Author Archives: Michael Froomkin

Waiting for Fitzgerald

John Dean is a cautious and pessimistic about the Special Prosecutor:

FindLaw’s Writ – Dean: Waiting For The Valerie Plame Wilson Grand Jury The Big Question Is Whether Dick Cheney Was a Target

While I may be letting the air out of some rising balloons, I think Fitzgerald’s silence has fed speculation that postulates indictments way beyond the realistic potentials.

The really big fish in this case is the Vice President. And I have little doubt, based on my knowledge of the case, and of the way Cheney typically operates, that a case could be made against him.

But Fitzgerald is an experienced prosecutor, and that means only if he found himself confronted with an exceptionally egregious case (the equivalent of Spiro Agnew’s taking payoffs from Maryland contractors in his Vice Presidential Office), would Fitzgerald consider indicting Vice President Dick Cheney.

Meanwhile, James Moore (author of “Bush’s Brain,” a book about Karl Rove), thinks this is The Most Important Criminal Case in American History, well bigger than Watergate, because he thinks Karl Rove is responsible for the so-called ‘Yellowcake Forgery’:

Patrick Fitzgerald has before him the most important criminal case in American history. Watergate, by comparison, was a random burglary in an age of innocence. The investigator’s prosecutorial authority in this present case is not constrained by any regulation. If he finds a thread connecting the leak to something greater, Fitzgerald has the legal power to follow it to the web in search of the spider. It seems unlikely, then, that he would simply go after the leakers and the people who sought to cover up the leak when it was merely a secondary consequence of the much greater crime of forging evidence to foment war. Fitzgerald did not earn his reputation as an Irish alligator by going after the little guy. Presumably, he is trying to find evidence that Karl Rove launched a covert operation to create the forged documents and then conspired to out Valerie Plame when he learned the fraud was being uncovered by Plame’s husband, Ambassador Joseph Wilson. As much as this sounds like the plot of a John le Carre novel, it also comports with the profile of the Karl Rove I have known, watched, traveled with and written about for the past 25 years.

I think Dean puts a little too much weight on the theory that (apparent) purity of motive might save the day for some under investigation. That’s very close to the theory that was supposed to excuse Watergate. I don’t think it will wash this time either.

But I disagree with Moore too: I think if Fitzgerald doesn’t indict, or doesn’t indict higher-ups, many people will accept it. I for one am prepared to give Fitzgerald the benefit of the doubt unless it seems very likely that foot soldiers are unfairly taking the rap to protect their bosses. And, strange at it may sound to conservatives, while I think Democrats should as a matter of tactics be prepared to milk any indictments for all they are worth, I personally will take no joy from the fact of them. It would actually be preferable — if it were the truth and not a smokescreen — to find out that the Plame leak was a rogue operation by someone rather than a concerted strategy by a gang of goons. There would be no joy, rather the reverse, in learning that one’s fears that the nation is indeed run by a gang of goons could be proved beyond a reasonable doubt.

Moore does remind us of an interesting question: someone faked those documents that claimed to show Iraq was dealing to get uranium. Who faked the papers that surfaced in Italy has never been explained. But Moore’s answer seems based on the theory that nothing is beyond the power of Rove, and it will take more than that to get me to believe the false documents were a US government disinformation operation (aimed at the US public) run out of Rove’s office with the Scooter & Co. as the cut-outs.

If that were true it would indeed be the crime of the century, but I think Moore has mislaid his skepticism. If I had to pick a prime suspect for the forgery, I’d say it was the Iranians, perhaps via their triple-agent Chalabi. History may show that the Iranian’s use of Chalabi to get the US to attack their regional enemy was the greast spy ploy in history since the Germans put Lenin on a train to Russia. It seems at least as likely that the neo-cons were duped by crude forgeries because they wanted to believe them. (Worse than a crime, a blunder.)

Posted in Politics: The Party of Sleaze | 1 Comment

Monday is Canceled

The University and the Law School will be closed Monday, October 24, 2005 due to Hurricane Wilma. Which is only sensible, as the latest forecast is for a substantial hurricane to hit just north of us Monday morning. (How substantial? How far North? No one knows. And even the timing forecast is a bit dodgy.)

University of Miami to Close at 3 p.m. on Sunday and Remain Closed on Monday

All campuses of the University of Miami will close at 3 p.m. Sunday, October 23, and will remain closed through Monday, October 24. All classes, clinical activities, and events are canceled for that time period; however, essential personnel should report to work according to their unit’s emergency plan.

All academic buildings, the libraries (including the School of Law library), the UM Bookstore, and the Wellness Center, will close promptly at 3 p.m. Sunday, and will be locked and secured at that time. There will be no access to these buildings after 3 p.m.

Through the duration of the storm, the most up-to-date information on specific closings and schedules will be available on the University’s Emergency Preparedness Web site, www.miami.edu/prepare, and by calling the Rumor Control Hotline at 305-284-5151. The Hotline will be staffed with live operators beginning at 6 p.m. on Sunday.

