Fitzgerald Apparently Mulling Criminal Conspiracy Charges Vs. Libby, Rove

As his investigaiton into the unmasking of CIA operative Valerie Plame concludes, Special Prosecutor Patrick Fitzgerald is apparently mulling charges of a criminal conspiracy perpetrated by senior Bush Administration officials, most likely including I. Lewis "Scooter" Libby and Karl Rove.

The Washington Post, in a story in today's issue, said Fitzgerald may take this tact because he lacks evidence to prove a violation of the Intelligence Identities Protection Act, which he first set out to investigate. To prove a violation of the act, Fitzgerald would have to show that government officials knew an operative had covert status and intentionally leaked the operative's identity.

According to lawyers who spoke to the Post on the condition of anonymity, Fitzgerald is apparently considering the alternative, which may be easier to prove.

Under this legal tactic, Fitzgerald would attempt to establish that at least two or more officials (conceivably, Libby and Rove) agreed to take affirmative steps to discredit and retaliate against Plame's husband, former ambassador Joseph C. Wilson IV, and leak sensitive government information about his wife. To prove a criminal conspiracy, the actions need not have been criminal, but conspirators must have had a criminal purpose.

While conspiracy cases are viewed by criminal prosecutors as simpler to bring than more straightforward criminal charges, they are also trickier to sell to juries. "That would arguably be a close call for a prosecutor, but it could be tried," a veteran Washington criminal attorney with longtime experience in national security cases told the Post.

The grand jury is scheduled to expire Oct. 28, and lawyers in the case told the <em>Post</em> that Fitzgerald could signal his intentions as early as this week.

Fitzgerald is investigating whether anyone illegally disclosed Plame's name or undercover CIA job in retaliation against Wilson. In a 2003 op-ed piece in the New York Times, Wilson accused the White House of using "twisted" intelligence to justify the invasion of Iraq.

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This item first appeared at Journalists Against Bush's B.S.

NAIL the sonofabitch. And his asshole boss, too.

If I were you I would delete that post. We don't want to jinx things. Haven't we had enough door slams over the last 5 years?

This would be the ultimate Christmas gift and an early one too.

PLEASE...PLEASE...PLEASE!!!!

I don't totally agree with this article either. I think many charges are going to be perjury and obstruction of justice. Maybe one or two non-indicted co-conspirator charges.

This has been a very long investigation. Fitz isn't giving up easily.

Next week, I bet!

but when.

I assume W and and the gang are huddled up at Camp David this weekend trying to figure out what to pull next to save their sorry asses.

The actual espionage codes, The US Codes 18 793/794? citizenspook on his blog, explains that Fitz will never get a conviction under the IIPA, because just as you wrote the Wash Po article states "that he lacks evidence to prove a violation of the IIPA occurred"...but if the proper US Codes of Justice were used...Fitz has everything he needs to convict...so why are the proper codes being ignored, in favor of using the IIPA?
another case of smoke and mirrors? IMO, anyone who was a party to outing her, is guilty of treason...no ands, ifs, or buts...
windbreeze

and Fitzgerald knows how important doing this case right is.

If the CHIMP were CONSIDERING nominating a conservative-leaning-moderate or even a "moderate" person to replace O'Connor, he would take a SHARP RIGHT if indictments were to come down first... he would badly need the distraction of a bloody, partisan battle to dilute the media feeding frenzy that could follow. Our MSM would be only too willing to focus on "those partisan Democrats" than shine a light on the rats infesting the WH.

it is a lead pipe cinch that Fitzgerald does as well. I certainly hope he's contemplating more than those two shit-smears.