Enough Already (It's time to rein in special prosecutors.)
BY VIET DINH AND NEAL KATYAL
OpinionJournal.com
As the grand-jury investigation of the CIA leak nears its originally scheduled expiration date tomorrow, people of all political persuasions should take a moment to reflect on the dangerous grant of power given to Special Counsel Patrick Fitzgerald. In a pair of letters written Dec. 30, 2003, and Feb. 6, 2004, but disclosed last Friday, then-Acting Attorney General James Comey gave Mr. Fitzgerald "all the authority of the Attorney General." While laudable as an act of political courage, Mr. Comey gave Mr. Fitzgerald the sort of power that Kenneth Starr and Laurence Walsh held, in Whitewater and Iran-Contra, respectively. And for that reason, the current investigation will open itself up to predictable charges of structural overzealousness if and when someone is charged. There is a better way to conduct these investigations--and it is on the books already.
OpinionJournal.com
As the grand-jury investigation of the CIA leak nears its originally scheduled expiration date tomorrow, people of all political persuasions should take a moment to reflect on the dangerous grant of power given to Special Counsel Patrick Fitzgerald. In a pair of letters written Dec. 30, 2003, and Feb. 6, 2004, but disclosed last Friday, then-Acting Attorney General James Comey gave Mr. Fitzgerald "all the authority of the Attorney General." While laudable as an act of political courage, Mr. Comey gave Mr. Fitzgerald the sort of power that Kenneth Starr and Laurence Walsh held, in Whitewater and Iran-Contra, respectively. And for that reason, the current investigation will open itself up to predictable charges of structural overzealousness if and when someone is charged. There is a better way to conduct these investigations--and it is on the books already.
posted by Andy W. Rogers | 10:05 AM
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