From Investors Business Daily:
Posted 11/2/2005
Politics: If stealing and destroying secret documents, stuffing them into your pants and then lying about it isn't a crime worthy of jail time, why is having a different recollection of events than Tim Russert?
If the charges swirling around Scooter Libby — that he deceived those investigating a crime for which he was not charged — seem familiar, they should. Not long ago Martha Stewart was indicted and convicted, not of insider trading in a suspiciously timed stock sale, but of deceiving investigators into a crime for which she was not charged.
In both cases, is justice being served? Or are the prosecutors just trying to justify the time and money spent failing to prove that those charged committed the alleged crime?
In the Libby case, we now have a new Kafkaesque standard of justice: Merely ask someone who gets hundreds of calls a day to remember conversations with reporters years prior. Then, if they disagree with the reporter's notes — voila! — perjury and obstruction.
Lost in the reporting of Special Counsel Patrick Fitzgerald's Oct. 28 press conference was this telling admission: "We have not made any allegation that Mr. Libby knowingly, intentionally outed a covert agent." Nor could he.
"Knowingly" is the operative word. The 1982 Intelligence Identities Protection Act requires the offender to knowingly reveal the name of a covert agent. The law was written after a former CIA employee named Philip Agee revealed the name of Richard Welch, CIA station chief in Greece, and others. Welch was subsequently murdered on Dec. 23, 1975, by a Greek terrorist organization.
There was no outrage or demand for a special prosecutor in 1995, when then-Rep. Robert Torricelli exposed a paid CIA informant, Guatemalan Col. Julio Roberto Alpirez, in a letter to President Clinton, a copy of which Torricelli gave to The New York Times.
A real undercover agent, Fulton Armstrong, was outed by Sen. John Kerry in this year's confirmation hearings of U.N. Ambassador John Bolton. Kerry mentioned Armstrong's name during questioning even after the CIA asked that his identity be kept secret.
Depends on whose ox is being gored, we guess.
Just as Caspar Weinberger's bogus indictment five days before the 1992 election was an attempt to criminalize political differences over the Reagan administration's anti-communist policies in Central America, it's reasonable to suggest the Libby indictment is a similar attempt to criminalize differences over Iraq.
Just how is national security jeopardized by having a different recollection of events than NBC Washington Bureau Chief Tim Russert? Like witnesses to a traffic accident, people see things from different perspectives. Memories fade. What you learned, where you learned it and whom you told tend to blur.
One charge against Libby stems from his testimony under oath that Russert asked him if he knew Joe Wilson's wife worked at the CIA. In fact, the indictment alleges, Russert never asked him that, and Libby already knew that. Maybe somebody else asked him. Maybe he already knew. Who cares? This is worth 30 years in jail?
Contrast the Libby charges with the slap on the wrist given Sandy Berger. He engaged in a real cover-up when he took classified documents useful to the 9-11 commission, destroyed some of them and then lied to the National Archives about it. No jail time, just a small fine. What was he hiding? Whom was he protecting?
Libby now joins Weinberger, Newt Gingrich, Tom DeLay and others who are guilty of nothing more than being loyal and effective servants of their party and president. Like the "Borking" of judicial nominees, the ongoing criminalization of political differences will only make it harder to attract good public servants if they can go to jail for merely talking to a reporter.
In the end, Libby may be able to echo the immortal words of Ray Donovan, Ronald Reagan's labor secretary. After being acquitted in 1987 of corruption charges in a similar trial by media, he wondered: "Where do I go to get my reputation back?"
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