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Law Bars Fitzgerald from Issuing Report
NewsMax.com ^ | Oct. 19, 2005 | Carl Limbacher

Posted on 10/18/2005 9:11:09 PM PDT by Carl/NewsMax

The New York Times reports in Wednesday editions that sources familiar with the Leakgate investigation say that Special Prosecutor Patrick Fitzgerald has decided not to issue a final public report - a move that the Times claims heightens the "expectation that he intends to bring indictments."

But according to former Independent Counsel Joseph DiGenova, Fitzgerald's decision not to issue a report is meaningless - because the law forbids him from doing so.

Asked Sunday whether he thought the Leakgate prosecutor would issue a report on his nearly two-year-old probe, DiGenova told ABC's "This Week": "He's not legally entitled to do so. He cannot issue a public report."

Sounding disappointed, "This Week" host George Stephanopoulos insisted: "Well, [he can] if the court says he can."

Once again, DiGenova set the record straight, explaining that Fitzgerald would "have to get a very special court order which is rarely granted."

Even Democratic lawyer Richard Ben-Veniste, who was also on 'This Week," said he agreed with DiGenova that Fitzgerald cannot legally issue a report.

Still, the Times hyperventilates in its Wednesday report:

"By signaling that he had no plans to issue the grand jury's findings in such detail, Mr. Fitzgerald appeared to narrow his options either to indictments or closing his investigation with no public disclosure of his findings, a choice that would set off a political firestorm."


TOPICS: Extended News
KEYWORDS: cialeak; fitzgerald; leakgate; report
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1 posted on 10/18/2005 9:11:11 PM PDT by Carl/NewsMax
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To: Carl/NewsMax

The NYT threatening the SP with smears of his rep if he does not indict.


2 posted on 10/18/2005 9:13:17 PM PDT by roses of sharon
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To: Carl/NewsMax
Thanks Carl!

I hope this is a good thing!

3 posted on 10/18/2005 9:14:15 PM PDT by Repub4bush ((Proud Member of the Water Bucket Brigade) Mark Levin for Kennedy's SCOTUS seat!)
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To: Carl/NewsMax
Sounding disappointed, "This Week" host George Stephanopoulos insisted: "Well, [he can] if the court says he can."

Interesting .. sounds like George was hoping more for a report then anything else

4 posted on 10/18/2005 9:14:31 PM PDT by Mo1
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To: Carl/NewsMax

Somebody needs to get this info to Mr. Drudge since it looks like he's buying into the hyperventilation.


5 posted on 10/18/2005 9:18:55 PM PDT by conservativepoet
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To: Carl/NewsMax
"By signaling that he had no plans to issue the grand jury's findings in such detail, Mr. Fitzgerald appeared to narrow his options either to indictments or closing his investigation with no public disclosure of his findings, a choice that would set off a political firestorm."

The New York Times doesn't even bother to hide its bias anymore. The former "paper of record" is utterly shameless. To those scumbags, NOT indicting "would set off a political firestorm" - - apparently, INDICTING is what they fully EXPECT (and of course, really really hope for).

If Fitzgerald does NOT indict SOMEBODY ANYBODY from the Bush Administration it will set off a political firestorm in the NY Times newsroom, that's for sure.

6 posted on 10/18/2005 9:19:38 PM PDT by Lancey Howard
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Comment #7 Removed by Moderator

To: MrCapitalism
You think an avowed communist like Fizzy won't indict? Hell, he would indict with no evidence just to save his ass. I hear his maiden name is Earle.

Do you have a link for the commie accusation, or are you just a newbie troll?

8 posted on 10/18/2005 9:24:04 PM PDT by filbert (More filbert at http://www.medary.com)
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To: MrCapitalism

I haven't seen any evidence of Fitz being crazed... a bit over zealous in some cases (linking Islamic charities to terror) but not a hardcore leftist.


9 posted on 10/18/2005 9:26:23 PM PDT by Minus_The_Bear
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Comment #10 Removed by Moderator

To: filbert

Sounds like a comment someone from DUnderground would make if they were trolling the forum.


