Sunday, October 30, 2005

The dreaded comparison ...

I've been waiting for some other blogger to make the point better than I can, but nobody seems to be biting. Brad DeLong comes closest and his take is worth reading, but when you want something done, I guess you have to do it yourself. So, here goes:

The Republicans are throwing a Hissy fit. Literally.

Let me backpedal a bit. Some Republican and conservative bloggers are taking the Libby indictment seriously. Their opinions range from "Jesus, Libby was really stupid -- why didn't he just get all up in Fitzgerald's grill and say 'yeah, I outed her -- no law broken, though, so back off, man?'" to "this is a serious matter. The whole Saddam's nukes/WMD/Iraq war issue has been under a cloud for more than two years now because this geek lipped off to the press and then tried to cover it up. Throw the book at him."

Others, however, run more in the direction of "that's all ya got, huh?"

Bill Quick at Daily Pundit -- "Even the bigstream media is suddenly noticing that there is no 'there' there. ... the moonbats at moveon.org and the Kossacks at the Kosa Nostra were going crazy in slavering anticipation. Now they get one aide charged with lying about sex what he said to some reporters. Pretty thin gruel to feed such a pack of howing beasts, eh?"

Mark R. Levin at National Review's "The Corner" -- "Frankly, this has the smell of Lawrence Walsh, who claimed that top Reagan officials violated various laws without charging them, and his defenders waived around Walsh's public statements as evidence of crimes. ... we have strained efforts now to accuse Libby of passing classified information without the benefit of an actual charge."

Let's take this from the top:

Alger Hiss was accused of (but not charged with) delivering classified information to the Soviet Union. Scooter Libby is accused of (but not charged with) delivering classified information to ... well, pretty much everyone who reads The New York Times or Time magazine, presumably including operatives of every intelligence agency, friendly or unfriendly, in the world.

A brief note on classified information: There are different levels of classification, and we don't know which one covered Valerie Plame's status at CIA. The key thing to remember is that all levels of classification assert damage to the security of the United States as a potential consequence of mishandling the information. The disclosure of "confidential" information could "damage" the national security. The disclosure of information designated "secret" could cause "serious damage" to the national security. And "top secret" information is information which, if disclosed, could cause "grave damage" to the national security. Prosecutor Patrick Fitzgerald asserts in the Libby indictment, and asserted at his press conference, that Plame's employment by the CIA was, in fact, classified information -- and in so asserting, he implicitly also asserted that its disclosure was damaging to the national security to one degree or another. Now, back to our regular programming:

In the case of Hiss, the statute of limitations had run out by the time his alleged activities came to light, and espionage charges could therefore not be pressed. In the case of Scooter Libby, US law was "reformed" in the 1970s, over the objections of Republicans. It ceased to be automatically illegal to divulge classified information. Specific criteria of both offense and intent were written into law, and the lines dividing whistleblowing, indiscretion and crime got a lot more blurry.

In the case of Alger Hiss, the prosecutor went instead for perjury charges; in the case of Scooter Libby, the prosecutor charged perjury, then threw in false statements and obstruction for good measure.

Hiss, of course, was convicted (and it appears, according to records released after the collapse of the USSR, that he was, in fact, a Soviet spy). Libby may or may not be convicted.

The Republican line on Hiss is -- and has been for 50 years -- that he was guilty as hell and deserved what he got (44 months in prison). The Republican line on Libby, at least in some quarters, is that if Fitzgerald can't nail him for outing Plame, charging him with perjury is just sour grapes.

Republicans are agitating, in other words, for the rehabilitation of Alger Hiss (not to mention Bill Clinton). Isn't it a little late for that?

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Friday, October 28, 2005

"Ladies and gentlemen ... we got him"

This blog post won't go up until after Fitzgerald's announcement, but it's being partially written early on Friday morning. As I write this, the New York Times is predicting the indictment of I. Lewis "Scooter" Libby -- Vice President Dick Cheney's chief of staff -- for making false statements to the grand jury in the PlameGate inquiry. The Times also predicts an extension of the jury's term so that Fitzgerald can hunt bigger heads.

In a day when even the most minor scandal gets hyped all out of proportion, it's difficult to assess the impact that the handing down of indictments will have. Many of the same people who've counted President Bush down and out before are doing so again, forgetting what a surprising tendency he has to pop right back up, fists flailing.

Will this week -- with the 2000th US military death in Iraq, the withdrawal of Supreme Court nominee Harriet Miers, and now possibly indictments of major administration figures -- mortally wound the Bush administration? I just don't know. The elder George would be curled up in a fetal position under the desk in the Oval Office, wailing "read my lips! Read my lips!" under these circumstances. But Dubyah isn't his father's son -- he is, for lack of a better word, far more ... Clintonesque.

I've already hypothesized that Harriet Miers was a maguffin -- that her nomination was intended to channel the conservative rebellion and get the GOP lined back up behind Bush. I won't be terribly surprised if the administration pulls a prefab "victory" of some sort out of the hat in Iraq next week. And "the Fitzgerald indictments," if they come, may serve to unify the right rather than to cower it. Don't touch that dial.

UPDATE, noonish: Well, it's Libby -- five counts altogether -- perjury, making a false statement and obstructing justice. The indictment came out of the court clerk's office a few minutes ago; Fitzgerald's press conference is still scheduled for 2 p.m. eastern.

UPDATE, 12:10 pm: Fox News (the TV version -- nothing on the web yet) is now reporting that Libby has resigned his position as Vice President Dick Cheney's chief of staff.

