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

Vice President Dick Cheney’s chief of staff, I. Lewis ‘Scooter’ Libby walks from the White House on crutches, Friday, Oct. 28, 2005, to the Eisenhower Executive Building on the White House compound. Libby was indicted Friday on charges of obstruction of justice, perjury and making false statements in the CIA leak investigation, a politically charged case that could cast a harsh light on President Bush’s push to war.

The ASSociated Press has Libby Lawyer Outlines Defense in Leak Case.

The lawyer for Vice President Dick Cheney’s former top aide is outlining a possible criminal defense that is a time-honored tradition in Washington scandals: A busy official immersed in important duties cannot reasonably be expected to remember details of long-ago conversations.

Friday’s indictment of I. Lewis “Scooter” Libby alleges that as Cheney’s chief of staff he lied to
FBI agents and a federal grand jury. The case has been assigned to U.S. District Judge Reggie Walton, a nominee of
President Bush in 2001.

Libby, who resigned as soon as the indictment was handed up, was operating amid “the hectic rush of issues and events at a busy time for our government,” according to a statement released by his attorney, Joseph Tate.

This case is a disgrace to the federal justice system – just like the Martha Stewart case. 22 Months and over $70 million for these crap charges and no charge in ANY underying crime of leaking Valerie Plame’s CIA cover.

Ambassador Joseph Wilson and CIA Agent Valerie Plame Wilson hawking Wilson’s book

Flap recommends that Scooter Libby take this case to trial and beat Fitzpatrick and the rest of the over-prosecutorial gang at the Department of Justice.

“We are quite distressed the special counsel (Patrick Fitzgerald) has not sought to pursue alleged inconsistencies in Mr. Libby’s recollection and those of others and to charge such inconsistencies as false statements,” Tate continued.

“As lawyers, we recognize that a person’s recollection and memory of events will not always match those of other people, particularly when they are asked to testify months after the events occurred.”

The lack-of-memory defense has worked with varying degrees of success in controversies from
Iran-Contra to Whitewater.

Only one person went to prison in the Iran-Contra affair, although several people pleaded guilty to making false statements. President Clinton and his wife, Hillary, were cleared in the Whitewater investigation of fraudulent land deals in Arkansas, a subject well-suited to a lack-of-memory defense. The land deals took place a decade before they came under criminal investigation.

Tate referred to another possible line of defense, saying that “for five years, through difficult times, Mr. Libby has done his best to serve our country.” That argument worked in the administration of President George H.W. Bush in 1992, though not in court.

Bush pardoned those in government who had been implicated in the Iran-Contra criminal investigation. Among others, the pardons went to former Defense Secretary Caspar Weinberger, whose trial was scuttled

Flap handicaps that there will be no plea bargain and no conviction here after a showcase trial.

Unfortunately, Libby’s career in government has been tainted and dishonored but he will not be labelled a criminal or a liar like Fitzpatrick and others on the LEFT so eagerly wish to portray him.

After all, why would Libby release N.Y. Times reporter Judith Miller while in jail for contempt (for not releasing Libby’s name as a source) from her journalistic promise (not to release the nameof her sources) to later have her testimony before the grand jury hang him with a perjury charge? This makes NO sense at all.

And neither does the government’s prosecution…….

Stay tuned……..