by John M. Curtis
(310) 204-8700

Copyright October 29, 2005
All Rights Reserved.

alling on his sword, Vice President Dick Cheney's Chief of Staff I. Lewis “Scooter” Libby was indicted Oct. 28 on five counts of obstruction of justice, perjury and making false statements in the 22-month old Justice Department investigation into who leaked the identity of covert CIA operative Valerie Plame. Special Counsel Patrick J. Fitzgerald waited until the grand jury's last day before charging Libby, sparing White House Deputy Chief of Staff Karl Rove and Cheney a similar fate, pending further investigation. “It's not over,” said Fitzgerald, stating, “I'm not making allegations about anyone not charged in the indictment,” refusing to speculate on whether more indictments would follow. Libby took the rap for Cheney, doing his utmost to cover for his boss, kicking sand in Fitzgerald's face. If convicted on all five counts, Libby could face $1.2 million in fines and 30 years.

      Fitzgerald refused to speculate about why Libby blew smoke in the grand jury, or, for that matter, how the Plame affair related to the White House's flimsy rationale for war. Plame's husband, Joseph C. Wilson IV, criticized the White House July 6, 2003 in the New York Times for “twisting” intelligence to make its case for war. Libby's indictment confirms suspicions that key players in the White House, namely, operatives inside Bush and Cheney's offices, attempted to discredit Wilson for his unflattering remarks. It's unclear why the White House took Wilson so seriously to engage in criminal conduct. Fitzgerald couldn't deviate beyond a methodical case against Libby. It's easy to forget that Libby worked and took orders from Cheney. Over a year ago, Cheney told the grand jury under oath he didn't know Wilson or whether his wife worked for the CIA.

      When Fitzgerald examined all the facts, he possessed Libby's June 12, 2003 notes indicating that he got Plame's identity from Cheney, who received it from then CIA Director George J. Tenet. While not illegal for Tenet and Cheney to share classified information, it's obvious that Cheney played an influential role in retaliating against Wilson. Fitzgerald's job isn't to speculate about “why,” but he does have Cheney's grand jury testimony in which he denied knowing Wilson or Plame's identity. Whether Cheney knew Wilson personally is of no consequence. He knew (a) Wilson was the former Iraq ambassador, (b) he traveled to Niger for the CIA to investigate claims about Saddam buying uranium and (c) that Plame, a CIA agent, was Wilson's wife. “This indictment is not about the propriety of war,” said Fitzgerald, refusing to speculate about the “why” of Libby's actions.

      Cheney showed no remorse about his longtime friend and chief of staff disgracing the White House. He acted like a victim, denying for two years that anyone from his office was involved outing a CIA operative. “I have accepted [Libby's] decision with deep regret. In our system of government, an accused person is presumed to be innocent until a contrary finding is made by a jury after an opportunity to answer the charges and a full airing of the facts,” said Cheney, giving a civics lesson but showing no regret for what appears like criminal actions under his nose. If Libby's case goes to trial, Cheney will be no doubt forced to testify, threatening to expose what so far has been overlooked: His direct involvement in outing Valerie Plame. Libby's trial would be a PR nightmare for the White House, exposing all the players, including Rove and Cheney, in the whole mess.

      Underlings like Libby must take the wrap for their bosses. Bypassing Cheney puts all the blame on Libby, something that doesn't square with the facts. Cheney won't tip his hand because he knows that any and all statements would be scrutinized and used against him in court. “Libby was advised by the vice president of the United States that Wilson's wife worked for the CIA in the counter-proliferation division. Libby understood that the vice president had learned the information from the CIA,” said Fitzgerald in his 22-page indictment. Yet Fitzgerald has exclusively focused his charges on Libby. Cheney's prior statements to the grand jury don't jibe with Fitzgerald's assertion that he directly fed Libby the information about Plame. On June 23, 2003, Libby had his first conversation with New York Times reporter Judith Miller. Three weeks later columnist Robert Novak outed Plame July 14, 2003.

      Whether you're partisan or not, it's not fair that Libby takes all the heat for what looks like a calculated effort by Cheney to retaliate against Wilson for his unkind remarks in the New York Times. It's foolhardy to believe that Libby acted alone, by himself, without the wishes and instructions of Cheney. “It's a horrible situation for the vice president. Libby has been so close to Cheney,” said an unnamed lawyer involved in the case. “If there's one thing that's got to be open, it is a criminal trial and the vice president is a key witness,” exposing the risks to Cheney and Bush. Cheney can't be too comforted by Libby's criminal lawyer Joseph Tate, hinting at “the dog ate my homework” defense, somehow his client developed selective amnesia. When Libby goes to trial, there's going to be plenty of blame to go around, including whether he was just following orders.

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.

©1999-2005 Discobolos Consulting Services, Inc.
(310) 204-8300
All Rights Reserved.