Posted on 10/29/2005 3:10:01 AM PDT by 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.
(Excerpt) Read more at opinionjournal.com ...
Bush better stop listening to Laura.
My contention is that these phone calls to the Whitehouse all went down about the same time "as planned". Consequenly, he told them all "I'm not giving you my source, it's none of your GD business." I might have been done the same. I also would have said: "What the hell is going on" and went on with my work. They're all calling him about the same thing? Well then, they must be talking to each other.
Cooper's call was not logged in because he did not call Rove's office directly. He went through the switchboard. Pretty clever.
Someone wrote me and said that Clinton changed the phone system so "switchboard" calls couldn't be tracked.
One further comment:
A) As a potential violator, Libby met legal Test #1 of the Act by having a classified position, and learning of Plame's employment (though not necessarily status) through classified channels.
B) Plame must have held a legally "covert" status in order for Libby to be liable under the Act.
Now here's what defines "covert":
C) Plame is said to have held a "classified" position, both in the indictment and verbally by Fitzgerald. That meets Test #1 of the "covert" definition.
3) It is unknown whether Plame engaged in foreign service during the preceding five years, which is Test #2 for "covert" status under the Act.
You are correct that Libby was "only one step away from breaking the Act", but you're correct for the wrong reasons.
Since Libby met Test #1 as a violator, it must be his Test #2 that gets him off the hook, e.g., Plame's status. So we must infer that since Plame did indeed hold a "classified" position (this has been stated by Fitzgerald),she was not legally "covert" due to the foreign service requirement.
As I've been saying, she's in France now. Is that "foreign service"?
Or, the more we learn, the media lied about Libby.
I agree,this factually proves there is a double standard for democrats and republicans,and any republicans should be outraged!
Yes, I read on in the post I replied to, and think we are more or less on the same page.
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.
The way I read the indictment, it does not probe Plame's status withing the CIA whatsoever. The way I read it, it does not assert that she holds a position that is "classified," under the meaning of the Act. Her identity as a MEMBER or EMPLOYEE of the CIA is not classified information. Her employment status within the CIA is classified, but the indictment does not allege that her being an employee or memeber of the CIA is classified.
You should read the entire Intelligence Identities Protection Act rather than parsing and inferring from the U.S. Code.
The Intelligence Identities Protection Act -IS- the US Code. Here is a part of the definition section of 50 USC 426 ...
(4) The term "covert agent" means--(A) a present or retired officer or employee of an intelligence agency or a present or retired member of the Armed Forces assigned to duty with an intelligence agency--
(i) whose identity as such an officer, employee, or member is classified information, and
(ii) who is serving outside the United States or has within the last five years served outside the United States; or(B) a United States citizen whose intelligence relationship to the United States is classified information, and--
(i) who resides and acts outside the United States as an agent of, or informant or source of operational assistance to, an intelligence agency, or
(ii) who is at the time of the disclosure acting as an agent of, or informant to, the foreign counterintelligence or foreign counterterrorism components of the Federal Bureau of Investigation; or(C) an individual, other than a United States citizen, whose past or present intelligence relationship to the United States is classified information and who is a present or former agent of, or a present or former informant or source of operational assistance to, an intelligence agency.
Why have you already convicted Libby without him having his day in Court?
Fritzgerald is nothing more that a hack for the Democtats with a kangeroo Grand Jury.
During his press conference Fritzgerald violated Libby's Constitutional rights to a fair trial numerous times.
Judging from your posts you are either a RHINO or a Democrat.
FOXNEWS just had on James More of Rove Exposed. Email them and tell them they have sunk to the the bottom on this guy. He has been a moveon.org hack for years, he hates Bush and Rove and has had his movie Bush's Brain on 6th Street in Austin for years. Unreal they would even think he has any credibility.
Ultimately, the problem lies with Bush because he failed to institute any war powers. One has to shake their heads at what passes for treason these days; imagine how busy the gallows would have been during WWII with the types of things the CIA and other internal enemies are able to get away with.
