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Libby Indicted, Resigns

By Jeralyn, Section Valerie Plame Leak Case
Posted on Fri Oct 28, 2005 at 10:11:05 AM EST
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Indictment In: Five Counts Against Libby: Obstruction of Justice, Making False Statements and Perjury.

Here is the Text of the Indictment via Smoking Gun. Official version from Fitzgerald which is much easier to read is here (pdf). Libby has resigned.

********
12:38 ET: MSNBC: Court is in session, grand jury is in courtroom. The grand jury foreperson has handed the materials to the judge.

ABC reports Libby's boxes are packed and he will resign after the announcement.

Update: 12:24 ET: MSNBC reports the grand jury is proceeding into the Courtroom.

12:31 ET: MSNBC: Fitz is in the courtroom, grand jury is not.

What's going on? I think they are selecting the Judge. The case has to be filed with the Clerk of Court at which time there is a random selection process of the Judge who will preside. After the Judge is picked, then the Clerk file stamps the case. The Calendar and Case Management Committee, composed of Judges, are present for the random draw. At least that's my understanding from reading the local rules of the DC District last night.

*******
15 minutes to go. CNN is reporting that Libby will be indicted, Karl Rove will not be, but they are still using the phrase "he will remain under investigation." Bush just flew out of town on Air Force One. Cheney is fundraising in Georgia.

The Administration's line is "Business as usual" today. I suspect that means there will not be a large number of indictments.

Fitz will hold a press conference at 2pm ET

12:18 (ET): nothing yet

< Russert Speaks on His Role in Plame Case | Where Are the Plea Agreements? >

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    Libby Indicted, Resigns | 25 comments (25 topical)
    Re: Libby Indicted, Resigns (none / 0) (#1)
    by squeaky on Sat Dec 17, 2005 at 01:05:29 PM EST
    A it like the Academy Awards, Miss America, or Let's make a Deal, if you are ints those sorts of things....one minute left

    Re: Libby Indicted, Resigns (none / 0) (#2)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:29 PM EST
    On the first day of Fitzmas Fitzgerald gave to me An indictment of Scooter Lib-by (Sorry, couldn't resist)

    Re: Libby Indicted, Resigns (none / 0) (#3)
    by desertswine on Sat Dec 17, 2005 at 01:05:29 PM EST
    No dancing beyond this point, please.

    Re: Libby Indicted, Resigns (none / 0) (#4)
    by squeaky on Sat Dec 17, 2005 at 01:05:29 PM EST
    Silly DOJ..If they only were up to speed they would have been able to pay for the whole 22 months past and the future trial, with a few Adverts. The announcements could be made in a major stadium, Howard Cosell or Monty Hall could be brought back as hosts for the event. To take it a step further the potential indictees raise all the money they would need for their defense by starring in the ads, Rove could do Viagra (When the chips are down your willy doesn't have to be), Libby could a K-Y lubricants (In a jam, going on a trip up river, well be prepared for those long nights, I use K-Y), ) and Cheney could do a spot for Depends (when the sh*t hits the fan be prepared with Depends.) There is lots of money to be made here, Fitzgerald is ahead of the curve on most things but on this he is way behind.

    Re: Libby Indicted, Resigns (none / 0) (#5)
    by aw on Sat Dec 17, 2005 at 01:05:29 PM EST
    Why the heck couldn't Russert have said he wasn't a leak "recipient" a long time ago?

    Re: Libby Indicted, Resigns (none / 0) (#6)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:29 PM EST
    That's it? That's all? Just Libby?

    Re: Libby Indicted, Resigns (none / 0) (#7)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:29 PM EST
    That's it? That's all? Just Libby? You were expecting more? As we all know now the key is to get an insubordinate to be the scapegoat and get those above him off, who is later than given a pardon or a really light sentence. We saw the same thing with Watergate, Irangate and many other siturations. They might surprise us and actually go after the leakers but I don't think I have much faith in it. Thats just not how politics in the US is done.

