Skip to main content

Who Killed Cock Robin?

The successful prosecution of “Scooter Libby" – for lying to a grand jury – was a spectacular failure because it did not answer the question “Who outed Valerie Plame as an undercover agent?" There will be no further prosecutions in the case because the prosecutor fingered the wrong man: Scooter Libby did not blow Plame’s cover, because she was not an undercover agent. Prosecutor Fitzgerald packed his bags and went home after his flawed prosecution of the case because he fingered Libby rather than Richard Armitage, chief aide to then Secretary of state Colin Powell, as the primary leaker.

Libby’s troubles began with a column written by Sun Times columnist Robert Novak, who testified to the grand jury under oath that Libby had said nothing to him about Plame.

“While my column on Wilson's mission triggered Libby's misery,” Novak wrote in a recent column, “I played but a minor role in his trial. Subpoenaed by his defense team, I testified that I had phoned him in reporting the Wilson column and that (ITALICS MINE) he had said nothing about Wilson's wife. Other journalists said the same thing under oath, but we apparently made no impression on the jury.”

In post grand jury interviews, Novak was asked numerous times whether he had revealed to the prosecutor that he had relied upon Armitage – not Libby – as a source in disclosing information in his column that triggered the special prosecution of the wrong man.

“Actually,” Novak wrote, “in my first interview with Fitzgerald, he indicated he knew Armitage was my leaker. In fact, Armitage had turned himself in to the Justice Department (ITALICS MINE) three months before Fitzgerald entered the case, without notifying the White House or releasing me from my requirement of confidentiality.”

So then, why didn’t Fitzgerald direct his prosecution towards the initial leakier?

“The trial provided no information whatever about Plame's status at the CIA at the time I revealed her role in her husband's mission,” Novak wrote. “No hard evidence was produced Libby ever was told she was undercover.”

Because she was not undercover during this time: “Her being classified -- that is, that her work was a government secret -- did not in itself meet the standard required for prosecution of the leaker (former Deputy Secretary of State Armitage) under the Intelligence Identities Protection Act of 1982. That limits prosecution to exposers of covert intelligence activities overseas, whose revelation would undermine U.S. intelligence. That is why Fitzgerald did not move against Armitage.”

Fitzgerald moved against the wrong man. It was a fatal error. You cannot arrive at China by setting a course for the North Pole. This prosecutorial miss-step aborted further prosecutions and hot wired the case in such a way as to make it impossible to answer the question “Who killed Cock Robin?”

Even though no crime had been committed in outing a “classified” agent, the political world had been overturned by these disclosures. And just as one cannot arrive at China by setting a course for the North Pole, so one cannot finger the Bush White House as having outed Plame, a classified government worker – presumably for political reasons – without knowing who done it and why. The Fitzgerald miss-prosecution draws a discreet veil over a definitive answer to the question.

Comments

Popular posts from this blog

The Blumenthal Burisma Connection

Steve Hilton , a Fox News commentator who over the weekend had connected some Burisma corruption dots, had this to say about Connecticut U.S. Senator Dick Blumenthal’s association with the tangled knot of corruption in Ukraine: “We cross-referenced the Senate co-sponsors of Ed Markey's Ukraine gas bill with the list of Democrats whom Burisma lobbyist, David Leiter, routinely gave money to and found another one -- one of the most sanctimonious of them all, actually -- Sen. Richard Blumenthal."

Obamagod!

My guess is that Barack Obama is a bit too modest to consider himself a Christ figure , but artist will be artists. And over at “ To Wit ,” a blog run by professional blogger, journalist, radio commentator and ex-Hartford Courant religious writer Colin McEnroe, chocolateers will be chocolateers. Nice to have all this attention paid to Christ so near to Easter.

Did Chris Murphy Engage in Private Diplomacy?

Murphy after Zarif blowup -- Getty Images Connecticut U.S. Senator Chris Murphy, up for reelection this year, had “a secret meeting with Iranian Foreign Minister Mohammad Javad Zarif during the Munich Security Conference” in February 2020, according to a posting written by Mollie Hemingway , the Editor-in-Chief of The Federalist. Was Murphy commissioned by proper authorities to participate in the meeting, or was he freelancing? If the former, there is no problem. If the latter, Murphy was courting political disaster. “Such a meeting,” Hemingway wrote at the time, “would mean Murphy had done the type of secret coordination with foreign leaders to potentially undermine the U.S. government that he accused Trump officials of doing as they prepared for Trump’s administration. In February 2017, Murphy demanded investigations of National Security Advisor Mike Flynn because he had a phone call with his counterpart-to-be in Russia. “’Any effort to undermine our nation’s foreign policy – e