Obstruction for What? Libby is charged with lying about a crime that wasn't committed.

Wall Street Journal.com ^ | 29 October, 2005 | unattributed

[YaYa123]

Patrick Fitzgerald's investigation took nearly two years, sent a reporter to jail, cost millions of dollars, and preoccupied some of the White House's senior officials. The fruit it has now borne is the five-count indictment of I. Lewis "Scooter" Libby, the Vice President's Chief of Staff--not for leaking the name of Valerie Plame to Robert Novak, which started this entire "scandal," but for contradictions between his testimony and the testimony of two or three reporters about what he told them, when he told them, and what words he used.

Mr. Fitzgerald would not comment yesterday on whether he had evidence for the perjury, obstruction of justice and false statement counts beyond the testimonies of Mr. Libby and three journalists. Instead, he noted that a criminal investigation into a "national security matter" of this sort hinged on "very fine distinctions," and that any attempt to obscure exactly who told what to whom and when was a serious matter.

[MNJohnnie]

Why are you so passionately defending Fritz? Sorry, he is NOT God. He made a number of significant errors. Most notably failing to have the guts to come out and say "Well there are some issues here that look odd, but they COULD be innocent mistakes and since they are not directly related to the supposed crime, which I cannot prove anything about, I will not prosecute on these peripheral side issues". I think Fritz WANTS there to be something to this an is just too arrogant to admit failure.

[counterpunch]

Were you for or against Martha Stewart? Because this is exactly why Old Martha ended up in Jail. Now, don't be a hypocrite.

Personally, I am against Martha Stewart. Not least of all because she is a bigtime Democrat fundraiser. I find her extremely distasteful as a person.

That being said, I do not -- and never did -- think she should have been prosecuted for her "crime". It was a travesty of justice. It was more than that, really. It was down right frightening what the government did to her. She was denied her most basic First Amendment Right. Her Trial was nothing short of Kafkaesque.

She had a right to declare her innocence, both privately and publicly, just as everyone accused of a crime. A person is considered innocent until proven guilty, thus when they proclaim themselves to be, it cannot be fraudulent, false, or misleading. Particularly in the case of Martha Stewart, because the government agreed she was innocent, or at least that they had no proof that she was guilty, since they never did charge her with the crime on which she proclaimed her innocence.

 

[i_dont_chat]

What a cryin' shame that Libby has been indicted for lying to the GJ, because of "contradictions between his testimony and the testimony of two or three reporters about what he told them, when he told them, and what words he used."

As far as I can tell, the reporters in questions have all stated either Libby didn't give them the name of the CIA employee in question, or else they said they didn't "think" he did, or they can't remember for sure.

The unfair treatment of our judicial system has been felt by the ordinary citizenship for years. Now apparently the elite in our government are feeling the same inequities.

It's the lawyers' fault. Our judicial system is being corrupted from within. The letter of the law is being twisted and the intent of our great system is being abused.

[Cboldt]

Fitz has clearly stated that Plame held a classified position at CIA until 2003. That's test #1 for a violation of the Intelligence Identities Protection Act.

That is one interpretation of the ambiguous statement in the indictment. The other interpretation is that her "status," be it desk-jocky, covert, or whatever, is classified information.

If she was covert under the meaning of 50 USC 421, which you say the indictment asserts (but note, the indictment offers no additional support for the assertion as you take it), then Libby is only one step from breaking the act.

Section 421. Protection of identities of certain United States undercover intelligence officers, agents, informants, and sources

(a) Disclosure of information by persons having or having had access to classified information that identifies covert agent

Whoever, having or having had authorized access to classified information that identifies a covert agent, intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent's intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than ten years, or both.

50 USC 421

The only missing element would be Libby knowing (or not) that the United States is taking affirmative measures to conceal such covert agent's intelligence relationship to the United States.

[billclintonwillrotinhell]

Why are you so passionately defending Fritz?

It just appears to me he's doing the job he was hired to do. If there's a trial and his case falls apart, I'll become his critic. But right now, it looks to me like an indictment was warranted.

[AmericaUnited]

Explain this sentence - Fitzgerald - Yesterday: "I will confirm that her association with the CIA was classified at that time through July 2003"

[frankjr]

They were probably hoping for a little quid pro quo down the line. Obviously that didn't pan out.

Actually, there are two lawyers even worse in this case...Libby's lawyer and Libby. Libby should never have been in thw legal position he is now.

[Cboldt]

If Fitz is so sure of his perjury charges than he should go with it and say Libby knew about Wilson's wife before speaking with reporters.

That is alleged in the indictment. It is a necessary fact to support the allegation that Libby lied to the GJ.

And if he truly believes that assumption is true, he could have charged Wilson with the leaking of classified information and presented his case.

The indictment does not allege that the information leaked was classified. The indictment only alleges that Libby was not truthful in his testimony to the GJ.

What if Libby just used the "My recollection is not clear" to Fitz's questions in the GJ? Then what would have Fitz done. Wrap up the case, no indictments, and call it a day?

If there was no evidence that Libby lied to the GJ, this indictment would not have come down. And Fitz would have had to find a violation of 50 USC 421 (outing covert agent) or 18 USC 793 (not likely); or quietly disband with the conclusion that he found no violation.

[NittanyLion]

My guess is that he will not look so "impressive" when he faces a team of high price lawyers.

