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    Monday, August 08, 2005

    Who Is Obstructing Justice - Libby, Miller Or Bush?

    If the exclusive report written by Murray Waas for the online edition of The American Prospect is accurate, and no one has disputed it, I. "Scooter" Libby is purposely obstructing the investigation into the Plame leak, or George Bush is complicit in allowing it to happen by not ordering him to cooperate. In the article titled "The Meeting", Wass discloses that he has found out through his sources that
    Libby, the chief of staff to Vice President Dick Cheney, has told federal investigators that he met with New York Times reporter Judith Miller on July 8, 2003, and discussed CIA operative Valerie Plame, according to legal sources familiar with Libby's account.
    That makes it two days after Joe Wilson published his op-ed piece contradicting Bush's claim in his SOTU address that "The British government has learned that Saddam Hussein recently sought significant quantities of uranium from Africa". So what makes that meeting important?
    The new disclosure that Miller and Libby met on July 8, 2003, raises questions regarding claims by President Bush that he and everyone in his administration have done everything possible to assist Fitzgerald's grand-jury probe. Sources close to the investigation, and private attorneys representing clients embroiled in the federal probe, said that Libby's failure to produce a personal waiver may have played a significant role in Miller’s decision not to testify about her conversations with Libby, including the one on July 8, 2003.
    If everyone in his administration have done everything possible to assist in the investigation, why hasn't Libby signed that waiver allowing Miller to testify and get out of jail? If Bush truly wanted this investigation to go forward, he would order him to sign such a waiver. Especially in light of the fact that Miller herself stated
    she would not consider providing any information to investigators about conversations with Libby or anyone else without a more specific, or personal, waiver. She said she considers general waivers to be inherently coercive. Bill Keller, the executive editor of The New York Times, has previously said Miller had not been granted "any kind of a waiver … that she finds persuasive or believes was freely given.
    Unless of course that is a red-herring on Miller's part and she is only using that as an excuse not to testify out of the fear of implicating herself. I tend to agree with this scenario posted at Talk Left
    I think Judith Miller is protecting her stable of Pentagon sources - not just Lewis Libby. And that range could establish the coverup and implicate those at the very top - up to or just short of Dick Cheney. I don't think a personalized waiver from Libby would have made any difference at all. What Miller would need to talk is an assurance from Fitzgerald that she will be questioned only about her meeting and conversations with Libby and that she need not reveal any other source. Or, she needs the same assurance from Fitzgerald that he gave to Walter Pincus: that she can testify to the substance of her conversations with her source but not confirm his identity.
    So there you have it. Either Libby is obstructing justice along with Miller to protect Bush/Cheney et al, or Bush is obstructing justice by permitting it. For an excellent timeline of how/when things unfolded in this entire Plame leak, go to DCCC.

    posted by canuk at 9:25 p.m.
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