Obstruction for What?

[Imported from Whale Oil Beef Hooked on Blogger]

The Opinion Journal has an interesting take on the indictments of “Scooter” Libby. Essentially Libby is charged with lying about a crime that wasn’t committed!!!!

The indictment itself contains no evidence of a conspiracy, and Mr. Libby has not been accused of trying to cover up some high crime or misdemeanor by the Bush Administration. The indictment amounts to an allegation that one official lied about what he knew about an underlying “crime” that wasn’t committed.

The culmination of the article investigates whether this is in fact a case of trying to criminalize politics.

In a statement yesterday, Mr. Libby’s counsel zeroed in on this point when he said, “We are quite distressed the Special Counsel has now sought to pursue alleged inconsistencies in Mr. Libby’s recollection and those of others’ and to charge such inconsistencies as false statements.” He added that they “will defend vigorously against these charges.”

On the answers to these questions hang a possible 30-year jail term and $1.25 million in fines for a Bush Administration official who was merely attempting to expose the truth about Mr. Wilson, a critic of the Administration who was lying to the press about the nature of his involvement in the Niger mission and about the nature of the intelligence that it produced. In other words, Mr. Libby was defending Administration policy against political attack, not committing a crime.

Mr. Fitzgerald has been dogged in pursuing his investigation, and he gave every appearance of being a reasonable and tough prosecutor in laying out the charges yesterday. But he has thrust himself into what was, at bottom, a policy dispute between an elected Administration and critics of the President’s approach to the war on terror, who included parts of the permanent bureaucracy of the State Department and CIA. Unless Mr. Fitzgerald can prove beyond a reasonable doubt that Mr. Libby was lying, and doing so for some nefarious purpose, this indictment looks like a case of criminalizing politics.

 


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