Jonah, the official letter appointing Pat Fitzgerald as “Special Counsel” (found here, and dated December 30, 2003) is very short and sweeping. It vests him with “all of the authority of the Attorney General with respect to [DOJ’s] investigation into the alleged unauthorized disclosure of a CIA employee’s identity.” I read that to mean he could prosecute any person, theoretically including Wilson, for any federal crime related to that transaction.
There is reason to think Pat, at least at one time, was pretty conservative about what his warrant was. Early on, he evidently went back and asked for clarification to ensure that he was covered on such things as perjury and obstruction of justice. I don’t think that was necessary – it was plainly covered by the original memo. But a seacond letter was issued by DOJ (found here, and dated February 6, 2004) and it is emphatic that his authority is “plenary” and extends to “any federal criminal laws related” to the aforementioned transaction. If there is sufficient evidence to charge Wilson or anyone else, he clearly has the authority to do it.






Comments