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Today's Stories

Peterside, Ogon, Watts and Zalik
Delta Blues Again: Ken Saro-Wiwa, 10 Years Gone

Lawrence R. Velvel
Why Did Libby Lie?

November 9, 2005

Gary Leupp
The Niger Deception / Plame Affair: an Incomplete Chronology

Tariq Ali
Blair Defeated on Terror Laws

Chris Floyd
The Philosopher's Stone

Elaine Cassel
The Shocking Trial of an American Citizen: the Case of Ahmed Abu Ali

Joshua Frank
Sen. Max Baucus's NASCAR Pay Day

Alison Weir
Memo to Jon Stewart: Glad You're Against Torture, So Why'd You Give Israel a Pass?

Diana Johnstone
Rage in the Banlieue


November 8, 2005

Paul Craig Roberts
Still No Jobs

Roger Burbach
Bush v. Chavez: the Imperial President Meets the Bolivarian Democrat

Ron Jacobs
An Interview with Behzad Yaghmaian on the Paris Uprising

Ralph Nader
"The Worst Marketed Disease on the Planet"

Jim McGrath
Voter Beware: a Cautionary Tale for Election Day

David Bloom
McCain, Israel and Torture: Setting the Record Straight

Stan Goff
Jimmy Massey, Ron Harris, and Ambush Journalism

 

November 7, 2005

Dick Reavis
The Origins of Mr. Danger

Jason Leopold
Cheney and the Cover Up: the Vice President Lied

Dave Lindorff
What Country was Bush Talking About?

Eli Stephens
A Tale of Two Generals: the Lies of Colin Powell

David Swanson
The Bush-Cheney Ethics Refresher Course: a Syllabus

M. Junaid Alam
An Interview Stan Goff

Matt Reichel
Paris Uprising: a Rebellion in Real Time

Naima Bouteldja
Paris is Burning

Jeff Halper
Israel as an Extension of American Empire

Website of the Day
Dispatches from Paris

 

November 5 / 6, 2005

Alexander Cockburn
Storm Over Brockes' Fakery: Guardian Fabricates Chomsky Quotes

Lawrence R. Velvel
Lying, Law Schools and Executive Power: What Senators Should Ask Alito

Diana Johnstone
Srebrenica: a Response to Certain Criticisms of My Essay

Roosa / Nevins
The Mass Killlings in Indonesia, 40 Years Later

Niranjan Ramakrishnan
Missing the Bus: When Conscience Bows to Calculation

John Ross
The Zapatistas' Otra Campaign for Mexico's Presidential Elections

Mike Whitney
Globalizing Sadism: the United States of Torture

Mark Engler
Will Big Business Turn On Bush?: the Economic Nightmare Unfolds

Juliano Mer-Khamis
They Shoot at Children, Too

Ron Jacobs
When Gen. Westmoreland Visited

Jill S. Farrell
Bird Flu and the Posse Comitatus Act

Missy Comley Beattie
Trent Lott's Untroubled Sleep

Mitchel Cohen
People of the Dome, Revisited

Evelyn J. Pringle
Bush-Cheney and Big Oil's Big Summer

Reza Fiyouzat
Signs of Life or Last Gasp? Structural Problems in the Democratic Party

Charles Sullivan
When Courage Fails: a White Southerner on Rosa Parks

Zachary Richard
Return to Louisiana

Ben Tripp
Beginning of the End? Don't Start Cheering Just Yet

St. Clair / Vest
Playlists: What We're Listening to This Week

 

November 4, 2005

Jeffrey St. Clair
Blood on the Tundra, Betrayal in the Rotunda: Losing ANWR

Dave Lindorff
A Majority Now Favors Impeachment: If He Lied, He Must Be Tried

Phillip Cryan
Crackdown in Colombia

Christopher Brauchli
Katrina and Tax Breaks for the Very Rich

William S. Lind
Exit Strategy: You Can't Stay the Course in a Lost War

Daryl G. Kimball
Of Madmen and Nukes

George Beres
Laurels for Negroponte?

