I was glad to see Cindi Scoppe’s column Sunday, in which she spelled out more clearly what I thought I knew about the Wilson/Pascoe contretemps: That as hard as it might be for the casual observer to see (particularly given Wilson’s emotional presser), the attorney general seems to be on the right side of the law in this.
As Cindi wrote:
There are three major issues here: Did Mr. Pascoe have the legal authority to initiate a State Grand Jury investigation, or did he need Mr. Wilson’s authorization? Did Mr. Wilson have the legal authority to remove Mr. Pascoe from the case? And was Mr. Wilson justified in removing Mr. Pascoe? That last question is entirely different from whether it was legal…
And as you find from reading the rest of her piece, her answers are:
- No, Pascoe did not have that authority; Wilson has to sign off on a State Grand Jury initiation. The law doesn’t allow the AG to delegate that, however he may recuse himself from any other involvement in a case.
- Yes, of course Wilson has the authority to remove Pascoe and assign someone else. The attorney general is the boss of the solicitors. As Cindi notes, “recusal is a voluntary thing, left entirely to the discretion of the prosecutor. In fact, when judges recuse themselves, it’s not uncommon for them to later unrecuse themselves.” When it comes to appointing and firing special prosecutors, recusal is neither here nor there; it does not vacate the AG’s constitutional authority.
- Finally, on the judgment call of removing Pascoe, Cindi is less certain — but she doesn’t doubt the purity of Wilson’s intentions: “In his mind, he had to remove Mr. Pascoe — not to stymie the investigation but to salvage it. I’m not certain that was necessary, but I believe that he believed it was.”
Personally, on that last point, it seems that Pascoe’s insubordination demanded his removal — if Wilson’s account is accurate. That is, if Pascoe did indeed refuse to meet with the AG’s office to get proper authorization for a State Grand Jury investigation, choosing instead to launch an attack on the attorney general.
But then, we’ve yet to hear Pascoe’s defense of his actions on Good Friday…