11 posted on 10/18/2005 9:27:08 PM PDT by jess35
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To: MrCapitalism

Welcome to FreeRepublic. Try not to get banned before you break yourself in.


12 posted on 10/18/2005 9:27:21 PM PDT by Better Dead Than Red (Davis College Republicans (Best Party on Campus))
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Comment #13 Removed by Moderator

To: Carl/NewsMax
The law doesn't matter here. What matters is that Conyers and the rest of the libs (including the Slimes) have demanded he write a report. </sarcasm>

They're getting nervous.

14 posted on 10/18/2005 9:28:28 PM PDT by jennyjenny
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To: MrCapitalism
He was born in 1961

Nice try, though.

15 posted on 10/18/2005 9:29:31 PM PDT by jess35
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Comment #16 Removed by Moderator

To: Lancey Howard; Peach; Fedora; Grampa Dave; STARWISE; justshutupandtakeit; Howlin; xzins; maica; ...

My take on it, fwiw, as I've said on another thread: I choose no WH indictments with an even better MSM firestorm and then total meltdown: Fitzgerald should refer a list of co-conspirators such as Joe Wilson, Valerie Pflame, and current and former CIA people around Valerie Pflame's WMD unit to the Dept. of Justice for investigation and indictments on a variety of charges such as mishandling of classified info (for those in government), perjury, etc.

Fitzgerald can, I believe, refer such matters to the DOJ which don't fall specifically under a narrow interpretation of the GJ's task but which are potentially criminal, indictable offenses.

If Fitzgerald has been at all thorough that he has quite a tidy list of evidence showing that Joe Wilson and his pals concocted a fraudulent plot against the WH and crossed several legal lines during and after the execution of this plot..... and if any of them have been properly deposed before the GJ or by internal CIA investigators I'll bet they've committed perjury to boot!

I don't think, in general, the extent of the GJ's witness list in the WH, numbers of junior WH staffers testifying, or the thoroughness of Fitzgerald's questioning of WH witnesses indicates anything at all about whether indictments will be issued against anyone in the WH -- from all we really KNOW so far, Fitzgerald is just doing what any SP would have to do to perform a thorough investigation (although I sure would like to know whether he has had sleazeball people like Joe Wilson, Valerie Plame, and David Corn before the GJ!!!). I hope/expect that the GJ closes up shop with no indictments for the WH, and that the SP then makes a referral to the Dept. of Justice to investigate and indict the cabal of current and ex-CIA people around Pflame/Wilson who concocted this whole farcical scandal in the first place!!

Fitzgerald chairs a DOJ task force on terrorism, and I find it hard to believe he'd be less interested in the gross malfeasance of a variety of the Wilson/Pflame/Larry Johnson types in and around CIA/State (both current and former officials) than he'd be interested in pursuing tenuous, perhaps farcical, charges against people in the WH. His thoroughness toward the WH may simply turn out to be covering all his bases and making sure that no one can justly reproach him with whitewashing the WH when he turns the spotlight on the true malfeasance in and around the CIA and State. Perhaps this is just wishful thinking on my part, but that is what SHOULD happen if Fitzgerald is as thorough and objective as his reputation suggests!

Then the MSM firestorm and meltdown can begin....


17 posted on 10/18/2005 9:30:03 PM PDT by Enchante (Bill Clinton: "I did not have sex with any of the skeletons in my closet!")
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To: MrCapitalism

And you believed an email?


18 posted on 10/18/2005 9:30:42 PM PDT by Mo1
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Comment #19 Removed by Moderator

To: conservativepoet
Somebody needs to get this info to Mr. Drudge since it looks like he's buying into the hyperventilation.,/I>

Drudge doesnt care if its true or not, just whether it gets his website hits.

20 posted on 10/18/2005 9:31:10 PM PDT by Dave S
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To: Lancey Howard

Bingo. And this little opener indicates that the paper is already flicking its Bics, ready to light 'er up regardless of the outcome.