Disaster planning usually includes taking down the law school computer system. Thus, the best way to reach me is described in how to email me. Of course, if I lose power at home I won’t be reading the email, but at least you will know that I will get it some day. (This blog should remain up, as it’s based in California. However, I may not be able to prune the spam.)

I went shopping again this morning to top up our food supplies. The Publix was well-stocked, except for water, of which there was only a little. What was amazing was how empty the shop was of people. I often shop Saturday mornings, and while I was not alone, this was the emptiest I’ve ever seen it then. I guess lots of people binge shopped earlier in the week, and so stayed home today.

Similarly, when I went to fill up the car this afternoon, the gas station was quiet. But the employees at the local liquor store were told this afternoon to expect to report for work Monday morning, which strikes me as either foolish optimism on the boss’s part, a sign of a slave driving mentality, or a weird idea of what constitutes essential hurricane supplies.

Posted in Miami | Comments Off on Monday is Canceled

Semi-Delayed Endorsement

Brad DeLong has decided he is For Harriet Miers on the devil-you-know theory. Too late, though, she’s not just sinking, sinking, it’s gotten to the point that Miers is toast.

Then again, if we get enough endorsements, maybe we don’t have to forgo the hearings? I look forward to the meticulous replies.

Which is not to say that the devil-you-know theory is a bad one: If the Nixon pattern holds, we’ll get someone much worse next time, just to punish us.

Posted in Law: The Supremes | 1 Comment

Nice Work if You Can Get It

blog is worth $173,878.32.
How much is your blog worth?

…at least according to Business Opportunities Weblog, which explains the calculation as follows,

Inspired by Tristan Louis’s research into the value of each link to Weblogs Inc, I’ve created this little applet which computes and displays your blog’s worth using the same link to dollar ratio as the AOL-Weblogs Inc deal.

Posted in Discourse.net | 1 Comment

Wilma Remains a Mystery

Bottom line of the latest Hurricane WILMA Discussion: We know there is a big storm and it will hit the tip of Mexico. We all agree it will head for Florida next and hit some time after 7am Monday, maybe much later, and hit somewhere in the state, at some intensity. It might be horrible. It might not be. We don’t expect to know much more until Saturday at the earliest, and probably not until Sunday. (By which point it will be too late to do much.)

IN THE 3 TO 5 DAY TIME FRAME…THE NEW OFFICIAL FORECAST IS BASICALLY UNCHANGED. FORTUNATELY FOR THE SAKE OF BETTER AGREEMENT AMONG THE MODELS… THE NOGAPS NO LONGER KEEPS WILMA IN THE CARIBBEAN FOR FIVE DAYS AND IS NOW MORE IN LINE WITH THE REMAINING MODELS. THIS RESULTS IN THE DYNAMICAL CONSENSUS BEING IN FAIRLY GOOD AGREEMENT WITH THE PREVIOUS ADVISORY AT DAYS 3-5. HOWEVER… THE SPREAD IN THE MODELS REMAINS QUITE LARGE… AND BOTH THE LOCATION AND TIMING OF THE IMPACTS ON FLORIDA REMAIN VERY UNCERTAIN. THE NEW INTENSITY FORECAST IS VERY SIMILAR TO THE PREVIOUS ADVISORY IN STEADILY WEAKENING WILMA OVER THE GULF OF MEXICO DUE PRIMARILY TO INCREASING SHEAR. HOWEVER… IF WILMA DOES NOT SPEND MUCH TIME OVER YUCATAN… IT COULD BE STRONGER THAN FORECAST WHEN IT CROSSES FLORIDA.

Posted in Miami | Comments Off on Wilma Remains a Mystery

Death By Detail (Miers and Her Forms)

In and of itself it’s more a technical error than a smoking gun, but in context this seems part of a pattern of carelessness:

Page A-26: Can you believe it? … unidentified low-level sources have revealed to Page A-26 that Harriet Miers did not provide a complete work history in her Senate Judiciary Committee questionnaire.

Sources indicate that Ms. Miers failed to mention her tenure as a member of the Martindale-Hubbell/Lexis-Nexis Legal Advisory Board.

I understand how a busy person might honestly forget even something fairly substantial such as a Board membership. I remember how much trouble I had documenting my life when I had to apply for a security clearance, and I was only 28 at the time. But that is why any well-organized person keeps their c.v. up to date — it’s a way to make sure you have a record of everything you’ve done should you ever need one. I try to update mine at least once a year. (Hmm… looks like it’s time to update it again….)

Given that one of the major talking points for Miers has been how ‘meticulous’ she is, the drip drip drip of sloppy mistakes that might well be ignored for a different nominee will in this case continue to erode her rapidly shrinking prospects.

Posted in Law: The Supremes | 6 Comments