Tuesday, October 25, 2005

Inspector Javert?

Nicholas Kristof, though decidedly from the left side of the aisle, has a decent, sane piece about the Fitzgerald investigation in the NY Times today. I don't have any particular affinity for Kristof, but he, like Thomas Friedman from time to time contribute to a sane discussion. [As opposed to Dowd and Krugman about whom the less said the better.]

It's TimeSelect so I will give you a short excerpt:

Before dragging any Bush administration officials off to jail, we should pause and take a long, deep breath.

In the 1990's, we saw the harm that special prosecutors can do: they become obsessive, pouncing on the picayune, distracting from governing and frustrating justice more than serving it.
...
Special prosecutors always seem to morph into Inspector Javert, the Victor Hugo character whose vision of justice is both mindless and merciless. We don't know what evidence has been uncovered by Patrick Fitzgerald, but we should be uneasy that he is said to be mulling indictments that aren't based on his prime mandate, investigation of possible breaches of the 1982 law prohibiting officials from revealing the names of spies.

Instead, Mr. Fitzgerald is rumored to be considering mushier kinds of indictments, for perjury, obstruction of justice or revealing classified information. Sure, flat-out perjury must be punished. But if the evidence is more equivocal, then indictments would mark just the kind of overzealous breach of prosecutorial discretion that was a disgrace when Democrats were targeted.

And it would be just as disgraceful if Republicans are the targets.
...
So I find myself repulsed by the glee that some Democrats show at the possibility of Karl Rove and Mr. Libby being dragged off in handcuffs. It was wrong for prosecutors to cook up borderline and technical indictments during the Clinton administration, and it would be just as wrong today. Absent very clear evidence of law-breaking, the White House ideologues should be ousted by voters, not by prosecutors.


HT: Dan from Brazil - an old friend.

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