Bush authorized the leak, but was then out of the loop?

It’s been a few days since the Scooter [tag]Libby[/tag] bombshell revealed that the president himself authorized the [tag]leak[/tag] of [tag]classified[/tag] information as part of a political pushback. It was easy to tell that this was a difficult scandal for the [tag]Bush[/tag] [tag]White House[/tag] because they struggled to come up with a coherent explanation for the president’s conduct.

Now the Bush gang seems to have stumbled upon a new favorite argument: Bush authorized the leak, but didn’t order it.

A senior administration official confirmed for the first time on Sunday that President Bush had ordered the declassification of parts of a prewar intelligence report on Iraq in an effort to rebut critics who said the administration had exaggerated the nuclear threat posed by Saddam Hussein.

But the official said that Mr. Bush did not designate Vice President Dick Cheney’s chief of staff, I. Lewis Libby Jr., or anyone else, to release the information to reporters.

The statement by the official came after the White House had declined to confirm, for three days, Mr. Libby’s grand jury testimony that he had been told by Mr. Cheney that Mr. Bush had authorized the disclosure.

The NYT added that this line of argument suggests Bush had a “peripheral role” in the release of classified information. He engaged in a little automatic declassification, but didn’t order anyone to leak materials to the media. The Times said this new argument characterizes Bush as “uninformed” about the leak scheme, including the fact an effort was underway to “dispatch Mr. Libby to discuss the estimate with reporters.”

The implication of the article is that this is all Cheney’s fault. Libby got the go-ahead from the VP on leaking, Libby initially balked, and Cheney told him it was all kosher because Bush gave the green light. Under this scenario, however, Bush was out of the loop — he declassified Iraq intelligence, but had no idea his VP and top aides would run around leaking the information.

At a minimum, I give the White House bonus points for creativity.

In related news, in case you missed it yesterday, the New York Times also reported that the Iraq-related intelligence that the White House was leaking before the war was, of course, wrong — and the Bush gang knew it. For example, the article notes that Cheney authorized Libby to tell reporters that “a key judgment of the N.I.E. held that Iraq was ‘vigorously trying to procure’ uranium.” It was not one of the “key judgments” of the document, as Cheney and Libby were well aware.

In other words, they were [tag]lying[/tag]. I’m sure this comes as a huge shock … to absolutely no one.

This should be no surprise but the story makes no sense. If Bush declassified the document with a wave of his hand, then he must have intended that the content be released in some fashion, otherwise it would have been a pointless exercise. The press corp must ask Stonewall Scottie how Bush intended for the material to be released.

  • This works fine for me.
    First, we get Cheney to resign so that he doesn’t become President when we impeach Chimpy.

  • I wish I could remember who it was, but I was running around getting ready this morning with the TV on and heard someone argue that the release was not a big deal because by that time the information was “historical” and therefore not of national security importance.

    Surely someone will confront these ninnies with the question of why, then, they are aggressively re-classifying information some of which has been public for decades and how they can possibly square that activity with their leak excuse du jour?

  • The issue is that is very important but is gettinng no play is that since Cheney and Bush KNEW the source of the leaks – i.e. – themselves – they may be guilty of impeding a grand jury investigation by not coming forward with what they knew. Did Fitz interview Bush or Cheney?

  • They expect us to believe that Bush didn’t know what he was doing when he declassified this particular piece of information?

    Maybe they’re right so far the press and the elected Democrats are concerned.

  • “What sluggards, what cowards have I brought up in my court, who care nothing for their allegiance to their lord. Who will rid me of this meddlesome priest?”–Henry II

  • They expect us to believe that Bush didn’t know what he was doing when he declassified this particular piece of information?

    Sure, Bush was just doing what he was told. What else is new?

  • It seems to me that if we cannot pinpoint the responsible party we had better clean house just in case. Someone, Bush, Cheney, ???, leaked or declassified, or authorized but we cannot be sure who. Roll out the Avian Flu defence plan and slaughter the whole flock. It depends what the definition of “IS” is.

