Friday, November 04, 2005

Why Libby will never be convicted

The WSJ has an opinion about the problems for the press with the prosecution of Scooter Libby. I think that it will go even beyond what they are saying. As a defense lawyer, I would want to tie up the courts by arguing that I need everybody's notes who had even heard of Valerie Plame. Of course, all of the press services will go to bat to try and protect their work product, but that doesn't rate nearly as high as the right to a vigorous defense, and courts are going to have to order that they turn over all of their notes.
Then, the defense comes down to examining three reporters recollections of conversations versus someone who is a defendant. That should be a real hoot. "What do you mean Mr. Russert, that you didn't take dictation of the conversation, instead of just jotting down some notes? Are you sure that your notes accurately reflect what you and Mr. Libby talked about? Or has it been colored by your subsequent testimony before the Grand Inquisitor, I mean Special Prosecutor?"
Then too, I would want to be going after the CIA at the same time. Why did Valerie Plame's husband go to Niger? Why was he not required to file a written report? Why was he not required to sign a non-disclosure agreement? Who in the CIA authorized the trip? Who actually did leak the name of Valeri Plame, and was she ever covert?
And all the while you know that Karl Rove's lawyers are gathering all of the information to assist in their defense.
It sure is fun watching energetic stupidity at work.

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