RE: Andy's Latest Post (Mark Levin comment on indictment)

National Review Online ^ | 10/29/05 | Mark Levin

[frankjr]

I find it refreshing that people I admire are on TV and elsewhere are explaining to the American people that this indictment does not charge Libby with underlying offenses -- that is, the great offenses to national security related to outing a covert CIA agent. Andy says that but for Patrick Fitzgerald's kindness, Lewis Libby could have been charged with passing illegally classified information to reporters, specifically the identity of Valerie Plame which, in itself, is classified. (For weeks we've been told that Fitzgerald is tough as nails; today we are told he's a pussy cat.) Nonsense. Frankly, this has the smell of Lawrence Walsh, who claimed that top Reagan officials violated various laws without charging them, and his defenders waived around Walsh's public statements as evidence of crimes. It then becomes impossible for someone like Libby to defend against such allegations because they're not made in the form of a charge. Andy falls into this unfortunate trap in his latest post, and with only his friend's indictment in hand (so much for waiting for all the facts, which we were urged day after day to the lead up of this indictment). Libby deserves the same benefit of the doubt demanded of Fitzgerald and his amen corner. Indeed, the law compels it, and more. Please, spare us the lectures about the rule of law when the legal process hasn't even had a chance to play itself out, and Libby is condemned as all but guilty without the benefit of due prcess.

Now, as for Plame being classified, I have read the indictment several times, and other than Fitzgerald's assertion, the fact is that we have nothing but an assertion. What exactly is her classification, and is it in fact classified? Of course the relevance of this will be explored by defense counsel, and this will be put to the test if necessary. Let me suggest that Fitzgerald didn't bring a straightforward charge on this point because, as Andy in truth concedes, he couldn't meet all the elements of the statute, and the statute itself is not typically used in this fashion.

Finally, you bet Fitzgerald smeared Libby during his press conference. All the talk about violations of national security, outing a CIA official, and harming CIA recruitment was nothing more than a well-rehearsed public relations speech intended to paint these indictments as something more than they are (albeit serious in their own right). And that is why, I believe, we have strained efforts now to accuse Libby of passing classified information without the benefit of an actual charge.

[frankjr]

Here is the original comment from Andy McCarthy that prompted Mark's response...link

[AliVeritas]

Whoa, great post as usual.

[DogBarkTree]

THe Great One was great last night. I must be a true fan because I dont mind traffic on my way home because it lets me hear more of his show. He really needs to be coast to coast like Rush and Hannity.

[penelopesire]

Levin has been 'smokin' on this whole thing since yesterday! He IS the 'Great One'! Good Post!

[Enterprise]

" All the talk bilge about violations of national security, outing a CIA official, and harming CIA recruitment"

There, much better - because none of those things have happened. Great article by a great man!

[DogBarkTree]

Thank you Dr Levin for publishing the infamous Vanity Fair photo. Is this anyway for a covert agent to behave?

[penelopesire]

I wonder when John Kerry will be indicted for outing a CIA agent on the Senate floor?

[Huck]

That's hilarious. I've never seen that. Right below the equally covert David Bowie and P. Diddy!

[petercooper]

[LS]

This may be LL's salvation: I don't know in a public forum if they want to say what Plame's "classification" was or is, because that would allow the defense counsel to press her for specifics until she would have to say, "That's a matter of national security, and I can't tell you," at which point defense would say, "Your honor, I ask for a dismissal, in that we do not have access to all the prosecution's evidence."

I'm no lawyer. Some atty. help me out here, please. Is this feasible?

[frankjr]

"WOODWARD: ... They did a damage assessment within the CIA, looking at what this did that Joe Wilson's wife was outed. And turned out it was quite minimal damage. They did not have to pull anyone out undercover abroad. They didn't have to resettle anyone. There was no physical danger to anyone and there was just some embarrassment.

So people have kind of compared -- somebody was saying this was Aldridge James or Bob Hanson, big spies. This didn't cause damage."

http://transcripts.cnn.com/TRANSCRIPTS/0510/27/lkl.01.html

[calrighty]

A true intellect, BTTT

[MamaLucci]

Fitzgerald damaged his own case by insinuating guilt of
serious charges that he CAN NOT PROVE. He should never
have even discussed national security issues in his presser,
because he is not charging anyone with anything having to do
with national security. Levin's analogy
to Lawrence Walsh in this regard is SPOT ON.

[Cboldt]

Finally, you bet Fitzgerald smeared Libby during his press conference. All the talk about violations of national security, outing a CIA official, and harming CIA recruitment was nothing more than a well-rehearsed public relations speech intended to paint these indictments as something more than they are ...

Yep. I read the indictment before the press conference got underway, and I was struck exactly this way. Fitz's rhetoric was designed to lead the casual listener to an inference that Plame's outing was bad, or even illegal. It was neither.

[Cboldt]

This may be LL's salvation: I don't know in a public forum if they want to say what Plame's "classification" was or is, because that would allow the defense counsel to press her for specifics until she would have to say, "That's a matter of national security, and I can't tell you," at which point defense would say, "Your honor, I ask for a dismissal, in that we do not have access to all the prosecution's evidence."

The evidence you seek is not relevant to the charge.

[penelopesire]

I agree and the problem will come when Fitz goes into CYA mode. He will probably start shooting from both hips.

[Paladin2]

She's way too thin, needs more cheesburgers. etc, etc etc....Oh, whoops that's only for AC. LOL

[frankjr]

Alberto ought to put a gag order on Fitz.

[fooman]

good job on your response to andy. I cant wait to get andrea mitchell and all the others who have stated that wilson outed plame under oath.

[Terpfen]

It's a shame Levin doesn't have nationwide syndication.