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As I’ve asked many times, why exactly was no one charged with violating the IIPA? I’ve been told several times that no one was charged because justice was obstructed–proveably obstructed in Libby’s case (he was convicted of it, after all), and probaly obstructed in other cases, albeit non-proveably.
Except this doesn’t make sense. What facts were hidden? That Libby, Armitage, Rove et al called up reporters and told them Plame was a CIA agent, in an attempt to discredit Joe Wilson’s report? This WAS NOT HIDDEN. It was proven that Libby did this and lied about it. It was proven Rove, Armitage and Fleisher did this, although they apparently they managed to avoid making statements that could be proved perjorous.
So what other crimes should have been charged? Who violated the IIPA? Why didn’t Fitzgerald prosecute anyone for violating the IIPA? Rove and Armitage admitted to Fitzgerald that they revealed Plame’s status to various journalists, why wasn’t this admission enough to prosecute them for violating the IIPA? “Obstruction of justice” isn’t an answer, because all this information was eventually revealed. It is not “obstruction of justice” to refrain from making a confession to the prosecutor. The only thing not proven is that Cheney ordered the whole thing. But if the underlings weren’t prosecuted for revealing Plame’s status, Cheney isn’t going to be prosecuted for telling them to reveal Plame’s status. It has to have been a crime for them to reveal Plame’s status for Cheney’s role in ordering it to be a crime. If I tell you to do something that is a crime, you and I have committed a criminal conspiracy. If I tell you to do something that is not a crime, you and I have not committed a criminal conspiracy.
All this is not to say that Libby didn’t deserve his sentence. Thing is, Libby committed perjury, and perjury is a crime. Libby deserved his sentence. Bush’s pardon/commutation is not exactly surprising, but neither is it laudable. Libby isn’t a “fall guy” in the sense that he’s being punished even though he did nothing wrong. He DID do something wrong, he committed perjury! Neither is he a “fall guy” in the sense that he’s protecting the other members of the conspiracy he took part in, because other members of the conspiracy were shown to have talked to reporters about Plame, and NONE OF THEM WERE CHARGED.
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IMHO it doesn’t make sense if one ignores that the background included the case of the Dismissal of US attorneys.
2 things stuck in my mind: it was mentioned that Fitzgerald was on the list of possible dismissals, the information has shown that lots of pressure was turned against the prosecutors to minimize the prosecution of republican politicians and enhance the prosecution of Democrats.
Karl Rove’s 11th hour testimonies (I remember there were several) to deal with the early contradictions and get himself out, were the item that told me that this administration had a prosecutor that was being more than fair to the ones giving him the job.
So to me the surprise will always remain that someone was even indicted. I suspect even Fitzgerald could not stomach the level of contempt he found in the Plame case, so to make the investigation not be seen as a joke, he had to act on the evidence, but in the end I think he was pressured to not shake the apple cart too much.