I must respond to my friend Andy. The argument that lying before a grand jury is a prosecutable crime is not unknown to anyone here. It’s the circumstances of this case, and specifically Patrick Fitzgerald’s behavior, that causes many of us concern — as did Lawrence Walsh’s conduct. I am very comfortable with my position and NRO’s. When a prosecutor acts as Fitzgerald has, both in bringing this case and in the sentencing phase, he should be condemned. There are many terrific prosecutors out there who would never have acted as he has. As for comparisons to Bill Clinton, which have been made to justify the prosecution of Libby, let’s take a more lawyerly look: Clinton had his attorney unwittingly prepare a knowingly false affidavit, which was introduced during the course of his sworn deposition. Clinton had his subordinates repeat his knowingly false statements during both a grand jury investigation and civil litigation. Clinton’s repeated lies before a grand jury and during his deposition were not only material and relevant to underlying crimes, but the conduct went to the core of the investigation and civil suit. It’s absurd to make comparisons between Clinton and Libby.
So, I am more than happy to take up Andy’s challenge, or anybody else’s for that matter. And I am certain that those here who have expressed legitimate outrage in the Libby case do so not because he is a Republican, but because it is, in fact, an outrage. I denounce what Fitzgerald has done because I believe in the system of justice.