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WARNING: Baby Fit Approaching!

by John F. Tamburo, Editor in Chief, Publisher
Originally Posted: 10/19/2005 12:13:35 PM

Patrick Fitzgerald, special prosecutor of the outing of CIA agent Valerie Plame Wilson, is reported in the New York Times as having chosen not to file a final report when the Grand Jury expires on October 28.  The report goes on to say that this means that indictments are pending, because to close the investigation with neither indictments nor a final report will "set off a political firestorm."  The facts belie the premise of the report, and the press knows it.  This statement is nothing less than a subtle gauntlet thrown down at Mr. Fitzgerald’s feet.  It’s a threat:  "Indict Karl Rove and / or Scooter Libby or we will make your life a living hell."  Thisis no less than the threat of a baby fit by the press.

"Mr. Fitzgerald’s integrity is what will prevent him from violating Grand Jury secrecy rules or Justice Department regulations to disclose a final report.  He could ask a judge for leave to make such a report.  He appears to have decided not to do so."

Why do the facts belie this?  Well, for starters, Patrick Fitzgerald is a man of unassailable integrity.  He would never do anything that is not on the straight up-and-up, ever.  The reason that Illinois Republicans, aside from his benefactor, former Sen. Peter Fitzgerald (no relation), hate him is that he did not restrain himself from indicting fellow Republicans. These Republicans include former governor George Ryan, who is presently on trial in Chicago, Fitzgerald’s home district, on corruption charges.  Mr. Fitzgerald’s integrity is what will prevent him from violating Grand Jury secrecy rules or Justice Department regulations to disclose a final report.  He could ask a judge for leave to make such a report.  He appears to have decided not to do so.  Does this means that he will resort to a massive number of indictments?  No.  Nor does it mean that he will close the investigation and be silent.  It’s too early to tell.

Fitzgerald’s integrity also renders him quite immune to threats of press excoriation.  He risked his law enforcement career, which is legendary (he is the one who successfully prosecuted the 1993 World Trade Center bombing, among other stellar achievements), to pursue illegal acts by fellow Republicans.  Do you think that he will flinch over some whiny reporters?  Neither do I.

"What Mr. Fitzgerald’s integrity means for this investigation is that it has been, and will be, scrupulously honest.  He won’t do a ’Ronnie Earle’ and try to manipulate a Grand Jury into issuing an indictment.  He won’t even ask for an indictment unless there is real and compelling evidence of crminial activity.  This is problematic for the leftist press.  They need indictments, or their hype, and the hype of their friends in the extreme leftist pundit ranks, will look as dishonest as it actually is."

What Mr. Fitzgerald’s integrity means for this investigation is that it has been, and will be, scrupulously honest.  He won’t do a "Ronnie Earle" and try to manipulate a Grand Jury into issuing an indictment.  He won’t even ask for an indictment unless there is real and compelling evidence of crminial activity.  This is problematic for the leftist press.  They need indictments, or their hype, and the hype of their friends in the extreme leftist pundit ranks, will look as dishonest as it actually is.  Chris Matthews has Karl Rove already in prison.  The leftist blogs are manufacturing "facts" from whole cloth to bolster their claims that everyone in the Bush administration from the President himself down to the White House pastry chef are criminal conspirators.  Without indictments, which the Left will undoubtedly use as proof positive of criminal guilt, these extremists will be made out to be liars.

It is possible that some people will be indicted on "collateral" offenses, such as lying to a Grand Jury.  Washington tends to make people abandon their candor and "cover up" things that may look bad, even if they are not unlawful.  The end result is that the non-criminals make criminal mistakes in an effort to look good.  It is also possible that we don’t have a full understanding of the facts in this matter and there has been a crime committed in "outing" Valerie Plame.  However, if the substantiated facts we’ve heard are all of the true facts, I don’t see where any law has been broken.  The people who wrote the law in question have stated, repeatedly and publicly, that on those facts, the law was not violated even if there was an "outing."

"Does the press want Fitzgerald to ask for indictments merely to scold non-criminal but unethical conduct?  If so, they are barking up the wrong tree.  Also, threatening the man with nasty press, even as subtly as this "political firestorm" comment does so, is just plain wrong.  Again, I think that Patrick Fitzgerald has the cajones to handle some whiny reporters without so much as breaking a sweat."

Does the press want Fitzgerald to ask for indictments merely to scold non-criminal but unethical conduct?  If so, they are barking up the wrong tree.  Also, threatening the man with nasty press, even as subtly as this "political firestorm" comment does so, is just plain wrong.  Again, I think that Patrick Fitzgerald has the cajones to handle some whiny reporters without so much as breaking a sweat.  I wonder of Mr. Fitzgerald plans to wrap things up and go home without doing anything to anyone.  He could also release a letter saying that the investigation revealed no criminal conduct at all.  Either of those options will trigger the whiny reporters (and more than a few whiny Democratic officials).  And I think that Patrick Fitzgerald won’t care, as long as he knows the truth in heart, that he has honestly handled this process.

Personally, I believe that Karl Rove is not so ruthless as to adopt a "total warfare" policy against someone who made one nasty anti-Bush statement that, strategically, was best left ignored.  He has always adopted a far more conciliatory stance.  Moreover, in a White House that has been known widely to hate leaks, someone as high up on the food chain as Karl Rove seems unlikely to resort to leaking information, especially classified information, just to poke Valerie Plame’s husband in the eye.

I am beginning to see an indictment-free end to this matter, or if there are indictments, peripheral indictments.  And I am beginning to see the baby fit of the millennium, from the again-discredit left, including both Democratic leaders and the press.