emptywheel Explains Again and Again and Again about Obstruction of Justice

by emptywheel

Here's my Guardian column explaining all the involvement of Cheney and Bush in the Plame outing--which explains why Bush didn't want Libby to lose his ability to refuse to testify.

On June 9, 2003, just one day after his national security advisor, Condoleezza Rice, got beaten up on the Sunday shows for claiming no one in the administration knew that the Niger intelligence was bunk, George Bush expressed concern about the allegations. Scooter Libby passed on that concern to vice president Cheney. Bush's concern set off a chain of events that ended up in the outing of a CIA spy, Valerie Plame, and the indictment and conviction of Scooter Libby.

Yesterday, George Bush attempted to prevent that chain of events from continuing any further. He commuted Scooter Libby's 30-month sentence. Rather than serving time in jail, Libby will remain free, with a fine and probation as the only remaining punishments for lying and obstructing a criminal investigation. But the real effect of Bush's actions is to prevent Libby from revealing the truth about Bush's - and vice president Cheney's - own actions in the leak. By commuting Libby's sentence, Bush protected himself and his vice president from potential criminal exposure for their actions in the CIA Leak. As such, Libby's commutation is nothing short of another obstruction of justice.

[snip]

There are many unanswered questions about the roles of the president, the vice president, and Libby in the leak of Valerie Plame's identity. Did Bush really ask Libby to take the lead on all this? Did the president declassify Plame's identity so Libby could leak it to the press? Did Cheney learn - and tell Libby - that Plame was covert? Those questions all point squarely at Bush and Cheney personally. But because of Bush's personal intervention, he has made sure that Scooter Libby won't be answering those questions anytime soon.

And here's a link to my appearance on Democracy Now this morning.

 

AMY GOODMAN: Your response to the commutation of Scooter Libby’s sentence? He won’t serve a day in jail.

MARCY WHEELER: It’s not surprising in the least. George Bush and Dick Cheney couldn’t afford the risk that Libby would flip on them rather than go do jail time, but it is pretty disgusting, I think.

AMY GOODMAN: Explain that. What do you mean they couldn’t afford him to flip on them?

MARCY WHEELER: Well, the whole point of the obstruction of justice was that Libby was refusing to answer certain questions that really pointed right towards especially Dick Cheney, but even George Bush himself. The best example is that after reading Joe Wilson's op-ed, Vice President Cheney ordered Scooter Libby to leak something to Judy Miller. And then, following that, Scooter Libby proceeded to leak Valerie Plame’s identity and the contents of the CIA report on Joe Wilson’s trip. Now, Scooter Libby says that he was ordered to leak the NIE, the National Intelligence Estimate, but that doesn’t make any sense, given the rest of his story, so it seems logical and probable that Dick Cheney in fact ordered Scooter Libby to leak Valerie Plame's identity, but by lying, Scooter Libby has protected the Vice President from any kind of criminal implication from his actions.

AMY GOODMAN: And how does President Bush wiping out his jail time protect Bush and Cheney?

MARCY WHEELER: Well, in some ways, the commutation is actually worse than a pardon, because with a commutation, Scooter Libby still retains his Fifth Amendment privileges. So if John Conyers tomorrow called up Scooter Libby and said, “We’ve got to talk. I’d like to know exactly what happened when Dick Cheney ordered you to leak something classified to Judy Miller. I want to know whether President Bush actually did declassify it or whether Vice President Cheney was just making that up” -- he does that, and Scooter Libby just says, “I plead the Fifth,” and we still don’t get -- “we” as American citizens don’t get to understand what our president and what our vice president did to retaliate against somebody who was just exercising his First Amendment speech rights.

Comments

[emptywheel]

I'm going to go take a nap now. If anyone else wants to know about what Libby was obstructing with his lies, please give me a call.

[Josiah Bartlett]

Enjoy your nap. I think we all know what Libby was obstructing thanks to your stellar reporting.

Just a note to say thanks for all your work.
JB

[Sojourner]

Marcy, how can we contribute to your site?

[darclay]

Marcy,
Do you remember the blog about 2 wks ago by bzman,you and I think nolowere dicussing HR 603? Think may be time to bring that out?

[tekel]

and one additional point: if we don't stop it this time, then this will be used as justification for the NEXT time the white house acts to destroy someone personally because the information they have is politically inconvenient.

"Well, when Bush did it, nobody stopped him. So I can do it too."

