Dan Froomkin on Patrick Fitzgerald’s Legacy as a Federal Prosecutor

Dan Froomkin, Senior Washington DC Correspondent for Huffington Post, has long been one of my favorite news aggregators and commentators. I first got to know his work in the early 2000s, when he wrote and edited the must-read, “White House Watch” at washingtonpost.com. WHW was a daily news digest entirely made up of news about the Bush White House, with Dan’s pithy commentaries about the stories he selected for his readers. I used to wait avidly each day until mid-morning when each new column would appear online. If I had a lunch date I had run to, I would print out the pages and take them with me on the subway.

This is Dan’s awesome archive of all the WHW columns he did–plus all the live chats he did–before his employment at the Post was ended in January 2009, one of the worst decisions, among many bad calls, that that newspaper made in the 2000s.

I got to know Dan personally shortly after I began working with Ambassador Joseph Wilson on the manuscript that would become his 2004 book The Politics of Truth: Inside the Lies that Led to War and Betrayed My Wife’s CIA Identity.* Dan and I haven’t been in touch the past few years, but I continue to enjoy reading him.

Yesterday Dan published a provocative column in which he laments the fact that federal prosecutor Patrick Fitzgerald only charged VP Cheney’s Chief of Staff Scooter Libby for obstruction of justice in the disclosure of Valerie Plame’s CIA identity, ultimately choosing to not put Karl Rove and/or Dick Cheney on trial. Froomkin reminds readers that

“Fitzgerald was appointed as a special prosecutor in late 2003 to investigate the July 2003 leak of Plame’s identity, which came during a White House effort to discredit her husband, former U.S. Ambassador Joe Wilson [who] was trying to expose how the administration had twisted intelligence to make its case for the war in Iraq, launched a few months earlier, and the White House was desperate to prevent that narrative from establishing itself before the 2004 elections. The evidence that came out at trial clearly established that Cheney was the first person to tell Libby about Plame’s identity and that Cheney wrote talking points that likely prompted Libby and others to raise Plame’s role with reporters.”

As is often the case with prosecutors, his decision may have come down to a calculation of what he could prove at trial, and what a jury would accept, beyond a reasonable doubt:

“In a subsequent court filing, Fitzgerald wrote that ‘there was reason to believe’ the leak had been coordinated by Cheney and that the vice president may have had a role in the cover-up. ‘When the investigation began, Mr. Libby kept the vice president apprised of his shifting accounts of how he claimed to have learned about Ms. Wilson’s CIA employment,’ Fitzgerald wrote. But Cheney was never charged. ‘I think the chances of it being a show trial and losing really weighed heavily on him, in terms of the political fallout,’ said Michael Genovese, director of Loyola Marymount University’s Institute for Leadership Studies.

Froomkin goes on to point out,

“For reasons he has never publicly explained, Fitzgerald ultimately chose not to indict Rove either for the leak or for obstruction of justice. While much could have been gleaned from key investigative documents requested by a congressional committee, the Bush White House wouldn’t let Fitzgerald release them.

Dan gives the last word in his column to one of the reporters who was most dogged about this case, Marcy Wheeler, whose commentary and reporting was then at firedoglake and can nowadays be found at Empty Wheel.

“Wheeler. . . one of the foremost chroniclers of the Libby trial, said Fitzgerald’s investigation didn’t go far enough. ‘The FBI agents believed that they had the case against Rove nailed down,’ Wheeler said. And Fitzgerald ‘actually had Dick Cheney in his teeth.’”

When Fitzgerald recently announced that he’s retiring from the corps of federal prosecutors, I expected to see postmortems of his career, though Froomkin’s is the first I’ve read. It seems that the last decade is already dim and distant in Americans’ memory, and in the minds of members of the media, even though so much of what happened in the terrible Bush years still hangs over us like a black cloud. What I’d really love to read, or even better edit, would be a manuscript by Fitzgerald, though I fear that’s unlikely from this career government lawyer, generally known for his circumspect nature. Still, he did let it all–or nearly all–hang out in one public statement about Cheney’s role in the Plame matter. Quoted here by Froomkin,

“In his closing arguments in the Libby case, Fitzgerald famously declared: ‘There is a cloud over what the vice president did that week. … That cloud remains because the defendant has obstructed justice and lied about what happened.’”

*Along with Wilson’s book, which became in part the basis for the movie, “Fair Game,” I also brought out the book The United States v. I. Lewis Libby, edited and with reporting by Murray Waas, the only published transcript of Scooter Libby’s trial. I recommend it along with Wilson’s book, and former Bush press secretary Scott McClellan’s What Happened: Inside the Bush White House and Washington’s Culture of Deception.

