TPM:
The papers take a look at John Durham, the prosecutor Attorney General Michael Mukasey tapped to investigate whether anyone broke any laws by keeping secret and then destroying the CIA's torture tapes, and find that even if he doesn't have the same independence as Patrick Fitzgerald, he's made from the same stuff.
"Think of him as the second coming of Patrick Fitzgerald," said Jeffrey Meyer, a professor at Quinnipiac University law school in Hamden, Conn., who worked alongside Durham as a federal prosecutor for many years. "So far as I could tell, he does not have a political bone in his body. He is nothing but thorough and dogged in the way he pursues cases."
Four friends said they could not recall him losing a case in more than 30 years as a prosecutor, almost all of it spent fighting organized crime and gang violence in Connecticut....
"He's Fitzgerald with a sense of humor," said Hugh O'Keefe, a Connecticut criminal defense lawyer who has known Durham for 20 years.
I think there is too much hype into Durham and his 30 years resume in the Justice Dept. to compare him to Special Counsel Patrick Fitzgerald. And yes, Durham has an impressive resume but he hasn't showed what he is worth and integrity in the torture tape probe. It is too early in this stage to judge what he will do inthis investigation. The media tends to forget that Mukasey didn't appoint Durham as a Special Prosecutor unlike Fitzgerald. Durham doesn't go through the pain stricken questioning and confirmation by the Senate. In other words, Durham's investigation will be controlled within the DOJ. One thing to point out is that Fitzgerald had a lot more freedom and decision making giving by his former boss, James Comey in the CIA Leak case. Mukasey never hinted that he was allowing that for Durham in that such case. Here was the letter from Comey to Fitzgerald:
February 6, 2004
The Honorable Patrick J. Fitzgerald
The Honorable Patrick J. Fitzgerald
United States Attorney Northern District of Illinois
219 S. Dearborn Street Chicago, Illinois 60604
Dear Patrick:
At your request, I am writing to clarify that my December 30, 2003, delegation to you of "all the authority of the Attorney General with respect to the Department's investigation into the alleged unauthorized disclosure of a CIA employee's identity" is plenary and includes the authority to investigate and prosecute violations of any federal criminal laws related to the underlying alleged unauthorized disclosure, as well as federal crimes committed in the course of, and with intent to interfere with, your investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; to conduct appeals arising out of the matter being investigated and/or prosecuted; and to pursue administrative remedies and civil sanctions (such as civil contempt) that are within the Attorney General's authority to impose or pursue. Further, my conferral on you of the title of "Special Counsel" in this matter should not be misunderstood to suggest that your position and authorities are defined and limited by 28 CFR Part 600.
Sincerely,
/s/ James B. Comey
James B. Comey
Acting Attorney General
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