Former Independent Counsel Joseph diGenova said Wednesday that new information that in the Leakgate case has cast so much doubt on the credibility of Special Counsel Patrick Fitzgerald's prosecution that Justice Department guidelines require him to dismiss his indictment of Lewis "Scooter" Libby.
Commenting on Washington Post reporter Bob Woodward's admission Tuesday that he was the first reporter to learn of Valerie Plame's identity from the White House - and not Libby, as alleged in Fitzgerald's indictment - diGenova told Fox News Channel's Brit Hume:
"Under Justice Department guidelines, when [Fitzgerald] has reason to believe that some fact that he has relied on is false, such as Mr. Libby being the first person to tell a reporter, he has a duty to go back and if necessary, if that creates reasonable doubt about other things in the indictment he must dismiss it."
Attorney diGenova warned:
"That duty is upon [Fitzgerald] at this very moment and I hope he is going to be as honest about it as he pretends to have been about the underpinnings of the indictment."
The former independent counsel blasted Fitzgerald for what he said was unprofessional conduct during his post-indictment press conference.
"I believe that that news conference was a disgrace," diGenova told Fox.
"That news conference was an overly aggressive attempt to present the public with a false picture of what this case was about and by making a terrible mistake make now, apparently, about whether or not Mr. Libby was the first person, he has to go back and recalibrate all the evidence in this case. He has an immense duty to do that, and he better do it."
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