[Mb-civic] Special Counsel's Value Is Upheld - Washington Post

[William Swiggard]

pecial Counsel's Value Is Upheld
Analysts Praise Probe's Autonomy

By Charles Lane
Washington Post Staff Writer
Sunday, October 30, 2005; Page A14

Whether or not special counsel Patrick J. Fitzgerald wins a conviction 
against former vice presidential adviser I. Lewis "Scooter" Libby, legal 
analysts say he already may have proved what many once doubted: that the 
Justice Department can deal credibly with allegations of White House 
wrongdoing.

The CIA leak case in the Bush White House is the first high-level 
scandal since 1999, when the federal law that had authorized past 
independent counsel investigations had been allowed to lapse because of 
frustration by both Republicans and Democrats with past inquiries' cost, 
length and lack of accountability.
   

Special Counsel Patrick J. Fitzgerald, at lectern, with FBI Special 
Agent Jack Eckenrode, announces the grand jury's decision.
Special Counsel Patrick J. Fitzgerald, at lectern, with FBI Special 
Agent Jack Eckenrode, announces the grand jury's decision. (By Melina 
Mara -- The Washington Post)
Understanding the Plame Affair

    * Key Players in the CIA Leak Case  Analysis and short biographies 
of the main individuals involved in the investigation of the leak of 
Valerie Plame's identity to the press.
    * Explaining the Charges 
    * Q&A: The Leak Case Facts 
    * Timeline: Libby's Role 
    * Full Text of Indictment: US v. Libby 
    * Special Counsel's Press Release Detailing Libby Indictment 
    * Transcript: Fitzgerald's 10/28 Press Conf. 
    * Pres. Bush's Remarks 

Background on the Plame Investigation

Find stories, video, discussion transcripts and associated features 
related to the investigation of the leak of CIA operative Valerie 
Plame's identity to the press.

    * Special Report:  Plame Investigation 

Photos
I. Lewis
Career Highlights of I. Lewis "Scooter" Libby
I. Lewis "Scooter" Libby, Vice President Dick Cheney's chief of staff, 
is at the center of an investigation into the leaking of CIA agent 
Valerie Plame's identity.
 From FindLaw

    * Plame Investigation Leaks  Links to court rulings, briefs, and 
government documents pertaining to the leak investigation (and the First 
Amendment battle).
    * The Intelligence Identities Protection Act of 1982 

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But, the analysts say, Fitzgerald's investigation has maintained its 
focus, there have been no leaks from his grand jury and he has shown 
restraint by indicting just one person so far -- declining even to name 
publicly other people he might have targeted. The main reason his 
22-month investigation has gone on so long is that he spent months in a 
related court fight over the right to question reporters about their 
confidential sources.

Fitzgerald's appointment "eliminated the risks of the old independent 
counsel statute, and it's worked just beautifully," said John Barrett, a 
professor of law at St. John's University who served as a senior aide to 
Iran-contra independent counsel Lawrence E. Walsh for five years. "It 
looks like a traditional, responsible, very aggressive but professional 
prosecutor's work."

The 1978 independent counsel law was enacted as a response to the 1973 
"Saturday Night Massacre," in which President Richard Nixon ordered the 
firing of Archibald Cox, a Watergate special prosecutor who had been 
appointed by his own attorney general. That experience created a lasting 
concern about conflicts of interest within the executive branch.

Under the law, which was renewed every five years in slightly different 
versions, the independent counsel was appointed by a three-judge panel 
that was itself selected by the chief justice of the United States. The 
law survived a Supreme Court challenge from opponents who saw it as 
creating an unaccountable, fourth branch of government.

But after the Republican administration of President Ronald Reagan was 
bruised by Walsh's nearly seven-year investigation, and the 
administration of Democrat Bill Clinton was battered by Kenneth Starr's 
probe, Congress let the law expire in 1999.

Fitzgerald, the U.S. attorney in Chicago, was appointed in December 
2003, after the Bush administration yielded to criticism of its initial 
plan to let Attorney General John D. Ashcroft supervise a probe.

Ashcroft recused himself, giving his then-deputy, former career 
prosecutor James B. Comey, authority over the case. Comey chose 
Fitzgerald, whom he already knew and respected.

In what would prove a crucial step enhancing Fitzgerald's independence, 
Comey waived 1999 special counsel regulations that would have required 
Fitzgerald to notify the attorney general in advance of major 
prosecutorial decisions and to submit a confidential report at the 
conclusion of his investigation.

As a result, Fitzgerald had almost as much autonomy as an independent 
counsel would have -- though, unlike an independent counsel, he was 
still technically subject to being fired by the Bush administration if 
he clearly abused his authority.

The absence of any reporting requirement meant that Fitzgerald had to 
adhere to the traditional prosecutorial rule against publishing any 
information outside of an indictment. In contrast, independent counsels 
were required to submit exhaustive findings to the three-judge panel -- 
and Starr made a now-famous impeachment report on Clinton to Congress.

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http://www.washingtonpost.com/wp-dyn/content/article/2005/10/29/AR2005102901221.html?nav=hcmodule
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