Tomgram: De la Vega, a Prosecutor Considers Libby's Indictment
We should not expect a final resolution any time soon. Complex cases usually take years to proceed through the courts. In addition, the indictment released today describes a chronology of close to two years and a complicated set of facts. Obviously, Fitzgerald is taking a "big picture" approach to this case. This mirrors his approach to previous cases. In December 2003, for example, Fitzgerald announced the indictment of former Illinois Governor George Ryan on corruption charges in Operation Safe Road, which began in 1998. In that year, the investigation of a fatal accident revealed that truckers were purchasing commercial licenses from state officials. Indictments were announced in stages, culminating in the indictment of Ryan, who was the 66th defendant in the case. In the Libby case, the allegations suggest he was merely one of many officials -- including an unnamed Under Secretary of State and "Official A," a Senior White House Official -- who were involved in revealing classified information about Joseph Wilson's wife Valerie Plame. No other individuals are named as defendants, and they should not be considered so at this point, but the complexity of the indictment suggests that the investigation may follow a pattern similar to that used by Fitzgerald in the Illinois corruption case.
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We should not expect to hear much more from Fitzgerald. The Special Counsel has been widely admired, and sometimes criticized, for his "tight-lipped" approach and "leak-free" grand jury investigation. But that, folks, is how it's supposed to be. Federal prosecutors are required to maintain grand jury secrecy. If they don't do that, they not only jeopardize their investigations, they could lose their jobs and/or be charged with a crime. The public has come to expect leaks from grand jury investigations because Independent Counsel Kenneth Starr, who was not a federal prosecutor, ignored secrecy rules during the investigation of President Clinton (and got away with it). Even after indictment, Department of Justice (DOJ) press guidelines permit release of only limited facts about the defendant, the charges against him, and court documents or testimony that may become public during the prosecution. Don't hold your breath waiting for Fitzgerald to explain evidence not alleged in the indictment; nor will he appear on talk shows to debate defense representatives.
http://www.tomdispatch.com/index.mhtml?pid=32241Elizabeth de la Vega has recently retired after serving more than 20 years as a federal prosecutor in Minneapolis and San Jose. During her tenure, she was a member of the Organized Crime Strike Force and Chief of the San Jose Branch of the U.S. Attorney's Office for the Northern District of California.
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