Anatomy of a Leaks Investigation

Robert Novak publishes a column citing “two senior administration officials” for the proposition that Joe Wilson was selected to investigate claims of Iraq seeking uranium from Niger at the suggestion of his wife, Valerie Plame, a CIA “operative.” (July 14, 2003).

There have been numerous leaks of highly sensitive national security information in recent months.

One news article discusses in extensive detail the methods used to attack the computer systems at Iran’s nuclear enrichment facilities (June 1, 2012).

Another describes intelligence methods and the President’s direct participation in the development of a “secret kill list” of terrorists targeted for death or capture (May 29, 2012).

Both cite as sources “aides” to President Obama, including one citing interviews with “three dozen” of the President’s “current and former advisers.”

The Department of Justice undertakes an investigation into whether the Intelligence Identities Protection Act was violated.

Attorney General Holder issues a press release saying two U.S. Attorneys (DC & MD) will “lead criminal investigations into recent instances of possible unauthorized disclosures of classified information ... directing separate investigations currently being conducted by the FBI.”

Within two weeks, Senators Biden, Schumer, and others demand a special counsel be appointed (Oct. 9, 2003).

Senator Obama later demands a congressional investigation despite the fact that “a criminal investigation is underway and that a special prosecutor continues to present testimony before a grand jury” (July 25, 2005).

No analogous demand by Senate Democrats. In fact, they disclaim the need for a special counsel to be appointed.

As the investigation proceeds, Attorney General Ashcroft recuses himself and delegates his full authority in the investigation to the Deputy Attorney General (December 2003).

Deputy AG Comey in turn delegates full authority for the investigation to Patrick Fitzgerald, U.S. Attorney for the Northern District of Illinois.

Comey delegates to Fitzgerald “all the authority of the Attorney General” in the matter, to exercise that authority “independent of the supervision or control of any officer of the Department.” For all intents and purposes, Fitzgerald is the Attorney General of the United States when it comes to this particular investigation.

Comey later clarifies that this delegation of authority was “plenary.”