Special Prosecutor Fitz-Magoo is facing a wall of problems has his case against Scooter Libby crumbles – at times thanks to his liberal propaganda allies. I started and then tossed a post on the news Fitz-Magoo knew Novak’s sources two months into his investigation. What I should have done is checked the timeline before tossing the post. Clarice Feldman picks up where I dropped the ball in her second installment of The Potemkin Prosecution. A must read.

What I missed was the fact that Fitzgerald knew Libby was not the first source, and had to scrounge to find anyone who might predate his source. Sad to say for Libby, the fumbling, bumbling Fitz-Magoo didn’t realize his protected source did not mention his earlier discussions with Bob Woodward. So Fitz-Magoo clearly went out to pin something on Libby, when he knew the focus of the investigation charged to his keep was in hand. Apparently he did not like the answer to who leaked Plame’s name (Wilson) and position (Armitage).

We did post on how Fitzgerald was scrambling to claim he is not a loose canon without oversight – but Clarice does a much better job of dissecting Fitzgerald’s latest claim to ESP and mind reading to convey his actions to his superiors.

Finally, Fitzgerald had requested much of his arguments regarding classified material requested by Libby be secret and kept from the defense. I get the feeling the judge who has been working with Fitz-Magoo realizes he was had and Fitz-Magoo’s unexcusable abuses could start reflecting on him as well. Why? The judge is beginning to put Fitz-Magoo back in his place in no so uncertain terms:

In trying to scale back the amount of information they have to turn over to Libby, prosecutors said they should be allowed to argue their case in secret, out of the presence of the defendant and his lawyers, a request that U.S. District Judge Reggie Walton rejected.

“It is inappropriate and in fact unnecessary for the government to argue questions of materiality” without letting Libby’s legal team know what the arguments are, Walton wrote.

Folks, this is law school 101. And the use of the word inappropriate (emphasis mine) conveys a lot of important weight. The judge literally told Fitz-Magoo he was acting outside the boundaries of professional ethics. For example, it is ‘inappropriate’ to give false testimony.