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Born at the Crest of the Empire

Sunday, October 02, 2005

Interesting Plame Case Claim from the WaPo

Interesting tidbit from a WaPo summary article on the Plame case thus far.

But a new theory about Fitzgerald's aim has emerged in recent weeks from two lawyers who have had extensive conversations with the prosecutor while representing witnesses in the case. They surmise that Fitzgerald is considering whether he can bring charges of a criminal conspiracy perpetrated by a group of senior Bush administration officials. Under this legal tactic, Fitzgerald would attempt to establish that at least two or more officials agreed to take affirmative steps to discredit and retaliate against Wilson 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. .......

(Mike comment : Another theory, presumably from Rove/Libby/Whitehouse lawyers)

But a new theory about Fitzgerald's aim has emerged in recent weeks from two lawyers who have had extensive conversations with the prosecutor while representing witnesses in the case. They surmise that Fitzgerald is considering whether he can bring charges of a criminal conspiracy perpetrated by a group of senior Bush administration officials. Under this legal tactic, Fitzgerald would attempt to establish that at least two or more officials agreed to take affirmative steps to discredit and retaliate against Wilson 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.

There is also the claim that Fitzgerald might end up "announcing that he completed a thorough investigation, concluded no crime was committed and would not issue a report." But I find that pretty hard to fathom after the very public jailing of Judith Miller. Jailing Miller solely to say the invesitigation was thorough before dismissing it seems to me a pretty unbelievable step because that sort of thing would leak out over time, and I doubt that anyone in politics would want the NYTimes as that much of an enemy.

Just interesting. Oh, and if I've got my timelines right, this grand jusry should be wrapping up at just about the same time as the Iraqi constitutional referendum.