No Comment — December 11, 2008, 11:15 am

Politics and the Federal Prosecutor

The indictment of criminal complaint filed against Illinois Governor Rod Blagojevich is getting ample attention on a number of fronts. The political entertainment value of the materials filed with the indictment, particularly including the transcripts of some internal conversations, is hard to beat. The FBI agent’s affidavit clearly furnishes the guts for a solid Broadway drama, and, who knows, maybe even a good movie.

But while Blagojevich garners withering attention, and is more properly the province of Washington Babylon, it seems to me that there is another character who requires appraisal: Patrick Fitzgerald. Scott Shane got off to a good start with a piece in yesterday’s New York Times in which he reviews Fitzgerald’s career. It made me think of a tale that an alumnus of the Southern District U.S. Attorney’s office, a contemporary of Fitzgerald’s, recounted to me recently–while acknowledging that it might be pure legend. Fitzgerald, he said, had a reputation as the most work-obsessed young assistant prosecutor on a staff of workaholics. His social life was thought to be non-existent. But once Fitzgerald invited a young woman he was dating over to his bachelor’s apartment. His date made a horrifying discovery: opening his oven, she found a dish of lasagna, covered with mold. It had evidently been sitting there for weeks. Fitzgerald, it seems, lived off of take-out and rarely spent an evening at home in his apartment.

At a time when the Department of Justice’s reputation has sunk to its modern low point, Fitzgerald stands as a model of the selfless service a rigorous and principled professional prosecutor can provide. He has tackled and excelled with difficult cases, and often enough has struck at the political world. That is shown by the three cases that form of the core of his record: the prosecution of Governor George Ryan, the investigation of the leaks that blew the cover of a CIA covert agent named Valerie Plame that later resulted in the conviction of Scooter Libby, Dick Cheney’s chief of staff, and now the indictment of Governor Ron Blagojevich, Ryan’s successor.

Fitzgerald’s handling of each of these cases reflects toughness but also a sense of all the ethical rules and concerns that Robert H. Jackson spelled out in his speech “The Federal Prosecutor.” He targets crimes, not people; he works hard to build a solid case on clear evidence. When he doesn’t have the evidence, he doesn’t bring the case–for which both Karl Rove and Dick Cheney can be thankful.

The Blagojevich indictment came down the same day another prosecuted Governor, Don Siegelman of Alabama, argued his appeal in Atlanta. These prosecutions offer a stark study in contrasts. Just as the Siegelman case demonstrates a malicious, political manipulation of the criminal justice system by prosecutors with a suspect agenda, the Blagojevich case presents a study in how a politically sensitive case is properly managed and brought to the fore. Fitzgerald’s statements as the charges were announced also offer a demonstration of understatement, focusing on the ideals to be upheld.

It seems obvious that Patrick Fitzgerald should be retained as U.S. attorney in Chicago and allowed to handle this case to its conclusion. But that’s not enough. Is there a prosecutor in the federal system who has done more to win the respect and admiration of the public than Patrick Fitzgerald? Eric Holder and Barack Obama should consider putting him in charge of the operations of the Department as Deputy Attorney General. It would send a simple, necessary message to the country: the days of politics in the administration of justice are over. The theme of the day will be professional integrity.

Share
Single Page

More from Scott Horton:

Conversation August 5, 2016, 12:08 pm

Lincoln’s Party

Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln

Conversation March 30, 2016, 3:44 pm

Burn Pits

Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

March 2017

City of Gilt

= Subscribers only.
Sign in here.
Subscribe here.

Tyranny of the Minority

= Subscribers only.
Sign in here.
Subscribe here.

Texas is the Future

= Subscribers only.
Sign in here.
Subscribe here.

Family Values

= Subscribers only.
Sign in here.
Subscribe here.

Itchy Nose

= Subscribers only.
Sign in here.
Subscribe here.

Black Like Who?

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Texas is the Future·

= Subscribers only.
Sign in here.
Subscribe here.

