Friday, November 18, 2005


Patrick Fitzgerald will present evidence to a grand jury in the Plame Case. Today the Washington Post reported this:

Special Counsel Patrick J. Fitzgerald said in court filings that his investigation "will involve proceedings before a different grand jury than the grand jury which returned the indictment" against Vice President Cheney's former chief of staff, I. Lewis "Scooter" Libby.

I'm not an attorney, but my inclination is to think that Fitzgerald is preparing to ask for another round of indictments. This will be an existing grand jury that is not familiar with the case so I don't think Fitzgerald is going to take it over, but instead ask for specific indictments based on the information he has acquired.

Perhaps in house attorney Jeff would like to speculate on my theory.

1 comment:

Jeff said...

I think your inclination is probably as insightful as one can be. Not being privy to the first proceedings, we do not know how strong some evidence was in comparison to other evidence presented. If there were any weak points in the prosecution's case that have since been strengthened then having another grand jury who is "unfamiliar" with the case is probably a good idea. Although it is easy to obtain an indictment due to a lower burden of proof, prior evidence that was weak could affect new information to suggest that the evidence is, in fact, stronger than it first appeared to be. It is the principle that you cannot unring a bell -- once information has been presented it is always somewhere in the mind of those jurors.