Judge Probed Patrick Fitzgerald for Misconduct

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A federal judge in Chicago accused Leakgate Special Counsel Patrick Fitzgerald of prosecutorial misconduct earlier this year and launched an investigation into what he said a misuse of grand jury materials - before Fitzgerald had the probe shut down by a higher court.

In January 2005, U.S. District Judge James F. Holderman accused Fitzgerald's U.S. Attorney's office in Chicago of turning grand jury materials over to a plaintiff's lawyer in a hospital-fraud case, the Associated Press reported at the time.

In addition to threatening to hold one of Fitzgerald's prosecutors in criminal contempt of court, Judge Holderman ordered a misconduct investigation of Fitzgerald and three of his assistants by the Justice Department's Office of Professional Responsibility, according to the Chicago Tribune.

The federal judge asked that Fitzgerald be investigated for "misstating the law and other offenses" by the OPR, the arm of the Justice Department that investigates allegations of wrongdoing by prosecutors.

Fitzgerald took the case to the 7th Circuit Court of Appeals and argued that his office had done nothing illegal.
A three judge panel agreed, ruling that Judge Holderman didn't have jurisdiction to launch a probe of a U.S. attorney.

According to the AP, however, Fitzgerald did acknowledged that his prosecutor should have notified defense attorneys before turning over confidential grand jury materials to the plaintiff's side in the hospital fraud case.

It's not clear whether the Justice Department took any action against Fitzgerald based on Judge Holderman's complaint.