No shortage of questions

Will Bush pardon Libby?

I’d be surprised if he didn’t. Between various appeals and motions, Libby’s legal team can drag this out for a while, and if the delays can go past Election Day 2008, Bush can pardon him during his lame-duck waning days and Libby will never see a prison cell.

Have White House critics been vindicated?

You better believe it. Dick Cheney’s office became, to borrow a phrase, a “criminal enterprise.” They orchestrated a smear, leaked classified information, put an undercover CIA agent at risk, lied about it, and broke the law. For an already-failed presidency, today’s verdict inches Bush a bit closer to the “worst ever” top spot.

Is Cheney next?

Two weeks ago, Patrick Fitzgerald rhetorically asked the jury, “What is this case about? Is it about something bigger?” The prosecutor pointed directly to Dick Cheney’s mysterious role in the entire fiasco. “There is a cloud over the vice president . . . And that cloud remains because this defendant obstructed justice,” Fitzgerald said. “There is a cloud over the White House. Don’t you think the FBI and the grand jury and the American people are entitled to straight answers?” Libby, Fitzgerald continued, “stole the truth from the justice system.” Asked today about the future of his investigation, Fitzgerald said it is “inactive.” Then again, Fitzgerald has proven to be coy about such matters in the past.

Are conservative complaints about the case and the verdict legit?

Media Matters has compiled a very helpful list of “baseless and false claims likely to surface in the coming days and weeks.”

It’s a valuable resource — I’ve already started to see some of these arguments pop up. Here are some of my favorites:

* No underlying crime was committed. Since a federal grand jury indicted Libby in October 2005, numerous media figures have stated that the nature of the charges against him prove that special counsel Patrick J. Fitzgerald’s investigation of the CIA leak case found that no underlying crime had been committed. But this assertion ignores Fitzgerald’s explanation that Libby’s obstructions prevented him — and the grand jury — from determining whether the alleged leak violated federal law.

There was no concerted White House effort to smear Wilson. In his October 2005 press conference announcing Libby’s indictment, Fitzgerald alleged that, in 2003, “multiple people in the White House” engaged in a “concerted action” to “discredit, punish, or seek revenge against” former ambassador Joseph C. Wilson IV. In August 2006, it came to light that then-deputy secretary of State Richard Armitage was the original source for syndicated columnist Robert D. Novak’s July 14, 2003, column exposing CIA operative Valerie Plame’s identity. Numerous conservative media figures subsequently claimed that this revelation disproved the notion of a “concerted” White House effort to smear Wilson. But to the contrary, David Corn — Washington editor of The Nation and co-author of Hubris (Crown, 2006) the book that revealed Armitage’s role in the leak — noted on his Nation weblog that Armitage “abetted a White House campaign under way to undermine Wilson” and that whether he deliberately leaked Plame’s identity, “the public role is without question: senior White House aides wanted to use Valerie Wilson’s CIA employment against her husband.”

Libby was not responsible for the leak of Plame’s identity. Some in the media have suggested that because Libby did not discuss former CIA operative Valerie Plame’s identity with Novak — the first journalist to report she worked at the CIA — he is not technically responsible for the leak. But such claims ignore the fact that Libby discussed Plame’s CIA employment with then-New York Times reporter Judith Miller on several occasions prior to the publication of Novak’s column naming Plame as a CIA operative.

Libby’s leak was an effort to set the record straight. Critics of the CIA leak case have repeatedly claimed that the indictment stems from an effort by Libby and Vice President Dick Cheney to rebut a purportedly inaccurate attack on the administration by Wilson. According to these critics, Wilson falsely accused Cheney of having sent him to Niger to investigate reports that Iraq had attempted to purchase yellowcake uranium from the African country. In fact, Wilson, in his July 6, 2003, New York Times op-ed, did not say he was sent by Cheney. Rather, Wilson wrote that it was “agency officials” from the CIA who “asked if I would travel to Niger” and “check out” a “particular intelligence report” that “Cheney’s office had questions about,” so that CIA officials “could provide a response to the vice president’s office.”

There is no evidence that the Plame leak compromised national security. Some media figures critical of the CIA leak case have attempted to downplay its significance by claiming that no evidence exists that the public disclosure of Plame’s identity compromised national security. In fact, news reports have indicated that the CIA believed the damage caused by the leak “was serious enough to warrant an investigation” and that the subsequent disclosure of Plame’s CIA front company likely put other agents’ work at risk. Further, Fitzgerald stated that Plame’s identity had been protected by the CIA “not just for the officer, but for the nation’s security.” And in their recently published book, Hubris, Corn and Newsweek investigative correspondent Michael Isikoff reported that, at the time of the leak, Plame was the chief of operations for the CIA’s Joint Task Force on Iraq, which “mount[ed] espionage operations to gather information on the WMD programs Iraq might have.”

Stay tuned.

