by John M. Curtis
(310) 204-8700

Copyright June 5, 2007
All Rights Reserved.

lanning his next duck-hunting trip, Vice President Dick Cheney let his former chief of staff I. Lewis “Scooter” Libby take the fall for lying about outing covert CIA operative Valerie Plame. Libby was sentenced March 6 for perjury and obstruction of justice and sentenced by Bush appointee, U.S. District Court Judge Reggie B. Walton to 30 months in federal prison. Cheney retaliated against Plame's husband former Iraq ambassador Joseph C. Wilson IV for accusing the White House of twisting intelligence July 6, 2003 on the Op-Ed page of the New York Times in the run-up to the Iraq war. On July 14, syndicated columnist Robert Novak outed Plame in his column. Wilson questioned Bush's claim in his 2003 State of the Union speech that Saddam tried to buy “yellocake” enriched uranium from Niger. Saddam's alleged arsenal of weapons of mass destruction served as the initial excuse for invading Iraq.

      Walton didn't pull any punches admonishing Libby for lying and obstructing a federal investigation into whom leaked Plame's name. While the leakers, including former Deputy Secretary of State Richard L. Arrmitage, White House chief strategist and Deputy Chief of Staff Karl Rove and Cheney, were never charged with a crime, Libby concocted a wild story, telling FBI agents and a grand jury that he learned Plame's identity from NBC Washington bureau chief Tim Russert, something Russert denied in court. Libby leaked Plame's identity to former New York Times journalist Judith Miller and Time Magazine writer Matthew Cooper before they met with Russert. Special counsel Patrick J. Fitzgerald had compelling proof of Libby's falsehoods, despite Libby's attorney Ted Wells blaming it on “faulty memory.” Wells couldn't convince a jury that Libby's memory malfunctioned.

      Cheney said he was “deeply saddened by this tragedy,” watching his former chief of staff thrown under the bus. Libby would have never outed Plame without Cheney's expressed orders. “I relied on him heavily in my capacity as secretary of defense and as vice president,” said Cheney, ignoring his role in Libby's fate. “The defense has indicated it plans to appeal the conviction in this case. Speaking as friends, we hope that out system will return a final result consistent with what we know of this fine man,” read Cheney's official statement. No one, including Cheney, told Libby to concoct a story about how he learned of Plame's identity. Instead of acknowledging that he heard it first from Cheney, Libby protected his boss and fabricated the story about Russert. Cheney seeks clemency for Libby but was adamant about throwing the book at former President Bill Clinton, when charged with lying under oath about his affair with White House intern Monica Lewinsky.

      Libby asked the court for mercy, citing his distinguished record of government service. “It is respectfully my hope that the court will consider, along with the jury verdict, my whole life,” Libby begged Judge Walton. Walton handed Libby a $250,000 fine and 30 month sentence. “He has fallen from public grace,” said defense attorney Ted Wells, adding, “It is a tragic fall, a tragic fall,” surprised by the verdict and Walton's sentence. “We need to make a statement that the truth matters ever so much,” said prosecutor Patrick Fitzgerald, refusing to comment after the sentencing. Libby's attorneys argued that jail-time was too harsh because Fitzgerald didn't charge anyone with violating the federal law protecting the identities of undercover agents. Fitzgerald insisted that Libby earned his punishment by making up stories and interfering with his probe into whom leaked Plame's name.

      Libby's defense team gambled on the theory that jurors would believe the faulty memory defense. Jurors couldn't reconcile Libby's prodigious memory managing Cheney's office with Wells' claim that stress caused honest differences in Libby's recollections. “No one was ever charged. Nobody ever pleaded guilty,” said attorney William Jeffers. “The government did not establish the existence of an offense,” blowing more smoke, since Libby was convicted of perjury, obstruction of justice and lying to federal investigators. Rove wasn't indicted because he had the sense not to fabricate stories about how he found out about Plame's identity. Libby became the highest-ranking White House official convicted since the Iran-Contra Scandal plagued the Reagan administration. Walton must decide now whether to allow Libby to remain free pending his appeal.

      Throwing Libby in the slammer does nothing to get to the bottom of the Valerie Plame affair. Walton went overboard fining Libby $250,000 and sentencing him to 30 months behind bars. Libby was Cheney's loyal underling, protecting his boss by making up stories and refusing to admit he acted on orders to out Plame. If Cheney really had any regard for his devoted servant, he would have testified at the trial and admitted Libby simply followed orders. “My hope and prayer is that his outstanding record, his many contributions to our country and his value as a citizen, will be considered carefully,” wrote former Defense Secretary Donald H. Rumsfeld, hoping Libby would be spared the indignity of prison. While President George W. Bush refused comment, he didn't rule out a presidential pardon. Bush walks a risky tightrope pardoning Libby before next years's presidential election.

About the Author

John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He's editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.

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