    Hopefully they have enough rope to hang themselves.

    I agree with Michael. Isn’t this obstruction of justice? What will the defence be for that? Bush is the top law enforcement official and therefore cannot interfere with an investigation because ultimately he is in charge of it?

  • OK – why is the press accepting anonymous sourcing for the White House position’s on this matter? Can anyone give me a legitimate reason? The reporter should demand it be on the record.

  • The real issue is how casually and recklessly they use intel – not that’s there’s anything new about that. Near as I can tell, Bush authorized Cheney to declassify anything that struck his fancy. Bush himself didn’t care.
    The argument is getting stretched pretty thin. Bush has the authority to declassify anything he likes, but didn’t do it.
    Can Bush deputize Dead Eye Dick to declassify National Security documents at will?

  • Absolute insanity. It just gets worse by the day.
    The top ten students in any fifth grade class in America would rip their reasoning
    to shreds.
    LFB’s

  • Micheal, we should take care not to conflate outing of Plame, which is under investigation, with the leak of the NIE, which is not under investigation. Bush and Cheney have sort of owned up to a self serving leak of parts of the NIE. While one might be able to construct a plausible argument that they also had roles in the outing of Plame, neither has owned up to that.

    The Fitzgerald investigation is about the outing not the leak. The reason Fitzgerald released the information concerning Bush’s role in leaking the NIE is that the Libby defense is based on the idea that he was a busy guy and simply forgot that he had mentioned Plame’s name to reporters. Fitzgerald’s is rebutting that idea by showing that there was a concerted effort that went as high as the president to counter what they saw as Wilson’s attack on the VP and President. This information stops just short of showing that the VP and President played roles in the outing. It may however foreshadow the direction the endgame of Fitzgerald investigation.

  • Is this kind of like that episode of MASH, when Radar hoodwinked Henry Blake into authorizing two passes to Tokyo?

  • They wanted to dump Cheney, so they get him to resign over this (taking the fall for Bush AND Libby, who may well know much, much more, and be willing to spill to avoid jail showers), and then frame it as a bold move by a great VP and patriot, sacrificing himself for the greater good.

    Plus, give Bush good street cred for the pardon.

  • So Shruby just “declassifies” bits and pieces and then shoves the documents under the Oval Office door out into the hall for anyone to pick up so he can say he never designated a person to spread the information around.

    Mission accomplished.

  • rege et al.

    Fitzgerald’s charges only concern perjury. They do not involve the outing of the agent. Furthermore, the revelation of the President’s role in the leak of the NIE was done by Libby’s lawyers not Fitzgerald, so they probably reveal more about Libby’s endgame (midgame?) than that of the prosecutor.

    But Michael and others may be on to something. The actions of many of the White House staffers is hard to understand unless perhaps they were trying to protect the Pres and Veep. However, I cannot put together a scenario that makes any sense. We need to know more.

  • NeilS, from the New York Sun story on the President’s role in the selective release of the NIE.

    A former White House aide under indictment for obstructing a leak probe, I. Lewis Libby, testified to a grand jury that he gave information from a closely-guarded “National Intelligence Estimate” on Iraq to a New York Times reporter in 2003 with the specific permission of President Bush, according to a new court filing from the special prosecutor in the case.

    The court papers from the prosecutor, Patrick Fitzgerald, do not suggest that Mr. Bush violated any law or rule. However, the new disclosure could be awkward for the president because it places him, for the first time, directly in a chain of events that led to a meeting where prosecutors contend the identity of a CIA employee, Valerie Plame, was provided to a reporter.