There’s Music in the Trees!

During NXNE at the unofficial CBC Radio 3 picnic in Toronto’s Trinity-Bellwoods Parks organized by host and author Grant Lawrence, the musicians Adrian Glynn and Zach Gray literally climbed a tree to perform the three songs that made up their excellent set of music. They had funny banter from aloft, including about their band moniker, which I’ve confirmed with Adrian Glynn is Emperor of the North AKA Murder on The Canadian AKA the Caboose Boys. I managed to record one of their tunes as a video on my IPad. I’m glad I got it, even if it cost me a stiff neck to train my device on the two of them for 4 + minutes. Fun stuff. For more info on Adrian and Zach you should go to www.adrianglynn.com and www.thezolasmusic.com. Click through to see all photos and captions.

Day 6 in Toronto–Heading Home to NYC

Late evening update: The Publishing People for President Obama fundraiser, held at a handsome downtown loft–which I rushed to after landing at LaGuardia late in the afternoon–was great fun. According to organizer Barbara Lowenstein, it was a big financial success, with nearly $150,000 raised from it. Presidential advisor David Plouffe addressed the group and answered more than a half-dozen questions, making clear that the OBama campaign will draw sharp contrasts wherever they can do so. He was followed to the stage by Rosanne Cash and a fabulous guitarist John Leventhal. They played three songs and made a lot of us in the crowd even more glad we had come to support the president.

Afternoon update: I’m at Pearson Airport in Toronto, soon to board a flight for home to LaGuardia.

My productive and fun visit to Toronto ends today, and I am packing up my room this Monday morning. After I’ve checked out of my hotel and left my luggage with the concierge, I’m heading off to breakfast with my friend and book business colleague Marc Glassman, former owner of Pages Bookstore, and nowadays organizer of Toronto’s This is Not a Reading Series, and film critic. We last saw each other when I came to Toronto for NXNE last June, so we’ll catch up about the past year, including this blog and my new client, Speakerfile. Marc’s coordination of panels for his innovative reading series makes him potentially an ideal person to utilize the Speakerfile platform.

On Sunday, I attended an outdoor performance by the wonderful 6-piece band Ohbijou. They play a special kind of chamber-pop featuring guitar and soaring vocals by Casey Mecija and violin by her sister Jenny. The rest of the instrumentation makes for an unusual and appealing soundscape: electrified cello, keyboards, bass, and drums. In the evening I took the Toronto subway for the first time out to the northern reaches of the city to join a Father’s Day BBQ hosted by the Fish family, my Toronto relations. The family includes Abe and Marcy Fish, a cousin to my late father Earl. This was the second year in a row I was able to join them for this occasion, also after finishing up at NXNE. I enjoy enormously being with Abe and Marcy, and with their son Joel, at whose home we gathered. Surprise arrivals were Arthur and Bonny Fish, at whose vacation home on Prince Edward Island my family and I enjoyed a wonderful evening with their three sons a few years ago.

This whole trip has been my first attempt to more or less live-blog an event and it was a mixed bag, with some growing pains. I regret that the problems I faced in writing and posting about my activities limited my posting–due to the fact that 1) Verizon made fatal mistakes with my account and the SIM card on this IPad before I crossed the border into Canada, denying me access to cellular networks, and leaving me dependent on sporadic Wifi at many venues; and 2) Publishing photos in WordPress–the environment for this site–on the IPad is a very incomplete interface. In short, I had hoped and intended to post as rich a brand of content as I do from NY, with links and photographs and video, but it just hasn’t worked out that way.

I apologize to readers that these failures limited what I’ve been able to post from Toronto; still, I’m hopeful I will have learned valuable lessons over the past week that I can apply to my blogging the next time I travel.

Next time I post I’ll be back at my desk in NY, eager to upload and share my NXNE photos and write about the many great bands I heard over the past week, the interactive/digital/social media connections I made, as well as the new friends I met, and the great time I had hanging with my CBC Radio 3 friends. Toronto is a great city, vibrant, lively, diverse and cosmopolitan, a true engine of urban discovery.

When I land in NY later this afternoon, I’ll be heading right from LaGuardia to a Publishing for President Obama fundraiser. I look forward to seeing many NY book friends there.

Day 5 in Toronto for NXNE

Last night’s musical performances were everything I had hoped they would be. Early in the evening, at 8 PM, I went to hear a set by a little-known band called Amity Beach. They were a young five-piece from Grand Bend, Ontario, 18-year olds who play their own songs and some great covers. Afterward, at the merch table I met the dad of the lead singer, who told me of the band’s origins and how they’re writing and recording their own music. I enjoyed learning about their process.