[darclay]

so much for my typing skills and spelling in previous post

[Mimikatz]

Marcy, you deserve the Sophie Scholl award for your clarity on this issue and your willingness to insist on the facts. Keep it up (after taking a rest, of course).

[elef]

I don't see how "But because of Bush's personal intervention, he has made sure that Scooter Libby won't be answering those questions anytime soon." Since he could be immunized in any further proceeding (congress or the judicial system) he would still have to tell the truth or be in jeopardy of a new perjury or obstruction of justice charge. Or do I have that wrong?

So in that case Bush hasn't made sure that Libby won't be answering questions. Our Democratic congress-people need to make sure of getting him to answer questions.

[Mimikatz]

Tekel is absolutely right. Bush/Cheney is like a child who has to be taught there are limits. The conventional press may get off on B/C's "toughness" but B/C is posing a clear and present danger to our democracy, to say nothing of our future itself, between posturing on Iran, ignoring global warming and running up the debt.

[prostratedragon]

Those of you with a taste for adventure might want to wander over to the Guardian and join the comments on Marcy's column;> You do have to register, but it's free and brief, and the couple of lonely adults there could use some company.

[DP]

Question for Marcy (or anyone who knows and isn't napping):

This issue that Scooter can still take the fifth in the setting of a congressional inquiry has been mentioned a lot. However, since Bush has effectively pardoned Libby, couldn't Conyers or whoever grant him broad immunity in order to neutralize any fifth ammendment claim? Although I suspect Bush would claim executive priviledge anyway.

[two beers]

Marcy,

Whatever came of Waxman's invitation to Fitz to appear before the HOC? Didn't it seem that Fitz's letter declining the invitation carried with it an implicit request to be subpoenaed, whereby Fitz would then be compelled to reveal the GJ testimony to the committee? Do I misread this? I called Waxman's office today, and they said there has been no response from Waxman.

Fitz in front of the HOC seems like the quickest, surest way to Deadeye's door. Why has this stalled? Is Henry waiting for the appeals and the civil case to play out before ratcheting up a notch?

[eyesonthestreet]

to dp: I think John Dean explains this very well in his interview with Olbermann, here's the link:
http://www.youtube.com/watch?v=DDH7JXzMOhk

[NOBODY FROM NOWHERE]

It is easy to feel unable or replused by the thought of slipping your feet into Bush and Cheney's shoes. But I believe it is a necessary effort if we are going to understand the true relationship of power between BU$HCO and The People today.

As I slip my feet into Bush's shoes, I feel the supreme burning pain of hubris that comes from being forced to engage in an action that he Did Not Want to make. Cheney, over an extended period of time, obviously twisted Bush's hand behind his back until he cried uncle. Bush is now well beyond the point of no return. He is putting on a gay and carefree face but knows he has come to the edge of his political world and been forced to jump while also being pushed off.

I predict that at some point, hopefully sooner rather that later, Bush will collapse. We may not be privy to this until well after he is out of office but he will have a nervous break down before the end of his term.

Cheney's shoes are so worn out by trying to keep all his balls in the air that he is exhausted. But he is mad, as in out of his mind, so he can maintain an energy level of apparent super human strength. However, he too will melt down at some point, again hopefully sooner rather than later.

In this situation the best action of The People is a continued and sustained assault against all aspects of BU$HCO. Run the whole gamit: Iraq War, Palmegate, torture,etc. Hit them all ways and any way.

They both are weak and getting weaker. If a supporter is giving Cheney a graceful way out (the bogus battery pace maker replacement) then we need to move full steam ahead.

[rhfactor]

Hi Marcy -- you are one of the greatest assets of the blogosphere, due not only to your writing and analysis, but also due to your on camera presence. Here's what I posted to Firedoglake today. (I have posted similar things to DailyKos for the past 3 months)

--
MARCY --

PLEASE go on camera today via PoliticsTV or webcam. It's essential your literal voice be heard. You and Josh Marshall are cutting the path for "on-air" commentary -- and though principally YouTube driven right now, that will become less and less an issue as TV-PC convergence continues.

YOU NEED TO BE ON CAMERA for many reasons:

(1) You have an excellent neutral-sounding presence for the camera - even if you show a point of view. That's critical to engaging swingvoter audiences who are automatically repelled by a certain tonality that suggests "I am so much smarter than you are; if only you idiots paid attention". But your continued presence outside Libby Courthouse established an excellent tone that's engaging to more than just the built-in lefty crowd (we love you too!)

