The Enduring Mystery of Fitzmas

Patrick J. Fitzgerald

Maybe this means nothing, but what do I know? From the horrid New York Times: New Questions About Inquiry in C.I.A. Leak.

An enduring mystery of the C.I.A. leak case has been solved in recent days, but with a new twist: Patrick J. Fitzgerald, the prosecutor, knew the identity of the leaker from his very first day in the special counsel’s chair, but kept the inquiry open for nearly two more years before indicting I. Lewis Libby Jr., Vice President Dick Cheney’s former chief of staff, on obstruction charges.

Now, the question of whether Mr. Fitzgerald properly exercised his prosecutorial discretion in continuing to pursue possible wrongdoing in the case has become the subject of rich debate on editorial pages and in legal and political circles.

Richard L. Armitage, the former deputy secretary of state, first told the authorities in October 2003 that he had been the primary source for the July 14, 2003, column by Robert D. Novak that identified Valerie Wilson as a C.I.A. operative and set off the leak investigation.

Mr. Fitzgerald’s decision to prolong the inquiry once he took over as special prosecutor in December 2003 had significant political and legal consequences. The inquiry seriously embarrassed and distracted the Bush White House for nearly two years and resulted in five felony charges against Mr. Libby, even as Mr. Fitzgerald decided not to charge Mr. Armitage or anyone else with crimes related to the leak itself.

Moreover, Mr. Fitzgerald’s effort to find out who besides Mr. Armitage had spoken to reporters provoked a fierce battle over whether reporters could withhold the identities of their sources from prosecutors and resulted in one reporter, Judith Miller, then of The New York Times, spending 85 days in jail before agreeing to testify to a grand jury.

Now they need to appoint a Special Prosecutor to investigate Mr. Fitzgerald. That would teach him to promise a fat Fitzmas to the "Frog March Rove and Impeach Bush" thugs, and then fail to deliver.