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In 1996, Fitzgerald became the National Security Coordinator for the Office of the U.S. Attorney for the Southern District of New York. There, he served on a team of prosecutors investigating Osama bin Laden. He also served as chief counsel in prosecutions related to the 1998 U.S. embassy bombings in Kenya and Tanzania.
On October 28, 2005, Fitzgerald brought an indictment for 5 counts of false statements, perjury, and obstruction of justice against Lewis “Scooter” Libby, U.S. Vice President Dick Cheney’s Chief of Staff. Libby resigned to prepare for his legal defense. In his first press conference after announcing Libby’s indictment, Fitzgerald was asked about comments by Republicans such as Kay Bailey Hutchison, who said “I certainly hope that if there is going to be an indictment that says something happened, that it is an indictment on a crime and not some perjury technicality …” to which Fitzgerald responded, “That talking point won’t fly … The truth is the engine of our judicial system. If you compromise the truth, the whole process is lost … if we were to walk away from this, we might as well hand in our jobs.”