UPDATE, 1 pm-ish: I'm just going to keep the window open and liveblog Fitzgerald's camera-mugging excursion (hitting "publish" every few minutes and then editing ... so don't touch that dial!). Fox is reporting that President Bush will be speaking publicly on the Libby indictments (why am I watching Fox, you might ask? Because, being the most sympathetic of the channels to the Bush administration, they'll filter out the worst of the speculative bullshit, which in this case will mostly be coming from the left). In the meantime, I'm scanning the blogosphere for tidbits:

Kathryn Jean Lopez, over at National Review's blog The Corner, learned from a reader why Fitzgerald put off his press conference until mid-afternoon ... he's from Chicago, and today is the White Sox victory parade. A man's gotta have his priorities, and even if it wasn't the Cubs, a World Series Victory is obviously more important than shooting the bull with reporters about Scooter Libby.

Over at Below the Beltway, Doug Mataconis brings up the Martha Stewart analogy. That's fair, and a comparison I made elsewhere (specifically the Slick-D list on Topica) in predicting the outcome here.

Now it looks like the president is actually going to comment before the Fitzgerald circus. Developing ...

Okay, no, Fitzgerald goes first. He's describing the indictment at the moment. Anyone ever notice that he looks a lot like Howard Dean?

He's almost immediately into the meat of it ... whether Plame's work for the CIA was covered by the Covert Agent Identity Protection Act or not, it was classified, it was leaked, and that does represent a risk to national security, even if only by establishing a bad precedent in letting it slide. Good point. He also points out that her work was not, as some pundits have dismissively claimed, "general knowledge" among her neighbors, friends, etc.

Okay, now he's describing the grand jury process, explaining why the public doesn't get to know what all is going on in there, and obviously coming to the point of how bad it is to lie to the grand jury, which is what Libby is accused of doing. Bam -- he just hit that one. He's going through the timeline of Libby's interactions with investigators and the jury. I'm not going to transcribe -- that timeline will surely be made available on the web. Note, however, that Fitzgerald alleges that Libby did not, as he first attested, learn of Valerie Plame's work for the CIA from Tim Russert, but rather from "other government officials," that he in fact discussed it with reporters before he talked with Russert, and that he didn't even discuss it with Russert.

About 1:30 -- Fitzgerald is taking questions. He seems to have been said that the grand jury is going to be "held open" to consider "other matters." In responding to the question of the "Martha Stewart" analogy -- this was a leak investigation, why no prosecution for leaking? -- he has been using baseball analogies (a pitcher hits a batter -- why did he do it and did he mean to?) to explain why the digging isn't going to stop. He is (as is proper) declining to comment on anyone who hasn't been indicted, and noting that only Libby has been accused by his office and by the grand jury of committing criminal acts.

This investigation is clearly not over. "I will not end this investigation until I can look everyone in the eye and tell them ..." ah, screw trying to transcribe quotes. It just ain't over. Period. You'd think the press would be familiar enough with the law on keeping grand jury secrecy to stop hectoring this guy. "What about Rove?" "Who are you looking at?" Jackals.

Bored yet? I've never liked liveblogging, but this seems to need it. Personally, I'm waiting with bated breath for Justin Raimondo's take on this thing (link is to his "current column" page -- maybe I'll remember to put in a permalink, maybe I won't).

Fitzgerald: Tired, want to go home, wish this was over a long time ago, yada, yada, yada. Doesn't hate reporters but sometimes their testimony is necessary, yada, yada. Dammit, am I talking to the walls here? I can't tell you what else I'm looking into, harumph. Not alleging violation of covert agent act, but again, Plame's affiliation with CIA was classified, get it?

Response to charges that he's partisan: "One day I read that I was a Republican hack, the next day I read that I was a Democratic hack, and the only thing I did in between those two days was sleep."

Okay, now he seems to be is saying that it may will be a new grand jury, not an extension of the old one.

Interlude: Byron York at NRO's The Corner: Who is "Official A?"

This whole thing reminds me of why I sometimes hate the press. Were these reporters locked in a sealed room for the last two years or something? And where did they go to J-School? Ah ... someone just brought up "Official A." May get interesting, and maybe not all of these reporters are stuffed mannequins with tabloid scripts on tape players inside their heads.

Now he's explaining the difference between England's Official Secrets Act and the less restrictive US laws on divulging classified information. The undertone here is that the actual disclosure of Plame's CIA employment, even though it was classified, isn't necessarily prosecutable.

Finally, some reporter who looks like Scott Bacula is asking about old grand jury/new grand jury ... and Fitzgerald manages to be unclear yet again. As best I can tell, a new grand jury will be empaneled, but he won't say why, or what he's after with them.

Interesting ... Fitzgerald was just asked (about 3:05 pm eastern) if he had sought indictments that the grand jury didn't give him. He looked around for rescue and got a shake of the head from a colleague to tell him he's not allowed to say. His demeanor indicates that yes, he did ask for more than he got.

Back to stupid and/or unanswerable questions. I'm bailing, folks. I don't get paid enough to watch the farce that press pools make out of these kinds of things, and I don't see how the principals manage to put up with it without wringing a journalistic neck or three. Back later with my real schtick -- opinion.

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Wednesday, October 26, 2005

Don't tell the assessor ...

The guys over at Business Opportunities Weblog have created a neat little online tool -- based on the money changing hands in the AOL-Weblogs Inc. deal, it values your blog. Well now:


My blog is worth $180,652.80.
How much is your blog worth?



If anyone wants to buy Kn@ppster for $180K, consider it sold. Drop me a line. I'll even continue doing the writing for a year. Make it $200K and I'll walk your dog and cook you dinner.