21 posted on 10/18/2005 9:31:45 PM PDT by alancarp (Will hack code for oil)
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To: MrCapitalism

Seriously, you need to really check stuff like that before you post it. We get lots of leftists who try and stir it up here pretending to be conservatives.


22 posted on 10/18/2005 9:32:53 PM PDT by jess35
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To: MrCapitalism
You think an avowed communist like Fizzy won't indict

Fitzgerald is a Republican working for the Bush Justice Department. What part of stupid dont you understand?

23 posted on 10/18/2005 9:33:12 PM PDT by Dave S
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To: Lancey Howard

After subscribing to the Times for decades I finally got fed up with its bias and cancelled outright. I think I have plenty of company.


24 posted on 10/18/2005 9:33:19 PM PDT by Otho
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To: Dave S

"Drudge doesnt care if its true or not, just whether it gets his website hits."

Agreed


25 posted on 10/18/2005 9:33:26 PM PDT by conservativepoet
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To: MrCapitalism; eyespysomething
Of course not, they would sell their own mothers into slavery if they could use it to bash Bush.

Welcome to FreeRepublic.

You have interesting opinions. What do you think of hyperbole?

26 posted on 10/18/2005 9:33:32 PM PDT by SittinYonder (Flea, feather, bird, egg, nest, twig, branch, limb, tree, and the bog down in the valley - o.)
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To: Carl/NewsMax
Sounding disappointed, "This Week" host George Stephanopoulos insisted: "Well, [he can] if the court says he can."

Once again, DiGenova set the record straight, explaining that Fitzgerald would "have to get a very special court order which is rarely granted."

Even Democratic lawyer Richard Ben-Veniste, who was also on 'This Week," said he agreed with DiGenova that Fitzgerald cannot legally issue a report.


So what was the "Star Report"? an editorial hit piece? Did he get special permission?
27 posted on 10/18/2005 9:33:52 PM PDT by operation clinton cleanup
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To: MrCapitalism; Admin Moderator

Welcome to Free Republic! I'm curious, where do you get the "avowed communist" allegation in regard to Patrick Fitzgerald? That seems more than implausible, let us say ridiculous, and conflicts rather sharply with anything I've ever read about him....


28 posted on 10/18/2005 9:34:46 PM PDT by Enchante (Bill Clinton: "I did not have sex with any of the skeletons in my closet!")
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To: jess35

Yup. We aren't exactly ones to rely on emails for our "facts". The Pajamadeen does its own research, thankyouverymuch.


29 posted on 10/18/2005 9:35:22 PM PDT by alancarp (Will hack code for oil)
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To: conservativepoet
Somebody needs to get this info to Mr. Drudge since it looks like he's buying into the hyperventilation.,

Drudge doesnt care if its true or not, just whether it gets his website hits.

30 posted on 10/18/2005 9:35:35 PM PDT by Dave S
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To: MrCapitalism
I got an email this morning detailing his participation in the "Student movement" of the 60's against Vietnam aka communist.

OK, you have no proof. Thanks. Now go away.

31 posted on 10/18/2005 9:36:09 PM PDT by filbert (More filbert at http://www.medary.com)
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To: Enchante

Good post.


32 posted on 10/18/2005 9:37:58 PM PDT by Lancey Howard
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To: filbert
OK, you have no proof. Thanks. Now go away.

Oops. He did! IBTZ.

33 posted on 10/18/2005 9:38:21 PM PDT by filbert (More filbert at http://www.medary.com)
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To: Carl/NewsMax

Meanwhile.....some comic relief:

"Here's how you know a story has hit a brick wall. In this case, the Valerie Plame/Judith Miller/Scooter Libby/Karl Rove/Joe Wilson/Matt Cooper story.

The Associated Press ran a piece - this is true - about what is in Karl Rove's garage. It seems that Mrs. Rove, to prove that her husband wasn't hiding from staked out reporters by hunkering down among the lawn care implements, opened the garage door and someone eyeballed the stuff.

That was after someone decided that maybe Vice President Cheney was involved in this whole mess because - well, because the special prosecutor didn't say the Veep wasn't involved.

