In September of last year, I asked the Department of Justice to look into several actions of Patrick Fitzgerald in connection with the Libby case suggesting that on their face this conduct seemed unethical. To the best of my knowledge that investigation is continuing.One of the areas of my concern was the apparent factual misrepresentations he made to the U.S. Court of Appeals in connection with his efforts to force reporters to testify in that case. I wrote: [T]he affidavit he filed in the Miller appeal was a model of misdirection and disingenuousness clearly designed to mislead the Court. Taken as a whole, the affidavit conflates the Armitage leak to Novak with Libby's quite apparently innocent conversations with other reporters, presenting a materially false impression of the facts the prosecution already had determined. Whether Libby's recollections of those conversations were accurate, or his conversational partners' recollections were more accurate, both sides to each...(Read Full Post)