Fitzgerald's New Filing: Who is He Protecting
In responding (pdf) to a media motion to unseal 8 pages of the Court of Appeals decision (pdf) upholding Judith Miller and Matthew Cooper's PlameGate supboenas, Special Counsel Patrick Fitzgerald advises the court that he has no objection to unsealing the portions about Libby, but objects to releasing portions about others who have not been indicted and who have not disclosed the substance of their grand jury testimony or cooperation to the public.
The New York Times has this report on Fitz's filing. Armando at Daily Kos provides his perspective.
My take on who Fitzgerald is protecting with this filing:
- Reporter Bob Novak and his source
- Walter Pincus' source
- Bob Woodward's source
- Those who have flipped in exchange for immunity (Ari Fleischer may be one of these) or for lesser charges or a lesser sentence (e.g., perhaps David Wurmser and/or John Hannah.)
- Stephen Hadley, Richard Armitage and Colin Powell (Assuming they are not already included as a source for Novak, Pincus or Woodward.)
Here are the most salient portions of Fitz' filing:
....the Special Counsel has concluded that secrecy continues to be necessary with respect to the remainder of the redacted pages, in order to protect from public embarrassment or ridicule individuals whose status as grand jury witnesses or subjects has not been publicly disclosed, as well as to protect the integrity of the ongoing investigation. (page 8)
....all but one of the witnesses discussed in this portion of the redacted pages have publicly disclosed the substance of their own testimony before the grand jury. Finally, the part of the investigation that specifically focused on Mr. Libby’s conduct has largely been concluded.(page 9)
...Given that the information contained in the portion of the redacted pages that relates directly to Mr. Libby (and not to the conduct of other persons) has become publicly known through the indictment, and also through the public statements of grand jury witnesses, and that the investigation concerning the conduct of Mr. Libby is largely concluded, the principles underlying Rule 6(e) do not require maintaining this portion of the redacted pages under seal.(page 10)
...The remainder of the redacted pages discuss grand jury testimony related to persons who have not been, and may never be, charged with a criminal offense, and persons who have not been publicly identified as witnesses or subjects of the investigation. Continued secrecy with respect to these portions of the redacted pages is vital “‘to protect [an] innocent accused who is exonerated from disclosure of the fact that he has been under investigation.’” (page 11)
Jane at Firedoglake has justly skeptical analysis of additional revelations by CNN today in RoveGate concerning Viveca Novak, Luskin and Karl Rove. CNN said there will be a two-fer in front of the grand jury next week -- both Luskin and Viveca will be testifying to correct a misimpression Fitzgerald has that Rove told Viveca something when it was really Luskin who said it.
Stay tuned for the next installment of As the Worms Turn.
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