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Ear to the Ground

Bush Channels Nixon in Libby Scandal

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Posted on Apr 6, 2006
Bush Libby Miller scandal
Illustration: Blair Golson / Photos: theage.au

In 1977, Nixon said, “When the president does it, that means that it is not illegal”?
Well, Bush’s lawyers allegedly said this about the leak of classified intelligence: “Presidential authorization to publicly disclose a document amounted to declassification of the document.”

Got it? When the president leaks it, that means it is not illegal.

UPDATE: the White House tries to quell the furor over the leak.


The Washington Post has the best news and analysis of the issue.

The paper also has legal opinions on the president’s declassification maneuver.


News:

Washington Post:

Bush Authorized Secrets’ Release, Libby Testified
Prosecutor Says Disclosures on Iraq Were Aimed at War Critic

By R. Jeffrey Smith
Washington Post Staff Writer
Friday, April 7, 2006; A01

President Bush authorized White House official I. Lewis “Scooter” Libby to disclose highly sensitive intelligence information to the news media in an attempt to discredit a CIA adviser whose views undermined the rationale for the invasion of Iraq, according to a federal prosecutor’s account of Libby’s testimony to a grand jury.

The court filing by Special Counsel Patrick J. Fitzgerald for the first time places Bush and Vice President Cheney at the heart of what Libby testified was an exceptional and deliberate leak of material designed to buttress the administration’s claim that Iraq was trying to obtain nuclear weapons. The information was contained in the National Intelligence Estimate, one of the most closely held CIA analyses of whether Iraq had weapons of mass destruction before the war.

Fitzgerald said Libby’s disclosure took place as the result of “a strong desire by many, including multiple people in the White House, to repudiate” claims made in a July 2003 newspaper article by former ambassador Joseph C. Wilson IV, who was hired by the CIA to evaluate whether Iraq sought nuclear material in Niger. Wilson wrote that “some of the intelligence related to Iraq’s nuclear weapons program was twisted to exaggerate the Iraqi threat.”

Link


Analysis

Washington Post:

Testimony Adds New Element to Probe of CIA Leak

By Michael A. Fletcher
Washington Post Staff Writer
Friday, April 7, 2006; A09

The allegation that President Bush authorized the dissemination of secret intelligence as part of an effort to buttress his case for war with Iraq introduces a new dimension to the long-running CIA leak investigation, while posing troubling new political problems for the administration.

Until now, the investigation had been about aides to Bush and their alleged efforts to attack the credibility of a vocal administration critic, including by possibly leaking classified information. Bush cast himself as a disinterested observer, eager to resolve the case and hold those responsible accountable.

But court papers filed late Wednesday night by Special Counsel Patrick J. Fitzgerald, in the perjury case of former White House official I. Lewis “Scooter” Libby, implicate Bush as knowing about efforts to disseminate sensitive information—and also as orchestrating them.

Link


Legal Opinions:

Washington Post:

Experts: Tactic Would Be Legal but Unusual

By Michael A. Fletcher
Washington Post Staff Writer
Friday, April 7, 2006; A08

Legal experts say that President Bush had the unquestionable authority to approve the disclosure of secret CIA information to reporters, but they add that the leak was highly unusual and amounted to using sensitive intelligence data for political gain.

“It is a question of whether the classified National Intelligence Estimate was used for domestic political purposes,” said Jeffrey H. Smith, a Washington lawyer who formerly served as general counsel for the CIA.

In court papers filed Wednesday, Special Counsel Patrick J. Fitzgerald said I. Lewis “Scooter” Libby, Vice President Cheney’s former chief of staff, has testified that Cheney told him that Bush had authorized the leak of secret information from the National Intelligence Estimate on Iraq in the summer of 2003. Fitzgerald’s court filing portrays the leak as part of an effort to discredit former ambassador Joseph C. Wilson IV, who contended in a newspaper column that intelligence about Iraq’s nuclear weapons program was distorted in the run-up to the U.S. invasion.

Link


Details of Libby’s testimony are available in Special Counsel Patrick Fitzgerald’s court filing (see pages 23 and 24 below). A full pdf of the 39-page document is available here. (Hat tip: The Smoking Gun)

Fitzgerald Filing I. Lewis Libby Bush


Fitzgerald Filing I. Lewis Libby Bush


A full pdf of the 39-page document is available here.

The Smoking Gun:

A former top aide to Vice President Dick Cheney told a federal grand jury that President George W. Bush authorized him to leak information from a classified intelligence report to a New York Times reporter. Details of I. Lewis “Scooter” Libby’s testimony were included in a court filing made yesterday by Special Counsel Patrick Fitzgerald, who is prosecuting Libby for perjury, obstruction of justice, and making false statements in connection with the probe into the leaking of CIA agent Valerie Plame’s identity. According to Fitzgerald’s filing, an excerpt of which you’ll find below, Libby, 55, testified in 2003 that he provided reporter Judith Miller with information from a classified National Intelligence Estimate after being told by Cheney that Bush “specifically had authorized” him to “disclose certain information in the NIE.” Libby also testified that Cheney specifically directed him to speak to other reporters about information in the classified NIE (which addressed Iraq’s purported weapons of mass destruction programs) as well as a cable authored by Plame’s husband, former ambassador Joseph Wilson. The leaking of the classified material was apparently done in an effort to counter claims made by Wilson regarding the White House’s justification for invading Iraq. The Fitzgerald filing also notes that Libby told grand jurors that he conferred with David Addington, Cheney’s counsel, about the leak directive and that Addington told him “that Presidential authorization to publicly disclose a document amounted to a declassification of the document.” While both Bush and Cheney have been interviewed by Fitzgerald, it is unknown whether they confirmed or disputed Libby’s assertion that he was authorized to disclose findings in classified reports. Libby, Cheney’s former chief of staff, resigned his White House post last October following his indictment on five felony counts.

