When
the first memos were exposed, Democrats had no choice but to create
the diversion that the memos were "stolen," just as drug
dealers scream illegal search and seizure...
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Democrat
Memogate: Chasing
the Red Herring
U.S.
Senate Judiciary Committee Democrats have gotten their way. On Monday,
the Justice Department announced a criminal investigation into the
downloading and leaking of Democrat memos that discuss the strategy
and tactics of opposing President Bushs nominees to the federal
bench.
David
Kelley, Acting U.S. Attorney for the Southern District of New York,
has been asked to lead the investigation, which will center on the
actions of two former Republican Senate staffers Jason Lundell
and Manuel Miranda who have acknowledged reading the memos
but have denied leaking them as well as any wrongdoing in accessing
them.
Kelley,
who is reportedly a Democrat, is an experienced prosecutor well
regarded for his professionalism.
We
have read the report of the Senate Sergeant-at-Arms investigation.
We have read Manny Mirandas explanation of accessing the memos.
We have read analyses of computer law produced by Manny Mirandas
attorneys and others. Beyond that, we have known Manny Miranda for
some time, and not once has he said one word that we believe not
to be the truth.
In
fact, in virtually any other branch of government or in the private
sector, Manny Miranda would have been granted whistleblower status,
protected from repercussions, praised for exposing corruption. Not
in the U.S. Senate, which likes its corruption kept secret. Not
under Republican leadership, which seems wrapped around the extended
finger of Democrats. To some cynics, us at the head of the line,
getting Manny Miranda, letting the real culprits walk seems to be
one of the few bipartisan acts of an increasingly superfluous body
of bloviators.
Four
thousand seven hundred and sixty Democrat memos constitute Memogate.
Only 14 have been made public. Presumably all will now be turned
over to Prosecutor Kelley. Although the point will be argued, we
believe he will have obtained them legally, from the standpoint
of admissible evidence, should any indicate criminal wrongdoing.
Kelleys
assignment does not include searching the memos for evidence of
wrongdoing. We have argued strenuously that it should, because from
what we have seen and what has been alleged by Manny Miranda, there
is something far beyond rotten in the U.S. Senate.
When
the first memos were exposed, Democrats had no choice but to create
the diversion that the memos were "stolen," just as drug
dealers scream illegal search and seizure over the kilos of evidence
with which they are caught. Prosecutor Kelley will now investigate
the red herring tossed in front of his sights. But if he looks as
hard as he should, and we have seen no stricture prohibiting that,
he may just bag some skunks and some snakes and some slugs
a prosecutors mixed grill.
[Posted
April 29, 2004]
Update:
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April
30, 2004
Clarification
(Maybe. Hopefully.)
In
writing about the Justice Departments appointment of
Acting U.S. Attorney David Kelley to lead the Memogate investigation,
we and others reported that an investigation of the memos
content is not a specific part of Kelleys assignment.
A
Wall Street Journal editorial, published on April 30,
states, "[Kelley] is also tasked with exploring charges
of political corruption allegedly described in some of the
unpublished memos."
The
Journal cites the request to the Justice Departments
Public Integrity Section filed by a number of groups, including
the Center for Individual Freedom. (To read that letter, click
here.) The Journal then quotes a Justice Department
official: "This inquiry was referred to the Southern
District of New York as well."
We
hope the Journal is right, and, if so, this is one
instance in which we are delighted to correct our own misinformation.
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