Trial in Error

If You're Going to Charge Scooter, Then What About These Guys?

By Victoria Toensing
Washington Post
Sunday, February 18, 2007; B01

"Could someone please explain to me why Scooter Libby is the only person on trial in the Valerie Plame leak investigation?

Special Counsel Patrick J. Fitzgerald charged Vice President Cheney's former chief of staff with perjury on the theory that Libby had a nefarious reason for lying to a grand jury about what he told reporters regarding CIA officer Plame: He was trying to cover up a White House conspiracy to retaliate against Plame's husband, Joseph C. Wilson IV. Wilson had infuriated Vice President Cheney by accusing the Bush administration of lying about intelligence in the run-up to the Iraq war.

Fitzgerald apparently concluded that a purported cover-up was sufficient motive for Libby to trim his recollections in a criminal way. So when Libby's testimony differed from that of others, it was Libby who got indicted.

There's a reason why responsible prosecutors don't bring perjury cases on mere "he said, he said" evidence. Without an underlying crime or tangible evidence of obstruction (think Martha Stewart trying to destroy phone logs), the trial becomes a mishmash of faulty memories in which witnesses can seem as guilty as the defendant. Any prosecutor knows that memories differ, even vividly, and each party can be convinced that his or her version is the truthful one.

If we accept Fitzgerald's low threshold for bringing a criminal case, then why stop at Libby? This investigation has enough questionable motives and shadowy ...." Read on.