Is Prosecutor Fitzgerald Treading Too Lightly Against Libbey and Rove?
We Now know That Fitzpatrick Was On The List Of US Attorneys To Be Fired By Gonzales. He Survived.
Usually a prosecutor includes all possible charges and defendants in an indictment knowing that all the allegations will not be successfully prosecuted and that one indicted person will often testify against another for a lesser sentence.
Also the more charges the more likely it is that a defendant will plead guilty to some in exchange for a dismissal of others. Neither Libbey or Rove where charged on a count for the disclosure of the identity of covert intelligence personal (Valerie Plame) 18 U.S.C. 421 or a count of improper disclosure of National Defense information 18 U.S.C. 793.
It seems that a hard charging prosecutor would have included Rove who admits he disclosed that Joseph Wilson’s wife (Valerie Plame) was a CIA employee to a Robert Novak who then published the fact in his column in the Chicago Herald Tribune. (click here) Then the sparks would have flown.
Instead the prosecutor took a very conservative route and only charged Libbey for lying to the FBI and the Grand Jury and with the concurrent charge of obstruction of justice. Charges he had the strongest evidence on. The other charges were left out because of the necessity of proving specific intent. However this problem is addressed by prosecutors all across the country on a daily basis on lesser defendants. Most prosecutors file broad criminal complaints and then see what sticks. See Michael Jackson And The Law(click here) or Scott Petersen And The Death Penalty.
Prosecutor Fitzgerald may have requested indictment of other charges and defendants by the Grand Jury and was turned down. However that is an unlikely event since it is almost a law that a Grand Jury indicts whom and on what charges the prosecutor requests.
Fitzgerald says he is still investigating and there is a new grand jury so there may be more defendants and charges to come.