"It's kind of the icing on the cake"

In a document that apparently wasn't part of the bazillion emails dumped on the Senate Judiciary committee yesterday, was a March '05 email indicating that Pat Fitzgerald just wasn't cutting it...just as he was leading the investigation into Irving Lewis Libby's and Karl Rove's role in the outing of a covert CIA agent. I wonder why the DoJ didn't want us to know that?

The March 2005 chart ranking Fitzgerald and other prosecutors was drawn up by Gonzales aide D. Kyle Sampson and sent to then-White House counsel Harriet Miers. The reference to Fitzgerald is in a portion of the memo that Justice has refused to turn over to Congress, officials told The Washington Post, speaking on the condition of anonymity because Fitzgerald's ranking has not been made public.

At the time, Fitzgerald was leading the independent probe into the leak of the identity of a CIA operative, which led this month to the perjury conviction of former vice presidential aide I. Lewis "Scooter" Libby. Fitzgerald, the U.S. attorney in Chicago, had also recently brought a corruption indictment in Illinois against former Republican governor George H. Ryan.

A Justice Department official yesterday sought to play down the importance of Fitzgerald's ranking, saying the chart was "put together by Sampson and is not an official department position on these U.S. attorneys."

Sampson resigned as Gonzales's chief of staff last week, and his attorney declined to comment yesterday.

Mary Jo White, who supervised Fitzgerald when she served as the U.S. attorney in Manhattan and who has criticized the firings, said ranking him as a middling prosecutor "lacks total credibility across the board."

"He is probably the best prosecutor in the nation -- certainly one of them," said White, who worked in the Clinton and Bush administrations. "It casts total doubt on the whole process. It's kind of the icing on the cake."

Fitzgerald has been widely recognized for his pursuit of criminal cases against al-Qaeda's terrorist network before the Sept. 11, 2001, attacks, and he drew up the official U.S. indictment against Osama bin Laden. He was named as special counsel in the CIA leak case in December 2003 by then-Attorney General John D. Ashcroft, who had recused himself.

Fitzgerald also won the Attorney General's Award for Distinguished Service in 2002 under Ashcroft.

Justice spokeswoman Tasia Scolinos said yesterday that "Pat Fitzgerald has a distinguished record as one of the most experienced and well-respected prosecutors at the Justice Department. His track record speaks for itself."

But Fitzgerald also came under sharp criticism from many Republicans and press advocates for his aggressive pursuit of the Libby case.

The March 2, 2005, memo from Sampson came in response to a proposal floated by Miers to remove all U.S. attorneys during Bush's second term. Fitzgerald was placed in a middle category among his peers: "No recommendation; have not distinguished themselves either positively or negatively."

Although the ranking meant Sampson was not recommending those prosecutors for removal at the time, two U.S. attorneys who received the same ranking were fired last Dec. 7: Daniel G. Bogden of Nevada and Paul K. Charlton of Arizona.

Poor Kyle Sampson. He's set up to take the fall only a week after his pretend resignation. They were going to reassign him until this whole thing blew over. A lesson to political operatives: the rise can be nosebleedingly giddy; the fall is a bitch. And a lesson to the Bush/Cheney White House: things don't blow over the way they used to.