Peter Montague
Why We Can't Prevent Cancer

 

November 3, 2005

James Petras
The Libby Affair and the Internal War

Saul Landau
Torn Families and Shot Down Planes: a Cuba Story

Rep. Cynthia McKinney
An Occurrence at Gretna Bridge

Michael Dickinson
Bang! Bang! You're Deaf! Sonic Weapons Over Palestine

Joshua Frank
Sham Behind Closed Doors

Remi Kanazi
Dancing with Perseverance

Reza Fiyouzat
Taxation or Racketeering?

Website of the Day
CIA Leak Investigation: Bigger Fish, Deeper Water?

 

November 2, 2005

Cockburn / St. Clair
Holy Alito!: Not as Crazy as Scalia, But Just as Bad

Robert Oscar Lopez
Saving Rosa Parks from American Hypocrisy

John Walsh
The Philosophy of Mendacity: From Leo Strauss to Scooter Libby

Brian J. Foley
Why Most Americans Don't Care About Gitmo (and Why They Should)

Ramzy Baroud
Rolling Back Syria

M. Junaid Alam
What Moral Values?

Todd Chretien
Judgment Day for the Governator

Bruce K. Gagnon
The Democrats' Slap Happy Day

Website of the Day
Hands Off Dave!

 

November 1, 2005

Ron Jacobs
An Interview with Kent State's Dave Airhart

Gary Leupp
The Plame Affair Leads to Rome

John Ross
Days of the Dead on the Border

Bill Quigley
Why Are They Making New Orleans a Ghost Town?

Joseph Nevins
From a Boundary of Death to One of Life

Dave Lindorff
Thinking About Impeachment

Linda S. Heard
Bashing Syria: Another Trojan Horse from the UN?

Heather Gray
Thank You, Mrs. Parks

Michael Dickinson
To Di For: Charlie and Camilla Cross the Pond

Jeffrey St. Clair
Kent State: Wise Up and Back Off

 

October 31, 2005

Elaine Cassel
Libby's Lies

Mark Weisbrot
Pop Goes the Bubble: Bernancke and the Fed

Mike Whitney
Carry On, Patrick Fitzgerald

Norman Solomon
After the Libby Indictment, the Press Acquits Itself

Farooq Sulehria
Trading Weapons While Kashmir Burns

Nicole Colson
Scapegoating Immigrants

Madis Senner
Dhafir Sentenced to 22 Years: Another Erosion of Civil Rights

Paul Craig Roberts
Scooter and the Neocons


October 29 / 30, 2005

Cockburn / St. Clair
The Libby Indictment: Gotterdammerung for the Bushies?

Peter Linebaugh
The Wedges of Hephaestus

Tim Wise
Framing the Poor: Katrina, Conservative Myth-Making and the Media

John Chuckman
Bushspeak: Dark and Garbled Words

Steven Higgs
Green Hoosiers: Forging a New Democracy in the Heartland

Brian Cloughley
The Fifth Afghan War

M. Shahid Alam
Israel and the Consequences of Uniqueness

Nikki Robinson
Crack Down at Kent State

Ralph Nader
Let the PIRGs Begin!: Student Activism Thrives

Joe DeRaymond
Requiem for Bethlehem Steel?

Joshua Frank
Karl's Great Escape: Did Rove Rat on Scooter?

Laura Santina
Tongue-Tied on Iraq: Why Aren't the Dems Screaming Bloody Murder?

Fred Gardner
Death of an Organizer

Michael Dickinson
Insult Your Country

Ron Jacobs
Autumn in America

Dr. Susan Block
Fear and Sex: a Halloween Greeting

Vanessa S. Jones
Self-Portrait, 1994. Bronte Beach

Jeffrey St. Clair
Playlist: What I'm Listening to This Week

Poets' Basement
Marbet, Gardner, Ford, Albert, Engel, Krieger & St. Clair

Website of the Weekend
Red State Update

 

October 28, 2005

Jared Bernstein
Inflation Up; Wages Down: Fastest Decline in Wages on Record

Virginia Tilley
Embracing the Anti-Aparthied Movement in Israel/Palestine

Phil Gasper
The Race to Execute Tookie Williams

Jennifer Matsui
It's Mardi Graft Time!

