Libby Indicted: Does Fitzgerald Have a Conflict of Interest??

Special Counsel Patrick Fitzgerald indicted Lewis Libby for perjury and obstruction of justice in Fitzgerald's investigation into a leak of the identity of an undercover CIA agent.  Asked how he could indict no-one for the leak and yet indict Libby for perjury, Fitzgerald used a baseball analogy. Story  The pitcher hits a batter and the umpire is trying to figure out whether it was intentional, but the umpire (prosecutor) is impeded by the pitcher "throwing sand in his face."  The sand throwing is itself serious and a crime says Fitzgerald.  Yes, but the victim of the sand throwing is the umpire, who is angered a bit by the impediment and yet it is the umpire who now prosecutes the sand thrower.  The victim as prosecutor (or prosecutor as victim) in these cases has always struck me as a conflict-of- interest.  Prosecutors do not like it when they believe they have been intentionally lied to; they get angry, like all victims get angry.  And Fitzgerald did not like it when he thought his investigation had been impeded. 

I have always believed in such cases that the angered prosecutor in such cases should turn the case over to a new, independent prosecutor for the decision to pursue an indictment before a grand jury.  [Oesterle]