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February 16, 2006
Evil Dick: Trigger Happy Cheney Leaked Plame Name
First, read this (Then we connect the dots below):
Cheney's remark on leak may help Libby
By Pete Yost
Associated Press
Published February 16, 2006
WASHINGTON -- Vice President Dick Cheney disclosed Wednesday that he has the power to declassify sensitive government information, authority that could set up a criminal defense for his former chief of staff, Lewis "Scooter" Libby.
Cheney's disclosure comes a week after reports that Libby testified under oath that he was authorized by superiors in 2003 to disclose highly sensitive prewar information to reporters. The information, about Iraq and alleged weapons of mass destruction, was used by the Bush administration to bolster its case for invading Iraq.
When special counsel Patrick Fitzgerald revealed Libby's assertions to a grand jury that he had been authorized by his superiors to spread sensitive information, the prosecutor did not specify which superiors.
But in an interview on Fox News, Cheney said there is an executive order that gives the vice president, along with the president, the authority to declassify information.
"I have participated in declassification decisions," Cheney said.
A legal expert, former Whitewater independent counsel Robert Ray, said Cheney's television appearance could foreshadow a Libby defense. He said Cheney's ex-chief of staff could point to authorization from his superiors as part of his strategy at trial.
On Oct. 28, Libby was indicted on five counts of perjury, obstruction and lying to the FBI about how he learned of the identity of undercover CIA officer Valerie Plame and what he told reporters about it.
A defense that Libby was authorized by superiors to leak sensitive data about Iraq would not appear to provide any help on the charge of making false statements.
But Ray noted that setting up defenses before a jury involves more than simply constructing legal arguments.
"You're trying to present a persuasive case that your client should not be found guilty," Ray said. "You're saying that even if my client did it, this is not a case that warrants conviction."
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Now Connect the dots:
1) Scooter Libby claimed under oath that he was authorized by superiors to leak classified information to reporters because:
2) Vice President Cheney (formerly Libby's boss) claims has "participated in declassifcation decisions" information in the past and that he has the authority to "declassify" information under an executive order by George Bush. In an exclusive interview with FOX News (duh), Britt Hume asked, "Have you ever done it ['declassify'] unilaterally?" Cheney responded "Uh, I don't wanna get into that." Ergo, Cheney's claim that he has authority to "declassify" is actually a claim that he has immunity to the crime of leaking classified information, since no official declassification procedures were followed when Cheney decided to "declassify" sensitive information to which he was privy.
3)This means Libby's lawyers are engineering a defense that Cheney gave the go ahead to leak Plame's name to reporters.
4) Ergo, Dick Cheney leaked Plame's name, and is ultimately responsible for deliberately exposing the non-official cover of a CIA officer (particularly heinous, perhaps, since it now appears that Plame had been working on Iran's nuclear proliferation issues, when Cheney outed her).
Yes, Cheney knew this was the perfect time to throw out his "I can declassify" claim. While the world is distracted by his having gone nuts with a shotgun ( after drinking beer -- remember he does have two DWI convictions under his belt, whereas Dubya only has one), hHis claim can now filter in, under the radar, to the back of the mind of the public consciousness, from which it might (might) later emerge with an air of legitimacy.
Had Cheney claimed "But I can declassify" two years ago, when Joe Wilson and Valerie Plame first went public and before the investigation that ultimately lead to Scooter Libby and Cheney's office, the American people might (might) have cried foul.
This will be interesting to watch...
Posted by MJuhre at February 16, 2006 10:25 AM