Good question. A prosecutor conducts an investigation to (theoretically) determine whether a crime has be committed or not. If Libby mislead the prosecutor, destroyed evidence or liee, he could face perjury or obstruction of justice charges even if it turns out at the end of the investigation that no crime has been committed. Ahh, but therein lies the rub, the prosecutor has to (theoretically) at least be investigating an underlying crime. In this case, it appears that Libby's lawyers are trying to show that Fitz never so much as engaged in such activity. Hence, charging Libby with perjury and obstruction amounts to entrapment.
Fitz claimed, during his now famous presser, that Libby mislead him such that he could not determine if a crime had been committed. But, as many of us suspected, Fitz never asked a basic question, namely, was Plame really undercover? If not, then what crime was Fitz's investigation based upon?
Okay Flip, let me get this straight. I am slow.
During his press marathon, Fitz said his job was not to see if a crime was committed, but to search for the truth (or facts, whatever).
This article backs up that statement as he seems say he did not investigate the crime per se (outing a covert agent) and in fact, never ascertained whether or not a crime took place.
Given the number of witnesses with foggy memories, the odds are in Fitz's favor that he would have someone to charge with at least perjury when the day was done.
He wasted millions of dollars, looking for "facts" instead of investigating the original crime and nailed the one and only person whose memory may have been faulty?
Now he is telling the defense lawyers no aspect of the original crime is relevant?
What a setup! He gets paid for this scam? By the government? In my next life, I am going to be a SP. What a gravy train.
I wonder if he has been up against Scooter's lawyer before? Maybe he will be chewed up, spit out & thrown down the disposal when this is over.
Has Joe Wilson been seen lately? Wonder if he is a little nervous?