John Dean: The Truth About Libby's Statements to the Grand Jury

The Truth About Lewis "Scooter" Libby's Statements to the Grand Jury Claiming the President Authorized a Leak of Classified Information:
The President and Vice President Are Not In the Clear Yet
By JOHN W. DEAN
Friday, Apr. 07, 2006

Special Counsel Patrick Fitzgerald has now revealed in court filings bombshell information that I. Lewis "Scooter" Libby told the grand jury investigating the leak of Valerie Plame-Wilson's covert CIA identity. According to Fitzgerald's filings, Libby said that he was authorized by the President and Vice President to leak classified information to New York Times reporter Judith Miller.

This revelation has been accompanied by a number of public misstatements, which call for correction. The most blatant of these is the claim that Fitzgerald's filing indicates that the President authorized the release of Valerie Plame's covert status at the CIA. In fact, the document is conspicuously silent on this fact. The filing does indicate that the President authorized the release of classified information, but it was different information - a National Intelligence Estimate that had been classified pursuant to an executive order.

In addition, conventional wisdom - if that label fits the consensus information that is surfacing on radio and television news shows - has it that this information does not reveal that the President or Vice President did anything illegal. But that claim, too, is not necessarily accurate.

At a minimum, the filing indicates that the President and Vice President departed radically, and disturbingly, from long-set procedures with respect to classified documents - and that the Vice President, in particular, exceeded his declassification authority. And it may indicate that they, too, ought to be targets of the grand jury.

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http://writ.news.findlaw.com/dean/20060407.html

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Many commentators are dismissing this situation as run-of-the-mill presidential/vice presidential politics. But I believe it is more serious.

From a political perspective, separate from the illegality, there is the hypocrisy: The Bush Administration has prosecuted and sent to jail officials who leaked far less serious information - as I discussed in detail in a prior column. It is actively, and currently, threatening to prosecute others who have leaked information about the president's illegal electronic surveillance of Americans.

Beyond the hypocrisy, however, is what the President, Vice President, Libby and no doubt others did to destroy the career of Valerie Plame. Maybe the administration has quietly settled with the Wilsons, who seem to have dropped out of the public eye. This would have been wise, because as the facts unravel, it increasingly appears that administration officials did indeed attack Mr. Wilson for his speaking out; the leak of his wife's identity does indeed seem to have been done in harsh retribution. Such a violation of civil rights is a crime.

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There will be more devastating revelations from the Libby case, I am certain. I have written of this matter in the past, and anticipate writing more in the future. The Commander-in-Chief-can-do-no-wrong veneer is wearing off, thankfully. For a nation that cannot hold its commander-in-chief responsible is something other than a democracy.