The Day The Spinning Stopped

CBSNews.com Legal Analyst Andrew Cohen: Basic Legal Principle Trumps Basic Political Principle

(CBS)  In the end, it was not exactly a rout, not quite the kind of one-sided whuppin' this White House once inflicted upon its enemies, real and perceived. In the end, and after a protracted struggle inside the jury room, the dry elements of the law trumped the slick elements of style. In the end, 11 ordinary people declared from the jury box that there is indeed such a thing as too much spin, even from sleazy political operatives, and that the law still stands as both sword and shield against the arrogant who use power to keep and extend power.

The predictable conviction of I. Lewis "Scooter" Libby on federal perjury, false statement, and obstruction of justice charges brings to an end an ugly chapter in the life of the Bush administration. Unless he gets relief from the appeals courts, or is pardoned in January 2009 by outgoing President Bush, Libby now faces prison time for being too cute by half when questioned under oath by federal investigators and prosecutors about his role in the Valerie Plame Wilson affair. And Libby has no one to blame but himself for this dramatic turn in his heretofore shiny, happy life.

He could have simply said he did not remember when he first heard of Plame Wilson. He could have said that he wasn't sure. He could have simply told the truth — or at least what the evidence at trial suggests was the truth — and given prosecutors and investigators the same timeline that other witnesses ultimately would give. Hell, he could have even chosen to exercise his right to remain silent and forced special prosecutor Patrick Fitzgerald to wrangle the information out of him. Libby chose none of these paths. He chose the Martha Stewart approach — play games with the feds and figure you will outsmart them, and the law, in the end.

But it didn't work for Martha (five months in prison and five months of home detention) and it didn't work for Scooter. Even if jurors had become sympathetic to him during the trial — an unlikely scenario, especially after he decided not to testify in his own behalf — they hardly had any evidence upon which they could have acquitted him. Forced with a choice between believing the handful of prosecution witnesses who painted Libby as a conniving liar and Libby's lone good witness — his successor, John Hannah, who told the panel that Libby indeed had a bad memory, the panel quite reasonably chose the former. It wasn't political — it was strictly business.

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Click here for Cohen's "Libby Trial For Dummies" blog post.

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Libby supporters will point to some of the dramatic rulings made before and during the trial by U.S. District Judge Reggie Walton and proclaim that their guy will ultimately be redeemed by the more conservative federal appeals court. It is possible. Indeed, part of the defense strategy was to sandbag its own case in the hopes that by doing so better appeals issues would be raised. But this is a terribly tricky strategy, given how rarely trial judges are overturned on appeal. I would be surprised if Libby gains any relief at the appellate court level, even though some of his political allies sit on the bench at the D.C. Circuit Court of Appeals.

Unfortunately, aside from its result, the trial really didn't tell us much more than we already knew about this sordid story. Officials at the highest levels of this White House, the evidence showed, went after former ambassador Joseph Wilson because he had come out against the administration's war policy in Iraq. And they did so not only by challenging his opinions in the public marketplace, where the fight might have been fair, but by secretly and with malice aforethought outing his wife as a covert CIA agent. It was a dirty business that was uncovered long before the gavel came down to begin the Libby proceedings.

But Libby wasn't the only person guilty of this crime of conscience and responsibility. His boss, Vice President Dick Cheney, also was guilty of it. And so were many other administration officials who peddled information to their willing and eager co-conspirators in the media. You can argue that this White House did to Joe Wilson, or tried to do to Joe Wilson, what countless other White Houses have tried in the past to do to their political enemies. But that makes this odious conduct no less foul. Even when we don't agree with our public servants, we have a right to expect them to play fair, and these didn't, the evidence showed, not by a long shot.

There are a lot of lessons from the case of United States v. Libby — too many to chronicle here. My favorite lesson, however, and the one that will stick with me as this story inevitably winds down, is how a basic legal principle — thou shalt not lie under oath — trumped a basic political principle — thou shalt do anything to destroy thine enemies. In this case, the White House lost credibility, the vice president lost prestige and respect, Libby lost his job, and probably his liberty, and countless other government officials lost whatever sense of integrity and honor they may have felt when they started their jobs.

