Informed Comment

Thoughts on the Middle East, History, and Religion

Juan Cole is President of the Global Americana Institute

Tuesday, July 03, 2007

Libby was the Small Fish
Bush really Commuted the Sentences of Rove and Cheney



George H. W. Bush called those who leak the names of CIA operatives "the most insidious of traitors."



In his son's administration, CIA covert operative Valerie Plame's name was leaked to the press to punish her husband, Ambassador Joseph Wilson IV, for having blown the whistle on how the White House depended on fraudulent information about Iraq buying yellowcake uranium from Niger.

In the wake of the leak, this is how Bush responded:

On Sept. 29, 2003, the White House, through spokesman

Scott McClellan, said:

"If anyone in this administration was involved in it, they would no longer be in this administration."


We now know that Vice President Richard Bruce Cheney was highly "involved" in the effort to out Plame, as was Bush's political adviser, Karl Rove. By the lights of the 2003 statement, both should have been fired when this came out.

Cheney and Rove were running a vigorous campaign from inside the White House with that aim. Libby was acting at their behest.

So why hasn't Bush fired Cheney and Rove?

He flip-flopped and changed the grounds for firing someone in his administration to their having "committed a crime."

After the revelations of the identities of CIA operativeS by Philip Agee, Congress made outing agents a crime. But the law was vaguely worded, so you had to know the individual was a covert operative to be punished under the statute.

Some analysts have attempted to defend them on the grounds that they did not know that Plame was undercover, or that their repeated attempts to get journalists to out Plame were largely unsuccessful and she was actually inadvertently outed by then undersecretary of state Richard Armitage.

But they were trying to out her. Isn't trying to commit a crime a crime in itself? And, Rove did talk to Bob Novak, who was the reporter willing to leak.

As for claiming they didn't know she was undercover. I don't think that is an excuse, since they were in a position to ask the CIA that question and solve it. Wouldn't a prudent person have double-checked that item before dialing Judy Miller's number?

So Rove and Cheney claim not to have "broken the law." But that doesn't change how heinous their action was. They are, in George H.W. Bush's words, "the most insidious of traitors."

This flip-flopping on the grounds for which high White House officials would be fired allowed Bush to keep Rove and Cheney around even though they were clearly "involved" in the leak. In essence, his flip-flop was itself a way of commuting their own sentences of unemployment.

As for Libby's pardon, he was convicted of lying to a grand jury and obstructing the special counsel's investigation. Since Fitzpatrick could never have gotten to the bottom of whether crimes had been committed as long as key figures like Libby lied to him, Libby's crime was grave. The commutation of his sentence is a great injustice. It is not the first a Bush has committed.

Iran-Contra criminal Elliott Abrams, now a deputy National Security Agency adviser to Bush, essentially committed the same crime as Libby, though he only pled guilty to withholding information from Congress.

Abrams was pardoned by George H. W. Bush, and then his son hired him. Congress, which should have been permanently outraged by having been misled by Abrams, gave him a pass. A far rightwing Likudnik, he has been handling Palestine issues for Bush!

So, like father like son.

Except for that vision thing about the insidious traitors.

Basically, in Bushworld, high government officials are above the law, including all international law and most domestic. America is not nearly as much fun if you aren't rich.

----

Groupnewsblog says things about this matter in a language I could only aspire to..

For suggested action we all can take, see FireDogLake.

16 Comments:

At 5:03 AM, Blogger Jeremy said...

You wrote:

"As for claiming they didn't know she was undercover... Wouldn't a prudent person have double-checked that item before dialing Judy Miller's number?"

Beyond that, when you have a security clearance, and the access to classified material that comes with it, you are under an obligation to check out material to verify whether or not it is classified before blabbing to the press.

Failure to do that is grounds for losing your security clearance.

Not that Rove has to worry about that one, obviously.

 
At 5:04 AM, Blogger Christiane said...

I find this whole thing concerning Libby and Valery Plame really boring. They are all very small fishes. The real war criminals who should be tried for breaching the UN chart and the Geneva Conventions - aka invading a country who wasn't threatening the US - are Bush, Cheney, Rumsfels, Pearle, Wolfowitz and Co. Bush should be impeached, he is among the ones who lied to your country. All the others should be condemned to life imprisonnement for supporting Bush in his misdeeds. The Valery Plame affair is a distraction from the real crimes and the real criminals. This administration should bear responsibility for their crimes toward the Iraqis, the Afghanis and (in cahoots with Israel) to the Palestinians and the Lebanese.

 
At 7:59 AM, Blogger janinsanfran said...

There's a word much used in other parts of the world for this phenomenon of folks who can get away with most anything, who are not subject to the law: "impunity." Impunity is another one of those things we thought we didn't have in the US of A. But we do.

 
At 8:08 AM, Blogger montag said...

This illustrates my point that Mr. Bush does value habeas corpus.
I expect Mr. Libby's "corpus" to be readily delivered from the clutches of the justice system.

 
At 8:35 AM, Anonymous hbInBoston said...

as for: "So why hasn't Bush fired Cheney and Rove?" Bush cannot constitutionally fire his vice president. So we have a very curious situation here. A vice president--one of the most structurally weak offices in the government--has seized a huge amount of power and the president is a captive of this coup. And, as expected, captives tend to identify with their captors.

