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Law Bars Patrick Fitzgerald from Issuing Report
The New York Times reports in Wednesday editions that sources familiar with the Leakgate investigation say that Special Prosecutor Patrick Fitzgerald has decided not to issue a final public report - a move that the Times claims heightens the "expectation that he intends to bring indictments." But according to former Independent Counsel Joseph DiGenova, Fitzgerald's decision not to issue a report is meaningless - because the law forbids him from doing so. Asked Sunday whether he thought the Leakgate prosecutor would issue a report on his nearly two-year-old probe, DiGenova told ABC's "This Week": "He's not legally entitled to do so. He cannot issue a public report." Sounding disappointed, "This Week" host George Stephanopoulos insisted: "Well, [he can] if the court says he can."
Story Continues Below Once again, DiGenova set the record straight, explaining that Fitzgerald would "have to get a very special court order which is rarely granted." Even Democratic lawyer Richard Ben-Veniste, who was also on "This Week," said he agreed with DiGenova that Fitzgerald cannot legally issue a report. Still, the Times hyperventilates in its Wednesday report: "By signaling that he had no plans to issue the grand jury's findings in such detail, Mr. Fitzgerald appeared to narrow his options either to indictments or closing his investigation with no public disclosure of his findings, a choice that would set off a political firestorm."
Editor's note:
Read more on this subject in related Hot Topics:
Bush Administration
Inside Cover Stories
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