Nothing is capable of undermining American democracy more than its legal system. Amid the plea bargains, perp walks and 95 per cent conviction ratings for some crimes, one feature of the system stands out as particularly rank — the role of ‘special prosecutor’. A new piece of evidence relating to a high-profile conviction eight years ago provides a perfect demonstration.
The case relates to a legal dispute spanning President George W. Bush’s period in office. In late 2003 the situation in post-war Iraq had already begun to go horribly wrong. In the US, many who had eagerly supported the invasion and warned of the risks of WMD were flaking away and seeking scapegoats. In the ‘Plame affair’, the perfect outlet seemed to have been provided.
The case revolved around the ‘outing’ of a CIA officer, Valerie Plame. Her husband, the former US ambassador Joe Wilson, had been sent to Africa to inquire into claims by British intelligence that Saddam Hussein had been trying to buy uranium. There was a dispute over the findings and their use and Wilson publicly turned on the administration. For this reason, it was alleged, someone in the administration vengefully ‘outed’ his wife as an agent of the CIA. The case always involved too much detail, and too many egos, personalities and ambitions, to be remotely straightforward. But as the situation in Iraq deteriorated it seemed to many to provide the most promising legal stick with which to beat the administration.
In order to find the leak, one Patrick Fitzgerald was appointed special prosecutor. It is a position from which major careers can be made, and so appointees tend to view anything from oral sex to an off-record conversation as a Watergate scandal in waiting.
Comments
Join the debate for just £1 a month
Be part of the conversation with other Spectator readers by getting your first three months for £3.
UNLOCK ACCESS Just £1 a monthAlready a subscriber? Log in