It is often joked that a overly zealous prosecutor could get a grand jury to indict a ham sandwich. The New York Times is reporting that Scooter Libby is about to be indicted for making false statements during an investigation. Isn’t it illegal, first of all, for anyone to be leaking information in this matter? More importantly, if this report is indeed accurate---Special Prosecutor Patrick Fitzgerald is almost certainly persecuting the innocent. Common sense dictates that Libby would never deliberately deceive investigators. He simply had no reason to do so. No crime was initially committed and therefore it would not behoove him to lie about anything. Nevertheless, no one possesses a perfect memory. We know, for instance, that police officers often get different versions of the same car accident from the interviewed witnesses. No, the odds are overwhelmingly high that Libby is in trouble merely for not having a memory as accurate as a tape recorder. This means that virtually none of us are safe if a prosecutor is intent in making our lives miserable. In a few hours, it may be Libby who is unjustly indicted. Tomorrow, it could be our turn.