CIA Leak Case,  Politics

CIA Leak Case Watch: Time to Withdraw the Libby Indictment

I. Lewis ‘Scooter’ Libby, Vice President Dick Cheney’s former chief of staff, walks to the U.S. District Court in Washington, Wednesday, Nov. 16, 2005, accompanied by his attorney Theodore V. Wells Jr., at rear.

The Washington Post has Woodward Could Be a Boon to Libby

The revelation that The Washington Post’s Bob Woodward may have been the first reporter to learn about CIA operative Valerie Plame could provide a boost to the only person indicted in the leak case: I. Lewis “Scooter” Libby.

Legal experts said Woodward provided two pieces of new information that cast at least a shadow of doubt on the public case against Libby, Vice President Cheney’s former chief of staff, who has been indicted on perjury and obstruction of justice charges.

The Washington Times has Woodward and the Plame affair

Moreover, perjury is not just lying under oath; it is lying under oath about something material. The other counts against Mr. Libby similarly depend upon a material misrepresentation of fact. In this case, the critical fact was that Mr. Libby heard of Mrs. Plame’s CIA employment from media, as well as from government, sources. The precise media source is irrelevant.

Mr. Fitzgerald could, of course, insist on proceeding with a criminal trial. However, in the interests of justice, and especially since the identity of a covert agent was not revealed in this case, he should simply drop the prosecution now. To paraphrase Gertrude Stein, it is increasingly evident that there is just no there there.

The Washington Times has Withdraw the Libby indictment

In light of these facts, it is at least doubtful whether a reasonable jury would find Mr. Libby guilty. Moreover, as argued by Washington lawyers David Rivkin and Lee Casey in an article appearing on today’s op-ed page, under the U.S. Attorney’s Manual provisions, no prosecution should be commenced unless the attorney representing the government believes that he has evidence that will probably be sufficient to obtain a conviction. Accordingly, Mr. Fitzgerald should do the right thing and promptly dismiss the indictment of Scooter Libby.

There is NO there – THERE.

As Flap has said in previous posts:

CIA Leak Case Watch: Woodward Claim on CIA Leak Disputes Charge

CIA Leak Case Watch: Charges Don’t Directly Address CIA Leak

CIA Leak Case Watch: Lack-Of-Memory Defense for Libby?

Fitzpatrick should drop this case before he embarasses himself and the Justice Department further.