5 Myths About Scooter Libby
·
Sunday, June 10, 2007
·
Carol Leonnig, who covers the federal courts for WaPo and with whom I had the pleasure of sitting during my brief stint covering the Libby trail, shoots down “5 Myths About Scooter and the Slammer.”
Her column will irritate both Libby’s strongest supporters and most vehement critics.
It’s now rather clear that Libby lied to the grand jury about how he found out about Valerie Plame Wilson’s employment with the CIA. At the same time, there is no evidence that he, Karl Rove, or anyone else committed a crime aside from lying to cover up their leaks to the press.
Related Posts
- None Found
About James Joyner
Leonnig writes,
But that’s the wrong question: Spy agencies aren’t given the responsibility under our Constitution for determining whether someone has violated the law. And the laws in question here, in particular the Intelligence Identities Protection Act, wasn’t drafted in a way that makes the Agency’s own determination binding on the branch of government (i.e, the Judicial Branch) which does have that responsibility.
Langley saying Plame was covert, in other words, is no more conclusive than Langley referring the matter to DoJ for investigation and possible prosecution in the first place. If someone had been charged and convicted under the IIPA, then there might have been the requisite proof that she was “covert” as that term is used in the statute. But even Langley’s saying that the CIA thinks she was covert as that term is used in the statute ain’t conclusive on anyone, and Fitzgerald saying that Langley says that isn’t a substitute for a finding beyond a reasonable doubt that that’s factually the case.
A reporter from the WaPo ought to be able to grasp and articulate this very important distinction. One has to suspect that her failure to do so reflects an agenda (or an alliance with leakers inside the CIA).
Helpful or Unhelpful:
0 
0
Beldar interesting point, and one I have seen elsewhere, that actually makes sense.
So to clarify-if Fitzgerald had decided to charge somebody, what you are saying is Langley saying “she was covert” wouldn’t have been accepted on face value, but the prosecutor would have had to introduce evidence that she was, and the defense counsel would have been able to impeach that evidence, and the jury would have determined whether or not she was covert.
Helpful or Unhelpful:
0 
0
[...] Dozen Top Legal Scholars Line Up for Libby AppealA dozen of the country’s most respected constitutional scholars have leapt to I. Lewis “Scooter” Libby’s aid… ARTICLE » Carol D. Leonnig The Washington Post Sunday, June 10TAGS: • Stories > Libby Sentence • BlogRunner > Technology • BlogRunner > Politics • Authors > The Washington Post > Carol D. Leonnig more Who’s Blogging Most Relevant First Most Recent First Where the ‘Judicial Temprament’? Carol Platt Liebau Carol Platt Liebau elap(’1181545920′);It sounds like Judge Reggie Walton — who has sentenced Lewis Libby to prison even while his appeal is pending — has a judicial temprament problem … That’s the only way to figure his inexplicably snarky response to the offer of prominent law professors to try to convince him that he’s in error with his sentencing decision.Law Blog Footnote of the Day: the Scooter Libby Trial Peter Lattman WSJ.com Law Blog elap(’1181581800′);On Tuesday, Judge Reggie Walton sentenced Scooter Libby to 30 months in prison (click here for background) … Within hours, reports the Washington Post, Judge Walton responded with a one-page order granting the motion. CommentsYour comment here…Post a Commentdocument.write(‘Post a comment.’);Related BlogsAn interesting take…C.H. TRUTH Coldheartedtruth elap(’1181577632′);Appeal The Scooter Libby appeal is now out there an accessable thanks to Tom Maguire – you can read through it here: Appeal But basically he is appealing on three counts: 1) Whether or not Fitzgerald was constitutionally appointed – no supervi…Stories > Libby Sentence Will Bush Pardon Scooter Libby? U.S. Gov Info/Resources elap(’1181546808′);You knew this would come up before the sentence was even handed down. Will President Bush pardon Lewis “Scooter” Libby? Libby, Vice President Cheney’s former chief of staff and national security…I Wonder If Scooter Libby Can Get An Appeal… ROB Say Anything elap(’1181541689′);…because his judge is apparently a biased ass.BlogRunner > Technology BlogRunner > Politics Stories > Libby Sentence 5 Myths About Scooter Libby JAMES JOYNER Outside the Beltway elap(’1181478382′);Carol Leonnig, who covers the federal courts for WaPo and with whom I had the pleasure of sitting during my brief stint covering the Libby trail, shoots down “5 Myths About Scooter and the Slammer.”Stories > Libby Sentence Authors > James Joyner Legal scholars question constitutionality of Patrick Fitzgerald’s appointment as special counsel in case against Scooter LibbyPAUL Right Side of the Rainbow elap(’1181419200′);An ideologically diverse cadre of the Nation’s most respected legal scholars has filed an amicus brief questioning the constitutionality of Patrick Fitzgerald’s appointment as special counsel.Stories > Libby Sentence Scooter Libby, BolshevikBEUTLER Brian Beutler elap(’1181413144′);Reading the outpouring of letters and op-eds written by just about all of Scooter Libby’s maudlin comrades is instructive. It’s also kind of creepy.Stories > Libby Sentence Judge Walton gets sarcasticSTEVE BENEN The Carpetbagger Report elap(’1181407500′);Emptywheel discovered a striking footnote in the court order Judge Reggie Walton issued allowing Scooter Libby’s powerful legal friends — 12 top-shelf lawyers, including Robert Bork — to issue briefs on Libby’s behalf.Authors > Steve Benen Some bias on displayADMIN Dinocrat elap(’1181402219′);A group of a dozen legal scholars, mostly, but not all, libertarian or conservative, and notably including Alan Dershowitz, filed an amicus brief in the case of Scooter Libby.BlogRunner > Technology BlogRunner > Law Stories > Libby Sentence Dershowitz for the DefenseDEAN Dean’s World elap(’1181401560′);Interesting. Alan Dershowitz, Robert Bork, and 7 other legal scholars are coming to the defense of Scooter Libby. They contend that the Libby prosecutionpersecution was probably unConstitutional….Stories > Libby Sentence Carol D. Leonnig5 Myths About Scooter and the Slammerelap(’1181428802′); 9 BLOG COMMENTS and RELATEDComments: 5 Myths About Scooter and the Slammerelap(’1181341202′);Libby Jurist’s Career Built on Toughnesselap(’1181030525′);Libby’s Lawyers Argue Against Prison as Fitzgerald Seeks 30 Monthselap(’1180674246′);Officials Describe Interference by Former Gonzales Aideelap(’1179899415′); 72 BLOG COMMENTS and RELATEDBlogRunnerHomeMost Blogged 24 HoursFull Coverage blogrunner.com … e: feedback(AT)blogrunner.com … Mon Jun 11 14:29:08 2007 ET … Copyright (c) 2006-2007 The New York Times [...]
Helpful or Unhelpful:
0 
0