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Let's start with something we can agree on: Libby's crime that he was indicted for was created by the investigation - it didn't exist independent of the investigation, can we agree on that?
The question then becomes, what did he block, if block is what he did? Well, I'm sure stuff will come out in the trial, but you might want to have a look at the Senate Intelligence Committee report on this stuff to see what was cooking with former Amb. Wilson, what he reported, how he ended up getting to Niger, etc etc etc. You also may want to read the text of the Intelligence Identities and Protection Act of 1982 and the rules relating to agents, specifically that (if I recall correctly) it's a crime to blow an agent's cover IF the agent was undercover overseas in the previous five years. Ms Plame wasn't. So in terms of the underlying crimes - what technically can be charged as a crime under the applicable statutes - it's not clear there is something there or ever really was. I might be missing something here, and I'm sure Fitzgerald has plenty more we haven't seen yet, but so far that's what I see.
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Loquitor...according to the indictment: 1f....At all relevant times from January 1, 2002 through July 2003, Valerie Wilson was employed by the CIA, and her employment status was classified. Prior to July 14, 2003, Valerie Wilson's affiliation with the CIA was not common knowledge outside the intelligence community.
25. On or about September 26, 2003, the Department of Justice authorized the Federal Bureau of Investigation ("FBI") to commence a criminal investigation into the possible unauthorized disclosure of classified information regarding the disclosure of Valerie Wilson's affiliation with the CIA to various reporters in the spring of 2003.
27. Beginning in or about January 2004, and continuing until the date of this indictment, Grand Jury 03-3 sitting in the District of Columbia conducted an investigation ("the Grand Jury Investigation") into possible violations of federal criminal laws, including: Title 50, United States Code, Section 421 (disclosure of the identity of covert intelligence personnel); and Title 18, United States Code, Sections 793 (improper disclosure of national defense information), 1001 (false statements), 1503 (obstruction of justice), and 1623 (perjury).
28. A major focus of the Grand Jury Investigation was to determine which government officials had disclosed to the media prior to July 14, 2003 information concerning the affiliation of Valerie Wilson with the CIA, and the nature, timing, extent, and purpose of such disclosures, as well as whether any official making such a disclosure did so knowing that the employment of Valerie Wilson by the CIA was classified information.
29. During the course of the Grand Jury Investigation, the following matters, among others, were material to the Grand Jury Investigation:
i. When, and the manner and means by which, defendant LIBBY learned that Wilson's wife was employed by the CIA;
ii. Whether and when LIBBY disclosed to members of the media that Wilson's wife was employed by the CIA;
iii. The language used by LIBBY in disclosing any such information to the media, including whether LIBBY expressed uncertainty about the accuracy of any information he may have disclosed, or described where he obtained the information;
iv. LIBBY's knowledge as to whether any information he disclosed was classified at the time he disclosed it; and
v. Whether LIBBY was candid with Special Agents of the Federal Bureau of Investigation in describing his conversations with the other government officials and the media relating to Valerie Wilson.
Full text of the indictment.
The charge that Libby allegedly committed perjury in his grand jury testimony and providing false information in the FBI investigation would seem to me to potentiallly impede the focus of the investigation (as identified in clauses 27, 28 listed above, making clause 29 material as noted) and not as you stated, "exist independent of the investigation."
But as you said, "The rules governing what can and can't be discussed, when it can be discussed and with whom and on what terms are not very simple."
It seems to be that a participant in those discussion who would allegedly commit perjury and make false statements during the investigation would make it even more difficult to determine if laws regarding disclosure of classified information were broken.
Just my lay interpretation.
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"The perfect is the enemy of the good."
~ Voltaire
Last edited by dc_dux; 01-25-2007 at 09:22 PM..
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