I first heard the name Barack Obama in the spring of 2004, while visiting my mother in Chicago. As we sat around the kitchen table early one spring morning, I noticed a handsome studio portrait among the pictures, lists, cards, and other totems of family life fastened to the refrigerator door. “Who’s the guy with the ears?” I asked, assuming he was some distant relative or family friend I didn’t know or else had forgotten. “Barack Obama,” she answered with a broad smile. “He’s running for Senate, but he’s going to be the first black president.”

Illustration (detail) by John Ritter
Post
The Forty-Fifth President·

= Subscribers only.
Sign in here.
Subscribe here.

I first heard the name Barack Obama in the spring of 2004, while visiting my mother in Chicago. As we sat around the kitchen table early one spring morning, I noticed a handsome studio portrait among the pictures, lists, cards, and other totems of family life fastened to the refrigerator door. “Who’s the guy with the ears?” I asked, assuming he was some distant relative or family friend I didn’t know or else had forgotten. “Barack Obama,” she answered with a broad smile. “He’s running for Senate, but he’s going to be the first black president.”

Photograph (detail) by Philip Montgomery
Article
Itchy Nose·

= Subscribers only.
Sign in here.
Subscribe here.

I first heard the name Barack Obama in the spring of 2004, while visiting my mother in Chicago. As we sat around the kitchen table early one spring morning, I noticed a handsome studio portrait among the pictures, lists, cards, and other totems of family life fastened to the refrigerator door. “Who’s the guy with the ears?” I asked, assuming he was some distant relative or family friend I didn’t know or else had forgotten. “Barack Obama,” she answered with a broad smile. “He’s running for Senate, but he’s going to be the first black president.”

Artwork (detail) © The Kazuto Tatsuta/Kodansha Ltd
Article
A Matter of Life·

= Subscribers only.
Sign in here.
Subscribe here.

I first heard the name Barack Obama in the spring of 2004, while visiting my mother in Chicago. As we sat around the kitchen table early one spring morning, I noticed a handsome studio portrait among the pictures, lists, cards, and other totems of family life fastened to the refrigerator door. “Who’s the guy with the ears?” I asked, assuming he was some distant relative or family friend I didn’t know or else had forgotten. “Barack Obama,” she answered with a broad smile. “He’s running for Senate, but he’s going to be the first black president.”

Photograph (detail) by Edwin Tse
Article
Black Like Who?·

= Subscribers only.
Sign in here.
Subscribe here.

I first heard the name Barack Obama in the spring of 2004, while visiting my mother in Chicago. As we sat around the kitchen table early one spring morning, I noticed a handsome studio portrait among the pictures, lists, cards, and other totems of family life fastened to the refrigerator door. “Who’s the guy with the ears?” I asked, assuming he was some distant relative or family friend I didn’t know or else had forgotten. “Barack Obama,” she answered with a broad smile. “He’s running for Senate, but he’s going to be the first black president.”

Photograph © Jon Lowenstein/NOOR

Number of babies to whom Volkswagen has given savings bonds, since 1964, for being born in one of its cars:

405

Honeybees are smarter in the morning and are not fooled by the midnight sun.

Trump tweeted that “the FAKE NEWS media” was the “enemy of the American people,” the Kremlin reportedly ordered Russian state media to reduce its flattering coverage of Trump, and a Canadian news site published its tally of 80 false claims made by the president during his first month in office.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Who Goes Nazi?

= Subscribers only.
Sign in here.
Subscribe here.

By

"It is an interesting and somewhat macabre parlor game to play at a large gathering of one’s acquaintances: to speculate who in a showdown would go Nazi. By now, I think I know. I have gone through the experience many times—in Germany, in Austria, and in France. I have come to know the types: the born Nazis, the Nazis whom democracy itself has created, the certain-to-be fellow-travelers. And I also know those who never, under any conceivable circumstances, would become Nazis."

Subscribe Today