Sunday, June 15, 2008

The Importance of Scott McClellan's Testimony Before the House Judiciary Committee -- Including Possible New Obstruction of Justice Charges for Scooter Libby and Karl Rove


Friday, Jun. 13, 2008

Former Bush White House Press Secretary Scott McClellan has agreed to testify before the Judiciary Committee of the U.S. House of Representatives on June 20. He was invited, of course, because of his revelatory new book What Happened: Inside the Bush White House and Washington's Culture of Deception.


If McClellan’s testimony suggests that Special Counsel Patrick Fitzgerald, for any reason, gave Karl Rove and Dick Cheney a pass when, in fact, there was a conspiracy – which is still ongoing – to obstruct justice, then these hearings could trigger the reopening of the case. But this is a pretty large “If.”

The Evidence Necessary to Reopen the Plame Investigation: Though Special Counsel Fitzgerald Cannot Talk About the Grand Jury, Witness McClellan Can Share What His Testimony Was

Patrick Fitzgerald conducted his investigation behind closed doors. Other than Fitzgerald and his staff, no one knows what they found or did not find, because they conducted the investigation through a federal grand jury. Rule 6(e) of the Federal Rules of Criminal Procedure has sealed this information in secrecy, and cut off any ability of Fitzgerald and his staff to talk about what occurred.

No one believes that Fitzgerald (and his team) were anything less than vigorous in investigating the effort to discredit former Ambassador Joe Wilson by revealing that his wife, Valerie Plame Wilson, was a CIA operative. Yet since no one knows what Fitzgerald learned, except those who cannot speak of what they know, it is not possible to determine whether he might have been outfoxed by the White House. As experienced a prosecutor as Fitzgerald is, he was playing in a very different league when investigating the Bush White House. These folks make Nixon’s White House look like Little Leaguers – and based on what is known about the Plame investigation, I have long suspected that Fitzgerald was playing out of his league. (See, for example, here and here.)...[Open in new window]


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