HolyCoast: What Didn't Happen Yesterday
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Saturday, October 29, 2005

What Didn't Happen Yesterday

Charles Krauthammer, who has suddenly become quite the sage in Washington after pretty much scripting the Miers withdrawal, had a few comments on Special Report yesterday concerning what didn't happen in the CIA leak indictments:

"What’s most interesting about the case is what really didn’t happen today,” Krauthammer told Fox News.

"You did not hear about [Karl] Rove, you did not hear about the [CIA Leak] outing,” he said. "That is significant.”

Krauthammer was quick to assert that he does consider the Libby indictment "a very big deal,” a position consistent with past political scandals.

"Perjury is a serious crime,” Krauthammer said. "I thought the same when President Clinton committed perjury before his impeachment.”
He said it seemed odd that the special prosecutor would spend two years of investigation in this case that led only to Libby’s indictment – with no mention of the one topic everyone was talking, writing and reading about: the identity leak of a supposedly covert CIA official.

"What we have now is the usual Washington story – one that seeks to make a crime about denying a crime.”

Krauthammer said Special Prosecutor Patrick Fitzgerald’s claim Friday that the investigation into Rove’s involvement in the case "isn’t over” seems strange.

"You would think that either the prosecutor has something on Rove, or he doesn’t,” he said. "Either review it or not. Don’t keep a cloud hanging over the White House gratuitously on the belief that something might be out there.”

Once again a prosecutor was unable to justify a charge in the underlying criminal allegation, but instead found crimes which supposedly occurred during the investigative process. Lying to the grand jury is a very gad idea, and if Libby did it, he'll have to pay. But doesn't it seem to be a very imperfect world when no charges can be brought regarding the reason for the investigation, but a flurry of charges arise from actions during the investigation?

Along with many others, I worry that this case and others (such as the Tom DeLay travesty in Texas) are criminalizing the political process. And those who are rejoicing today over these cases should be very careful - misuse of the law can just as easily ensnare their side as well.

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