Ah-ha! The Plame affair inches forward (or backward)

The Plame affair.

Attorney General John Ashcroft on Tuesday recused himself from the politically sensitive investigation of who leaked the name of a CIA operative. The Justice Department quickly named a special prosecutor to take over the investigation.

The announcement was made by James Comey, the department's new No. 2 official, at the Justice Department. The U.S. attorney in Chicago, Patrick J. Fitzgerald, will take over the investigation and report to Comey.

...Comey said he had a simple mandate for Fitzgerald: "Follow the facts wherever they lead and do the right thing all of the time."  article

Do the right thing. There's a simple rule to follow. Case closed.

How about do the legal thing? Nope. Do the right thing.

...[Plame's husband Joseph] Wilson said he had no idea why Ashcroft chose to recuse himself now. He speculated that Ashcroft, who has long ties to members of the president's staff, simply wanted to make sure that any findings at the end of the investigation are not tainted by even the suspicion of conflict of interest.

Here's some background on possible reasons for recusal. Not to mention, the timing factor and Ashcroft's ties to Karl Rove.

October:

John Ashcroft came under increasing pressure Thursday to recuse himself from the CIA leak investigation, with one senior Republican senator saying the attorney general should consider doing so.

Asked whether White House political aide Karl Rove's history as a political advisor to Ashcroft during his gubernatorial and Senate campaigns were grounds for the attorney general to step away from the case, Sen. Arlen Specter said, "Recusal is something Ashcroft ought to consider."

...Sen. Charles Schumer, a New York Democrat who has led his party's charge on the leaks, said Ashcroft should recuse himself immediately.

...Schumer's press secretary said Justice Department rules hold that a federal prosecutor cannot issue subpoenas of news media phone records without the express written consent of the attorney general. Since media phone records may end up being subpoenaed, Schumer believes Ashcroft should step aside.

Hmmm...why would Ashcroft be reluctant to subpoena media phone records?

Now, here's a little something to add to that Specter information...

"So much is riding on Republican unity that CNN caused a brief flurry ... by reporting that Senator Arlen Specter, Republican of Pennsylvania, had called on Mr. Ashcroft to recuse himself." ("DEBATING A LEAK: THE INVESTIGATION; Democrats Want Ashcroft Out of Inquiry," The New York Times, October 3, 2003)

Specter told CNN on October 2, 2003: "Recusal is something Ashcroft ought to consider. ... I don't know what he knows. But I think it is something he should consider." ("GOP senator: Ashcroft should consider recusal on leak probe," CNN.com, October 2, 2003 Thursday)

Specter also told CNN: "Whoever did it ought to go to jail. I think a law was broken and I think there has to be a tough penalty when we apprehend the perpetrator." ("Lawmakers say White House leak 'perpetrator' should be jailed," Agence France Presse, October 5, 2003)

"After a call from the White House, Specter issues a disclaimer, saying he had been misquoted. What he meant to say was that Ashcroft should refuse to let himself be intimidated." ("COMMENTARY - White House gears up for a great show," Press & Sun-Bulletin (Binghamton, NY), October 8, 2003, Pg. 8A)   article

The old "what I meant to say" business.

At any rate, Ashcroft has recused himself. Perhaps we will eventually know why. But I would advise against holding your breath.

....but hey, do what you want....you will anyway.