I believe that the NSA leak investigation might well nab some present and former Department of Justice attorneys, and that is why the NSA refused to give security clearances to Department lawyers in the Office of Professional Responsibility. An online friend reminded me of earlier reports signalling the perfidy of the office led by former Deputy Attorney General Comey, the same man who gave Fitzgerald his super special (no supervision and unlimited funds) appointment. Did that office also brief Fitzgerald about how to conduct his skewed investigation? Because it is clear they were at war with the Office of the Vice President.
These Justice Department lawyers, backed by their intrepid boss Comey, had stood up to the hard—liners, centered in the office of the vice president, who wanted to give the president virtually unlimited powers in the war on terror. Demanding that the White House stop using what they saw as farfetched rationales for riding rough—shod over the law snd the Constitution, Goldsmith and the others fought to bring government spying and interrogation methods within the law. They did so at their peril; ostracized, some were denied promotions, while others left for more comfortable climes in private law firms and academia. Some went so far as to line up private lawyers in 2004, anticipating that the president's eavesdropping program would draw scrutiny from Congress, if not prosecutors. These government attorneys did not always succeed, but their efforts went a long way toward vindicating the principle of a nation of laws and not men.
Clarice Feldman 5 15 06