(2) Your content, of course. You have a gift not only for connecting the dots to seemingly disparate (or forgotten) things -- and smootjly placing them into context, but also your're a gifted "compressor" and expressor -- able to comunicate facts, context, relevance, add a point of view, and convey "what's next" all in about 3 minute packages.

QUESTION: What are the "obstacles" (per se), to your doing a nightly capsule TV report, either via PTV or TPM's distributor "Veracifier" (NextNewNetworks) or via your own team at Next Hurrah or Firedoglake? If it's TIME, understood. If it's "nobody's asked me", then email me please.

Cheers to progressive media!

rhfactorUSA at gmail dotcom

[emptywheel]

rh

The biggest problem is that I live in Ann Arbor and PTV is in DC.

[P J Evans]

EW - you're in Froomkin today. It's interesting reading the quotes for and agains, from the newspapers and the blogs. (Mostly against, actually.)

[Karl Schaffer]

I think you and readers should also take a look at the prosecution of former Alabama Governor Don Siegelman, who was hauled off to jail on Friday with a seven year sentence, after a travesty of a court case upchucked by federal prosecutors in cahoots with Rove. How much worse would all this have played if the Libby commutation had been done a couple of days before Siegelman's sentencing, instead of after? See the Sunday New York Times editorial calling for a congressional investigation at http://www.nytimes.com/2007/06/30/opinion/30sat2.html
for more info. The judiciary committee(s) have a lot of work they should be doing...

[radiofreewill]

“not going to protect one staffer and sacrifice the guy this Pres. asked to stick his head in the meat grinder because of the incompetence of others.”

EW - This quote from Cheney suggests that the 'faulty' Intel was blamed on 'the incompetence of others,' and that Bush tasked Libby with 'fixing the facts.'

Is it possible that Libby was involved in the production of the WINPAC Memo and the two DIA Memos, after El-Baradei had exposed the forgeries on Mar 5, but before Bush invaded on the 20th, to 'keep the invasion alive'?

As Bush's Action Officer to explain the intel to Administration Critics, wouldn't Libby have been the driving force in producing all the documentation supporting the Bush/Cheney position?

Libby certainly had no problem getting the INR Memo ginned-up with all the info he needed to show linkage between Joe Wilson and his CIA wife.

He had the disengenuously written two and half page CIA Trip Summary Memo that could be used to show 'Wilson's sloppy work,' and he had Wilson's wife's employment at the CIA in the Counterproliferation Department to show nepotism was involved in sending Joe to Niger.

Bush, Cheney, Libby and Rove sure look to me like they were building a case for tagging the Wilson's as Political Operatives who were willing to distort the intel through 'incompetence and sloppy work' for political gain.

Cheney seems to have needed to distance himself from sending Joe before he was ready to 'spring' the sliming of the Wilsons, but Joe wouldn't let him get away with it and went public instead with his Op-Ed.

If Joe hadn't published, it seems a safe bet that blame for the bad intel, and the War, would have been layed right at the Wilson's feet by a smiling Bush and Cheney, with their minions Rove and Libby.

[TomJ]

Things that commutation don't erase:

0. Libby's 5th Amendment rights
1. Grand Jury and Trial testimony (considered true)
2. Libby's requirement to tell the truth under oath
3. Right of SP or USA to grant immunity,
4. Right of Congress to grant immunity,

Things changed:

1. How important this is to Bush/Cheney.
2. High road of rule-of-law, law enforcement chest thumping

Bottom line is that this gambit only works if Bush/Cheney thinks that this move kills the investigation. The truth is that the same situation can be recreated by offering immunity and asking the same questions of Libby.

We could say that the reason for prosecution is to put pressure on Libby. The actions of the president didn't relieve this pressure if we can trust the SP or Congress to continue with the obstruction.

[Jeff]

The Guardian column is truly a masterpiece. Just outstanding.

So did Amy Goodman tell you how she got your number? Hint hint: it came from the wilds of Canada.

One teeny tiny nit with the Guardian column: I believe the detail about Bush intervening to get Libby cleared publicly by the White House in fall 2003 was not in any trial testimony, but only in representations that defense counsel made to the court in some of the legal wrangling. I don't think they ever got a chance to prove it.

