Charles Krauthammer examines the Libby case and exposes the foundation of lies that the case was built on from the beginning. It is a harsh assessment.
Scooter Libby has just been convicted for four felonies that could theoretically give him 25 years in jail for … what? Misstating when he first heard a certain piece of information, namely the identity of Joe Wilson's wife.
Think about that. Can you remember when was the first time you heard the name Joe Wilson or Valerie Plame? OK, so it is not a preoccupation of yours. But it was a preoccupation of many Washington journalists and government officials called to testify at the Libby trial, and their memories were all over the lot. Former presidential press secretary Ari Fleischer testified under oath that he had not told Washington Post reporter Walter Pincus about Mrs. Wilson. Pincus testified under oath that Fleischer definitely had.
Obviously, one is not telling the truth. But there is no reason to believe that either one is deliberately lying. Pincus and Fleischer are as fallible as any of us. They spend their days receiving and giving information. They can't possibly be expected to remember not only every piece, but precisely when they received every piece……
…..Given that so many journalists and administration figures were shown to have extremely fallible memories, is it possible that Russert's memory could have been faulty?
I have no idea. But we do know that Russert once denied calling up a Buffalo News reporter to complain about a story. Russert later apologized for the error when he was shown the evidence of a call he had genuinely and completely forgotten.
There is a second instance of Russert innocently misremembering. He stated under oath that he did not know that one may not be accompanied by a lawyer to a grand jury hearing. This fact, in and of itself, is irrelevant to the case, except that, as former prosecutor Victoria Toensing points out, the defense had tapes showing Russert saying on television three times that lawyers are barred from grand jury proceedings.
This demonstration of Russert's fallibility was never shown to the jury. The judge did not allow it. He was upset with the defense because it would not put Libby on the stand — his perfect Fifth Amendment right — after hinting in the opening statement that it might. He therefore denied the defense a straightforward demonstration of the fallibility of the witness whose testimony was most decisive.
My position on this whole thing has not changed one bit. I am very uncomfortable with the notion that someone can be charged with "lying" about a crime that has not itself ever been shown to have occurred. I have seen the attempts to argue that Libby was somehow obstructing an investigation, but the fact is that Fitzgerald knew - with utter certainty - who had actually leaked the information. And he knew it was an accident. He did not pursue Richard Armitage but instead went after a staffer. But not for the crime Fitzgerald was originally given the task of investigating. Instead we were given a three-ring sideshow that revolved around different people having different memories of events.
There will be no more acts in the sideshow. Libby was the only victim Fitzgerald was able to claim in this particular special prosecutorial witch hunt. (I have been against the use of "special prosecutors" for a long time.) But another door has been opened. When the precedents set here lead to the next witch hunt directed at the opposite political party, do not be surprised.