Monday, February 27, 2006

Do We Need Another Special Prosecutor?

Back in January it was noted here that AG Gonzalez was planning to investigate who was the whistle-blower who leaked that NSA was alleged to be tapping telephones without a warrant.  It seemed bizarre at that time that the AG would be investigating who leaked an alleged violation of federal law.  It is therefore good to see that some in Congress are now requesting the appointment of a special prosecutor to investigate whether there has been a violation of federal law in the alleged eavesdropping program. (see CNN here) What is bothersome here is that this request is coming only from Democrats in Congress.  This should be a non-partisan request.  If there has been no violation of federal law then a special prosecutor will make that determination.  But if there has been a violation, then it is important that the perpetrators be brought to justice.


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I disagree. Even if federal law was violated by the NSA surveillance, there is a specific federal statute that those concerned about were required to follow. Instead, they went to the press, and the fact of a violation by NSA would afford them no defense.

Posted by: Other Tom | Mar 1, 2006 11:25:22 AM

What a pantsload. There is a process for whistleblowers to follow and it doesn't include a call to Bill Keller.
As for special prosecutors--I've watched this one, and no thanks.I've never seen worse
work or more unethical behavior--pursuing a three year long investigation without any even establishing there was an applicable criminal Statute, confining his inquiry only to conversations with White House officials and not with any other persons, ignoring leaks of classified information against the Administration, seeking only evidence of the Administration fighting back against a pack of lies, making claims in his press release and indictment he could not prove and had no intention of doing so, etc.
In the meantime, the regular US Attorneys are quickly zeroing in on the NSA leak--but focusing on first things first:Whether the Espionage Act covers such behavior.

Posted by: clarice | Mar 1, 2006 11:43:04 PM

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