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Don’t trivialize effort to bring Libby to justice
Friday, March 23, 2007
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On March 9, this newspaper printed a letter from Sandra Page about the recent criminal convictions of I. Lewis “Scooter” Libby (“Sandbox games in Washington”).

Notwithstanding the offensive language that dominated that piece, not the least of which was her reference twice to “these idiots,” which is language that — at least in my view — has no place in a civil public debate, she overlooks some very inconvenient but important facts.
Although many Bush administration apologists have made the repeated claim that Ms. Plame’s status as a covert agent for the CIA was “common knowledge in Washington” — as is also repeated, but not supported by any evidence, in Ms. Page’s letter — I, for one, have seen no substantiation whatsoever to support that claim. To the extent she was “known” around Washington, both her friends and acquaintances have confirmed to many different media sources that until her identity as a CIA operative was published by the press, they understood her to be employed by energy consulting firm Brewster-Jennings (actually a covert CIA “front” operation). If Ms. Plame’s friends knew nothing about her work at the CIA, it seems unlikely that those less intimately acquainted with her would know differently. Furthermore, in an apparent attempt to imply that Ms. Plame was somehow herself making a public issue out of her covert status before her involuntary exposure, Ms. Page refers to an appearance by Ms. Plame in Vanity Fair. Trouble is, that occurred long after her first public exposure by Bush administration officials as a CIA operative via Robert Novak’s July 14, 2003, “Mission to Niger” column.

On March 6, Mr. Libby was convicted by a jury of his peers on four separate felony counts: one count of obstruction of justice, one count of making false statements and two counts of perjury.
Those are all very serious crimes. But since Ms. Page suggests that they were not worthy of prosecution because they were not also accompanied by indictments for the more “serious” underlying charges in this case (those related to “knowingly” exposing Ms. Plame’s identity as a covert agent), I feel compelled to point out what to many seems obvious. There have been a number of theories put forth to explain Mr. Fitzgerald’s decision not to pursue such additional charges. One school of thought: He anticipated substantial difficulties in successfully prosecuting such a case constrained by the rules and confronted by the risks to national security associated with introducing the classified information into evidence necessary for a conviction. Another: Mr. Fitzpatrick felt that he would not be able to prove that Mr. Libby had been explicitly informed of Ms. Plame’s covert status. That Mr. Libby was not indicted on additional charges is not evidence that he did not commit other wrongful acts. Mr. Fitzgerald has made a number of public statements that strongly suggest he believes larger crimes were, in fact, committed in this case. Regrettably, Mr. Fitzgerald is, perhaps, the only person who will ever fully understand exactly why he chose not to also pursue additional charges against Mr. Libby. But Mr. Fitzgerald clearly believed he could show that Mr. Libby had violated the law. So Mr. Fitzgerald, as is a common practice in many criminal proceedings, brought the most serious charges that he felt were appropriate to the circumstances.

Additionally, in an apparent attempt to save his own skin, Mr. Libby remained mute while New York Times reporter Judith Miller spent months in jail for refusing to name him as her source of information about Ms. Plame’s identity. Apparently similarly motivated, Mr. Libby also falsely named NBC’s Tim Russert, among others, as the source of this information. This suggests strongly that Mr. Libby’s actions were not nearly as benign as Ms. Page would apparently like us to believe.
As a people, we hold dear the notion that we are governed by the rule of law. The crimes for which Mr. Libby has been convicted tear at our social fabric under any circumstances. They are especially grievous when committed by a public official sworn to uphold those laws; more still when that public official is also an attorney, as is Mr. Libby.

To dismiss the prosecution of Mr. Libby’s criminal acts as “playground antics” in an attempt to trivialize Mr. Fitzgerald’s efforts to preserve values that the vast majority of the American public holds dear is offensive, at best. Perhaps Ms. Page thinks the crimes that Mr. Libby has committed are no big deal. However, I think I am joined by the majority of Americans in my view that Mr. Libby’s actions were disgraceful and that “these idiots,” as Ms. Page refers to them, are to be applauded for bringing Mr. Libby to justice for the crimes that he has committed.