Manual Garcia, Jr.
Is the US Really Against Torture?

Monica Benderman
In the Name of Justice

Jason Leopold
Fitzgerald Focuses on the Forgeries

Dave Lindorff
Suddenly, Bush Endorses Right of Fair Trials


Otober 27, 2005

Saul Landau
The Scandal Isn't the Leak, But the Illegal War

Stuart Hodkinson
Bono and Geldoff: "We Saved Africa" Oh No, They Didn't!

Ingmar Lee
Stop the Troops!: No Glory or Honor in Iraq

Lila Rajiva
License to Bill: Gates Does India

Ilan Pappe
The Last Moment of Hope

Niranjan Ramakrishnan
Waiting for Fitzgerald

Michael Donnelly
Look Who's Talking Now: the GOP on Perjury

Ron Jacobs
Escape the Weight of Your Corporate Logo

Cockburn / St. Clair
White House in Meltdown

 

October 26, 2005

Kathy Kelly
For Whom They Toll

Gary Leupp
Dialectics of the Plame Affair

Mike Marqusee
Empire of Denial

Eric Ruder
War Crimes in Afghanistan

Patrick Cockburn
Iraq: a Constitutionally Divided Nation

Joshua Frank
Fitzgerald v. the Bushies: Hold Your Elation in Check

J.L. Chestnut, Jr.
The Legacy of Rosa Parks

Website of the Day
Decent Work in America: the 2005 Work Environment Index

 

 

October 25, 2005

Paul Craig Roberts
Condi and Syrian Regime Change: Could Somebody Recommend a President?

Ken Sengupta / Patrick Cockburn
Attack on the Palestine Hotel

Conn Hallinan
Sleight of Hand: Iran, India and the US

Nafeez Mosaddeq Ahmed
Pulling the Court Strings

Jackie Corr
Barbara Bush: Poster Gorgon of the Houston Astros

Robert Day
Talk to Strangers

John Sugg
Judith Miller and Me

 

October 24, 2005

Dave Lindorff
Revoke Judy Miller's Pulitzer

Michael Donnelly
Shades of Iran/contra

Patrick Cockburn
A Nation Stands on Trial

Mike Whitney
Apres Rove

Norman Solomon
Iraq is Not Vietnam, But...

Bill and Kathleen Christison
US Foreign Policy and Palestine

 

October 22 / 23, 2005

Alexander Cockburn
When Divas Collide: Maureen Dowd v. Judy Miller

Billy Sothern
Letter from the Circle Bar, New Orleans

Saul Landau
Bush, an Assessment

Ralph Nader
An Open Letter to Bush on Harriet Miers

Behrooz Ghamari
Whose Justice Does Saddam's Trial Serve?

Brian Cloughley
Bush the Strategist: Pyrrhus Without a Victory?

Diana Barahona
Venezuela's National Workers' Union

Fred Gardner
Dershowitzed!

Lee Sustar
What the War on Terror is Really About

Patrick Cockburn
Murder of Saddam Trial Defense Lawyer

Laura Carlsen
Mexico City Seamstresses Recall 1985 Quake

James Petras
China Bashing and the Loss of US Competitiveness

Joshua Frank
Invading Iran: Who is to Stop Them?