[rhfactor]

((((((( rh -- The biggest problem is that I live in Ann Arbor and PTV is in DC. ))))))

Okay, good. Now I know the obstacle. That's actually easy to solve. :)

In 2003 I was an extremely active Dean campaign volunteer, and created a number of new media resources, initially starting in San Francisco, then making these efforts national. One of these initiatives was called DEAN MEDIÅ TEAM, and the premise was simple: Form a nationwide virtual ad agency aligning volunteers with various skillsets all over the country -- from copywriters to illustrators to sound editors to cinematographers, directors, the whole spectrum. We lacked solid infratsructure as a lot of web tools were not "off the shelf" then, but through use of Forums, divided by states, with major cities as subcategories, people filled out their skills. By the time the actual infrastructure was there, it was December 03 -- and by end of Jan Dean was out. So, execution was limited. But we did produce one set of ads, delivered to the web, and onto DVDs... and eventually the Dean campaign ran a few in some of the states.

you can see the archive of it, still there at "Switch To Dean" -- and yes we were emulating the Apple ads of that time. http://www.switch2dean.com

Since that time I have been working on various other new media developments for Progressive-land, but my intent has always been to aim for mainstream America -- (it's my biggest pet peeve about blogosphere, but I shall shut up at moment :) Thus, this is why your commentary/ standups have been so impressive to me. You really have a very natural gift -- and everything I wrote earlier is true.

So... with all of that said, I am *not* stating "gimme a week, I'll find a camera crew in Ann Arbor" -- but that is my intent. And, at the same time, the quality that can be attained by webcams today is really impressive -- when published to YouTube etc.

One of the larger and more ambitious efforts is a National Townhall TV Network via YouTube and other new media systems including live streaming. I have been wanting to do this for years, because, fundamentally, I believe that polling, as a whole, is extremely flawed -- and squeezes away so much individual expression that the conclusions, averages, give misleading or distorted impressions of how people feel about the issues.

YouTube has now made this concept possible -- So this is a long complicated answer to your geographic note. Bottom line: Geography is no longer important when it comes to video. And that's THE NEXT STEP which the left has been very very slow in recognizing... For god's sake, it took this long to get Josh Marshall "on the air". And he's fantastic.

I've spoken to the people at that new network, (really a collection of micro-networks around very targeted areas), and they are hungry for engaging programming. Just a thought, but I can imagine your work on that multi-platform as well.

So, if you've ever caught any of my many many posts about "USE VIDEO DAMNIT!" at DailyKos and other places over the past 6 years, you'll know that I couldn't be more serious.

If you are going to YearlyKos, I would like to see if we could meet for breakfast one morn -- or at some other point. So, please drop me a note. And keep up the great great work. (What's it like having 10,000 people telling you all the time "you're amazing" ?)

Mr. rhfactor
rhfactorUSA at Gmail dot com

[Jodi]

Two parts here.

1. Libby's Appeal is still alive and will continue.

===>>> He does not have to and will do nothing that will jeopardize his case.

2. I read emptywheel's comments and heard John Dean speak and also the other comments about Libby coming before another grandjury with immunity (would that affect his conviction) or a Congressional Committee with immunity (likewise his conviction might be affected) and people here and elsewhere saying he would have to talk. He couldn't take the Fifth or plead executive immunity.

I can visualize the setting:

Mr Libby sitting quietly his hands folded. His wife behind him.

~Sir (or Sirs) I am a convicted liar. I thought I told the truth. A prosecutor and a judge and a jury determined I lied.
... at this time I realize that perhaps I am confused. It was a time of stress, and after working a most difficult stressful job for years perhaps I had a bit of a nervous breakdown, and am just confused about that whole period.
Therefore I must say that I am not sure I remember those events correctly, those little bits that I might think I remember.

My wife had thought perhaps I need some therapy. I am beginning to think I do, and am looking into it. But the trial and the appeals have kept me from it and have stressed me still further.

If you wish to ask questions, you may, but respectfully, I am not reasonably certain of anything.~

[John Tully]

I'm so proud to have posted that video last night;

I SPENT ALL DAY UPLOADING VIDEOS OF THE LIBBY ANNOUNCEMENT TO GOOTUBE

Matt Groening's "Angriest Dog in the World" comes to mind...

The best journalist in D.C., David Shuster, tells Countdown's Keith Olbermann the succinct scoop on the sudden announcement this afternoon by President Bush that he was commuting the 30 month jail sentence of the Vice-President's top aide: I. Lewis "Scooter" Libby for obstructing justice and lying to the F.B.I. numerous times in the Justice Department's investigation of who in the Bush White House intentionally leaked the name of an undercover C.I.A. agent, Valerie Plame, to punish her husband, former Ambassador to Iraq, Joseph Wilson, after he publicly criticized the Administration for invading Iraq under false pretenses.
LINK:
::::::

Then CHECK out Matthew Cooper tell Shuster his gooey take on Judy Miller's favorite story.
WITH MICHAEL ISIKOFF

Velly intelesting little fatman....

