Patrick don't preach
I have no sympathy for busted Illinois Gov. Rod Blagojevich, and I admire super-prosecutor Patrick Fitzgerald. Fitzgerald's filing in the Scooter Libby perjury case made me rethink my original opinion that the outing of Valerie Plame shouldn't lead to anyone being sent up the river.
But why can't Fitzgerald let his legal work speak for itself? At his news conference on Tuesday he literally exceeded his brief, not only summarizing the criminal complaint but also holding forth rather priggishly about what the governor's arrest meant for Illinois.
According to Fitzgerald, the charges against Blagojevich represented “a truly new low,” and “would make Lincoln roll over in his grave.” The governor had gone on a "political corruption crime spree."
I was reminded of the first President Bush as channeled by Dana Carvey: "It's bad. Bad!" (Speaking of priggishness, Fitzgerald seemed to be as offended by Blagojevich's vulgar language as he was by the governor's actions.)
To be fair, Fitzgerald isn't the first prosecutor to embroider on his indictments verbally or otherwise. Lots of lawyer-politicians have used the U.S. attorney position as a stepping stone to higher office (remember Rudy Giuliani?) and that requires maintaining a high profile.
Fitzgerald seems bereft of electoral ambitions, but in a way that makes his preaching all the more annoying. The late Chief Justice William H. Rehnquist once took exception to a tendentious opinion by Justice William Brennan in a flag-burning case, accusing Brennan of engaging in a "patronizing civics lecture." If Rehnquist is aware of Fitzgerald's sermonizing, he's spinning in his grave.
* Photo of Patrick J. Fitzgerald by Tannen Maury / EPA
This is a man who has the will and the guts to take on corruption from all angles. He is a great man and can preach if he wants. You are a fool! You think it's easy to take on Governors and Vice Presidents?
Posted by: David Hardy | December 09, 2008 at 03:47 PM
I disagree with the idea that prosecutors should refrain from sermonizing when indicting people, and particularly elected officials.
Mr. Fitzgerald’s description of Governor Blagojevich’s alleged crimes adds color and dimension that help to not only clarify Blagojevich’s intentions, but Mr. Fitzgerald’s as well. We live in democracy, and our elected officials are all we’ve got to run our government, and the public demands to know every nook and cranny of their moral consciences. It is only right that we expect the same from those who want to take them down. If voluntary colorful language helps to do that, all the better.
Though I would like to see Mr. Fitzgerald give a further explanation as to why Blagojevich’s arrest was truly necessary, it seems clear to me from his characterization that a severe and grotesque abuse of power has taken place in Illinois, though Governor Blagojevich is still entitled to a fair trial.
Likewise, the colorful language of Justice Department prosecutor Brenda Morris, who prosecuted Senator Stevens for his supposed vast criminal scheme to conceal the true cost of his home renovations, and thereby skirt Senate ethics laws, provides a window into her mentality and intentions.
During the Stevens trial, prosecutor Morris made appeals to class resentments of the jurors; appeals that had nothing whatever to do with Senator Stevens’ indictment. For example, Morris grilled Catherine Stevens, the senator’s wife, during the trial about the couple’s use of Senate staff for personal errands, a practice that is not uncommon on Capitol Hill and elsewhere. Again, this had nothing to do with the indictment against Senator Stevens, but it nevertheless put on full display this prosecutor’s personal animus toward Ted and Catherine Stevens, which certainly comes in handy for concerned citizens who are trying to figure out why the $160,000 that Ted and Catherine Stevens paid for renovations on their very modest home was considered insufficient, and indeed criminal, by the U.S. Justice Department.
Thus, full-throated prosecutors — and particularly those who set their sights on taking down our duly-elected officials — are necessary for basic democratic accountability and oversight. These people are not robots, but human beings; some are good, and some are clearly not. Their own language and behavior can help “We the People” in our discernment process of their personal character.
Mr. Fitzgerald’s colorful language helps me as a citizen to understand the severity of what allegedly took place with respect to Governor Blagojevich; Brenda Morris’ language in the Ted Stevens trial helps me to understand that this lady is not at all after truth and justice, but simply grinding her vengeful ax and showing everybody in Washington who’s boss.
Timothy Rieger
Posted by: Timothy Rieger | December 09, 2008 at 05:18 PM
What about all the US Attorney's who were fired for not carrying out Bushes agenda? What about all the corrupt prosecutions by Bush prosecutors, who were kept on? You know, the "loyal Bushies." The only US Attorney not fired in California is Mcgreggor Scott of the Eastern District of California. That guy targeted democrats on the behalf of wealthy Bush donors/developers.
Posted by: Ken Meltzgoza | December 09, 2008 at 09:21 PM
You seem to imply that Justice Rehnquist was right to criticize Justice Brennan for a "patronizing civics lecture". Mr. Rehnquist was NOT a John Marshall - far from it - in fact he was a mediocre intellect and neo-con parrot. If any Justice has made a career of "civics" education it is Justice Kennedy...and I applaud him for it.
As for Fitzgerald, I only wish we had MORE officials with his integrity and eagerness to rid our nation of crooks like Scooter Libby, Cheney, and Blagovich. Fitzgerald would be a great US Attorney General.
Posted by: Alan Jacobs | December 09, 2008 at 10:05 PM
You seem to imply that Justice Rehnquist was right to criticize Justice Brennan for a "patronizing civics lecture". Mr. Rehnquist was NOT a John Marshall - far from it - in fact he was a mediocre intellect and neo-con parrot. If any Justice has made a career of "civics" education it is Justice Kennedy...and I applaud him for it.
As for Fitzgerald, I only wish we had MORE officials with his integrity and eagerness to rid our nation of crooks like Scooter Libby, Cheney, and Blagovich. Fitzgerald would be a great US Attorney General.
Posted by: Alan Jacobs | December 09, 2008 at 10:06 PM
Oh Good Grief. If there was ever a situation that actually DOES call for preaching, this is it.
And Rhenquist iand Brennan were Judges, not prosecutors. Huge difference.
I frankly HOPE Patrick Fitzgerald has political ambitions. I'm not from Illinois, but if I were, I'd start a "Draft Fitzgerald for Governor" movement in a second.
Posted by: cliff | December 10, 2008 at 02:48 PM
Perhaps Obama will appoint Fitzgerald to be U.S. Attorney General.:))
Posted by: Laughing | December 11, 2008 at 12:42 AM
Patrick Fitzgerald is an anti-democratic freak who needs to be restrained. First he masterminded the prosecution of attorney Lynne Stewart for representing a terrorist client to the best of her ability. Then he put reporter Judith Miller in jail for 85 days for protecting her source in the Valerie Plame leak case. Now he's the lead prosecutor against Rod Blagojevich, and he announced his indictment just one day after Blagojevich appeared on a picket line to protect Illinois workers against the Bank of America's attempt to force their employer out of business. Whether Blagojevich is innocent or guilty, Fitzgerald's scorched-earth prosecution tactics and eagerness to try this crime in the media instead of the courtroom deserve to be condemned.
Posted by: Mark Conlan | December 11, 2008 at 12:46 PM