I never was big on comparing this scandal to the Watergate scandal. That one changed history. This one merely changed lives and perceptions. But the storyline is the same: When you seek to do ill to others through underhanded means, you often get caught and usually get punished. My guess is that Libby will have plenty of time to think about that in the minimum-security prison he'll likely call home for a while.

[samthetvcat]

I'm not 100% sure about this, but I think the problem with going after Cheney is that as VP he's got authority to declassify covert operations, which establishes reasonable doubt as to whether he had intent to out Valerie Plame for vengeance. Like all Cheney would have to say is that yes he was irritated by Joe Wilson's comments, but more importantly it was Joe's comments that were inaccurate, not his and to bolster his case he wanted to let people know that Joe Wilson only got the job because of his wife, or whatever lame excuse they would come up with.

In civil court though, where the burden of proof is by a preponderance of evidence, I think the Wilson's could prevail (keeping my fingers crossed!) Somebody needs to change the law or something though because it really is a travesty how Cheney was able 'send a message' to the CIA like he's a mafia boss or something - ugh!

[clemenhagen1]

A clear an irrefutable fact: Robert Novak exposed Brewster-Jennings, an active CIA front-company. Brewster-Jennings operated under the pretense of being an energy consulting firm when in fact they investigated issues related to weapons proliferation. With these facts not in dispute, the question becomes obvious: why would the administration knowingly and deliberately expose the identity of a covert CIA operation?

I can think of no other reason than to fire a shot-across-the-bow to the intelligence community? Can you come up with a more rational explanation than that? The administration had woven a web of lies, fabrications, and deceits to sell their war of choice. When Wilson publicly challenged the administration on one piece of their fiction they went on the offensive. This outting of Brewster-Jennings sent a clear message to the intelligence community: sound off about the truth and we will stop at nothing, including targeting your family, to destroy you. Anyone got a better interpretation than that? What possible other motive did they have to expose Brewster-Jennings?

[houchin21]

Vice president cheney should be charged, president bush will just pardon scooter libby.

[adian1-2009]

I am not a Republican. Mr. Libby was not alone in this conspiracy, he was just a participant. If it is fair or not that he be the only one to be forced to pay would be a good issue to debate. Where is --are-- the other --others-- that came up with the idea of burning that lady as a revenge against her husband for politicking reasons? What about Rove, Cheney, etc.? The guilt of others would not excuse Libby, right. Guilt is bore alone; glory is always shared! What I think will happen is that Mr. Bush will be loyal to Cheney and will pardon Libby. Just wait and see. For this kind of crime, there are always two kinds of justice. You may think that Bush, for the sake of his legacy, will think twice before he pardons Mr. Libby. He will not. He knows that there is no other legacy but the mess he is going to leave us with!

[karlimhof]

you guys read this?:

Libby's false account of events, he added, was meant to serve as a "blocker ... to cut off all those conversations with people, including the vice president." There is, Fitzgerald said, "a cloud over the White House as to what happened. Don't you think the FBI, the grand jury, the American people are entitled to a straight answer?"

- Patrick Fitzgerald

[karlimhof]

The CIA says this leak was a crime, one they DEMANDED be investigated when Bush tried to sweep it under the rug. Libby didn't get charged with the full crime - doesn't mean one didn't happen.
Posted by SusanHelit


That is exactly right - and the CIA's request to investigate was the result of Cheney's criminal act to discredit the CiA and its Niger Report which didn't jive with cheneys scenario.

[karlimhof]

I never was big on comparing this scandal to the Watergate scandal. That one changed history.

- CBS Andrew Cohen


I get real angry when I read such flippant remarks - and we have to read them.

How many deaths were due to Watergate ?

How many billion were wasted on Watergate ?

How many Americans were lied to by Watergate ?

How many unjust wars were fought because of Watergate?


History changed by Watergate? Cohen, jump in a lake, you fool.

[karlimhof]

America doesn't like losers, and it doesn't like traitors. Those dead will not have died in vain.
Posted by SharnCedar


I agree - and to be sure they haven't died in vain, we need a federal investigation into the use and fabrication of intelligence which we were spoon-fed in order to get our approval -

This is a job for Fitzgerald.

[sharncedar]

Perhaps Scooter Libby's head satisfies y'all, but I doubt that makes up for 3,000 dead American soldiers and $1 trillion stolen taxpayer money. Bigger heads than that will go on the pike before this is over. The retribution phase of the war losers hasn't even begun yet. Scooter got off cheap. America doesn't like losers, and it doesn't like traitors. Those dead will not have died in vain.