From Rancho Relaxo on College Street, I used the Spadina Ave. streetcar to get back down to the Horseshoe Tavern on Queen St. West for the CBC Radio 3 showcase, where Yukon Blonde put on a tremendous, high-energy set in the 10 PM slot. Afterward, I took the streetcar and subway to Lee’s Palace on Bloor Street where Matt Mays played a tremendous 90-minute set with his band El Torpedo. He forged–even already had–a strong bond with his appreciative audience and the last four or five songs (“Tall Trees,” “City of Lakes, Cocaine Cowgirl, etc.) turned into exercises in mass-participation.

After Matt Mays, I cabbed back down to the Horseshoe Tavern, where I heard the end of the set by the stomping, hollering blues trio Catl. The evening ended there with a pleasant surprise–a really good set from a band I’d never heard of, Fast Romantics. As tired as the audience was they began at 1 AM, the crowd got pulled into it and all were won over to what amounted to a new discovery for those around me.

Publication of photos on this site will have to wait till I’m home, since as I’ve learned, adding photos to WordPress from the IPad is no simple trick. Still, I will put some up on Facebook to go along with this brief post.

Now, it’s Sunday morning and I’m heading off to the bluegrass brunch at the Dakota Tavern where a number of Radio 3 friends are meeting at 11 AM. Later, at 4 PM, Ohbijou will be playing as part of the Luminato Festival. This will be my last full day in Toronto, before heading back home to NYC Monday afternoon.

Coming up–Day 4 in Toronto at NXNE

Evening update: The unofficial Radio 3 picnic this afternoon was a blast. Grant Lawrence arranged for a fabulous group of musicians to play in the leafy setting of Trinity-Bellwoods Park. We were treated to three-song sets by Portage & Main; Emperor of the North; Jeremy Fisher; Ian Foster; and The Matinee. Close to 100 people showed up for the bucolic blend of music, food, and conversation. Afterward, I walked with R3 friend Matt to hear Kathleen Edwards play an outdoor set as part of the Luminato Festival. She and her terrific band played a great set as fans swayed under the hot sun. Edwards gave a shout-out to all the great culture in Toronto this weekend, and said she’s going later tonight to listen to Richard Ford talk about his new novel, Canada, which I have loved reading.

In a few minutes I’ll be off to the night’s activities–the CBC Radio 3 showcase at the Horseshoe Tavern, with Yukon Blonde playing. Later, I’ll head over to Lee’s Palace on Bloor Street for Matt Mays and his band El Torpedo.

Following on yesterday’s tour of CBC HQs and the fabulous showcase featuring Hidden Pony musicians at the Dakota Tavern, with Erin Passmore, Jeremy Fisher, the Danks, Elephant Stone, and Rah Rah, Saturday promises to be another great day of music and friends.

At noon we have a CBC Radio 3 picnic in Toronto’s leafy Trinity-Bellwoods Park, coordinated by R3 host and author Grant Lawrence, with what I’m sure will be great guest musicians. Also this afternoon is a free outdoor concert with Dan Mangan and Kathleen Edwards, as part of the city’s Luminato festival. Tonight will be the NXNE CBC Radio 3 showcase at the Horseshoe Tavern including Yukon Blonde, Also tonight is a personal fave, Matt Mays with his band El Torpedo at Lee’s Palace. It’s going to be a great day!

Friday in Toronto–Speakerfile and Day 3 of NXNE

I began today by taking the Toronto subway crosstown from my hotel over to Yonge and College Streets where my new client Speakerfile has their office in a handsome old brick building that used to be an Odd Fellows Hall (who were those odd guys, anyway?). I met several people I’d been working on the phone since I began working with Speakerfile last month; it was good to put faces to names.

CEO Peter Evans had asked me to speak to his colleagues a bit about how Speakerfile can answer a need in the wider author/publisher space, so I explained that in an age of diminished shelf space in brick & mortar bookstores, and less print space for traditional book reviews, the discovery of new books by the reading and consuming public is among the greatest challenges that authors and publishers face in marketing their work. I’d bet that a comprehensive Web search for the use of the word “discoverability” would probably shown it’s multiplied many times over the past year or two–it is one of the watchwords of our business.

After our informal meeting, I made a few calls to Speakerfile prospects I’ve identified, including one Toronto literary agency, and headed off to my afternoon and NXNE activities.

