Wednesday, January 31, 2007

The Libby Travesty: Fitzgerald's Shame The Libby Travesty: Fitzgerald's Shame

Rich Lowry in The Libby Travesty: Fitzgerald's Shame lays into Patrick Fitzgerald and his prosecution of Scooter Libby for purjury and obstruction of justice. Libby has claimed an imperfect memory of what he said, when, and to whom. Fitzgerald has caught him up on some conflicts with the recollections of some of the journalists involved. One problem with the prosecution is that the reporters mostly didn't testify under oath to the Grand Jury, and when they were interviewed by the FBI, they typically had their notes available. Libby didn't have his notes, and he was under oath. As a good attorney, Libby's trial counsel has shown at trial with one of Fitzgerald's star witnesses after another, if they don't have their notes in front of them, their testimony is even flakier than Libby's. The one exception so far seems to be his assistant. Lowry concludes with:
Libby’s fate is now a crapshoot. If he has a fair-minded jury, he probably will get acquitted. But if not (and he is being tried in heavily Democratic Washington, D.C.), he won’t. Patrick Fitzgerald surely would consider that vindication, but it would only add to his shame.

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