Editore"s Note
Tilting at Windmills

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December 16, 2008

REMEMBER ROBERT LUSKIN?.... Following up on the last item, let's take another quick look at the Wall Street Journal piece, questioning Barack Obama's decision to abide by the wishes of Patrick Fitzgerald and federal investigators in the Blagojevich case.

Robert Luskin, a Washington white-collar defense lawyer who knows Mr. Fitzgerald well, said he doesn't doubt the prosecutor would have asked that Obama officials keep quiet until his investigation is further along. That is to prevent witnesses from tailoring their stories to what they learn others are saying. But, he said, Mr. Obama and his aides don't have to comply. They are using the prosecutor as a "fig leaf" to avoid answering questions just now, Mr. Luskin said. They could just as easily have decided that assuring the public about their actions is more important than acceding to the prosecutor's request.

Now, we know the reporting in the piece left much to be desired, but let's also pause to appreciate the irony of this criticism from Robert Luskin.

The WSJ notes that Luskin knows Fitzgerald well. What the article neglected to mention is why they know each other -- Luskin was Karl Rove's attorney when Fitzgerald was investigating the Valerie Plame case.

Remember this?

Karl Rove, former White House deputy chief of staff and President Bush's top political adviser, is refusing to appear before the House Judiciary Committee to testify on "politicization" within the Justice Dept. Rove had been scheduled to appear next Thursday, July 10.

Rove's refusal to respond to a Judiciary Committee subpoena drew a stern response from Judiciary Committee Chairman John Conyers (D-Mich.) and Rep. Linda Sanchez (D-Calif.), chairwoman of the Commercial and Administrative Law subcommittee.

"We want to make clear that the subcommittee will convene as scheduled and expects Mr. Rove to appear, and that a refusal to appear in violation of the subpoena could subject Mr. Rove to contempt proceedings, including statutory contempt under federal law and proceedings under the inherent contempt authority of the House of Representatives," Conyers and Sanchez wrote in a letter to Rove's attorney, Robert Luskin.

Yes, Mr. Luskin, please tell us again how awful it is when prominent political figures stoop to using a "fig leaf" to avoid answering questions. You are the expert on the subject.

At the risk of stepping on Atrios' toes, I'm nominating this guy for Wanker of the Day.

Update: An alert reader reminded me that Luskin knows full well that one is not supposed to talk about an ongoing investigation because Rove did exactly that, to the consternation of federal investigators.

Steve Benen 3:20 PM Permalink | Trackbacks | Comments (10)

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Comments

I second the motion.

Posted by: Chocolate Thunder on December 16, 2008 at 3:31 PM | PERMALINK

Ahhh.... those sternly worded letters. I'm going to miss them.

NOT!

Posted by: Marko on December 16, 2008 at 3:37 PM | PERMALINK

It is so much worse than that. After explaining that Fitzgerald wants to see justice done--ie get the truth without it being colored by disclosures from the Obama camp- Luskin ascribes a venal purpose to Obama "going along with the request of the GOVERNMENT'S LAWYER" The idea that the newly elected president--a lawyer himself- just might adhere to the request of his country's lawyer and want to see justice done is apparantly alien to somebody who would represent Karl Rove. Go figure.

Posted by: terry on December 16, 2008 at 3:46 PM | PERMALINK

They are using the prosecutor as a "fig leaf" Luskin

Karl Rove doesn't surprise me by suggesting Obama should just say everything on day one. After all, he's all about politics. But a lawyer saying this is bizarre - especially after pointing out what the criticism would be if he did eschew Fitzgerald's request.

Posted by: Danp on December 16, 2008 at 4:28 PM | PERMALINK

Good work, Mr. Benen!

It seems to me that this is very poor journalism from the WSJ. To merely say that Luskin 'knows Mr. Fitzgerald well' is clearly hiding a relevant fact from readers.

It's amazing that helping a prosecutor with his prosecution can be seen as covering something up.

Posted by: TG Chicago on December 16, 2008 at 4:30 PM | PERMALINK

Just because it's an ironic observation, and even though the Journal was shoddy, doesn't mean that Luskin's observation still isn't true.

I mean, Blago's been under some sort of investigation for two years now, and is already lawyered up. As if he's not already tailoring his story.

Posted by: SocraticGadfly on December 16, 2008 at 4:35 PM | PERMALINK

I can assure you that Luskin and Rove would have something to say about Obama if he released information over the objection of the special prosecutor. Something like, "LOOK, LOOK!!!! Obama is a close colleague of the governor and is working to undermine the special prosecutor."

I hope these guys will slowly disappear and we'll get away from all spin all the time to a fact based life.

Posted by: Cycledoc on December 16, 2008 at 4:36 PM | PERMALINK

To say "They could just as easily have decided that assuring the public about their actions is more important than acceding to the prosecutor's request." - "just as easily" - is a sign of complete disrespect for Mr. Fitzgerald and his office.

I'd like to see Luskin accelerated rather quickly to about 0.999999 c so the "Fitzgerald-Lorentz contraction" made him as thin as a pancake, and then crash him into Jupiter's red spot. (Inside physics joke, sorry, from the Prosecutor's name.)

Posted by: Neil B ☺ on December 16, 2008 at 4:45 PM | PERMALINK


who listens to republicans any more?

Posted by: mr. irony on December 16, 2008 at 5:40 PM | PERMALINK

They could just as easily have decided that assuring the public about their actions is more important than acceding to the prosecutor's request. -- Luskin

Subtext: "And I wish they *had*; that's what we'd have done. And, boy, could I have gone to town condemning them, then... Why does Obama have to be so damned different? Why does he have to be so law-abiding??? Why does he refuse to make any missteps that I could nail him for?"

Posted by: exlibra on December 16, 2008 at 8:58 PM | PERMALINK




 

 

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