An hour from now, members of the informal CBC Radio 3 blogger and enthusiast community will meet at the CBC building, and be given a tour of the CBC broadcast facility by radio producer Pedro Mendes. After the tour, we’re going to do a group photo in the CBC building atrium, and soon after head off to a group dinner. The musical highlights tonight will include label and management company Hidden Pony’s showcase at the Dakota Tavern featuring their bands and artists Rah Rah, Jeremy Fisher, the Danks, Elephant Stone, and Rah Rah’s Erin Passmore. Other music tonight which will challenge my ability to be in two places at once include the Rheostatics’ Dave Bidini current outfit, the Bidini Band, and blues-soul performer Andre Williams playing with the great band The Sadies. And outdoor, at Yonge-Dundas Square Plants and Animals will be playing, along with the Matthew Good Band.

It’s been a good day already, and it’s only going to get better at the CBC and the Dakota Tavern.

Settling in and First Bands at NXNE

Registration and checking in today was fun. Compared with last year, when I was a neophyte, I knew what to look for in the exhibits of the Interactive strand of this tri-partite conference and festival. There were game designers, graphic artists, music tech people, inventors, and everyone’s extremely friendly.

Other than encountering some problems with my cellular service here in Toronto–owing to the fact that incredibly, Verizon in NYC had failed to properly set me up, even though I dealt with half a dozen over the past several weeks, things are going great.

I’m at the Gladstone Hotel Ballroom, with good wifi, where the Tracks on Tracks showcase is happening. It’s between sets right now. The evening features all the bands that just traveled across Canada from Vancouver and headed east to Toronto over the past five days. Shred Kelly, named in honr of the Australian outlaw Ned Kelly, were fantastic. They’re a five-piece, driven by a terrific rhythm section–Jordan on bass, who I met after their set, and a barefooted drummer, who kicked the hell out of his bass drum–a female keyboard player named Sage; a rhythm guitarist; and a fellow who played banjo and mandolin. They played foot-stompers, including the showstopper, “I Hate Work,” but also some more pop-sounding tunes. A great blended sound.

I’m here with many CBC Radio 3 pals, as we’re enjoying a reunion, since many of us met here last year.

I’ll get photos from their set up on the blog later. For now, I’m going to take a break from live-blogging and get ready to listen to the next bands.

Late Update: Following Shred Kelly, the highlights for me were the bands Portage&Main and then The Matinee,” a lively five-piece with a great lead guitarist and dynamic lead singer. On the walk back to my hotel, through lively blocks filled with locals and tourists I took photos of many interestingly designed storefronts, photos I will post later. Near the end of my stroll, I stopped at another music venue listed in the NXNE guide, Cameron House, and discovered a great four-piece called Dodge Fiasco. They had a sort of NRBQ-feel, and also reminded me of the great Canadian all-instrumental group, Shadowy Men on a Shadowy Planet, famous for providing the theme music to the classic TV show, “Kids in the Hall.” I also a female singer-songwriter, Erika Werry, friend of the band, who told me she’s recording new songs of hers tomorrow, and is hoping to hear Andre Williams and the Sadies on Friday night. It’s always fun to make one more musical discovery before the night is over.

Hurt Feelings on Wall St.

As he often does, Paul Krugman’s analysis in his NY Times column today totally captures the moment. He begins the piece, titled “Egos and Immortality,” like this:

“In the wake of a devastating financial crisis, President Obama has enacted some modest and obviously needed regulation; he has proposed closing a few outrageous tax loopholes; and he has suggested that Mitt Romney’s history of buying and selling companies, often firing workers and gutting their pensions along the way, doesn’t make him the right man to run America’s economy. Wall Street has responded — predictably, I suppose — by whining and throwing temper tantrums. And it has, in a way, been funny to see how childish and thin-skinned the Masters of the Universe turn out to be.”

This critique reminded me of the anecdote in a NY Times Sunday Magazine story from a few weeks ago that one denizen of Wall Street, in a meeting with an Obama emissary, urged that the president should give a major speech, similar to the one he gave on America and relations during the ’08 campaign, explaining why Americans should not revile the financial industry. I was struck then, and again in Krugman’s column, by the bloated self-importance that these folks assign to themselves and their industry. Many people, after causing a major debacle would be somewhat sheepish about insisting that one is entitled to regain a privileged place at the table, but not this crowd. I’d have imagined that crashing the economy would induce humility in those responsible, but clearly not so. And of course, the same is true for Republicans who act as if the 2000-2008 period never occurred.

Krugman ends his hard-hitting column this way:

“Think about where we are right now, in the fifth year of a slump brought on by irresponsible bankers. The bankers themselves have been bailed out, but the rest of the nation continues to suffer terribly, with long-term unemployment still at levels not seen since the Great Depression, with a whole cohort of young Americans graduating into an abysmal job market. And in the midst of this national nightmare, all too many members of the economic elite seem mainly concerned with the way the president apparently hurt their feelings. That isn’t funny. It’s shameful.”