Manuel Garcia, Jr.
Disasters are Us

Michelle Bollinger
When Abortion Was Illegal

Missy Comley Beattie
CSI: Iraq

Kona Lowell
Intelligent Design: Making High School Fun

Ben Tripp
Tanks for the Memories

Jeffrey St. Clair
Playlist: What I'm Listening To This Week

Poets' Basement
Albert and Engel

Website of the Day
Indictment Watch

 

October 21, 2005

Dave Lindorff
The Democrats' Abortion Hypocrisy

Winslow T. Wheeler
Paying for Their Mistakes: Incompetence, Deception and the Defense Budget

Col. Dan Smith
The Destruction of the National Guard

Norman Solomon
Media at Crossroads: 25 Years After Reagan's Triumph

Madis Senner
Abusing Katrina

Michael Donnelly
Richard Pombo: DeLay in Cowboy Boots


October 20, 2005

Dave Lindorff
Impeachment Comes to NYC

Ray McGovern
16 Fatal Words: Cheney's Chickens Come Home to Roost

Jeremy Brecher /
Brendan Smith

Attack Syria? Invade Iran?: By What Constitutional Right?

Patrick Cockburn
Saddam Refuses to Recognize Court

Kevin Zeese
Was the Iraqi Constitution Vote Fixed?

Ross Eisenbrey
Millions Would Lose Pay and Protections Under Enzi Amendment

Randy Shields
James McMurtry Makes It in Dayton

Justine Davidson
Prosecuting Bush in Canada for Torture: a Small Victory

After Lucas Cranach
Judy and Holofernes

Joe Allen
The Scandalous History of the Red Cross

 

October 19, 2005

Christopher Reed
Koizumi and the Rape of Nanking

Stephen Soldz
Bush and Avian Flu: the Excuses Begin to Fly

Chet Richards
War and Intelligence

Patrick Cockburn
Saddam on Trial

Scott Richard Lyons
Multicultural Columbus?

Ralph Nader
An Interview with Rev. William Sloane Coffin

Website of the Day
Shocking Video: Why Birds May Be Taking Viral Vengeance on Humans

 

October 18, 2005

Chet Flippo
Merle Haggard: "Let's Get Out of Iraq"

Ron Jacobs
Dual Devotions: the Catholic Church and the US Flag

Keeanga-Yamahtta Taylor
A Tale of Two Cities: From DC to Toledo

Dave Lindorff
Judy Miller: Little Miss Run Amok

Virginia Rodino
A Winter Patriot: Reflections on the Antiwar Movement

Thomas Healy
The Weather in Goshen: Still Radical After All These Years

Ralph Nader
A New New Orleans

Stephen Lendman
The Sorrows of Haiti

Patrick Cockburn
On the Eve of Saddam's Trial: a Divided Iraq

 

October 17, 2005

Peter Linebaugh
Spinoza and the Black Limos

Norman Solomon
Judith Miller, the Fourth Estate and the Warfare State

Cockburn / Sengupta
"If the Sunnis Don't Like It, That's Their Problem"

Mike Whitney
Miller's Confession: Last Gasp Before Indictments?

Uri Avnery
Iraq Now: What Awaits Samira?

Harold Pinter
Torture & Misery in the Name of Freedom

Website of the Day
Al Joudi v. Bush

 

October 15 / 16, 2005

Alexander Cockburn
Ayatollahs of the Apocalypse

Patrick Cockburn
"This Constitution Won't Get Me a Job"

Saul Landau
Two Terrorists and a Lush: Osama, Posada and Bush's Drinking

Neve Gordon
"Beyond Chutzpah": Exposing Grave Moral Distortions

Moshe Adler
Poverty in New York City

Christopher Brauchli
Lynndie England's Burden

Diane Farsetta
The Emperor Doesn't Disclose: the Fight Against Fake News

Sam Husseini
Notes on Current Reporting About Judith Miller

Monica Benderman
From Chaos to Conscience to Peace

Mickey Z.
POW Abuse by US: Nothing New Going On Here

Douglas C. Smyth
George W. Bush, the Honorius of Our Time

Lee Sustar
Will Delphi Bust the UAW?

Fred Gardner
Cannabinoids Arrive in Realm of Established Fact

Elizabeth Schulte
A Former Panther's Georgia Campaign: an Interview with Elaine Brown

Joshua Frank
Will the Democrats Save Harriet Miers?

