http://www.nytimes.com/2003/12/31/opinion/31WED1.htmlAfter an egregiously long delay, Attorney General John Ashcroft finally did the right thing yesterday when he recused himself from the investigation into who gave the name of a C.I.A. operative to the columnist Robert Novak. Mr. Ashcroft turned the inquiry over to his deputy, who quickly appointed a special counsel. There was little chance of a credible outcome for the investigation as Mr. Ashcroft had originally chosen to run it: under his personal supervision, using Justice Department lawyers whose futures are dependent on his good graces. Even the normal investigative units of the F.B.I. would have been cut out of the loop.
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There are still serious questions about the investigation, the most immediate of which is whether Mr. Comey will give Mr. Fitzgerald true operational independence. Mr. Comey must also allow Mr. Fitzgerald to use the full powers of a special counsel, including the ability to seek Congressional intervention if he finds his investigation blocked by a government official or agency.
We may never know what damage was caused by Mr. Ashcroft's delay of nearly two months in taking the proper action. Further time will now be lost as Mr. Fitzgerald gets up to speed on the investigation. In his announcement, Mr. Comey said that Mr. Ashcroft was displaying "an abundance of caution" in recusing himself from the case. But that sort of care would have mandated the appointment of a special counsel from the start. Yesterday's developments left open the possibility of what we feared all along: that Mr. Ashcroft's extremely tight political bonds with President Bush, Vice President Dick Cheney and Karl Rove, the chief White House strategist, inevitably conflicted with an investigation into whether someone at the White House, perhaps acting with institutional sanction, had revealed the name of a C.I.A. operative for political reasons.