Fitz says no to testifying for Waxman

Special Prosecutor Patrick Fitzgerald has turned down requests from the House Oversight and Government Reform Committee to testify on the Valerie Plame leak case. Fitzgerald said he did "not believe it would be appropriate for me to offer opinions...about the ultimate responsibility of senior White House officials for the disclosure of Ms. Wilson's identity."

Waxman knew that Fitz would not testify. After all, this is simply voluntary for Fitz. Waxman is smart man to know that he doesn't need Fitzgerald to testify since all the CIA Investigation case filings are public. And now that former Senator Peter Fitzgerald squeal on the Rove's involvement in not wanting Fitz appointed as U.S. Attorney, Waxman knows that Fitz is under scrunity under the DOJ because of the Libby case. But, of course, Fitz can sing like a bird if he was no longer on the government's payroll and under the government's rules and conduct...

Update:

Here is Fitz's letter to Waxman.

From FDL:

The first are the restrictions placed upon US Attorneys when they are asked to give testimony or briefings to Congress. They are required to get their testimony pre-approved, usually by the Counsel to the Executive Director of the Office of US Attorneys (CTD = Counsel to Director).

This is a relevant excerpt from the US Attorney's Manual:

1-8.030 Reference of Other Requests to CTD

All other Congressional requests for information or assistance should be immediately referred to CTD either by contacting CTD or politely informing the requestor that you are required to refer all such inquiries to CTD and providing them with information on how to contact CTD by phone, mail or fax.

Examples of requests that should be referred to CTD include but are not limited to requests for non-public documents or information, discussion of or briefings on case status (other than as set out in 1-8.020), attendance at settlement conferences, specific suggestions on case disposition or other treatment, discussion of or requests for information on problems under existing law or suggestions for changes in existing law, requests for interviews, statements or appearances to or before Congressional, members, staff and committees. Follow this standard in both open and closed cases and never provide information on pending investigations, closed investigations that did not become public, that involves Grand Jury, tax or other restricted information, that would reveal the identity of confidential informants, sensitive investigative techniques, deliberative process or the exercise of prosecutorial discretion, or the identity of individuals who may have been investigated but not indicted, without consulting CTD and obtaining authorization from the proper Department authorities. Any Congressional request that involves Privacy Act considerations should also be referred to CTD as special rules apply to Congress in this area.