Yesterday was also full of "Who will replace Rove and Libby if they are indicted and have to leave the White House?"

This, in spite of the fact that the only people who have mentioned that they might be indicted are the people writing leads at the Associated Press and Reuters who have the theory that, they might be indicted because the special prosecutor didn't say they wouldn't be indicted."

Perspective:

Via Rich Galen Meanwhile.....some comic relief:"Here's how you know a story has hit a brick wall. In this case, the Valerie Plame/Judith Miller/Scooter Libby/Karl Rove/Joe Wilson/Matt Cooper story.The Associated Press ran a piece - this is true - about what is in Karl Rove's garage. It seems that Mrs. Rove, to prove that her husband wasn't hiding from staked out reporters by hunkering down among the lawn care implements, opened the garage door and someone eyeballed the stuff.That was after someone decided that maybe Vice President Cheney was involved in this whole mess because - well, because the special prosecutor didn't say the Veep wasn't involved.Yesterday was also full of "Who will replace Rove and Libby if they are indicted and have to leave the White House?"This, in spite of the fact that the only people who have mentioned that they might be indicted are the people writing leads at the Associated Press and Reuters who have the theory that, they might be indicted because the special prosecutor didn't say they wouldn't be indicted."Perspective:Via Rich Galen http://www.mullings.com/.


34 posted on 10/18/2005 9:42:19 PM PDT by macsmind76 (Macsmind.blogspot.com - Thou Shalt Not Get Away with It!)
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To: Carl/NewsMax


35 posted on 10/18/2005 9:44:12 PM PDT by goresalooza (Nurses Rock!)
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To: Carl/NewsMax
I still find this whole story absurd.

Sandy Burgler got caught, red handed, stealing top secret reports from the national archives and even ADMITED shredding some copies.

Meanwhile there is all of this about AT WORST someone telling a reporter (who were orgasiming over how credible Wilson was 'because the VP sent him on the mission) was a clown and he was lying, and his wife got him the job, not the VP.

Suddenly the you have dorks like Matthews saying 'those arrogant bastards' were out to smear and destroy him... doesn't even make sense. Destroy him by saying his wife got him the job? Destroy him how, what IS that.

This circus is SO FAR from what the original issue was ('outing a CIA agent') and is just riding along the storyline the libs and MSM have woven with their weeks of suppositions and theories and BS.

Its so transparently pathetic.
36 posted on 10/18/2005 9:44:22 PM PDT by FreedomNeocon (I'm in no Al-Samood for this Shi'ite.)
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To: Enchante

Everything I've read about Fitzgerald says that he's a notoriously scrupulous, aggressive, and determined prosecutor who is as likely as anyone to get to the core of this issue.

I would not be at all surprised to see this whole affair turn into the Mother of All Blowbacks for the CIA (an organization for whom the term was invented--there's a lesson there).

I've come to the conclusion that the CIA should simply be abolished as a first step in reforming American Intelligence. Perhaps Fitzgerald will help that process along.


37 posted on 10/18/2005 9:45:52 PM PDT by filbert (More filbert at http://www.medary.com)
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To: MrCapitalism
I doubt he has any politics but for the politics of protecting his rep. as tough guy.

Which is down the drain completely with his leaking and his GJ leaking to the liberal political operatives posing as reporters.

It is obvious this supposed "outing" was not intentional, nefarious, done with malice or put natl security in danger. It was simply pols trying to get media stories corrected.

And no way would Libby or Rove intentional lie under oath, or they would not have returned for the 2 term if they knew they could damage the Pres.

And tough guy Fitz is not looking at the CIA, or Wilson's lies in the Senate report, as he should be.

So he wants an easy indict, since the world hates Bush, he will get excellent press.

Simple.
38 posted on 10/18/2005 9:45:56 PM PDT by roses of sharon
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To: Carl/NewsMax

What firestorm? The one the left would create out of nothing? LOL! I'd love it...watching a victorious grinning Karl Rove and an equally triumphant Lewis Libby at a press conference saying, "there wasn't anything going on at all ever"...

