I know this is ancient history as far as the MSM is concerned, but I only recently started blogging, and I still hear this half-baked argument from brainwashed friends and relatives, so I think it’s still relevant.
Conservative Myth #25: There was “no underlying crime” to charge Scooter Libby with in the CIA Leak Investigation since Richard Armitage leaked Plame’s identity, not Libby.
This one really galls me. When my right-wing buddy Jay at work tried to use this defense, I countered with my multiple assassins analogy. It goes like this: Four assassins are hired for a hit. They set up in different locations along a path they know the victim will travel. When the victim walks done the path, they open fire. Assassin #1 is a crack shot and shoots the victim square in the forehead, instantly killing him. Assassin #2 fires multiple shots but fails to hit the victim. Assassin #3 grazes the victim in the leg with his bullet. And Assassin #4 falls asleep and awakens to find the victim already dead. Which of the Assassin’s are guilty of a crime? Though only one Assassin fired the killing shot, all were guilty of at least attempted murder, and a wide range of lesser charges. I’m not a lawyer, but I’m sure a competent DA could convict all 4 guys of a number of crimes.
Suppose we carry the analogy further: Assassin #2 is caught by the police and arrested. The police find his gun, the shell casings, the bullets, and have the dead body of the victim, so they know #2 is involved, but forensics prove his gun didn’t fire either of the bullets in the body. Furthermore, the police find the money #2 was paid for the hit and info on the victim on his person. Disproving the theory that there’s no honor among thieves, #2 refuses to give up his accomplices, and the police never find or charge the real killer. The police charge #2 with attempted murder, obstruction of justice, etc. etc. He is eventually convicted and goes to jail for a long time. Justice is served, a criminal was convicted, but the person guilty of the actual murder and those who ordered and paid for the murder, remain free.
The analogy falls apart a little here because Armitage was revealed as Bob Novak’s source, and Novak testified as such. BUT, and its a big but, Libby LIED to the FBI and Special Prosecutor Fitzgerald about his role. His silence also prevented the prosecution from getting all the facts and parties involved with the leak, hence Libby’s conviction on the obstruction of justice charge. He obstructed the investigation, thereby making it impossible to discern if there was more serious crimes committed and who else was involved.
As for Armitage, he leaked, but due to his full cooperation with investigators, Fitzgerald’s inability to find any evidence that Armitage knew Plame was covert when he leaked her name, and some fancy lawyering he avoided criminal charges.
Personally, I think Armitage knew what he was doing, and was working alongside Libby and Rove to expose Plame-Wilson. I think he should be in jail too. I would add to his list of crimes aiding and abetting the administration’s falsified case for War with Iraq. But c’est la vie.
Libby is still guilty–as guilty as the fictional Assassin #2 in my analogy. He tried to get Plame’s name into MSM and while doing so must’ve known who she was and what she did for a living. He refused to reveal who told him about Plame being a covert CIA operative, when he learned this, and why he leaked her name to the press. He’s a crook and he was found guilty of being a crook. Only intervention by the most-powerful crook in the country saved his delicate bum from jail time.