(Gifford lives in Napa.)
6 comment(s)

Kevin wrote on Mar 23, 2007 8:00 AM:

" Its hard not to trivialize Fitzgerald's prosecution. He did a pretty good job of doing so himself. After all, he knew before he even called the Grand Jury that the person who actually revealed Plame's CIA status was former deputy secretary of state Richard L. Armitage. Why wasn't Armitage charged? According to the person who actually wrote the law protecting the identity of covert CIA agents, Plame was not covered by this law. Fitzgerald's whole operation was nothing but a "fishing expedition" to try to smoke out some hidden scandal or crime. And he failed, in a rather spectacular fashion. At least in the perjury case against former President Clinton, there was a serious crime involved (sexual harrassment), as opposed to the "process" crime that convicted Scooter Libby. "

Common Sense wrote on Mar 23, 2007 8:28 AM:

" Gifford's extremist views are plainly evident. If she is outraged over Libby, then she should violently protesting the lack of concern over Sandy Berger, who removed key Clinton documents from the National Archives by stuffing them down his pants. These documents were supposed to have been reviewed by the 9/11 commission. Gifford is yet another case of liberals gone wild. "

Sandra wrote on Mar 23, 2007 8:28 AM:

" Of course you do, Joanne. He's an evil Republican. At least this Democrat can see the trial for what it was. As for the "Covert" status of Ms. Plame....under testomomy she didn't even know if she was leagally "covert" under legal statute. From the trial: "REP. DAVIS: The Intelligence Identities Protection Act makes it a crime to knowingly disclose the identity of a covert agent, which has a specific definition under the act. Did anyone ever tell you that you were so designated? MS. PLAME WILSON: I'm not a lawyer. REP. DAVIS: That's why I asked if they told you. I'm not asking for your interpretation. MS. PLAME WILSON: No, no. But I was covert. I did travel overseas on secret missions within the last five years. REP. DAVIS: I'm not arguing with that. What I'm asking is, for purposes of the act -- and maybe this just never occurred to you or anybody else at the time -- but did anybody say that you were so designated under the act? Or was this just after it came to fact? MS. PLAME WILSON: No, no one told me that. She does not know her own legal status; Waxman did not offer the opinion of either Hayden or CIA Counsel as to her legal status; per Novak, DCI Hayden is not willing to opine on her legal status - hmm, I think the question of her legal status is, at best, unresolved....This is why the original charge would not hold up. The whole thing was a waste of time and had nothing to do with "Mr. Fitzgerald’s efforts to preserve values that the vast majority of the American public holds dear", and had everything to do with scapegoating. Libby, the chief of staff to the elected Vice President of the United States, was extremely concerned by the actions of a CIA bureaucracy that seemed to be operating independently of the Bush Administration. This is the blockbuster story that has been lost in the media feeding frenzy over the Libby indictment. "

ex-mule wrote on Mar 23, 2007 2:40 PM:

" If Republican’s were merely half as sleazy as Pelosi Democrats they would have added Libby’s prosecutor to the list of those recently fired. Heck, Clinton fired every federal prosecutor in this nation just to get at the guy putting all his White Water cohorts in prison, come to think of it not, such as thinking is these days, not one Pelosi Democrat said a word when all 93 were slaughter to save Little Bill! Well, the least can be said is that they are consistent... as in consistently deceiving. "

Dave wrote on Mar 23, 2007 8:55 PM:

" One point: Armitage was not the ONLY leaker, others could have been Libby and/or Rove. Just because Armitage admitted revealing Plame's identity does not prove that Libby didn't. Testimony from the Libby trial revealed that eight witnesses differed from Libby in their accounts of what transpired. He's guilty, period. "

Joanne wrote on Mar 26, 2007 11:51 PM:

" Mr. Libby was convicted of four felonies, Sandra. (And it is not insignificant that these convictions came as the result of a criminal proceeding prosecuted by – if I may borrow your words here -- “an evil Republican”, Bush administration political appointee, Patrick Fitzgerald, upon whom I have lavished considerable praise in this piece, thereby kicking the legs right out from under your implication that I see every Republican through some kind of distorted, hyper-partisan lens.) You can introduce all of the “red herrings” and ad hominem arguments that you want into this debate in an effort to divert attention away from that fact, but regardless of how you try to frame this, Mr. Libby broke the law at least four times and it doesn’t matter what the circumstances were or were not that, as you see it, somehow excuse what he did. No one is “above the law”. No one is entitled to break the law with impunity simply because, in his/her view, there may be some perceived justification for such an offense or – as in this case -- series of offenses. You can spend every minute of every day of the rest of your life trying to support your point of view on this issue, but you will never be able find your way around this: The law is the law and we are all at least equally bound by those laws. (I would argue that public officials should be held to at least as high, if not a higher standard of conduct than the average citizen, but on that point I will not quibble.) But at the risk of being redundant, I will restate the central point of this debate: Mr. Libby was found guilty of committing four felony acts. And there is no acceptable excuse for his criminal conduct. You either have to take that point of view, or acknowledge that it is your position that it is O.K. to commit perjury, to obstruct justice, and to make false statements, as those acts are defined by the law. So which is it, Sandra? "

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