The Libby Conviction

Forget about Niger "Yellow Cake." Forget about the manipulation of intelligence. Forget about whether or not Wilson's wife's employment was or was not classified. All of these issues are important, but none are germane to the Libby conviction. What is germane is what he has been convicted for...he lied. He lied to the FBI, which was pursuing a national security investigation. And, he lied to a Grand Jury pursuing the same thing.

Ah...but Clinton also lied, didn't he? Not in the same league. Clinton lied regarding grossly improper personal conduct in the Oval Office, which for some strange reason came up in questioning regarding a Whitewater land deal that took place prior to his Presidency; an investigation run chiefly by Republican partisans. And, similar partisan politicians tried to impeach him for it. Libby can't point to "partisan politics" in his case.

I've just finished reading virtually the only defense for Libby offered in the media, the National Review's Editorial Board piece. I agree with some of what was written, but what was written wasn't about Libby lies; it was misdirection. Criticism about Reid's demand that Bush promise not to pardon Libby, etc., etc. I agree with that part...makes as much sense as the Senate Republicans demand that the Democratic majority promise not to cut off funding for the Iraq war as part of a deal for their support on the non-binding resolution. One branch asking another branch to give up basic powers in advance is nonsense...and a waste of OUR money. Fiddling while Rome burns.

However, having said that...the Libby case is interesting beyond his conviction for lying. I followed the story reasonably closely in the beginning. Looked carefully at "time lines" and here is my own take.

It was another "goof." At the time the White House discovered that Pflame was a CIA employee none of those who initially knew (maybe the VP and Libby included) did NOT know or consider the fact that such employment was CLASSIFIED.

In the days shortly before the Wilson article in the NYT, apparently having caught wind that the article would be published, Cheney's office asked the State Department for information on Wilson...like..."who is this guy?"

Subsequently, a report was prepared and forwarded to the VP. I suspect, however, that the substance of the report was conveyed by State to the VP's office via telephone prior to sending the actual report. The first time the actual physical report was in all prime players hands and discussed was apparently on board Air Force One as it departed for the Bush trip to Africa. And...lo and behold...in the margin beside the mention that Plame was a CIA employee was the word "CLASSIFIED."

I also suspect that by the time Cheney, Libby, et al discovered the fact that her employment was classified, the cat was already out of the bag.

So, the info got out...the CIA requested the Justice Department investigate. Second time line problem occurs when the FBI comes to question Libby. At that point, there was no special prosecutor. Ashcroft subsequently disqualified himself due to a possible Rove involvement and a potential conflict of interest (Rove had run one of his Senate campaigns). Sooo...sports fans...at the time Libby was initially questioned, the "problem" was still in-house, so to speak. He could hardly reverse himself in Grand Jury testimony...so once the Special Prosecutor entered the game, the game plan for the Administration became one of dragging it all out to avoid an indictment before the November 2004 elections.

Armitage...Powell's right hand man at State and hardly a big fan of the Cheney-Libby crew, was subsequently revealed as the "real leaker" (to Bob Woodward and later to Robert Novak, the reporter who broke the story of Plame's employment). He did so in a curious manner...according to Woodward's tapes. Woodward is obviously being cautious about Pflame's employment...like, "do you really want to tell me this?" Armitage, not exactly a dummy, is almost cavalier in his response..."oh yeah...she's a WMD analyst at CIA. Everybody knows that."

Ah...Powell/Armitage PAYBACK TIME. I suspect that the same information was conveyed by State to the VP's office in much the same vein over the telephone...and surprise, surprise...when the official report arrives...the employment had become "Classified."

So...why don't they go after Armitage? Becasue the governing law is so loose and open to interpretation that no one want's to try and prosecute on it's basis. The ONLY thing they could have gotten Libby for was for perjury. For lying over essentially nothing. He hung himself...as many within this Administration are wont to do.