The former deputy assistant attorney general who helped draft the 1982 Intelligence Identities Protection Act blasted Special Counsel Patrick Fitzgerald on Wednesday, saying he may be getting "creative with law" in order to justify questionable indictments.
"If you don't have a clear violation, you should not become what's called 'creative with the law,'" Toensing told ABC Radio host Sean Hannity, after noting that the statute she co-authored was never intended to apply to cases like Leakgate.
Toensing said she based her concern on a February report in the Chicago Tribune, which noted, "Probably Fitzgerald's greatest talent was finding creative ways to interpret the law."
The paper went on to quote U.S. attorney David Kelley, who the Tribune called "a close friend of Fitzgerald":
"When you'd looked at a case from every angle," Kelley said, "and you were sure you didn't have what was needed to take it forward, you could show it to Pat and he'd say, 'Have you thought about charging this?' "
Toensing said that she didn't think Kelley's comments were a compliment, telling Hannity, "I don't think you're supposed to be creative with the criminal law. I call it fitting the stepsister's foot into Cinderella's shoe."
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