I still feel that Fitzgerald will not pursue Cheney, but instead, that at this trial he intentionally put all the pieces in place and up on the table for Congress to pursue Cheney through impeachment, if only Congress has the fortitude to do so. It is one thing for Fitz to go after Libby, but another to go after Cheney–his job clearly would have been targeted or would be targeted (and as the parallel story of the day shows, this sadministration would not hesitate to terminate the man). Congress, the ball is in your court.

  • I don’t think Bush will bother to wait until ’08 for a pardon — I think he believes (and he’s right) that the people who’d howl are people who’ve already rejected him, whereas everyone else is either a loyalist or confused/bored by the whole story.

  • According to the AP:

    Special Prosecutor Patrick Fitzgerald, who has led the leak investigation, said no additional charges would be filed. That means nobody will be charged with the leak and Libby, who was not the source for the original column outing Plame, will be the only one to face trial.

    http://news.yahoo.com/s/ap/cia_leak_trial;_ylt=Ant4sfi60q57_QVNgatNJKSs0NUE

    Cheney, Rove, whoever was responsible for the leak will ultimately go free. Libby will be pardoned because he made it about him and lying instead of about national security and leaking. He did his job.

    I’m glad he was convicted, but sorry to see that justice will not be served.

  • Dubya will probably wait unless it looks like the appeals process won’t drag it out past November 2008 then, as one pundit said, his popularity is already so low, how much more could he possibly lose by pardoning him?

    Unless Scooter really fears jail time, he’ll never flip on Darth Cheney. Fitzgerald may dream of that, but Libby has fallen on his sword too long to suddenly turn on him.

  • with regard to wingnut excuses …..

    All you need to know is that 2 of the 3 top advisors to Shrub have been convicted of crimes or plead out.

    Libby was a top foriegn affairs advisor to Shrub (as well as being VP CoS) and Claude Allen was the top domestic advisor to Shrub.

    The top political advisor, Rove, has been under criminal investigation, but has not been indicted …….yet anyway.

    This is not a good record for folks who came to Washington to change the tone and restore honor and integrity to the whitehouse, as well as set new ethical standards.

    I guess they did set new ethical standards………..abysmally low standards. And I am still waiting for Shrub to start getting around to trying to honor that “restore honor and integrity to the whitehouse” pledge. He’s got 23 month maybe he’ll give it a try.

  • Congress should be DEMANDING Rove’s firing, now that his role in the matter has been proven. Bush promised to fire the leakers, so let’s see it.

  • There is no question from the evidence that Libby was acting directly from Cheney’s orders. I am at a lost to predict what happens next as there are several possibilities: more Fitz GJ action, civil case, Bush pardon, or Congressional investigation. I would urge Congress to begin investigations at once assuming there would be no adverse impact to any further action by Fitzgerald.

    Congressional investigations into the illegal actions by the executive branch which lied our country into an Iraq war need to be undertaken in order to be assured that we do not make the same mistake with Iran. Given that it is the duty of the Congress to declare war, it is paramount that all of the lies and mistakes made leading to Iraq be exposed.

  • Response to 3:

    doubtful is quite right about half of what Fitzgerald said but he left off the other half: he added, rather pointedly I thought, that his door was always open if Libby “has something he wants to tell me”.

    It seems clear that he meant what he said about Scooter’s obstruction of justice making it impossible to pursue a prosecution of Rove or Cheney. He needs Libby to turn state’s evidence. If Bush in fact dumps him – which imo is just as likely as a pardon – Libby might roll over for a lighter sentence. I don’t think Fitz is counting on that, maybe just hoping.

  • Libby might roll over for a lighter sentence. -mick

    That might be possible if the people Libby might implicate didn’t have more control over his sentence than any judge or prosecutor in the country.

    Libby knows his jail time would be, at most, less than two years in Club Fed.

    What possible reason would he have to turn on the Administration?

  • Racerx (Re #6)
    Although I agree with you about Rove needing to be purged, I disagree that Congress should be demanding that.
    Instead, i think that they should investigate Rove’s security clearance, and whether he has violated the security agreement all White House aides must sign.
    Documentable avenues are the best to traverse. Bush’s word is as good as his competence.

  • “Congress, the ball is in your court.” bubba @#1

    perhaps a congress interested in impeachment might find a conveniently out of work special prosecutor, who just happens to have a tremendous amount of dirt in his possession on a certain vice president?

  • “For an already-failed presidency, today’s verdict inches Bush a bit closer to the ‘worst ever’ top spot.” – CB

    I don’t take such a conservative viewpoint on that suggestion. Bush has that nailed pretty tight. Worst leader in the history of the world? That might still be a horse race Bush hasn’t won yet.

  • Is there a winnable case against Cheney and Bush? If there is, we had better go after them hard. I’ve been averse to this approach, but I think if we don’t expose, on the big stage, the true magnitude of this administrations guilt, it will only be known in the history books, years from now. I’m not sure the country can afford to wait. Or is the possibility of war with Iran being used to intimidate those in a position to do anything about BushReich’s culpability?

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