    Re: Libby Indicted, Resigns (none / 0) (#8)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:29 PM EST
    The text of the Indictment that you link to is not complete -- it has 7 pages, but it ends in the middle of a recounting of the facts... There should be a section at the end linking the charges to the facts. Anyone know where we can get a copy?

    Re: Libby Indicted, Resigns (none / 0) (#9)
    by nolo on Sat Dec 17, 2005 at 01:05:29 PM EST
    If you go to Eschaton, Atrios has a link to the Smoking Gun post of the indictment.

    Re: Libby Indicted, Resigns (none / 0) (#10)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:29 PM EST
    Limey:
    ... all know now the key is to get an insubordinate to be the scapegoat and get those above him off
    Had to laugh! Was "insubordinate" intentional, or a freudian slip?

    Re: Libby Indicted, Resigns (none / 0) (#12)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:29 PM EST
    Question - Why did Libby wait until after the indictment to resign? He chose to be indicted as a member of the Bush administration, rather than as a former member. There's a big difference. It was a choice.

    Re: Libby Indicted, Resigns (none / 0) (#13)
    by unbill on Sat Dec 17, 2005 at 01:05:29 PM EST
    "They turn in clusters, because their roots connect them." This is exactly the strategy of the White House - everyone turns "in clusters" because the "roots" connect them to the Vice-President's Office. Libby takes the fall protecting the VP.

    Re: Libby Indicted, Resigns (none / 0) (#14)
    by jimakaPPJ on Sat Dec 17, 2005 at 01:05:29 PM EST
    Darkly - But no indictment for "outing a covert agent." Interesting, don't you think?

    Re: Libby Indicted, Resigns (none / 0) (#15)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:29 PM EST
    For the Libby indictment, the Fitzgerald press release and a complete collection of the latest PlameGate news, briefings, timelines, statutes and other essential documents, see: "The PlameGate Scandal Resource Center."

    Re: Libby Indicted, Resigns (none / 0) (#16)
    by Dadler on Sat Dec 17, 2005 at 01:05:29 PM EST
    Jim, And O.J. didn't get convicted for any criminal activity either. What's your point? I'm listening right now to the press conference, and they've just said Valerie Plame's CIA IDENTITY WAS NOT KNOWN as you claim it was. If they can't figure out yet legally who leaked it, well, I'd suggest staying tuned. For more indictments. Sooner or later.

    Re: Libby Indicted, Resigns (none / 0) (#17)
    by Jlvngstn on Sat Dec 17, 2005 at 01:05:29 PM EST
    Q: So you're saying -- you're saying categorically those three (libby, rove, abrams) individuals were not the leakers or did not authorize the leaks; is that what you're saying? MR. McCLELLAN: That's correct. I've spoken with them. October 7, 2003

    Re: Libby Indicted, Resigns (none / 0) (#18)
    by squeaky on Sat Dec 17, 2005 at 01:05:30 PM EST
    from the indictment:
    On or about June 12, 2003, LIBBY was advised by the Vice President of the United States that Wilson's wife worked at the Central Intelligence Agency in the Counterproliferation Divison. LIBBY understood that the Vice President had learned this information from the CIA.
    josh marshall poins out:
    This is a crucial piece of information. the Counterproliferation Division (CPD) is part of the CIA's Directorate of Operations,
    She was covert, as she worked for DO, the covert branch of the CIA, not DI the analyst branch. josh marshall

    Re: Libby Indicted, Resigns (none / 0) (#19)
    by Jlvngstn on Sat Dec 17, 2005 at 01:05:30 PM EST
    Just curious, how come i have not heard ONE politician come out and say that Ms. Plame was not covert? Why is it only the right wing spewing heads are making that statement ad nauseum, yet every chicken sh*t politician who whispers it in the ear of the spewheads does not have the cajones to come out and say it themselves???????

