George W. Bush could
have stopped Fitzgerald's farce at any time. He could stop it today. He
doesn't even need to use the pardon power, at least not yet. Fitzgerald
serves at the President's pleasure Mr. Bush has every reason to be
severely displeased. The President could simply fire him and, for good
measure, order the DOJ to start an investigation into Fitzgerald's
misconduct in the Libby matter. President Bush could then instruct
Fitzgerald's replacement to join Libby's defense in its motion for a
new trial. If the court grants that motion the DOJ could then offer
Libby its apologies and withdraw the prosecution. If it doesn't the DOJ
could join in Libby's appeal. If that fails then the pardon power lies
in reserve.
The
President has ample grounds for such action. Fitzgerald repeatedly
lied, both in court and out, about the nature of his investigation in a
successful effort to convince the jury that Libby had something to
hide. Worse yet he pursued a criminal investigation when he had no
reason even to suspect that any crime had been committed. This is the
core of horrible prosecutorial abuse. In this situation there can be no
legally sufficient conviction for perjury or false statements.
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