Scooter Libby’s Indictment
I have painstakingly gone through most of Count One - Obstruction of Justice. While I’ve read the entire document, and am cognizant of the end in this drama, I have not studied each sentence in the other sections.
Based upon what I have read, it looks like Fitzgerald has done well (i) building his case, (ii) establishing a motive - more so than probably legally necessary, and (iii) paving a very good path for the future if he needs it. It is crystal clear what Libby knew, when he knew it, what he did, and why he did it. Now he just has to prove it.
I am not a lawyer - I cannot pass a professional opinion, but I have many years of experience dealing with legal, contractual, matters. At this point, I believe Fitzgerald is putting a ton of weight into motive; motive for a much larger picture. While Fitzgerald may not have all the evidence he needs to convict Libby and others for greater crimes, he definitely establishes the basis for what motivated Libby to lie and and expand that to obstruction.
Reading the indictment is like reading a novel or a script. This scandalous, corrupt, covert, agency-vs-agency drama is what comes out of Hollywood. It is a shame and disgrace that this originated from the White House.
That’s enough Op-Ed stuff for now…to some specific points of interest. These are bigger picture points; there are too many spy-vs-spy items to go through here.
It is abundantly clear that Libby was playing dirty pool. I caught a little news on TV today, and this cock and bull defense built on "memory loss" is going to make Libby look like a bigger liar than what is alleged in the indictment. His lawyer can’t put him on the witness stand. If he testifies, "My Cousin Vinny" would turn him inside out; God help him if Fitzgerald gets a shot at him.
This is all speculation on my part - my own opinions and beliefs. Nothing is intended to persuade the opinions of others and no accusations are made and should not be assumed.
Obstruction Section, Paragraph 5
On or about June 9, 2003, a number of classified documents from the CIA were faxed to the Office of the Vice President to the personal attention of LIBBY and another person in the Office of the Vice President. The faxed documents, which were marked as classified, discussed, among other things, Wilson and his trip to Niger, but did not mention Wilson by name. After receiving these documents, LIBBY and one or more other persons in the Office of the Vice President handwrote [sic] the names “Wilson” and “Joe Wilson” on the documents. [Emphasis added.]
If not for the sanctity of the White House, where classified information can be discussed, complicity could be argued. It looks like this is where somebody, a senior White House official of long standing with a lot of publicity lately, probably flipped and removed themselves from the vice grip of Fitzgerald. And, there is the understood by default question - why was Joe Wilson being discussed and at this particular point in time?
Obstruction Section, Paragraph 13
Shortly after publication of the article in The New Republic, LIBBY spoke by telephone with his then Principal Deputy and discussed the article. That official asked LIBBY whether information about Wilson’s trip could be shared with the press to rebut the allegations that the Vice President had sent Wilson. LIBBY responded that there would be complications at the CIA in disclosing that information publicly, and that he could not discuss the matter on a non-secure telephone line. [Emphasis added.]
First emphasised point - who called whom? The second emphasised point - could one interpret that to be let me get off this phone and we’ll talk? If there was no intention to carry the conversation further, inclusive of classified information, why even mention the necessity of a non-secure line? Put me in that role and I would have said, "I cannot discuss that." End of conversation. Discussing classified information with a reporter - that doesn’t seem to fall into compliance with Title 18, Section 793.
Obstruction Section, Paragraph 14
On or about June 23, 2003, LIBBY met with New York Times reporter Judith Miller. During this meeting LIBBY was critical of the CIA, and disparaged what he termed “selective leaking” by the CIA concerning intelligence matters. In discussing the CIA’s handling of Wilson’s trip to Niger, LIBBY informed her that Wilson’s wife might work at a bureau of the CIA. [Emphasis added.]
I’m sure everybody is aware of this item, but if not, the second count of talking over the table.
There’s one thing that is not clear to me…what level of classification does the White House Press Secretary have (if any)?
More later…
