Hard questions

When Cheney takes the stand when Libby is tried, how is he going to duck these questions?

Do the Bushistas feel he can answer them without damage? Will Fitzgerald be able to trap him in a clear lie? And then prosecute him for perjury?

Some on the progressive side think that Fitzgerald indicted Libby only for perjury not because he didn't have the goods on him for a breach of the espionage act, but because he is playing prisoner's dilemma with Libby and Rove. The deal is, they are offered a way out if they flip and give him Cheney. Whoever rats out Cheney gets off lightly, maybe even walks altogether, and the other is indicted under the EA. If neither does, both go down for perjury. Rove doesn't face a perjury indictment because Fitzgerald wants to keep the Bushistas guessing.

It's the sort of thing Fitzgerald is famed for but I think it might be wishful thinking on two counts: first, it's very possible that Fitzgerald simply doesn't think he can nail either of them on anything further -- it's not a matter simply of knowing they did it (we all know what was done) but proving it; second, Bush can simply pardon everyone involved before it gets to trial. There's some thought that Libby is angling for a pardon: he hasn't done a deal but his legal guys are looking at bringing in classified documents as evidence that the White House wouldn't want to see the light of day; the idea is that Libby's saying "I have you by the balls; pardon me and I let go". Libby definitely knows where the bodies are hidden. If he flips, Cheney goes down. Maybe, just maybe Bush. Bush is certainly dirty but he can just about play it the Reagan way: I just never knew anything about it.

I think if Bush pardons Libby before the trial, it's a clear signal that Cheney is dirty. Why else do it? The question is going to be, will they risk a trial that may or may not put the finger on Cheney, and have him face his own day in court, or will they rather admit his guilt through the mechanism of a pardon for Libby, which will have no legal repercussions for Cheney?

posted by Dr Zen @ 3:15 pm