John Dean, former counsel to president Richard M. Nixon, wrote a column for FindLaw yesterday that is an absolute must read. In it, he gave a thorough analysis of the issues facing special prosecutor Patrick Fitzgerald, while indirectly discrediting the parade of media representatives who have declared in the past couple of weeks that chief White House aide Karl Rove, and Vice President Dick Cheney’s chief of staff, I. Lewis “Scooter” Libby, will be indicted next week.
The crux of his argument is that unless Libby and or Rove perjured themselves or suborned perjury, it would be difficult to prove that their actions were not in the interest of national security:
“It is difficult to envision Patrick Fitzgerald prosecuting anyone, particularly Vice President Dick Cheney, who believed they were acting for reasons of national security. While hindsight may find their judgment was wrong, and there is no question their tactics were very heavy-handed and dangerous, I am not certain that they were acting from other than what they believed to be reasons of national security. They were selling a war they felt needed to be undertaken.
“In short, I cannot imagine any of them being indicted, unless they were acting for reasons other than national security. Because national security is such a gray area of the law, come next week, I can see this entire investigation coming to a remarkable anti-climax, as Fitzgerald closes down his Washington Office and returns to Chicago.
“In short, I think the frenzy is about to end -- and it will not go any further.”