BUAHAHAHAHHAHAH!


39 posted on 10/18/2005 9:46:02 PM PDT by goresalooza (Nurses Rock!)
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To: macsmind76

Opps, sorry for the messed up previous post (dumb fingers)...

Anyway, talk about Media Bias? Check out this AP lead:

"WASHINGTON (AP) -- Special prosecutor Patrick Fitzgerald's CIA-leak inquiry is focusing attention on what long has been a tactic of U.S. President George W. Bush's administration: slash-and-burn assaults on its critics, particularly those opposed to the president's Iraq war policies."

Sheesh!


40 posted on 10/18/2005 9:46:49 PM PDT by macsmind76 (Macsmind.blogspot.com - Thou Shalt Not Get Away with It!)
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To: Carl/NewsMax
Frog march Bogus Joe Wilson to the bank and make him pay reparations to the US taxpayer for lying.
41 posted on 10/18/2005 9:53:34 PM PDT by Doctor Raoul (I Support The Right of the National Guard To Resist The Occupiers of Kent State)
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To: operation clinton cleanup
operation clinton cleanup said: "So what was the "Star Report"? an editorial hit piece? Did he get special permission?"

I believe that Starr was operating under a law which has now expired. That law probably mandated a report.

Now that the law expires, Fitzgerald is operating with constraints which probably apply to every prosecutor. He is a "special" prosecutor in that he has a fixed assignment designed to eliminate conflicts of interest with the administration that appointed him.

42 posted on 10/18/2005 9:55:20 PM PDT by William Tell (Put the RKBA on the California Constitution - Volunteer through rkba.members.sonic.net)
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To: roses of sharon

yes good press for a while. if someone close to the prez goes down and it's chump change , well, bush has nothing to lose . did someone mention blowback earlier . as dundee once said-- no friend ---this is a knife.


43 posted on 10/18/2005 9:58:26 PM PDT by fantom
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To: Carl/NewsMax

Does this guy still write for the times under an AKA?

44 posted on 10/18/2005 10:04:17 PM PDT by The South Texan (The Democrat Party and the leftist (ABCCBSNBCCNN NYLATIMES)media are a criminal enterprise!)
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To: filbert
I got an email this morning detailing his participation in the "Student movement" of the 60's against Vietnam aka communist.

OK, you have no proof. Thanks. Now go away.

Be pretty hard for Fitzgerald to be involved in student movement in the 60's since he wasnt born until 1961. Apparently MrCapitalism is either very gullible, stupid, or is drinking early this evening.

45 posted on 10/18/2005 10:14:06 PM PDT by Dave S
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To: Minus_The_Bear; MrCapitalism

Brit Hume has reportedly said that Fitzgerald is a Republican.

Where does this idea that he is a commie sympathizer come from?


46 posted on 10/18/2005 10:16:03 PM PDT by patriciaruth (They are all Mike Spanns)
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To: patriciaruth
I thought I had read Fitzgerald was registered as an independent. I'll try to find the link.

I missed getting in on the now banned/suspended newbie. :(

47 posted on 10/18/2005 10:19:41 PM PDT by jennyjenny
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To: William Tell
I believe that Starr was operating under a law which has now expired. That law probably mandated a report.

Your right... "Special Prosecutor" is not what it used to be. Hope Fitzgerald prosecutes rather than persecutes... as needed.

48 posted on 10/18/2005 10:24:31 PM PDT by operation clinton cleanup
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To: jennyjenny

Banned already?

Oh, shucks!

We could have watched the viking kitties come to feast.


49 posted on 10/18/2005 10:25:14 PM PDT by patriciaruth (They are all Mike Spanns)
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To: Carl/NewsMax
Seems to me all he has to do is say the law wasn't broken, and everybody cooperated except the NYTimes reporter, and she served her sentence. If Rove or Liddy didn't tell the exact same story twice, they still broke no law in the first place. Everybody in the WH cooperated to the best of their ability so no obstruction or perjury.
50 posted on 10/18/2005 10:29:02 PM PDT by chuckles
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