:::::

John Dean goes through the legal meaning of this afternoon's announcement by President Bush that he will commute Scooter Libby's jail time for lying and obstructing justice in the Justice Department investigation into who leaked the name of an undercover C.I.A. agent.
:::

This is sure to be an instant classic:
MARCY WHEELER GETS THE FACTS STRAIGHT ON HARDBALL
:::

With friends like these.
Sharpton and another bad Democratic pundit once again using knives at a gunfight.
Added bonus::
M. Floyd Scammington on to hilariously try and defend the Mayberry Machiavellians
SHARPTON AND NITWIT TRY TO USE REASON ON PROFESSIONAL KOOL-AID DRINKER
As I said to a DU-er, I'm simply pointing out the folly of Sharpton hosting Hardball the day Libby's jail time is commuted.
I would choose someone else to defend my very logical left-wing argument about this case. That nice lady wasn't very good either.
Note to Sharpton and other left-wing/dem/prog/libertarian/RON PAUL DUDES! pundits; these people are fucking insane;
Hit them where it hurts ;
Tell them they're hurting America with their defense of these crooks.
k?
:::

JOSEPH WILSON reacts ON COUNTDOWN WITH KEITH OLBERMANN
:::

And finally.
David Shuster eats Tucker Carlson's lunch, rolls Pat Buchanan and smokes him in a huge fatty.

Our Next Move?

JT

[Sheldon Laskin]

The premise that a commutation of sentence was necessary to preserve Libby's Fifth Amendment right not to testify is fundamentally flawed. It is true that Bush could have pardoned Libby for any and all crimes committed since January 20, 2001. Such a sweeping pardon would indeed have destroyed Libby's Fifth Amendment privilege. But Bush need not have granted a blanket pardon. Instead, he could have granted Libby a more limited pardon, for the specific offenses of which he stood convicted -- perjury and obstruction of justice in the Plame matter. Such a narrow pardon would not have destroyed Libby's Fifth Amendment privilege for other crimes. Besides, a Congressional committee could always grant Libby immunity from further prosecution if it chooses to do so.

I think Bush wanted to pardon Libby but he is so politically weakened that he chose instead to buy time for Libby through a commutation. This way, Libby stays out of jail until after the November '08 elections. Libby's friends will post the appeal bond, so he won't need to pay the fine now. And the Bar will defer disbarment proceedings until after the appeals are exhausted. By then, Election Day '08 will have come and gone and Bush will complete this cynical exercise by granting Libby a full pardon.

The Constitution must be amended so as to eliminate the President's power to pardon or otherwise reduce the sentence of any official who served in his Administration or any Administration in which the President served as Vice President. The latter provision would have prevented George I from pardoning Weinberger.

[Anon]

Marcy,

I have an "off topic-but related" comment. This Libby commutation stuff, in my view, is linked with the OVP and the failed budget-oversight process. Budgets could be used as Congressional tools to check the President; indeed, I have a problem with the DNC Committee Approach to budgeting. Perhaps, next time readers might have a chance to appear in the media, or discuss this with Conyers-Pelosi, could this issue get raised: Why don't the committees include -- in the bill they report out of committee -- budget line items that include "Zeros." This would be better than including budget number; then adding an amendments to change it to zero; and the Senate blocking the conference committee.

I say: Get the rules changed, and let's have the Speaker direct the committee Chairman to selectively zero-out bills. NO Amendments. Then force the GOP and President to block these bills: Once blocked, the President still gets nothing. I did not like what happened with the OVP budget cuts: The Amendment was turned down. Seems like there could be a solution.

I must admit, I am baffled: How is the GOP, as a minority in the Senate, able to do things to block bills that the DNC wasn't able to do? If the GOP can block a conference committee report, or induce the DNC to not zero-out the OVP budget, why wasn't the DNC able to do the same when it was the minority? I fail to see why the DNC minority could not have blocked, as the GOP is now doing, the senate conference committee report in re Patriot Act, Habeas Destruction, MCA, and other unconstitutional bills.

Anyway, FWIW: Ideas on going after OVP-EOP after the Libby Commutation: Target with zero-budgets anything related.

[Anon]

Fixing italics.

[limewire]

Hi, there!..
890861c3eb7a8268e49c35a8e549c323