October 25, 2005

On Prosecutorial Discretion

In The Corner, Mark Levin compares the prosecutor's treatment of Bill Clinton's perjury in the Lewinsky matter to the decision that Fitzgerald may be forced to make in the Wilson/Plame matter on a possible perjury charge for Libby or Rove:

... he helped Monica Lewinsky write a false affidavit denying sexual relations with him; he intended the false affidavit to be used during his deposition, and in fact his lawyer (Bob Bennett) did use (unwittingly) the false affidavit to try to convince the judge overseeing the deposition (Susan Webber Wright) to limit questions to Clinton during the deposition; Clinton himself confirmed the accuracy of the false Lewinsky affidavit during his deposition; and Clinton lied repeatedly during the sworn deposition about his relationship with Lewinsky. There were no problems with bad recollections or unintended omissions. As Judge Wright ruled in her contempt holding against Clinton, Clinton made "intentionally false" statements. Clinton also enlisted others to lie for him. And considering the Jones lawsuit was about sexual harassment, and Jones's lawyers were trying to establish a practice and pattern of sexual misconduct to win their civil suit, this was no side issue. And yet, Clinton was not indicted. Robert Ray, the last of the independent counsels in the case, settled the case.

Posted by dan at October 25, 2005 9:46 PM