    Re: Libby Indicted, Resigns (none / 0) (#20)
    by Jlvngstn on Sat Dec 17, 2005 at 01:05:30 PM EST
    "In July 2003, the fact that Valerie Wilson was a CIA officer was classified. Not only was it classified, but it was not widely known outside the intelligence community. Valerie Wilson's friends, neighbors, college classmates had no idea she had another life," he added." Pat Fitzgerald, today.

    Re: Libby Indicted, Resigns (none / 0) (#21)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:30 PM EST
    Libby is innocent, I tell you! He's innocent... what's the rest of it? Oh yeah... "Innocent until proven guilty in a court of law." So we'll see. Kevin Drum sums it up nicely:
    But for now, here's the bottom line: Fitzgerald didn't charge Scooter Libby with mistakenly making a few unimportant false statements to the grand jury. He charged him with deliberately constructing a false story about how he learned about Valerie Plame, and then repeatedly telling this story to both FBI agents and the grand jury. That story was a lie, and it was a premeditated lie designed to cover up the fact that he had engaged in a long and persistent effort to uncover information about Joe Wilson's wife and disseminate it to reporters. Libby could have told the truth, but then he would have had to admit his role in outing a CIA agent in order to score political points against a critic of the administration. He didn't want that campaign to become public, so he invented a cover story, repeated it under oath, and stuck to it on multiple occasions. It's serious stuff, and that's what this is all about.
    So if you want to slap your hands over your ears and yell "LALALALALA I CAN'T HEAR YOU!!!!" could you use your inside voice? Thanks!

    Re: Libby Indicted, Resigns (none / 0) (#22)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:30 PM EST
    And another thing (from one of Andrew Sullivan's readers):
    "As Fitzgerald said, the reason that obstruction and perjury is so serious is because it prevents you from having the information necessary to charge for the underlying crime. So, although I agree with you that there is not enough evidence to prove the underlying crime, maybe that is only because Libby is covering it up."
    Re: Libby Indicted, Resigns (none / 0) (#23)
    by jimakaPPJ on Sat Dec 17, 2005 at 01:05:31 PM EST
    Squeaky - Why don't you read the law? Covert has nothing to do with who she worked for. If she was, why did the SP not indict for violation of the espionage act? Dadler - Laying aside the fact that the claim that who she worked for was not known by a significant number of people is highly debatable, there are more than one exact definition/requirement of who is/is not a covert agent. The SP obviously decided she didn't meet that requirement or else he would have charged Libby under the espionage act.

    Re: Libby Indicted, Resigns (none / 0) (#24)
    by roger on Sat Dec 17, 2005 at 01:05:31 PM EST
    Jim, The SC specifically found that Plame's status was classified. While not the same as "covert", it is enough to charge under the act. It was the other elements of the crime that he found problematic, especially as Libby lied concerning those elements. BIG difference

    Re: Libby Indicted, Resigns (none / 0) (#25)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:31 PM EST
    If she was, why did the SP not indict for violation of the espionage act?
    I'm quite certain the "obstruction of justice" charge has something to do with it. It's tough to charge someone with a violation of the espionage act when their lacky is obstructing justice.

    Re: Libby Indicted, Resigns (none / 0) (#26)
    by Edger on Sat Dec 17, 2005 at 01:05:31 PM EST
    Whizzy: Why don't you read the law? [if you think] Covert has nothing to do with who she worked for.
    (3) The term “disclose” means to communicate, provide, impart, transmit, transfer, convey, publish, or otherwise make available. (4) The term “covert agent” means— (A) a present or retired officer or employee of an intelligence agency or a present or retired member of the Armed Forces assigned to duty with an intelligence agency— (i) whose identity as such an officer, employee, or member is classified information, and (ii) who is serving outside the United States or has within the last five years served outside the United States; or... Legal Information Institute: US Code collection Cornell University Law Scool


    Libby Indicted, Resigns | 25 comments (25 topical)