Monday, October 31, 2005

Scandal

The problem with independent prosecutors is that, given the mount of time they have to investigate an alleged crime, more often than not they end up "creating" a crime which they then feel obligated to charge to justify their effort. This was the case not only in "Plame-gate" but also with "Whitewater". Clinton was "impeached" after being charged with perjury on an un-related matter, not for the original investigation of a real-estate fraud.
"At the end of this process the prosecutor announces that he cannot produce evidence that the conduct he has investigated constituted a crime after all. But all is not lost! Inconsistent testimony is abundant. Hence there have been crimes uncovered: perjury, false statements and obstruction of justice. Serious crimes, to be sure, but usually accompanied by underlying criminal behavior. Thus the elaborate process has been worth it: Bad guys have been unearthed. The special prosecutor can sit tall on his white horse." WSJ (subscription)

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