I might be wrong, but I don’t think Fitzgerald is anywhere near done.
First, keep in mind that what’s already in this one indictment is not
everything Fitzgerald has. It’s only what Fitzgerald needs to make his
case against Libby.
But look at what’s here, just in this document: as part of establishing
the case that Libby lied when he claimed to have learned about Plame
from reporters, Cheney himself is tagged:
advised by the Vice President of the United States that Wilson’s wife
worked at the Central Intelligence Agnecy in the Counterproliferation
Division. LIBBY understood that the Vice President had learned this
information from the CIA.
This a) puts Cheney squarely in the loop — so even if he’s never
implicated legally, common sense tells us he knew damn well — and b)
as Josh Marshall points out,
shows that Plame worked in Operations (the running-spies-around
section) at the CIA. They had to know she was undercover, although
that knowledge might have been hard to prove in court.
In further demonstrating that Libby’s blame-the-media story was false,
similarly points out clearly, even here, that he was talking with
numerous other people in the White House about Valerie Plame’s
employment status.
We find an unnamed "Under Secretary of State" who:
This same passage indicates that the "Under Secretary" knew exactly why
Libby was interested — the Niger/yellowcake thing — and even provided
him with specific and ongoing research into Joe Wilson.
There’s also:
the White House ("Official A") who advised LIBBY of a conversation
Offical A had earlier that week with columist Robert Novak in which
Wilson’s wife was discussed as a CIA employee involved in Wilson’s trip.
"Official A" sure looks to me like Rove. And by the way, Rove’s cover
story — just like Libby’s — was that he heard the whole thing from
reporters. We all know how well that held up.
There’s:
for Public Affairs learned from another government official that
Wilson’s wife worked at the CIA, and advised LIBBY of this information.
That’s gotta be Catherine Martin, currently a Deputy Assistant to
Bush. And so on. Fitzgerald seems intent on following this anywhere
it goes, gathering something resembling a full story.
Fitzgerald didn’t prosecute under the IIPA or the Espionage Act for
good reasons that he laid out; he couldn’t get iron proof of motivation, guilty intent, etc.
But if there’s any evidence that any of these people
knew how this information would be used, further felony charges still seem possible.
So will Libby plead out? Consider this:
article. The official asked LIBBY whether information about Wilson’s
trip could be shared withg the press… LIBBY responded that there
would be complications at the CIA in disclosing the information
publicy, and that he could not discuss the matter on a non-secure telephone line [emphasis added].
This was before the Op-Ed by Wilson. This was before
Libby talked with Judy Miller. And it shows that Libby — and probably
a bunch of other people — knew damn well how sensitive the information
about Plame was, and exactly what game was being played here.
Perjury? Libby appears to have been nailed to the wall here. (Libby’s
statement is hardline about innocence, but his attempt at
self-exoneration amounts just to "hey, I just didn’t remember that
dozen-plus contacts over the course of several weeks.")
I assume Libby is not interested in losing the next decade of his life
after a show trial that will drag all of his political allies through
the mud anyway.
Fitzgerald seems intent on showing "substantial interference with the
administration of justice," so federal sentencing guidelines get a little
bit extra harsh.
On the other hand, if Libby cops a plea, he’s probably just gonna get a few months. Slap on the wrist.
Libby may just be posturing now to get the best plea bargain possible.
I don’t know anymore than you do, of course.
But
Fitzgerald has done RICO cases.
I suspect a few more press conferences might still be coming. If I had to guess, I think it’s gonna be much worse on Rove when the time comes.