David Vest
Down with Formalism! Up with Values!

Ben Tripp
Epistle II: the Reawakenign

Poets Basement
Engel, Albert, Ford and Louise

Website of the Weekend
The Hidden Canyon

 

October 14, 2005

Farrah Hassen
A Somber Ramadan in Syria

Ron Jacobs
The Black Panthers: They Haven't Forgotten; Neither Should We

Sasha Kramer
USAID and Haiti: the Friendly Face of Imperialism?

Katrina Yeaw
The Student Struggle in Italy

Nicole Colson
Bird Flu: Militarizing Health Care

Raúl Zibechi
Survival and Existence in El Alto

Nikolas Kozloff
Hugo Chávez and the Politics of Race

Website of the Day
LA Filmmakers Cooperative


October 13, 2005

Jeremy Scahill
Mr. Bush Goes to Tikrit (Sort Of)

Jeff Birkenstein
A Thoreau for Our Time: Why Cindy Sheehan Matters

Brendan Smith / Jeremy Brecher
Harriet Miers: Bush or the Constitution?

Stan Cox
Did You Know This About Iraq?

Anis Memon
The Curious Case of Russ Feingold

Gary Leupp
Miller, Libby and the June Notes

Dave Zirin
A Tribute to August Wilson

Matthew Koehler
America's Endangered Forests

Werther
The Two-Headed Monster

Website of the Day
Hurricane Song


October 12, 2005

Omar Waraich
Britain and the Quake: Mean and Stingy

William Cook
Voices Behind the Entombment Wall

Phil Gasper
Countdown to a Legal Lynching

Dave Lindorff
Impeachment Now and Then: Clinton, Bush and the Polls

Matt Vidal
Capital, Power and Class

John Gautreaux
New Orleans will Never be the Same

Diana Johnstone
Srebrenica Revisited: Using War as an Excuse for War

Mark Weisbrot
The IMF Has Lost Its Influence

Brian J. Foley
Gitmo Tribunals Endanger Public Safety

Website of the Day
Columbus Day Lies

 

October 11, 2005

Roger Morris / Steve Schmidt
Strategic Demands of the 21st Century

Lila Rajiva
Live from New Orleans: Abu Ghraib

Bill Quigley
New Orleans: Leaving the Poor Behind Again

Paul Craig Roberts
Natural Born Liars

Dave Lindorff
Recruiters in Schools: No Lie Left Untried

Dr. Teresa Whitehurst
Suspect Thy Neighbor

Mitchel Cohen
Showdown at Chuck E. Cheese

Tariq Ali
Pakistan will Never Forget This Horror

Website of the Day
L'Heure Americaine

 

October 10, 2005

Cindy and Craig Corrie
Rachel's Words Live

Joshua Frank
Washington's War Dems

Gideon Levy
The Beautiful Life Without Arafat

Alan Wallis
The Fight for Free Speech at Union Square

Mickey Z.
In Defense of Liars

CounterPunch News Service
Vermont Independence Convention

Paul Craig Roberts
The Police State is Closer Than You Think

Website of the Day
Dylan's Chronicles

 

October 8 / 9, 2005

Alexander Cockburn
Rhetoric and Reality in the Business of Getting Rid of Black People

Ralph Nader
Katrina and the Growls of Greed

Jennifer Van Bergen
New American Law: Legal Strategies in the Dharfir Case

Saul Landau
An Oily Religious Dream

Jeff Halper
Setting Up Abbas

Lenni Brenner
The Millions More Movement and Zionism

Nikolas Kozloff
Bird Flu and Bush

Brian Cloughley
Training Soldiers in Iraq

Alice Slater
A Nobel Prize for Chernobyl?

John Gautreaux
A View from Cajun Country

Fred Gardner
Does the Controlled Substances Act Mean What It Says?

