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The Libby Perjury Trap

Mark Jakubik — Mon, 28 May 2007 01:35:21 +0000

My recent post criticizing Special Prosecutor Patrick Fitzgerald seems to have angered some, including one purported Yale Law School alumnus (whose comments have been deleted because they were left using what appears to have been a bogus email address). So I want to re-direct this Libby discussion. Its not about Bush, and its not about the war. Its about a perjury trap. Read more below the fold.

Here’s the problem. Fitzgerald was appointed to find out who leaked Plame’s name. Turns out it was Armitage, who told the FBI as much before Fitzgerald was appointed. But Fitzgerald hauled Libby, and others, before the grand jury supposedly investigating who leaked Plame’s name. Which he knew. The only possible reason for that was to see if they’d lie. Which apparently Libby did. But IT’S A PERJURY TRAP AND IS UNCONSTITUTIONAL. Fact is, prosecutors aren’t truth police. Substitute Clinton for Bush, Ickes for Libby and how did Clinton’s semen get on Monica’s dress for who leaked Plame’s name, and my guess is that our friend “Maddie” might see things a bit differently. Here’s the deal, “Maddie,” whether the prosecutor has to respect your rights doesn’t depend on your party affiliation.

Patrick Fitzgerald is a Thug

Mark Jakubik — Fri, 25 May 2007 22:15:05 +0000

The Associated Press this afternoon reported that Special Prosecutor Patrick Fitzgerald has asked federal district judge Reggie Walton to sentence Scooter Libby to 2 1/2 to 3 years on the obstruction of justice charges on which Libbly was convicted several months ago. 2 1/2 to 3 years for supposedly lying about something that wasn’t a crime, for which no one was charged, and for which Fitzgerald KNEW someone else (Richard Armitage) was responsible before anyone even asked Libby a single question, and before Libby ever appeared before a grand jury. The Libby case should never have been brought, and Patrick Fitzgerald should have folded up his tent and put his jack boots in the closet. Instead, he chose to call Libby before the grand jury repeatedly in what was a blatant perjury trap. Fitzgerald is a disgrace to the Justice Department and the legal profession.

Libby Jury Has More Questions

Mark Jakubik — Tue, 06 Mar 2007 06:13:20 +0000

The Scooter Libby jury has ended its ninth day of deliberations, and apparently has still more questions. 9 days. 4 counts. I am betting hung jury.

Fumo to Be Indicted?

Mark Jakubik — Mon, 05 Feb 2007 02:52:32 +0000

According to the Philadelphia Inquirer, State Senator Vice Fum will likely be indicted this week on political corruption charges. This isn’t Senator Fumo’s forst scrape with the law – he has been indicted several times before but has always beaten the charges. I don’t have a view one way or the other as to the merits of these charges, but there are a couple of elements of the defense that Fumo has offered publicly that, if I thought anyone was listening, I would advise him to abandon.

First, in response to the charge that Fumo aides would drive SUV’s owned by a Fumo-affiliated charity to Martha’s Vineyard for the (State) Senator’s use while on vacation, Fumo’s lawyer, Dick Sprague (I thought he was dead. I looked it up. He’s not …) said thatFumo’s Senate staff would drive office equipment to him – “computers, fax machines, etc.”

“Sen. Fumo has long had the reputation as a tireless public servant whose efforts on behalf of Pennsylvania are not compressed into a 9-to-5, Monday through Friday schedule,” Sprague wrote. “To the contrary, Sen. Fumo and his staff work 24/7 at the job of being the most effective Senate office in the commonwealth.”

Dick Sprague is a smart guy and a good lawyer. I don’t expect that he’s dumb enough to buy into the theory that being a Pennsylvania State Senator – even one with Vince Fumo’s awesome responsibilities – is a “24/7 job.” It isn’t. everyone knows that. The Genral Assembly only sits half the year. Don’t try and convince me that Fumo had to use funds or assets belonging to this charity for political purposes because he works around the clock. No one will believe it. At least they shouldn;t.

Second, addressing the ongoing investigation into whether Fumo and his aides obstructed justice by destroying enails in an effort to hinder the investigation, some unnamed source offers the following:

before the investigation began, office policy required employees to delete old e-mail on a regular basis.

Except that “office policy” doesn’t give anyone – even Vince Fumo – a dispensation to destroy evidence while ann investigation is ongoing. That’s called obstruction, office policy or no.

So, while I am typically skeptical when it comes to federal investigations, if I had to wager, I’d bet on Fumo being indicted and convicted. Even cats run out of lives eventually.