BobHarris.com - Between the lines: more indictments likely to come

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Who Hates Whom:
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Between the lines: more indictments likely to come

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Friday, 28 October 2005

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:

On or about June 12, 2003, LIBBY was 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:

... orally advised LIBBY in the White House that, in sum and substance, Wilson's wife worked at the CIA...

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:

... LIBBY spoke to a senior official in 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:

... the Assistant to the Vice President 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:

LIBBY spoke by phone with his then Principal Deputy and discussed the 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.