making it into wider press.

Go Fitz!

-Hoot

[G_j]

2. ~~

[hootinholler]

3. .

[texpatriot2004]

4. kick and recommend. n/t

[mirandapriestly]

5. I don't understand how he got this power, I mean, I'm glad he did

I'm just surprised that this administration would allow him to get this far. The guy who appointed him was a rethug, wasn't he? That is the only thing that worries me, it's too good to be true. These people NEVER let the truth out.

[FreedomAngel82]

8. It is interesting how it all happened

I like to call it karma. :) From my understanding a friend of Fitzgerald's worked for Ashcroft and he nominated Fitzgerald and he got the job. So we have his friend to thank for that. And it is amazing how Fitzgerald did get all this power and still on the case. Maybe this is why he's kept the case so tight. It's very important security issue(s) and so he wouldn't give away anything to risk getting fired before his time is up. Nobody knows what he's going to do. But I know one thing: I got my popcorn ready!

[never cry wolf]

9. James Comey

Comey had worked with Fitz in the So. Dist. of NY office. Comey is a professional prosecutor, not a political appointee. He was appointed Asst. Atty. General just before Ashcroft recused himself. Once Ashcroft recused Comey essentially became the AG for this matter and he assigned Fitz as special prosecutor and endowed him with all his power. Essentially, as far as the Plame affair is concerned, Fitz is the AG of the US.

[buddysmellgood]

11. I agree.

[Jawja]

12. May have been appointed by a

Rethug, but perhaps not a neocon. Perhaps not on board with the world domination and war crimes thing. I believe perhaps there are some people in place who are AMERICANS first and who may not like Nero and his Gang of Thugs. That's the only sense I can make out of it.

[Octafish]

6. Smirko can't pardon himself, either.

The Constitution prevents the crazy moron from pardoning those involved in cases of an impeachable offense.

Treason.

[Gregorian]

10. I had only heard this once before, and on a Canadian radio station.

Thank you. I needed to hear it again.
I'm a very pessimistic person. And that has even me thinking positively.

[Octafish]

14. You're welcome, Gregorian! Article II.

It's an interesting dilemma the little turd from Crawford faces.

Article. II.

...

Section. 2.

Clause 1: The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

Emphasis added, for John Roberts and the surviving Felonius Three of Five -- and for more positive vibes.

[FreedomAngel82]

7. Bad news for the Bush regime

And so good news for us. I'm so excited the more I read about him. *sigh* He's such a humble person too it appears and serious.

[G_j]

13. FYI kick..