Ashcroft withdrew because, in an "abundance of caution,"

The New Phase Of the Investigation
FULL REPORT:
http://www.dissidentvoice.org/Jan04/Dean0108.htm
[SNIP]
Not wanting to hype the situation, all Comey said was that Ashcroft withdrew because, in an "abundance of caution," he "believed that his recusal was appropriate based on the totality of the circumstances and the facts and evidence developed at this stage of the investigation." He added later in the press conference that the "recusal is not one of actual conflict of interest that arises normally when someone has a financial interest or something. The issue that he was concerned about was one of appearance."

What facts would raise a serious questions of the appearance of a conflict of interest here? I'd bet that the investigation is focusing on at least one target whom Ashcroft knows more than casually, or works with regularly. After all, Novak did identify his sources as two "senior Administration officials."

What explains the timing of Ashcroft's removal? Recall that the removal occurred as a result of events occurring in the same week the Post reported that the FBI had told potential witnesses they might have to face a grand jury.

Some of those witnesses very probably hired lawyers as soon as they heard the news. Especially likely to hire a lawyer would be a middle-level person with knowledge of a leak by a higher-up. And such a lawyer would likely have gone immediately to the prosecutors to make a deal.

Who might the lawyer be? It's pure speculation, but former D.C. United States Attorney Joe diGenova, or his wife and law partner, Victoria Toensing, are likely candidates. Toensing, as chief counsel of the Senate Select Committee on Intelligence worked on one of the laws that may have been violated -- the law protecting the identities of undercover agents. Who better to defend a leaker who might be subject to a law, than the person who drafted the law?

Moreover, Toensing was quoted in a recent Washington Post story explaining that it is possible that any leak "could be embarrassing but not illegal" -- suggesting that a leaker might have a possible defense. (Unfortunately for the leaker, however, as I noted in an earlier column, more than one law may have been broken.)

When the lawyer -- diGenova, Toensing, or someone else -- went to the government seeking immunity for his or her client, Ashcroft would have heard that the middle-level person was offering to finger the high-level leaker. At that point, he would have realized he himself knew the high-level leaker; and decided to recuse himself from the case, and let Fitzgerald take over.

After all, as Comey pointed out at the press conference announcing Fitzgerald's appointment, Fitzgerald -- as a U.S. Attorney -- would not have to consult with anyone at the Justice Department before making an immunity deal. Accordingly, Fitzgerald could "flip" the middle-level person -- offering him or her immunity to testify against his or her superior -- without the permission, or even knowledge, of Comey, let alone Ashcroft.

If There Is a Knowledgeable Witness, What Next?

If there is a witness willing to testify against one -- or both -- of the leakers in exchange for immunity, what then? It seems likely that Fitzgerald will move very quickly to find out if there is indeed a case to be made against the leakers. To bolster his case, he may call Novak and others to the grand jury or, as noted above, subpoena Novak's (and others') phone records over the relevant period. Even Ashcroft himself could in theory be called to the grand jury.

If this case does not make headlines in 90 to 120 days, it will be quite surprising. There has been too much high level action and Comey, a presidential appointee, knows that politically it would be better for Bush & Company to have the matter flushed out within the next few months, than to have it arise just before the November election. Needless to say, this could be an interesting year for the White House, with more than reelection to worry about.

John Dean is the former White House counsel for President Richard Nixon and author of The Rehnquist Choice: The Untold Story of the Nixon Appointment that Redefined the Supreme Court. This commentary first appeared on FindLaw.com (www.findlaw.com).

Other Articles by John Dean
FULL REPORT:
http://www.dissidentvoice.org/Jan04/Dean0108.htm

=================
* Evidence that VP Misled Congress about Producing Energy Task Force-Related Documents
http://www.dissidentvoice.org/Articles8/Dean_Cheney-Energy-Cover-Up.htm

* The Deadly Serious Crime Of Naming CIA Operatives
http://www.dissidentvoice.org/Articles7/Dean_Naming-CIA-Operatives.htm

* A Special Prosecutor Should be Appointed to Investigate Bush Adm. Misrepresentations About
http://www.dissidentvoice.org/Articles7/Dean_Special-Prosecutor.htm

Latest Articles: October 25, 2005

(New Articles added throughout the day. Check back often and be sure
to hit your refresh button to see the latest updates)
http://www.dissidentvoice.org/