    Also, I didn’t write in comment #12 that the indictment concerned the out of Plame;I wrote that the investigation, which is still on going, concerned the outing of Plame. I will admit that I may have been somewhat unclear in this sentence,The reason Fitzgerald released the information concerning Bush’s role in leaking the NIE is that the Libby defense is based on the idea that he was a busy guy and simply forgot that he had mentioned Plame’s name to reporters. ; given that the previous sentence refered to the outing and not the pejury. Let me amend the sentence to read:The reason Fitzgerald released the information concerning Bush’s role in leaking the NIE is that the Libby defense, against the charge of pejury, is based on the idea that he was a busy guy and simply forgot that he had mentioned Plame’s name to reporters.

  • I’ve had sometime to mull things over and I am not ready to put forward a theory. I don’t think Bush ever declassified the NIE as Libby testified.

    I think that the story about the NIE which Libby told the Grand Jury was part of an coordinated cover story intended to show that Libby took great care with things which he knew were classified. It was intended to suggest to the Grand Jury how ludicrous it was to suspect him of outing a CIA operative. I was a red herring, if you will, intended to through the hounds off of the trail.

    However, it didn’t work. Fitzgerald continued to look at Libby as a suspect and eventually got Miller to testify. This leads to the perjury charge against Libby which he now defends against with the idea that he was a busy guy. He couldn’t possibly remember something trivial such as an off the cuff remark about Plame. His defense team during discovery asked for documents from the VP’s office that will show exactly how busy he was. Many of these documents are classified and some suspect that his lawyers are engaged in graymail in order to scuttle the prosecution. Fitzgerald in arguing against turning over certain documents claims that to the contrary Libby was part of an active campaign to discredit Wilson. He uses Bush’s supposed declassification of the NIE as evidence of this.

    For the original cover story not to have blown back in Libby’s face both Cheney and Bush had to be a part of it. Let me reiterate this point. This would make Bush and Cheney part of the cover-up.

    Does Fitzgerald recognize this possibility? Did he mention the magical declassification in his recent filing as part of the cat and mouse game which is this investigation?

    In closing, note that all of the contradictions in the declassification story go away if the declassification story is one big cock-and-bull story.

  • ..I am not ready to put forward a theory
    This would hardly explain why I just put forward a theory. It should read:I am now ready to put forward a theory.

    Following along with recent confessions concerning typing, I received a D in personal typing in 10 grade. I am actually much better at typing now than I was then.

  • I find it interesting that many in this administration go “to the well” and pull out the tired and old “not in the loop” excuse. It has been everyone’s favorite excuse for the bad behavior of their department/job over the years.

  • Joe at Americablog quotes the article:
    “Moreover, the disclosure seemed intended to suggest that Mr. Bush might have played only a peripheral role in the release of the classified material and was uninformed about the specifics — like the effort to dispatch Mr. Libby to discuss the estimate with reporters.”

    And translates:
    “In general, Bush plays a peripheral role at the White House and is uninformed about specifics on any issue. That’s not news.”

    Touche, Joe!

  • Cheney: OK if I tell Libby to give this info to the press?
    Bush (watching Spongebob): “Huh? Sure, whatever….. HAHAHA!! That Plankton cracks me up!”

  • “Surely someone will confront these ninnies with the question of why, then, they are aggressively re-classifying information some of which has been public for decades and how they can possibly square that activity with their leak excuse du jour?” – Zeitgeist

    Thanks Zeit, that is one of my favorite issues.

    ‘Cheney: OK if I tell Libby to give this info to the press?
    Bush (watching Spongebob): “Huh? Sure, whatever….. HAHAHA!! That Plankton cracks me up!” ‘ – 2Manchu

    Not possible, with Spongebob’s known association with the gay community, Bush would never be allowed to watch.

    Besides, he’s my nephews’ favorite show, and thus can not be sullied in such a manner.

    Seriously, this is getting worse every day. Bush should not be magic wanding away classifications of intelligence community product. There are procedures for that. Don’t let these ass-kissing Bushies confuse the issue. The man released cherry-picked intelligence to defend his war of choice. He lied to the American people, then lied again, then lied about who did the leaking.

    Never believe these people. They have no crediability.

