Saturday, October 29, 2005

Libby Indicted, Resigns

What a day. Where to begin? Well here's where we stand...

Scooter Libby has been indicted on five counts- obstruction of justice, 2 counts of perjury, and 2 counts of making false statements. You can read the document here: United States of America v. I. Lewis Libby. He is the first high-ranking White House official since the Grant administration to be criminally charged while still in office. Special Prosecutor Patrick Fitzgerald held an incredibly detailed press conference to announce this in which he spelled out the timeline of Libby's crimes, confirmed that Valerie Plame WAS an undercover CIA operative at the time of her identity's leak, and said that while Vice President Cheney did speak to Libby about Plame that the VP isn't considered to have behaved illegally at this time (see video footage here).

Not surprisingly, Libby has resigned.

Karl Rove has not been indicted, though sources (such as the Washington Post) report Fitzgerald planned to indict him, save for last-minute deal-making by Rove's attorneys. Rove will remain under investigation. The report also made reference to a senior White House official- Official 'A' - who was likely the original source of the leak to reporter Robert Novak. This person's identity remains unknown and Fitzgerald did not comment on it, as it didn't relate to the indictment specifically. The big rumor is that it may be Rove and many sources are discussing that. An indictment for Rove in the near future hasn't been ruled out.

Too tired for in-depth commentary, except to say that, despite how President Nix.. err Bush wants to spin it, Libby is clearly guilty of at least what Fitzgerald is charging with. Anyone who heard Fitzgerald spell out the timeline today is kidding themselves to believe otherwise. This is also just the tip of the iceberg. We still don't know who was the original leaker (aka "Official A") and that is the real crime at hand... however, prosecuting the coverup is important too. The attention must remain on the Vice President's office, as it is clear that Cheney's role in this is more complicated that Fitzgerald cared to comment on today. Someone as smart and experienced as Libby would not so obviously lie under oath unless he was protecting someone else. And who is morely likely that he was protecting than his boss- Vice President Dick Cheney? Many have already speculated that Fitzgerald hopes to ask Libby to make a deal... ie. 'You tell me what the Vice President's real involvement was here and I won't further indict you on more serious charges which I have more than enough evidence to charge you on'. We shall see what happens, but it's clear now that Cheney's office is where the spotlight is in this investigation.

And how will the right-wing react to this? Smearing Fitzgerald will be tough, given a) his incredibly professional and non-partisan demeanor and b) the President's history of praise for his "dignified" investigation. Libby's crimes are clear and speak of a larger conspiracy. This is time for the right-wing not to defend the administration for the sake of doing so, but merely to remember that they voted for President Bush in 2000 because of his pledge to restore honor and integrity to the White House. And again in 2004, Bush said "After years of false statements and empty promises, it's time for big changes in Washington. We need a president who will finally stand up and fight against the lies and corruption. It's time to renew the faith the people once had in the White House. If elected, I pledge to usher in a new era of integrity inside the Oval Office". The right-wing, more than anyone, especially after their anti-Miers victory, should be the ones to demand that the President address this case openly and stop hiding behind the "ongoing investigation" stonewalling tactic. The actions of the White House officials being investigated here have destroyed Bush's pledge (hollow as it may have been) and make a mockery of the U.S. government, which rarely even needs help being mocked these days. Still, the Limbaughs and the Hannitys and the O'Reillys will grumble and repeat Republican talking points (as they do) and try to get their listeners to hold onto their fragile belief that while politics are corrupt, no one in the Bush administration is capable of of wrongdoing. Wake up and smell the coffee that Mr. Fitzgerald is brewing for you.

This is very serious business and I believe it has only just begun.

And now... I sleep.


Relevant articles...

The AP article:
Cheney Adviser Resigns After Indictment

Article on the Official A discussion:
'Official A' stands out in indictment

Josh Marshall (Talking Points Memo) says Cheney and Libby knew Plame was undercover:
Go to page 5 of the indictment. Top of the page, item #9...

The political fallout:
Indictment Adds to White House's Woes

2 Comments:

At 7:30 PM, Anonymous Anonymous said...

Libby DID NOT out an undercover (covert) agent. If he had, Fitzgerald would have charged that in the indictment.

In fact Mr. Fitzgerald said, in the press conference following his issuing of the indictment, that he is not making that charge:

QUESTION: Can you say whether or not you know whether Mr. Libby knew that Valerie Wilson's identity was covert and whether or not that was pivotal at all in your inability or your decision not to charge under the Intelligence Identity Protection Act?

FITZGERALD: Let me say two things. Number one, I am not speaking to whether or not Valerie Wilson was covert. And anything I say is not intended to say anything beyond this: that she was a CIA officer from January 1st, 2002, forward.

I will confirm that her association with the CIA was classified at that time through July 2003. And all I'll say is that, look, we have not made any allegation that Mr. Libby knowingly, intentionally outed a covert agent. We have not charged that. And so I'm not making that assertion.


Libby is in a lot of trouble for allegedly making false statements to both the Grand Jury and the FBI investigators. Both crimes, that if he did in fact commit (remember an indictment is not a conviction), he should and will be punished for. Being a public official doesn't make one above the law.

The real shame is that Libby could face jail time for possibly trying to cover up something that seems to not have been a crime. Again, if it was a crime to reveal Valerie Plame's name, someone would have been indicted for it.

Also, Fitzgerald was quick to squash any rumor that the VP had something to do with this:

QUESTION: Mr. Fitzgerald, do you have evidence that the vice president of the United States, one of Mr. Libby's original sources for this information, encouraged him to leak it or encouraged him to lie about leaking?

FITZGERALD: ...We make no allegation that the vice president committed any criminal act. We make no allegation that any other people who provided or discussed with Mr. Libby committed any criminal act.


And as far as I've heard on the radio and the right wing blogs, as well as the President himself, no one has tried to smear Fitzgerald...which is more than I can say about what the left and the media did to Ken Starr.

Actually Limbaugh, Hannity, Levin and the rest have not resorted to personal attacks against Fitzgerald. They've been saying that this is an allegation. There is still a presumption of innocence. Libby will have his chance to defend himself, and Fitzgerald will have to prove his case against him. If he can't, Libby walks. If he does, Libby goes to jail. That's how the system works.

We'll have to wait until all the facts are in before judgment...just like you said about Saddam. Just like Dean said about Osama.

 
At 7:54 PM, Anonymous Anonymous said...

Both the Wall Street Journal and the Washington Post agree that there is NO evdience that Libby revealed a covert agent's name:

Wall Street Journal:
"The indictment itself contains no evidence of a conspiracy, and Mr. Libby has not been accused of trying to cover up some high crime or misdemeanor by the Bush Administration. The indictment amounts to an allegation that one official lied about what he knew about an underlying "crime" that wasn't committed. … [Wilson was] a critic of the Administration who was lying to the press about the nature of his involvement in the Niger mission and about the nature of the intelligence that it produced. In other words, Mr. Libby was defending Administration policy against political attack, not committing a crime. "

Washington Post:
"The public record offers no indication that Mr. Libby or any other official deliberately exposed Ms. Plame to punish her husband, former ambassador Joseph C. Wilson IV. Rather, Mr. Libby and other officials, including Karl Rove, the White House deputy chief of staff, apparently were seeking to combat the sensational allegations of a critic. They may have believed that Ms. Plame's involvement was an important part of their story of why Mr. Wilson was sent to investigate claims that Iraq sought uranium ore from Niger, and why his subsequent -- and mostly erroneous -- allegations that the administration twisted that small part of the case against Saddam Hussein should not be credited. To criminalize such discussions between officials and reporters would run counter to the public interest."

 

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