Letter of Deputy Attorney General clarifying powers of Special Counsel

by James B. Comey

Office of the Deputy Attorney General
Washington, D.C. 20530

February 6, 2004

The Honorable Patrick J. Fitzgerald
United States Attorney
219 S. Dearborn Street Chicago, IL 60604

Dear Patrick:

At your request, I am writing to clarify that my December 30, 2003, delegation to you of "all the authority of the Attorney General with respect to the Department's investigation into the alleged unauthorized disclosure of a CIA employee's identity" is plenary and includes the authority to investigate and prosecute violations of any federal criminal laws related to the underlying alleged unauthorized disclosure, as well as federal crimes committed in the course of, and with intent to interfere with, your investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; to conduct appeals arising out of the matter being investigated and/or prosecuted; and to pursue administrative remedies and civil sanctions (such as civil contempt) that are within the Attorney General's authority to impose or pursue. Further, my conferral on you of the title of "Special Counsel" in this matter should not be misunderstood to suggest that your position and authorities are defined and limited by 28 CFR Part 600.

Sincerely,

/s/ James B. Comey
James B. Comey
Acting Attorney General