Plamegate Catches Up With W: It's All About Bush's Lie, NOT Bush's Leak

[leveymg]

I've been trying to remind people not to get sidetracked into peripheral issues dealing with declassification. The case that Fitz has against Bush is actually much simpler than that. It all comes down to a single lie. All the rest about IAIPA and declassification authority is prone to obfuscation and spin by the wingnutters.

When dealing with communications with the opposition about potentially complex legal subjects, observe the KISS Principle: Keep It Simple, Stupid.

If we want to talk about the technicalities fine. They're a fascinating subject for analysis and discussion, and need to be understood. But, let's keep the public message on point. May I humbly suggest that the following is the core meaning and message about Bush's role in Plamegate. Obstruction of Justice is the crime for which Fitz could name Bush as an unindicted co-conspirator:

Even the President Can't Lie to a U.S. Attorney
by leveymg
http://www.dailykos.com/story/2006/4/6/15595/11171
Thu Apr 06, 2006 at 12:59:05 PM PDT

Bush's apologists still seem to think this is about the President's power to declassify. That's not the issue here. It's about a lie.

Some months ago, the President talked to Fitz about the Plame case. Bush said he didn't know about the efforts of his underlings to discredit Wilson. We now learn that Dubya ordered his men to leak classified CIA documents to do just that. That's called Obstruction of Justice.

Even a Freeper can understand that.

Case closed.

leveymg's diary :: ::

Libby has implicated Bush in the conspiracy to out Plame. But, the case is actually much simpler than even that. Dubya is going down, and there's no arguing legal niceties or Unitary Executive theory about it.

He lied to a federal prosecutor investigating a criminal case.

MORE . . .


_______________________________________________

BTW: For a technical discussion of the declassification issue, please see: http://www.dailykos.com/story/2006/2/16/12759/5214 Bottom-line, the NIE leak to the press wasn't legal because the Agency Head didn't first approve declassification. While not consistent with law, this is NOT the crime for which Fitz is most likely to nail Bush. (Cheney lied to Fitz, too, so he may also be indicted for OOJ, not unauthorized disclosure). Here's the intro on the declassification law story:

CHENEY HAD NO LEGAL POWER TO DECLASSIFY CIA DOCS
by leveymg
Thu Feb 16, 2006 at 09:07:59 AM PDT

Yesterday, Vice President Cheney claimed in a televised interview that he may on his own authority make public classified documents. This assertion comes in the wake of accusations made in Grand Jury testimony by Cheney's former Chief of Staff, I. Lewis Libby, that he was "authorized" by his "superiors" to release to Judy Miller and other reporters a classified CIA National Intelligence Estimate (NIE) related to Iraq WMDs issued the previous October.

The Vice President is quoted by AP as stating during an interview on Fox News last night: "There's an executive order that specifies who has classification authority, and obviously it focuses first and foremost on the president, but also includes the vice president.'' See, AP, 02/16/2003, "Cheney Says He Has Power to Declassify Info" http://www.nytimes.com/....

Cheney has simply arrogated to himself powers that simply do not exist in any law, regulation, or presidential order.

MORE Below.

[BOHICA06]

1. But he wasn't under oath with Fitz ....

obstruction, maybe ...... we'll see.

[ItsTheMediaStupid]

3. Oath does not matter

He lied to a federal prosecutor. That is apparently illegal with or without a solemn oath.

If I understand the premise, this is a separate crime from perjury, where the oath might be relevant.

Recommended.

[sable302]

17. doesn't matter, oath or not

His approval sucks, he lied, he's done for as president. The DOJ can do whatever they want with him, for all I care.

[Virginian]

23. Agree, ask Martha Stewart, she was not under oath,

She just professed her innocence and was convicted of lying about a crime she was not indicted for.

Her case might be a good example to use for this.

[Canuckistanian]

24. Wow, you're right

This is a "Martha Stewart" crime, not a "Bill Clinton" crime.

And both can get you serious time.

[leveymg]

4. Obstruction is the same crime as perjury, but for unsworn lies eom

[H2O Man]

12. Yep.

As Scooter Libby's indictments make oh so clear.

Well done!

[jberryhill]

33. 18 USC 1001

/eom

[seabeyond]

2. i thought they signed something in years ago to allow cheney

same power as pres

and

lie to u.s. attorney without taking oath? is that the saem, because cheney and bush refused to take oath

[leveymg]

5. No, they didn't. Read the second article eom

[dogday]

6. He can declassify as long as it it in compliance

with his executive duties... Unless payback has become an executive function, I would say that it is not why this information was released, and therefore, they has no standing when they try to excuse the releasing of classified information.....

