“One comment on the Libby indictment and your comments where you say ‘Fitzgerald did not believe he had enough evidence to prove that Libby knowingly outed a covert agent’s identity.’ I think you are correct, but I think that speaks to the heart of the cover up.

According to the indictment itself, Libby repeatedly told FBI investigators and the Grand Jury that he passed on the information that Wilson’s wife worked for the CIA, but, every time he did so, he made sure to note that this was just what he had heard from other reporters, and did not know if it was true. According to the indictment, this was a lie, because he had learned this information on numerous prior occasions, once from Cheney himself.

The key part of the indictment is on page 21, with this question:

Q And let me ask you this directly. Did the fact that you knew that the law could turn…on where you learned the information from, affect your account to the FBI…?

A: No, it’s a fact, that’s what I told the reporters.

Libby was clearly lying because he thought if he told them that he learned it from Cheney and disclosed it to reporters, he might have been convicted for the underlying crime. And he might have been.

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.”


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