Niranjan Ramakrishnan
The Leveethan Approach

M.G. Piety
Rot in the Ivory Tower: Collusion, Cover-Up and Kierkegaard

Tom Gorman
The Hitchens Doctrine

Mike Whitney
Bunker Days with George

Aseem Shrivastava
Beyond the Wasteland: Lessons from Afghanistan

Ben Tripp
Religion, an Epistle

Poets' Basement
Albert, Engel and Ford

 

October 7, 2005

Larry Johnson
The Plame Case: the Real Issues

Will Youmans
Why Do We Hate Our Freedom? Recruiters and Thugs on Campus

Dave Lindorff
Bird Flu: Evolution or Intelligent Design?

Judith Scherr
Haiti's Children's Prison

Russell D. Hoffman
Nukes for Peace, Revisited?: Nobel Prize Debacle

Jared Bernstein
Katrina and Jobs

Jennifer Van Bergen
New American Law: the Case of Dr. Dhafir

Website of the Day
FBI Witchhunt


October 6, 2005

P. Sainath
"Take That, Tom Friedman": Indian Masses Reject NYT's Neoliberal Idol Again

Scott Parkin
When Antiwar Activists Get Mugged

Paul Craig Roberts
Blundering into Syria

Andréa Schmidt
Haiti's Biometric Elections: a High-Tech Experiment in Exclusion

Dave Lindorff
Easy Money in the Big Easy

Joshua Frank
In Defense of Lew Rockwell

M. Junaid Alam
Jackboots at George Mason

Matthew Koehler
Cock and Bull on the Bitterroot

Robert Pollin
Is the Dollar Still Falling?

 

October 5, 2005

Heather Gray
Militarization is Not an Answer for Reconstruction: the Case of the Philippines

Robert Jensen
Is Bush a Racist?

Ramzy Baroud
Bush's Final Choice: America or the Empire

Col. Dan Smith
Keeping Promises to Iraq: "Everything is Bad"

Dave Zirin
Barry Bonds Laughs Last

Paul Craig Roberts
Liberal Guilt? How the Neocons Took Over

Alan Maass
Doing the Right Wing's Dirty Work

 

October 4, 2005

Nikolas Kozloff
Shocking the Two Party System: a Political Opportunity for Sheehan and the Antiwar Mvt.

Mike Roselle
Houston, You've Got a Problem

Joshua Frank
The Scoop on Harriet Miers

John Chuckman
War Porn: What the Gruesome Images Say

Alan Farago
Storm Warning for Jeb: Developers, Hurricanes and the Keys

Mickey Z.
An Interview with Thaddeus Rutkowski

Christine & Ethan Rose
Home Depot Exploits Hurricane Victims

Gary Leupp
An Earlier Empire's War on Iraq: a Lesson from Roman History

Website of the Day
Rodney Crowell on Bob Dylan

 

October 3, 2005

Vijay Prashad
Desperation at Holyoke

Paul Craig Roberts
Condi Rice: Gunslinger

Joshua Frank
An Interview with Cindy Sheehan

Seth Sandronsky
The Hiring Crisis for Black Teens

Jeffrey St. Clair
The Great Green Scare

 

 

 

 

 

 

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November 10, 2005

How Much Does Fitzgerald Really Know?

Why Did Libby Lie?

By LAWRENCE R. VELVEL

In the I. Lewis "Scooter" Libby case I shall assume that the matter is as the indictment charges. As Prosecutor Patrick Fitzgerald said, of course, perhaps Libby will be found innocent of the charges [obstruction of justice, making false statements, perjury] at a trial. Or, perhaps more likely, there could be the de facto equivalent of the Scotch verdict of "not proven," i.e., a jury might return a "not guilty" verdict because, while it thinks Libby is guilty, it doesn't think this beyond a reasonable doubt. Be all this as it may, it shall be assumed here that the charges are true. The grand jury testimony by Libby that Fitzgerald quoted near the end of the indictment is a dramatic illustration that this assumption is not crazy. To the contrary.

