Progressive Programmer

Progressive Politics or idle geek banter. What's on my mind when I'm irked, intrigued, bored or up too late.

Location: Michigan, United States


LIBBY Indicted - Let the spin begin

So, LIBBY (I think I'll adopt the indictment's method of referring to Scoots) is indicted for perjury and obstruction.

Some Right-Wingers are already claiming that these indictments are clear evidence that Fitzgerald was unable to indict someone on the crime he was asked to investigate, and thus 22 months of investigation turned up nothing, so the prosecutor went after some bullshit perjury claim instead.

This is a woefully ignorant and hypocritical opinion for a number of reasons.

Just to tackle the ignorance for now, it fails to take into account exactly what Fitzgerald hinted at in his press conference this afternoon : The wording of Title 50, United States Code, Section 421 (that the prosecutor was originally tasked with investigating for evidence of violations of) is so poor, that it requires knowing what the perpetrator knew at the time.

Fitzgerald would have to prove that LIBBY knew that the US was taking affirmative measures to conceal Plame's identity.

But in order to know that, you would have to receive frank, truthful testimony from any person that had violated the crime, and LIBBY was not being truthful. He lied his way through his testimony. Given the rights granted by the 5th amendment, one wonders whether anyone could ever be convicted of a crime derived from these laws. If anything, those that wrote and passed this legislation should be kicked in the proverbial shins.

Note that the wording of Title 18, Section 793 makes it seem as though LIBBY could have been convicted of a violation simply by adopting the items put forth as facts in the indictment (as opposed to LIBBY's purported lies).

My question is whether--if LIBBY is convicted of all of these counts--it will be a foregone conclusion that he therefore violated either or both of these laws? Title 18, Section 793 would seem like a no-brainer. If it can be proven that he really did know that Plame was covert at the time, then isn't it only logical he violated Title 50, United States Code, Section 421 as well?

I'm not liberal, I'm just paying attention


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