[emhawks]

To dredre2k:
Good post! I agree 100%! Hopefully, the blood clots will get Cheney & we won't have to deal with him anymore. Unfortunately, the results of his "work" & his "legacy", will have to be dealt with for many years.

[samthetvcat]

"He later goes on to claim an arrogant abuse of power by the Bush administration...how so? Becuase Libby forgot when and what he said to reporters?"
Posted by a91mar709

Ummm . . . an impartial jury after weighing the evidence concluded beyond a reasonable doubt that Libby didn't just 'forget when and what he said to reporters' - and in the process he intentionally lied to investigators, which brings up the larger question of WHY Libby would criminally lie . . .

Just because it isn't currently a crime to declassify an agent's covert status with the (apparent) intent of retaliating against her husband for speaking a TRUTH that worked counter to the administration's agenda doesn't mean it shouldn't be or that it's moral.

It sounds as though this jury did a very thorough job and they voted to convict because the evidence warranted it. No more---no less. Not only that, they wondered along with the rest of America why only Libby was up for trial.

[goldesprit]

A lot of this article is true.
But since its about the end of spin, we need to realize that this excerpted paragraph is wrong:

"The predictable conviction of I. Lewis "Scooter" Libby on federal perjury, false statement, and obstruction of justice charges brings to an end an ugly chapter in the life of the Bush administration."

No. When he is permanently sentenced, and his superiors and Carl Rove in particular--are actually tried and sentenced--after any and all appeals--then this single chapter of many vile chapters, will be over.

It ain't over 'till its over.

[susanhelit]

The CIA says this leak was a crime, one they DEMANDED be investigated when Bush tried to sweep it under the rug. Libby didn't get charged with the full crime - doesn't mean one didn't happen.

[sandycat2]

This is a ridiculous column written here. Libby was found guilty of lying. There was never any crime about outing Plame. If there was, someone would have been tried for doing that. This prosecutor knew early on that Richard Armitage was the leaker of Plames name and that no crime was committed. But he continued to investigate these other people in the White House anyway which seemed to me to be an inquistion. And just to prove the prosecutor hadn't wasted our tax money, he indicted someone, Libby, who just got things mixed up in his inquistions. And the prosecutor wasted more of our tax dollars by going ahead with the prosecution rahter than admit his investigation was for nothing, just a wasteful spending of tax dollars on a witch hunt. This article is beyond stupid.

[a91mar709]

I was appaled at Mr. Cohen's claim statement that the judgement against Mr. Libby was not equivalent to the treatment Bush inflected upon its enemies..."real and perceived". What specifically is Mr. Cohen referring to? He later goes on to claim an arrogant abuse of power by the Bush administration...how so? Becuase Libby forgot when and what he said to reporters? It would be interesting to hear Mr. Cohen's take on Dan Rather's failed smear of Mr. Bush during the 2004 election. Mr. Cohen's hyperbole is no surprise; we remember well his "legal analysis" during the disputed 2000 election. Mr. Cohen was little more than a cheerleader for Mr. Gore and the democrats then as he is now.

[dredre2k]

Cheney is the source of this debacle; Scooter's just the fall-guy. Cheney committed treason when he ordered the leak of a CIA agent's identity.

If I were Scooter... now that i'm convicted and going to prison, i'd start spilling ALL of Cheney's, Karl Rove's, and Bush's dirt. I'm sure he had access to all of the juicy scandals in Washington.

[creeper00]

clemenhagen1,

In six years I have never seen a clearer depiction of the corruption in this administration than the one you posted here. I thank you for your post.

[samthetvcat]

Okay, time to really turn the screws on these thugs to minimize the chances of Bush granting him a pardon and making even more of a mockery of their abuses of power . . . sentence this clown to the max, no special breaks with a country club prison, maintain a high profile on the Wilson/Plame civil suit of Cheney and Rove, Congress needs to introduce a bill/amendment to exclude ex-cabinet members from being granted a Presidential pardon, give Scooter a cell-mate named 'Bubba' if you know what I mean, etc

[Razzl]

I hope he gets a transfer to Guantanamo...who else could appreciate *** Cheney's idea of due process better than his policy poodle?