[leveymg]

9. There are declassification procedures that weren't followed

But, I'm breaking my own rule here. The message is, that's irrelevant. Bush lied to Fitz about his role in the WH plot to destroy Wilson, which led to Plame being outed. Simple as that.

[dogday]

13. That too

I was counter-pointing what the right is saying, but absolutely he broke the law in this investigation....

[Justice Is Comin]

53. And he had other prosecutors with him

in the interview who can corroborate everything that was said as witnesses to the statements.

Fitzgerald is so-o brilliant.

[Dhalgren]

7. Lying under oath is perjury, lying to a federal investigator is

obstruction of justice. This latter crime has nothing to do with oaths. Bush and Cheney both committed felonies; if they don't go down for this, then we can forget about any pretense of democracy in this country - the USA will be dead...

[leveymg]

11. Exactly. That's why they HAVE TO eject Shrub and Dead Eye

The issue is now simple enough so something has to be done. The WH isn't the most powerful institution in this country. It's the Pentagon and intelligence services who started the Plame prosecution, and they'll see to it that it's concluded.

[stop the bleeding]

18. Well done leveymg - NPR reported this morning that Fitz's

04/05/06 filing shows that the WH Admin was in a concentrated effort to discredit/attack Patriot Wilson, as so duly noted in your OP.

This is clearly OOJ - Rove just needs to come under the Fitz's grasps and then we can go after Darth and Shrub.

Great post BTW - KISS lol I haven't heard that in a while but so right on now.

[Canuckistanian]

28. That's right, this was the CIA's show right from the start

They made the original request before it was referred to the Justice department.

[Jawja]

46. I am waiting for the yokel from

South Carolina, Lindsay Graham, to jump all over this and demand impeachment of * as righteously he did for Clinton.

I'm waiting.

[seabeyond]

8. thanks all...... n/t

[maddiejoan]

10. Isn't this what they jailed Martha Stewart for?

[leveymg]

14. Yes. And that's the crime Moussaoui will be put to death for.

[C_U_L8R]

15. Obstruction of Justice Baby !

Bush is gonna go down... who cares how the press
spins it for the chimp... it's the charges that count.

[enough]

16. k&r

[pola]

19. Fitz HATES to be lied to...what will he DO about it ?

:kick:

and WHEN will he do it ?

[DoYouEverWonder]

52. Last time I checked

he's doing it.

[progressoid]

20. "Even a Freeper can understand that" Sorry, that's asking a lot from

such small minds.

[tabasco]

21. I always said if the republicans nominated GWB for President,

it would be the end of the GOP for ten years. If he won, I said, it will be the end of the GOP for fifty years.

Looks like I might have been right. GWB has exposed the utter traitorous corruption of the republican party.

[understandinglife]

30. I think your prediction is accurate.

Peace.

[bobbieinok]

42. don't forget...republicans control the media and the vote (voting machines

[tabasco]

48. The corporate media is a huge problem.

Our only hope is that common sense will prevail over propaganda.

That's not a sure thing at all. :think:

[pola]

22. Could Cheney be Pres., since he was involved in this ?

Some have speculated here that Cheney would be Pres. if G.W. goes.
HOW in the world could this be allowed, given his involvement in the crime ?
WHO would be Pres. then ?

:kick:

[pola]

25. Will Fitz. do something in TIME to avoid bombing Iran????

Or anything else they could cook up in the meantime ???
GO FITZ !!!!!!
PLEASE DO SOMETHING SOON !!!!
SAVE OUR PRECIOUS DEMOCRACY.

GOD SAVE AMERCICA.


:kick:

[lonestarnot]

26. bushitler is not better off than Nixon was in the investigation

of Watergate. Going down down down into that ring of fire.

[pola]

27. hope you are right....

[understandinglife]

29. Well stated.

:thumbsup:

And, then we do have the little bag of crimes that I summarize thusly:

"The President of the United States willfully violated National Security to cover-up his willful launch of a war of aggression."

[bleever]

31. Yes: this is the crux of the whole imbroglio, and *'s downfall.

The section from Jason Leopold's article of yesterday that riveted my attention was this:

According to four attorneys who over the past two days have read a transcript of the President Bush's interview with investigators, Bush did not disclose to either investigators or the special counsel that he had authorized Cheney or any other administration official to leak portions of the NIE to Woodward and Miller or any other reporter. Rather, these people said the president said he frowned upon "selective leaks."