 
At 9:37 AM, Anonymous Anonymous said...

I would like your thoughts on a wag-the-dog Iran scenario from Bush

 
At 10:21 AM, Blogger Bill said...

Expect an equal protection claim for a pardon by Libby based on Abrams' case. "Applicant, perjurious, Likudnik nutball, respectfully requests equal treatment provided to other perjurious, Likudnik nutball, underSec of State Abrams."

 
At 10:36 AM, Blogger John Koch said...

The case against Scotter Libby was always an odd-shaped chip off a much larger iceberg. It is baffling that perjury about the outting of Plame got so much prosecutorial attention, while so many larger issues have prompted no investigations or indictments at all. Good grief, how was the "yellowcake" letter sourced and vetted? Why no hearings on the special offices set up to "enhance" WMD intelligence in favor of the war? Not a day goes by without some US official making a declaration or disclosure of factoids that appear more calculated to support continuation or expansion of the war, rather than to facilitate any wise decisions. As the old saying goes, truth is the first casualty of war.

 
At 10:44 AM, Anonymous Anonymous said...

Of course, a pardon for Libby is still an option just before Bush leaves the WH.

To avoid any further commutations/pardons, it might be a good idea to just investigate the hell out of everyone until Bush leaves office and then indict them all. That way Bush can't pardon them.

One thing I am unclear on: With all these resignations, why is it congress can't still call them to testify? Without fail, once they leave the employ of the government, they are no longer asked any questions. If you embezzel money while you work at a bank, and then quit, you can still be prosecuted. What's the difference?

 
At 10:48 AM, Blogger quixote said...

As a commenter at Josh Marshall's TalkingPointsMemo notes, Bush, by commuting the prison sentence, left Libby with a fine and probation at stake. That means he still retains the right against self-incrimination and can refuse to testify before Congress on what he knows about ... Bush and Cheney and Rove and the whole boiling of them.

The commutation, of course, ensures that Libby won't start to talk in any plea bargain to stay out of prison.

Convenient, huh?

 
At 11:55 AM, Blogger The Buffalo In The Midst said...

FWIW, You would get more prison time for marijuana in that same federal court.

 
At 12:16 PM, Blogger cognitorex said...

Libby's Pardon: America's Flag in Disgrace
.
Dick Cheney and George Bush are a disgrace to our country. They are skillful liars as are all psychopaths. In fact lack of concern for community or democratic values as in putting oneself above the law combined with habitual lying defines psychopathy. It defines Cheney and Bush.
I personally don't think Scooter is a psychopath on the order of Cheney and Bush. I believe he lived in an environment where lying and duplicity were practiced daily on the most egregious levels. Living in this environment day in and day out, he had little practical knowledge or experience that there could or might be even one possible iota of repercussion for bold faced lying. Lacking the snakelike skills of a Cheney or Bush he blew it.
That Scooter, the person, should not have to spend years in prison strikes a sympathetic chord with me.
That Scooter, the representative of an administration that adheres to no moral system in the pursuit of power and economic gain, should avoid justice makes me vomit.
I think we should fly all American flags at half staff until these mendacious psychopaths are escorted out of the White House, one way or the other. Better yet perhaps, would be to visit or demonstrate in D.C. and simply leave flags at the White House gates and the Supreme Court building. This, turning in of the flags, will represent that the Red, White and Blue is used only for propaganda by Bush, Cheney and the neocon party and it no longer represents American values. It has been disgraced.
Craig Johnson

 
At 2:36 PM, Anonymous Anonymous said...

Please, Bush was in on the outing of Plame, too! He most certainly gave the okay to the rest of the crooks, cheney, rove, and scooter.

 
At 4:26 PM, Blogger Bronson Burner said...

Regarding the statement that "Impeachment is off the table."

Excuuuuuse me, Ms. Pelosi, but did you or did you not take an oath to uphold the Constitution?

Well then, impeachment is on the table until the Constitution is amended.

 
At 4:40 PM, Blogger --Blue Girl said...

Well, now we know what he meant when he said that those who leaked would be "taken care of."

 
At 3:48 AM, Anonymous larkrise said...

Once the heat got turned on about the Valerie Plame affair, Bush/Cheney decided to fry a small fish, so that the bigger ones would get off the hook. Libby agreed to jump into the pan. He was told his legal bills would be paid, he would never spend a night in jail, and at the end of the day, he would receive a pardon. It worked nicely. Attention was redirected,the legal system worked, public opinion was mollified, and Libby will suffer nought. It has all been a con. Some involved were innocent of connivance in it, some were not. The real criminals, Bush, Cheney,and Rove avoid the light yet again, and any accountability for their actions. The Far Right gets to prattle and preen about how "ridiculous" it has all been, conveniently forgetting that real laws have been broken, real lives endangered, real intelligence lost. The actual cost to our intelligence service will not be known as long as Bush/Cheney are in office. The Media has almost totally ignored that issue. Make no mistake about it, I see this administration as a criminal enterprise, with leaders who have nothing but scorn and derision for the law and the American People.I see the Republican Party as enabling this travesty. I have taken several of the actions suggested on Firedoglake. What is important, is that others do so , as well. Large numbers of outraged voices can, at the very least, discomfit the party hacks. We need to light some firewords under Congress.

 

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