What Is Fitzgerald Up To? (Mark Levin)
(snip)
I must say that this confirms my worst fears. At his October 28, 2005 press conference announcing Libby's indictment, Fitzgerald said, in part:
Before I talk about those charges and what the indictment alleges, I'd like to put the investigation into a little context.
Valerie Wilson was a CIA officer. In July 2003, the fact that Valerie Wilson was a CIA officer was classified. Not only was it classified, but it was not widely known outside the intelligence community.
Valerie Wilson's friends, neighbors, college classmates had no idea she had another life.
The fact that she was a CIA officer was not well- known, for her protection or for the benefit of all us. It's important that a CIA officer's identity be protected, that it be protected not just for the officer, but for the nation's security.
Valerie Wilson's cover was blown in July 2003. The first sign of that cover being blown was when Mr. Novak published a column on July 14th, 2003.
Before I talk about those charges and what the indictment alleges, I'd like to put the investigation into a little context.
Valerie Wilson was a CIA officer. In July 2003, the fact that Valerie Wilson was a CIA officer was classified. Not only was it classified, but it was not widely known outside the intelligence community.
Valerie Wilson's friends, neighbors, college classmates had no idea she had another life.
The fact that she was a CIA officer was not well- known, for her protection or for the benefit of all us. It's important that a CIA officer's identity be protected, that it be protected not just for the officer, but for the nation's security.
Valerie Wilson's cover was blown in July 2003. The first sign of that cover being blown was when Mr. Novak published a column on July 14th, 2003. ...
At the time, I was stunned by this utterly irresponsible statement because it had absolutely nothing to do with the charges brought against Libby. Here's some of what I said on the Corner:
What I resent about this press conference is the effort by Fitzgerald to paint Lewis Libby as outing a cover CIA operative, jeopardize national security, and harm CIA recruitment. As many times as I have now read this indictment, I see obstruction, perjury and false statements. I see no charges relating to any of this rhetoric. And so we now have some news reports claiming that Libby outed a CIA agent when, in fact, as a matter of law, he's not even charged with that. As for the recitation of facts in the indictment, they will now be put to the test by defense counsel, who will have an opportunity to question the government's witnesses (including Miller and Cooper), talk to their own witnesses, and conduct other discovery. People need to understand that this is just the first salvo. ...
Later I added:
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. ...
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.
And now, in his formal responses to Libby's counsel, Fitzgerald himself disputes and rejects his own very public comments about Libby and the significance of his case. Fitzgerald now admits no assessment of any purported harm by Libby was undertaken, meaning his rhetoric at the press conference was without any basis on this point. Indeed, he now argues that an assessment wasnt even relevant to the charges. I find this utterly irresponsible. And as to the all important question of whether Plames undercover or otherwise classified status was leaked by Libby or anyone else, Fitzgerald never even sought documentary evidence (at least for the relevant time period) to make a determination.
So: What the heck is this investigation all about?
http://levin.nationalreview.com/
At this point, I have to question whether or not there ever was a genuine investigation. More and more, I think the charges against Libby are a malicious prosecution, if not for political reasons than to cover the fact that Fitzgerald never conducted the investigation he was employed to conduct.
Good analysis and questions by Levin.