Bush also said during the interview two years ago that he had no prior knowledge that anyone on his staff had been involved in a campaign to discredit Wilson or that individuals retaliated against the former ambassador by leaking his wife's undercover identity to reporters.

http://www.truthout.org/docs_2006/040606Y.shtml

* is guilty of the same crime that has ensnared Libby, Moussaoui, Martha Stewart, and which thirty years ago ended the careers of Nixon aides and led to the president's resignation.


Thank you for laying this out so clearly.

[mzmolly]

32. "Bush's apologists still seem to think this is about the President's power

to declassify."

Just like they think the war was about "everybody thought Saddam had WMD's in the 1990's."

It's called spin and I don't even think THEY believe it frankly.

Nice clarification, thanks.

[RedEarth]

34. Very good....

[leftyladyfrommo]

35. That Argument is Weak As Water n/t

If that is the best they can come up with they are really in trouble.

[nolabels]

38. Yea repeated obstruction of justice under the color of authority.........

is just a minor infraction of some nothing laws.
They didn't get to any heavy stuff (yet), this is just preliminary here. But yea they got nothing on him ;)

[leftyladyfrommo]

40. I can't even believe they are trying that argument!

It sucks.

[nolabels]

41. The thing is that keeping it simple leaves little wiggle room

The proof is there and the more they try to fight it the more they get unsnarled into the prosecution. It's a good plan to push on people who claim to be faultless.

After the whole Iran / contra thing unfolded it's only obvious that complexities are what these crooks thrive on. An a besides prosecutors going with the knowns get the best results.

[lovuian]

36. It plays well to the press but it doesn't play well to a

Grand Jury!!!

[leftyladyfrommo]

39. I don't think it plays well to anyone.

Only a complete nimrod would fall for that.

[heart of darkness]

43. Not sure I understand you complaint..fall for what?

Are you complaining that Fitz accusing the prez of obstruction is inadequate or weak? If so, I would have to disagree with you..its a serious charge that should meet the requirements of "high crimes and misdemeanors" required to impeach. In order to get enough momentum to impeach, we need to produce some black and white evidence that * endangered the country for personal reasons. A complicated investigation of finances, etc. can't compete with American Idol or the next sensational thing.

Why is impeachment important? Two reasons-first, probably the only way we will ever learn the true extent of the corruption is by getting these bastards out. Second, the only way to charge the president with a crime is to remove him from office first. If we can't get the president impeached then there is essentially nothing we can do directly about a lot of this. this means we need to take control of Congress or get repubs on our side. A simple charge that can be construed as "W is anti-American" will play a whole lot better with the red staters and voters.

[newyawker99]

47. Hi heart of darkness!!

Welcome to DU!! :toast:

[Lolivia]

50. self delete

[leftyladyfrommo]

51. No, I meant fall for the spin the adm. is putting out on the leak.

[sundancekid]

37. John Dean's column at link below is also VERY DETAILED and helpful

on all these matters

http://writ.news.findlaw.com/dean/20060407.html

[lumpy]

44. Hear hear, leveymg

Well said. This is where I am. I don't give a hoot nor holler regarding the legality of the leak. It is enough just to know the motive behind Plame's 'outing'. It has been confirmed to me that Bush/Cheney and cohorts were manipulating the truth to further their goal to invade Iraq. 'Intent' is good enough for me just as Bushco used 'intent' to go after Saddam. My personal 'court of conscience' has convicted Bushco of high crimes against truth and humanity.

[Just Me]

45. Not merely a lie. They conspired to defraud congress and the people.

That's a serious fucking crime especially when they defrauded us in order to get us to do what we would otherwise NOT do,...support an unnecessary and unlawful war which may very well have seriously damaged our national security.

I just close my eyes, and imagine every one of those devious criminals crying behind bars,...and I FEEL justice.

I wish for such justice because it would be the biggest leap towards healing all the wounds caused by these greedy, self-serving bastards.

[oasis]

54. "McLaughlin Group" on PBS, twice played the Bush "We want to know

who the leakers are" video and compared it to Clinton's "I didn't have sexual relations" declaration. Eleanor Clift said there was no comparing a sex lie with lies that got us into a war. She called Bush a liar several time during the program.

BTW,John McLaughlin got into a heated debate with the two conservatives, Pat Buchannan and Tony Blankley. He trounced them thoroughly on the Bush leak issue.

Bottom line, the more the Sept. 30,'03 video of Bush is played, the more folks will realize what a liar he is. They will undoubtedly examine his past statements on a variety of issues.

Bush's credibilty was the only thing he had going for him.

[proud patriot]

49. was bush under oath ?