MYSTERY #2: What's missing from the Special Prosecutor's w

MYSTERY #2: What's missing from the Special Prosecutor's website?
http://citizenspook.blogspot.com/

On October 28, Justin Raimondo published an interesting article for antiwar.com which contains the following quote form District Court Judge Hogan:

The ex parte affidavit establishes that the government's focus has shifted as it has acquired additional information during the course of the investigation. Special Counsel now needs to pursue different avenues in order to complete its investigation. … The subpoenas were not issued in an attempt to harass the [reporters], but rather stem from legitimate needs due to an unanticipated shift in the grand jury's investigation.

I had never seen that quote before, and I was really angry that I missed it. So I went to the Special Prosecutor's website and had another look at Judge Hogan's decisions. But I couldn't find that quote there. So I went back to Raimondo's column and followed the links attached to that quote. None of the links led to an actual court document. The two links supplied by Raimondo led to other blogs. But those blogs didn't lead to an actual court decision.

I Googled the quote and found the following link to an official .gov document...

...but the damn link wouldn't work, and there was no "cache" option for this particular Google entry. I then trolled around the web desperately groping for this District Court opinion. No luck.

I returned to the broken link once more. It was a .pdf file. I then noticed there was a "convert to html" button, gave that a shot and voila!, up came Judge Hogan's official opinion. This happened on October 29. And today, the original link is working again. But I'm fairly certain the link wasn't working when Raimondo published his October 28 column. Surely, he must have searched for the official document as I had done, concluded it was not available, and published his report using only the blog references to it. And I imagine -- not knowing Raimondo personally -- that he wasn't happy about not having the real thing.

Now, almost a week after Raimondo published that report, the official .gov document is online again.

But it's still not been uploaded to the Special Counsel's website. What gives? Let's see what that opinion says:

On September 13, 2004, Special Counsel issued a second set of subpoenas upon Mr. Cooper and Time....

Cooper and Time argue that because the second set of subpoenas seek the same information requested in the original subpoenas, enforcing these new subpoenas would be unreasonable and/or oppressive. Specifically, Movants take issue with the fact that Special Counsel voluntarily limited the previous subpoenas to information concerning one identified government official, yet he now looks to gather information that he previously agreed not to seek. Such an action, Cooper and Time argue, is unreasonable and oppressive. This Court disagrees.

In his ex parte affidavit, Special Counsel outlines in great detail the developments in this case and the investigation as a whole. The ex parte affidavit establishes that the government’s focus has shifted as it has acquired additional information during the course of the investigation. Special Counsel now needs to pursue different avenues in order to complete its investigation. Through the ex parte affidavit, the Court has determined that the subpoenas were not issued in an attempt to harass the movants, but rather stem from legitimate needs due to an unanticipated shift in the grand jury’s investigation.

"... the government's focus has shifted"
"...an unanticipated shift in the grand jury's investigation..."

Where have those quotes been hiding?

Two questions:

1. Why isn't this official decision of the District Court included at the Special Counsel's website?

My best guess is that Fitz may not have wanted certain people to focus on the inflammatory information contained in that statement. Out of sight out of mind, right? But once Raimondo's column zeroed in on this decision, it must have become obvious that people would be hunting for the official court document. And now it's back online. I don't really know what this means, if anything, but the document sure led this blogger on an interesting journey. The second question, and by far the more relevant one is:

2. Where has this "unanticipated shift" taken Fitzgerald?

When you examine the shift in Fitzgerald's publications and official utterances on the topic of motivation, it becomes reasonable to believe that Fitzgerald is not buying the argument/spin that this outing of a CIA officer was done with purely political or retaliatory motivations. Something -- or someone -- changed Fitzgerald's mind around October 2004.

I think this is a mind-blowing development because the 75 page brief to the Court of Appeals makes no less than four references to the "political or retaliatory" motive, but that brief is the very last time Fitz published such language. Now reexamine the words Fitz chose in the press conference -- words that clearly indicate he's not been able to determine "why they did it" -- and you come away with an "ah ha" moment.

Fitz is just walking out to the mound, people. The first inning hasn't even started.

Nothing, and I mean nothing at all, can be found in the press conference, press release or indictment which even remotely suggests that Plame and Wilson are innocent victims in this affair. Fitz certainly doesn't suggest that they were co-conspirators either. But his published language has changed drastically as far as it pertains to the motive for these crimes.

When Fitz submitted his brief to the Court of Appeals around the time of late October 2004, he was apparently comfortable repeating the common perception that the motive was "political gain" or "retaliation" of a critic. But that was before he was able to get some of the dirt out of his eyes. Seeing things more clearly now, he realizes -- and in fact has unequivocally stated -- that he does not know the motive -- "why they did it" was the exact words he used.

Please notice that Judge Hogan's "unanticipated shift" memorandum is a direct result of Cooper's objection to Fitzgerald's second set of subpoenas. Fitz had finally got some of the shit out of his eyes when Cooper was forced to answer the initial questions and this clarity led him in another direction.

Judge Hogan's decision comes down on November 10, 2004. By this time Fitz would have submitted the 75 page brief containing the original "political or retaliation" motives probably a week or two prior to Hogan's Nov. 10 decision.

Mark October 2004 on your calendar as the time Fitz started to see the possibility of a much larger and more intricate conspiracy involving more sinister and pre-meditated intentions. I think that's a fair assessment when you carefully examine everything that Fitz has said since submitting that 75 page brief. In case you've been sleeping, he's not mentioning the word "retaliation" any longer.

But the gatekeepers of the left continue to focus on the "small picture" insisting that these dangerous crimes were committed as retaliation against a whistleblower/hero. Y'all better get educated soon. Fitzgerald has signaled that he's not satisfied this investigation has uncovered the genuine motive. And he's also signaled through his press conference that he will not rest until he can look us in the eye and tell us he did everything he could to solve the riddle of this crime.

Fitzgerald is "drilling it down".

Rats are cornered. You know what rats do when they're cornered. He's got them cornered. I feel it. I believe it. I am impressed. Those involved with this conspiracy are going to figure it out soon. They are the Moriarty to Fitz as Sherlock Holmes. But Moriarty was no idiot. I don't think they will sit back and wait for the thing to play out relying on the pardon. That's a risky strategy.

Given time, Fitzgerald will convict every one of them eventually. His eyes are wide open and he's the better man. And they know it. That's the scary part. They know he's going to beat them.

Pray for the prosecutor.

by CS

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THE CHARLES GOYETTE SHOW.... IT WORTH YOUR TIME!!!!
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