Assuming the truth of the indictment, the question immediately arises of why did Libby, vice president Cheney's chief of staff, do it? Why did he invent an easily pierced cock and bull story, and why did he think he could get away with it?

His reason for thinking he could get away with it could well be the supposed existence of a reporter's privilege not to reveal confidential sources, and reporters' felt duty to protect their sources. One would guess that Libby felt that the big shot reporters whom he told about Valerie Plame--Tim Russert of NBC, Judith Miller of the Times, and Matthew Cooper of Time -- would never talk to the prosecutor because of the presumed reporters' privilege. He may also have felt -- it would have been logical to feel -- that the prosecutor would never take on these reporters about their invocation of privilege, especially because they were part of large organizations which had the deep pockets necessary to fight the prosecutor in court and totally thwart or at least lengthily delay him -- a scenario that eventually occurred.

But this does not answer all the questions. It tells us only why Libby felt he could get away with his cock and bull story, either completely or, at minimum, for a considerable period of time. But why did he do it in the first place? What motivated him?

The answers here would seem to be fairly obvious. Libby is a sophisticated lawyer, it is said. If I remember correctly, he even headed the Washington office of a significant national law firm for a while. For a guy like him to make up a cock and bull story that could land one in jail for decades, the stakes had to be pretty high, high enough so that he would risk falling on his sword. Sure, if the reporters never talked, he would be home scot free. But if they did ultimately talk, he was in big trouble. Yet he took the risk, because the stakes were high.

The stakes must at least have involved the continuing viability of Dick Cheney. Cheney's office was trying to smear and discredit Joseph C. Wilson IV, whose report had itself discredited the story about Niger uranium. Lots of people in Cheney's office were told of and were discussing Valerie Plame Wilson. Cheney himself knew about her early-on in the game. There was also the mysterious airplane conversation about her among Cheney and his staff on the way back from Norfolk -- a discussion whose contents are still publicly undisclosed. Cheney discussed her with Libby. And Cheney supposedly did not know what was going on, did not know that his people were trying to discredit Joseph Wilson by getting at his wife? Gimme a break. It's not as if Dick Cheney is a nice guy rather than a savage partisan, you know.

So, at minimum, Libby, a guy who has thus far shown the uncompromising if totally misguided loyalty of a Gordon Liddy, was protecting Dick Cheney. He may also have been protecting George Bush. Bush's name has not yet figured much in the story. Conceivably it never will, unless much more becomes known than is currently public. The man is very good at having others take the fall for what he must have known about and must have approved because he thought it useful -- as the torture debacle proves in spades. Also, Bush and Cheney talk a lot (and Libby too was part of Bush's close inner circle, was someone to whom Bush often talked). The idea that Bush knew from nothing about all of this stuff that bore on his false justifications for war, and on the effort of Cheney's people to prevent one of his false justifications from successfully being ripped apart, sounds just a little precious to me. (It may sound that way to some others too, since one lengthy news report took the trouble to interject that, on Friday, October 28, the day he announced the indictments, Fitzgerald had been seen outside the office of the apparently secretive Washington lawyer whom Bush has hired to represent him in this matter, the mysterious James Sharp.)

And then there is also the matter of the 2004 election, a point made by the columnist Tom Oliphant (an unabashed Democratic partisan who nonetheless seems to have hit upon something here). Fitzgerald said -- one did not take him literally, but the point probably is broadly true -- that were it not for Libby's lies, he would have brought a case not in October 2005, but in October 2004. But a prosecution in September or October 2004 would have been based on the substantive criminal act of outing Valerie Plame Wilson. Remember, we are assuming that Libby -- and nobody else either, I would add -- did not lie, so the prosecution would not have been one for perjury and false statements, but one for the substantive crime of outing a CIA officer. This does not exactly comport with Fitzgerald's failure to charge a substantive crime against Libby , but it was what Libby would have had to fear had he not lied (and it could still happen, a point to which we return below).

