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Editorial: Delayed inquiry / A special prosecutor is forced to play catch-up
Wednesday, January 07, 2004

The Bush administration announced last week that Attorney General John Ashcroft had recused himself from the investigation of a CIA agent's blown cover, then it named a special prosecutor.

Although this may increase the likelihood of an effective inquiry and possible prosecution into the leaked identity of agent Valerie Plame, the action comes late and the new special prosecutor isn't independent.

Mr. Ashcroft and other senior administration officials, including President Bush's top political adviser, Karl Rove, have been discussed as possible suspects in the crime, a felony punishable by up to 10 years in federal prison. Mr. Ashcroft's ability to lead the investigation impartially, given his relationship with possible perpetrators, has been questioned all along, although our initial assessment was that Justice's professionals should be given a chance to perform.

That approach didn't work. The appointment of U.S. Attorney Patrick J. Fitzgerald of Chicago to lead the inquiry is a step forward, but he comes to the game late. Ms. Plame's name and role were revealed by columnist Robert Novak on July 14. The CIA referred the matter to the Justice Department, which began its investigation in September. Following White House denials of Mr. Rove's involvement, President Bush said publicly Oct. 7 that he doubted that any employee would be found out.

Now, three months into the investigation, a new man is put on the job. Mr. Fitzgerald's credentials are impressive. He instituted the prosecution of former Illinois Gov. George Ryan, a Republican. At the same time, he was appointed to his post by President Bush and is scarcely more independent than the Justice Department personnel he succeeded in the investigation. Also, no matter how good he is, he has to start from the beginning, with the water already muddied.

One thus has to ask whether President Bush truly wants the Intelligence Identities Protection Act enforced, or whether there is a cover-up afoot at a senior level in the administration.

Is Mr. Ashcroft responding to dogs that are sniffing around his bag? Is this an attempt to drag the matter out even further by putting a new person in charge of a case that is growing cold, thus increasing the likelihood that Mr. Bush's forecast of no perpetrator being found becomes self-fulfilling?

The matter is now in Mr. Fitzgerald's allegedly capable hands. Despite his late arrival to the case and the politics involved, the magnitude of the offense demands that justice be done.

First published on January 7, 2004 at 12:00 am