"Maybe he [Libby] was falling on a sword."
Falling on his sword for what? What was to be gained by lying? Libby's own notes told of his conversation with VP Cheney. It's very likely that Cheney and the three other gov't officials (who spoke with Libby) told the Feds about their conversations. So what was Libby hoping to hide or obstruct? It makes no sense. Why would Libby risk 30 years in jail by lying for no reason. There's another side to this story which we haven't heard -- the defense's side.
Who said he didn't tell the truth.He may have got his dates,and the reporters names wrong.
Fitzgerald has a tough fight on his hands to convict. He has very thin evidence as far as I can see.
What's to explain?
The Intelligence Identities Protection Act speaks to a legally-defined covert status, not to classified status. They are two completely different things under the law.
Lots of people hold classified positions around DC, meaning they can't tell people what they do ("I work for the government").
But there must also be "affirmative measures to conceal such covert agent's intelligence relationship to the United States", and that person must be working abroad in order to be "covert" and covered by the Act.
This law needs changing. When there is no crime, there should not be any chargesw. There can be no misdirection. With this law, 90% of Texans, and 100% of fisherman, will be in jail soon.
This is interesting. Has she been on leave from the CIA? ...
"the CIA officer contacted for help in overcoming her own severe bout with postpartum depression."
http://www.washingtonpost.com/wp-dyn/content/article/2005/10/28/AR2005102801172.html
EXCERPTS
Plame, the mother of 5-year-old twins, recently told a friend, Jane Honikman, that she intends to retire from the agency where she has worked for 20 years. "She really wants to be with her kids -- that's her plan, to be that mom," said Honikman, founder of a postpartum depression support network in which Plame has been active.
(snip)
"She's going to be a huge asset no matter what she does," said Plame's friend Honikman, founder of Postpartum Support International, a group the CIA officer contacted for help in overcoming her own severe bout with postpartum depression. "She's too smart a woman . . . and would maximize whatever opportunities lie ahead."
(snip)
Was the "outing" of Valerie Plame the violation of any law"?
This question is independent of who may or may not have been doing the "outing". It is not an issue of sufficient evidence. It is not an issue of whether Libby could have obstructed Fitzgerald's investigation as was claimed. It is the simple question of whether Plame was covered by the law. I think she wasn't. I think Fitzgerald knows she wasn't and that is why he dodged the question. It also the reason for that strange lecture on the importance of keeping CIA employees identities a secret. He wasn't telling us what the law says. He was telling us what the law should say and it was the latter that was his guide in his investigation.
If I was Libby's new lawyer I would attack Fitzgerald on the grounds that he conducted a witch hunt for nearly two years when he should have or could have or probably did have enough facts to realize that no laws were broken regardless of who "outed" Valerie Plame.
That goes to the heart of the matter. Wilson claims that his wife was outed to punish him for telling the truth about the war. In fact, there was no concerted campaign to out his wife and judging from the indictment, the subject didn't even come up with reporters like Russert.
I do find it interesting that Russert had the chutzpah to interview Cooper (Mr. Mandy Grunwald) on MTP after his GJ appearance. Reading the transcript one would think that Russert was just an observer in this investigation, but as it turns out, he was a key player. I wonder how much collusion and discussions were held among them about Wilson/Plame.
If Libby hadn't lied (assuming the facts as laid out in the indictment), the GJ would have disbanded with no bill.
He's innocent until proven guilty. It's possible he was mistaken. But if Fitzgerald believes he has a case, it's his responsibility to file it.
During his press conference Fritzgerald violated Libby's Constitutional rights to a fair trial numerous times.
If so, file a complaint with the Justice Department and the people who hired him. I watched the whole presser and didn't see what you saw.
Judging from your posts you are either a RHINO or a Democrat.
I got called those names a lot recently for opposing the Miers nomination. Thank God it was withdrawn. I'm a conservative.
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