A prosecution against members of this administration for outing Plame Wilson -- a prosecution that possibly could have been against Cheney too, not just against Libby, and possibly against Rove also, and maybe even against Bush as well -- would have been disastrous for Bush's reelection campaign. It likely would have spelled defeat for Bush and victory for Kerry. This result, Libby would have figured, had to be avoided at all costs. So he stonewalled by lying to the FBI and to the grand jury. By stonewalling through lying, he would defeat even the possibility of a prosecutorial action, or at least would delay any such possible action until long after the election, as occurred. The election, and the return to office of Bush, Cheney and company, was indeed a stake worth falling on one's sword for. Moreover, even if Libby were convicted long after the election, if Bush won there was always a possibility of a subsequent corrupt pardon (ala Bill Clinton and ala Reagan's pardon of Casper Weinberger, who covered up for that Administration, including the first George Bush). The possibility of such a pardon was hardly diminished when Bush spoke glowingly of Libby after the indictment.

So, when one asks why Libby lied, what motivated him to make up his cock and bull story, the likely answers do not seem so hard to fathom. Libby was covering up for Cheney, may well have been covering up for Bush too (whose small inner circle he was a part of), and very likely was saving the election for Bush, Cheney and company. These were stakes worth the candle. One should note, moreover, that if Libby lied in order to ward off a Kerry victory, this would mean that Bush was elected the first time by the Supreme Court and the second time because of lies and perjury. This would not speak well for our system, would it?

Which leads, of course, to the question of what does Fitzgerald know about the underlying motivations behind what happened.

Fitzgerald repeatedly said at his press conference that he was saying nothing and charging nothing about the underlying crime (or not) of outing Valerie Plame Wilson. Yet, both at his press conference and in his press release he kept stressing that, before charging a crime here (or anywhere, I take it), the prosecutor needs to know why something was done, what was the purpose of it. Of course, one might say -- Fitzgerald would and in effect did say -- that purpose is irrelevant to the charges of false statements and perjury; those acts are in and of themselves culpable because, as Fitzgerald said, they prevent the prosecutor from learning the underlying purpose behind the substantive acts.

Yet surely Fitzgerald knows something, must indeed know quite a bit, about such underlying purpose -- the whole damn country understands the purpose of discrediting Joe Wilson by letting it be known that his wife was a CIA officer and was behind his trip (a point I shall return to later) -- and as a citizen Fitzgerald knows that much. Does he also know a lot more in his role as a prosecutor (though he refused to say)? His people have conducted god know how many interviews (including interviews even with the vice president and president), and have gotten documents. Did every administration interviewee stonewall? Did every one of them lie? Did nobody concede that they had discussed how to discredit Joseph Wilson's report, and Joseph Wilson himself, and that one way this was attempted was by trying to discredit Joe Wilson by outing his wife? Did no one concede they were mad as hell at the CIA because of its refusal to give unqualified support to the Administration's phony reasons for war, and were trying to discredit the CIA? A universal cover-up of this nature is an idea a little hard to swallow.

So, unless there were some such universal cover-up, Fitzgerald must know a good deal, in his role as a prosecutor, about what the underlying purpose of the outing was, what its basic motivation was. And now that Libby has been indicted, the pressure will be on him to cut a deal to shorten his sentence, and possibly to avoid a second indictment on the underlying substantive charge, by revealing more. There will also be pressure on other Administration figures who are involved to cut a deal in order to avoid the possibility that they may be indicted (or listed as unindicted co-conspirators). (One thinks of people like Rove, conceivably David Addington, who is known to be ferociously savage to those who oppose his view, or conceivably John Hannah.) All of this remains in the bosom of the future, of course. But if Fitzgerald was telling the truth about the need to learn underlying purposes during an investigation -- and so far he has given the impression of being one of the few involved in high level Washington matters who does not prevaricate or lie -- then there is bound to be more to come. As the reporters say, stay tuned.

Lawrence R. Velvel is the Dean of Massachusetts School of Law. He can be reached at velvel@mslaw.edu.




 

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