  • This ranks right up there with: I’ll still respect you in the morning; I’ll pull out – really, not like last time; I won’t c*m in your mouth; the check’s in the mail; I didn’t inhale; That’s talcum powder on my mustache; and, now, I declassified it, but I had no idea it would be leaked.

  • Lance,
    I would never disrespect Spongebob, that’s my daughter favorite show. When I was trying to think of a cartoon, the F.U.N. Song was playing in my head.
    Has any children’s cartoon NOT been connected to the gay community by the Jerry Falwell crowd? I think they even went after Davey and Goliath.

  • “I find it interesting that many in this administration go “to the well” and pull out the tired and old “not in the loop” excuse.” – Carrie

    I believe this is what the Bushites call “accountability”.

  • All you need to know is that you cant get a straight story from the WH as to what was going on. This is much like asking a toddler a question repeatedly and getting a different answer each time, all of them versions of some truth he or she is loath to reveal.

  • The out of the loop excuse is a good narrative and an indictment on the competencey of the POTUS. We can use their “facts” or narrative on a particular event and turn it to our favor as a question of competency.

    The game is jujitsu – Use the story the other side tells on a particular event against it as new fact emerge.

    EXAMPLES:

    Warnings issued (not just the PDB, but FAA as well) that al qaeda was determined to attack in the US maybe by hijackings – Attack occurs but not planning for an attack was his fault because he must have been out of the loop. Ex. Condi -“Nobody could have anticipated them using Airplanes as missiles.”

    terrorist attack, my pet goat and the sight seeing flight around the country on 9/11 – Not his reponsibility to coordinate the defense of the country – because he was out of the loop. Remember he was kept out of the loop because of an “anonimous call from Al Qaeda” that AF1 was a target. Because of the call, its best not to risk having POTUS come to DC so others will handle the response.

    Cooked WMD intellegence, the mushroom cloud and the decision to invade iraq – Not his fault to evaluate the “flawed” intellegence because he was out of that particular loop. Heck everybody else thought that Iraq had WMD so its OK to not read up on Curveball, Chalibi or the DOE reports or the State Dept reports or about the forged niger documents, etc. He was out of the loop and just repeated the flawed assessments or he didn’t give the public the full story.

    Not planning for the occupation of Iraq and the security needs after the fall of Bagdad – The war plan, and lack thereof, was delegated to others and so its not his fault, because he was out of that loop.

    Disbanding the Iraqi Army – Not his fault because after the “reconstruction,” not occupation, was delegation to Bremer, he was out of the loop. EX. The war plan actually called to use the Iraqi Army for security and order. Bremer decided to freelance and send the Army home. By time POTUS found out it was too late to do anything to correct this screw up. Out of the loop.

    Abu Graib, torture, etc., The President is obviously against torture, right? So someone else must have authorized it. Wonder who, oh well doesn’t matter, its not POTUS’s fault, because he was out of that loop. EX: “I do not condone torture.”

    A plane violates Captial airspace in DC, the capital is evacuated, the news shows people running around DC frantically, while the president is mountain biking in Maryland – POTUS not informed because there was no need to inform him – he was out of the loop. EX “everything was under control so we didn’t want to disturb the POTUS.”

    Planning and Response to Katrina – Not his fault because he was out of the loop. EX: “Nobody could have ever anticipated the levees would fail.”

    Someone at the Whitehouse rats out the secret identity of a Spy in a time of war to discredit a critic – Golly gee he wasn’t in that loop either so it can’t possibly be his fault.

    Spying at home, fishing for Al Qaeda by eavedropping without a warrant. Did POTUS know about this program and deliberately mislead the public into believing court orders were always required or was he out of the loop? One or the other.

    VP shoots a guy in the face and decides he does not need to inform the President or the Public – This is decision is OK because POTUS is out of the loop anyway.

    There are probably more examples – but the pattern is clear. Dishonesty or Incompetence. Use the republican narrative and its easy to show incompetence by POTUS alway being out of the loop.

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