Friday, November 18, 2005

Fitzgerald's chess moves

Fitzgerald is seeking a new grand jury.

I have read a lot about how this is spurred by the Woodward comments, but I think it has been the plan all along.

I think that while Woodward will be a centeral figure in what comes next, Fitzgerald really has had his eyes onthe grand jury rules concerning recantation.

18 U.S.C. ยง 1623(d),
"Where, in the same continuous court or grand jury proceeding in which a declaration is made, the person making the declaration admits such declaration to be false, such admission shall bar prosecution under this section if, at the time the admission is made, the declaration has not substantially affected the proceeding, or it has not become manifest that such falsity has been or will be exposed. "

The rules allow for a suspect about to be caught in a lie to pivot around and clarify his testimony. Once the door shut on the first grand jury, however, everything said is locked in. By just bringing the single indictment, Fitzgerald may have tightened the noose around all those who thought they would be able to wriggle free before it was too late.


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