We've had a rather complex dialog, and your "I find untenable that you take another position" is ambiguous. My positions, stated on this thread, amount to the following:
Even if the investigation is bogus, those who testify are (I think reasonably) expected to do so truthfully.And you find those positions to be untenable?The legal principle being defended is "truthful testimony, regardless of the stupidity and/or motive of the investigator."
The indictment asks this. At the time in interest, was Libby "informed only as well as every other guy in the rumor mill," or was he "well aware that Wilson's wife worked at the CIA?"
... the indictment isn't a "leak" indictment.
There is no indictment, and never will be one that charges "outing" of Plame.
The official stance from President Bush, the DoJ and the prosecutor is that the case, the leak, is serious.
I give the case for conviction better than even odds -if- the case goes to trial.
I don't see the charge being dropped, but a plea bargain is possible.I think it was a bogus investigation.
Simply and breifly--(a) To constitute perjury, the question wmust be material, deliberately false and before a competent tribunal. I have probelms with 2 out of 3 of these.
(b)To find obstruction, you must show that the defendant delibereatley impeded a material line of inquiry. On this I find the indictment lacking two out of two,
(c) If I am wrong, and the lines of inquiry are material and proper, I find it at least as likely that the reporters recollections are wrong as that Libby was deliberately lying and therefore I think the requisite standard--proof beyond a reasonable doubt cannot be established.