October 30, 2005
David Corn takes a step back from Friday's big news, and explains that we might never find out the details of what he uncovered in the Plame affair:
Fitzgerald knows far more than what is in the Libby indictment. But the American public may never learn what he has uncovered. There might be no further indictments, and Fitzgerald dismissed the idea of writing a final report. He said that he does not have the authority to issue such a document -- and that he does not believe a special counsel should have that authority. Independent counsels used to have the obligation to craft a final report that detailed their investigation and findings and explained decisions to prosecute and not prosecute.
But the independent counsel law expired, and Fitzgerald is operating as a special counsel pursuant to Justice Department rules that do not provide for the production of a final report and that do compel prosecutors to keep grand jury material that is not used for an indictment or trial confidential. Feeling the reporter's pain, Fitzgerald remarked, "I know that people want to know whatever it is we know. ...We just can't do that. ...We either charge someone or we don't talk about them."
Which means that after the government has paid for a two-year investigation, the public may be left in the dark about much of what happened in the leak case. The leakers may never be held accountable.
Rove's role, Bush's knowledge, Cheney's potential involvement--all of that could remain a secret, even though Fitzgerald has apparently dug deep and unearthed much of the tale.Read on...