Someone posted yesterday that his track record in Illinois is highly impressive. Something like 59 convictions in 65 cases. It certainly leads one to believe he's an effective trial attorney.

[frankjr]

I should have made it clear that my first sentence was the basis (from the indictment) for my second statement. I took the "classified" from his press conference where he said that Plame's job was classified (even though other's outside the agency knew about it, but it was just "not common knowledge").

" If there was no evidence that Libby lied to the GJ, this indictment would not have come down" We'll have to see how strong that evidence is, when (and if) we hear the other side of the case. Allegations sound strong when you only hear one side.

[Sacajaweau]

All Fitzgerald did by issuing his indictment was pass the buck. It looks good on it's face but several criminal attorneys have already more or less deemed it "bullshit".

[frankjr]

It certainly leads one to believe he's an effective trial attorney.

Not if you are one of the 6 he lost.

[RippleFire]

bump

[angkor]

If she was covert under the meaning of 50 USC 421, which you say the indictment asserts (but note, the indictment offers no additional support for the assertion as you take it)

You're confused, I never said she was "covert". In fact I've been saying quite the opposite, that she wasn't (but may be now if she's stil employed by CIA).

Furthermore (and solely as a technical matter), there will never be any further proof or validation of her "classified" status, precisely because her status is and was classified. And that's not a tautology, either: "classfied" means "classified", and not subject to public scrutiny.

You're also getting confused by reading the U.S. Code on this matter.

Two conditions drive the legal definition of "covert" status: (1) a "classified" intellegence position, irrespective of the actual job duties (e.g., your file or assignment is properly marked Secret or Top Secret or whatever); and (2) foreign service in the last five years. Period.

You should read the entire Intelligence Identities Protection Act rather than parsing and inferring from the U.S. Code.

[Cboldt]

I should have made it clear that my first sentence was the basis (from the indictment) for my second statement. I took the "classified" from his press conference where he said that Plame's job was classified (even though other's outside the agency knew about it, but it was just "not common knowledge").

My point is that this factoid is irrelevant, except inasmuch as it makes Plame a subject of speculation, i.e., she's not a public figure or otherwise well known; so discussion about her role in the Wilson visit fits the category of "things people might speculate about and be interested in."

Even if her status at the CIA is desk-jocky, and she has NO covert status whatsoever, the allegations in the indictment still hold water.

That's because the only allegations against Libby are that he was not truthful with the GJ, regarding where he first heard of Plame. Libby tried to finger reporters as his first source (alleges the indictment), when in fact his first source (and he knew it) was his independent inquiry to the CIA.

[NittanyLion]

In Chicago, Mr. Fitzgerald has supervised the continuing public corruption investigation known as Operation Safe Road, which began in 1998, and which resulted in the convictions of approximately 73 defendants, including more than 30 public employees and officials. Since January 2004, he has overseen an investigation of the City of Chicago's Hired Truck Program in which three dozen defendants have been charged, including approximately 20 current or former city employees, and two dozen defendants have been convicted. Mr. Fitzgerald has also committed himself personally to the implementation of Project Safe Neighborhoods as part of a concerted effort with the Chicago Police Department and other state and federal law enforcement agencies to reduce gun violence. [snip]

In New York, Mr. Fitzgerald participated in the prosecution of United States v. Usama Bin Laden, et al., in which 23 defendants were charged with various offenses, including conspiracy to murder United States nationals overseas and the August 1998 bombings of the United States embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania. Four defendants went on trial in January 2001 in New York and four months later a jury returned guilty verdicts against all four. The defendants were sentenced to life in prison. [snip]

Mr. Fitzgerald also participated in the trial of United States v. Omar Abdel Rahman, et al., a nine-month trial in 1995 of 12 defendants who participated in a seditious conspiracy that involved the 1993 bombing of the World Trade Center and a plot to bomb the United Nations, the FBI building in New York, and the Holland and Lincoln tunnels, as well as a conspiracy to assassinate President Hosni Mubarak of Egypt. He also supervised the case of United States v. Ramzi Yousef, et al., the 1996 prosecution of three defendants who participated in a conspiracy in the Philippines in late 1994 and early 1995 to detonate bombs simultaneously on 12 American airliners. In 1993, Mr. Fitzgerald participated in the six-month trial of United States v. John Gambino, et al., the prosecution of a Gambino crime family capo and his crew for narcotics trafficking, murder, racketeering, jury tampering and other charges.

If I posted this profile without a name, do you think the majority of posters on this site would support the person? Would they conclude that this attorney is competent?

[Maurice Tift]

... a criminal investigation into a "national security matter" of this sort hinged on "very fine distinctions..."

  Well, they had to get him for something and so they said "We'll get him like they got Martha Stewart! That's the ticket!"

  and incredibly, the name Scooter Libby rhymes with G. Gordon Liddy and that makes people think of Watergate, so they're going to get him on that one too!

[frankjr]

Hey, if I couldn't support one out of every ten claims I made at work, I'd get canned. I need to get me one of those government jobs like Patty.

[patriciamary]

I agree it was pathetic,and why did he not answer the question ,was Plame a covert or not?He said it had nothing to do with the case,that is retarded it has everything to do with the case.

[pepperhead]

I sure hope he doesn't plan to become a member of the SCOTUS.

Just like Ken Star, his opportunity for that has been blown.