October 21, 2005

Nope, Sorry, Uh-uh.

Infuriating AP article about the Plame investigation, under this headline:

White House Defense Crumbling in Leak Case

Wow, sounds like prosecutor Fitzgerald must have assembled a pretty good case, huh?

Oh, wait:

In light of all the disclosures, "it's going to be as difficult for the defense to prove the theory that the White House got the information from reporters as it is for Fitzgerald to prove that the White House leaked the information about Wilson's wife," said Washington-based white-collar defense attorney James D. Wareham.

Okay, legal experts, and people who have watched more than three Law and Orders:

1. In a criminal trial, which is what this would be if the grand jury returns an indictment, must the prosecution prove its case is
A: more probable than what the defense says? OR
B: true beyond a reasonable doubt?

2. If an expert thinks that the prosecution is going to have a difficult time making its case, well, does that headline make a ding-blasted bit of sense?

Ooh, sorry, AP Reporter Mark Yost, would you like to try for Double Jeopardy where the scores can really change?

(Besides the fact that Fitzgerald will have trouble making a case, the main news here seems to be that there is a swearing contest forming up between Tim Russert and Scooter Libby, each of whom says he learned about Plame's covert job from the other. )

Posted by: seedubya at 01:20 AM | Comments (5) | Add Comment
Post contains 239 words, total size 2 kb.

1 I think you ment "proof beyond a reasonable doubt". Justice does not require "truth", just "proof". I don't think you will ever find the "truth" about anything in the law, or especially in politics. An indictment only indicates that there is probable cause to believe that an offense has been committed and the indictee committed the offense. Nothing more. Sincerely, CPT JAGO

Posted by: CPT JAGO at October 21, 2005 02:23 AM (m+gEn)

2 Well, I did say the prosecution must prove its case is true, beyond a reasonable doubt. That's a bit awkward but I think we're on the same page.

Posted by: See-Dubya at October 21, 2005 02:36 AM (1CKzL)

3 White House case crumbling? Sounds to me as if they're both crumbling. There's too much confusion. Everyone seems to have a faulty memory and so far there doesn't seem to be enough of a paper trail to prove anything "beyond a reasonable doubt". Even Miller's notes have caused some confusion. But that's just judging by the information we've been given. And there's a glut of lefties out there that already have Rove, Cheney AND Bush locked up doing hard time. Like they know something we don't?

Posted by: Oyster at October 21, 2005 04:47 AM (YudAC)

4 I once saw on an episode of "Law & Order" one of the characters saying that he "could get a cheese sandwich indicted by a grand jury" A CHEESE SANDWICH! perhaps they should get him as the D.A on the case?

Posted by: dave at October 21, 2005 07:53 AM (CcXvt)

5 dave: That DA (Ronnie Earle) is currently busy trying to prosecute Tom Delay. So, he's unavailable to prosecute Rove, Libby, or Bush.

Posted by: lawhawk at October 21, 2005 08:45 AM (eppTH)

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