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By Bill, February 8, 2007 at 5:49 am #
(Unregistered commenter)

I have thought this artcle was very interesting
that some of the comment that I had read on here
that Bush and Cheney using their power over the the American and our Congress and the senate we are the people of this beautiful land of our
and we elect these people into office and I would
very much like to see Bush and Cheney out of office and to impeach them and the the American people need to voice their freedom of speech and
say to their congressman or congresswoman to voice there concerns and say this president and the vice president needs to be impeach from office and these offal men should not get away what thrir doing having to much power over the congress and the American people the American people have the power to impeach this President now and speak up your rights and tell the congress that you want this President to be impeach from office I have done so and I can’t did it alone it takes all you wonderful peoole out there to do this and speak up you are the people and you have the right to call in your congress like I did and tell them that you want this President to be impeach from office this not a kind of President that I like to have and I don’t know what kind of God that he believes in
but this is not my kind of God that he believes in and I believe we should have peace in the the world not war and we should of never been in Iraq in the first place and this offal President
had lied to the American people saying that Iraq had nuclear weapons of mass destruction they never had any in the first place and the united nations said the same thing that they never had
nuclear weapons at all when the united nations went to Iraq and said no they didn’t have any at all this President is a lyer to this country and you are the American people have the right to impeach him from office

Report this

By Eleanore Kjellberg, April 9, 2006 at 10:18 pm #
(Unregistered commenter)

I DIDN’T OUT THAT WOMAN!

Who outed Valerie Plame?  Now that was the $64,000 question just a few years ago.  At first,  nobody seemed to know, it was all a big secret— Bush did manage to say at a press conference,  that if any White House officials were involved, they would be fired.
The definitive Bush statement came on September 30, 2003:  “And if there is a leak out of my administration, I want to know who it is.  And if the person has violated law, the person will be taken care of.”

        REVENGE BY ANY OTHER NAME

Well, if Bush looks in a mirror, he will find the culprit.  Scooter Libby, Cheney’s former senior aide, who was indicted for leaking Valerie Plame’s identity to Robert Novak, has finally admitted that Bush told him to leak this info.

Now the interesting, bizarre and especially Orwellian part of this story, is that if classified information, is leaked by Bush it is NOT considered illegal; nor is it considered a leak;  it just falls under the “amphorous” heading of   “declassification”—like all the other thousands of items that the White House recently declassified—just another day at the office. 
        HOW DO YOU PLAY THE GAME?

  So These are the rules, if Bush releases top secret info to the public; it is not illegal,  it is his right,  and falls within the realm of executive privilege; however, if his staff released the same info,  they would be indicted.
Well, it would have been a lot easier for little Scooter, if Bush had done the dirty deed and called Novak himself.  Scooter would have never seen a day in court, because if Bush commits a crime,  it’s not really a crime, its only executive privilege!

By the way, for those of you who might have forgotten the decrepit little details of this story,  Valerie Plame,  was a longtime CIA agent,  and the wife of former Ambassador Joseph Wilson,  she had her identity revealed in a magazine article,  written   by reporter Robert Novak, who received the lowdown about Valerie’s identity from Scooter Libby; Vice President Cheney’s former senior aid.  Scooter was subsequently indicted,  and is now squealing like a frightened pig;  he revealed that Bush told him to Leak the info about Valerie Plame. 
In fact,  according to USA Today:  “In Washington, Plame was assigned to the CIA’s Non-Proliferation Center, an organization of analysts, technical experts and former field operatives who work on detecting and, if possible, preventing foreign proliferation of weapons of mass destruction. Vice President Cheney and his chief of staff, Lewis ‘‘Scooter’’ Libby, met with officials at the Non-Proliferation Center before the invasion of Iraq to discuss reports that Iraq was seeking to buy uranium in Africa.  A U.S. official with knowledge of those meetings said Plame did not attend. But the former U.S. intelligence official said she was involved in preparing materials for those meetings.”
Bush was really pissed at former Ambassador Wilson,  who wrote a 2003 op-ed piece for the New York Times, entitled “What I Did Not Find in Africa,” contradicting Bush’s claims that Iraq tried to buy nuclear material in Niger. 
It should be noted,  Wilson was appointed to his post in Iraq by George Bush’s father, the ex-president, who praised his work there, where Wilson went toe to toe with Saddam Hussein, and was a war hawk. Wilson has supported military action against Iraq, however this time, he criticized the Bush administration for the way they did it, and the reasons they gave to justify it.
The Bush administration wanted as much corroboration as possible to add credibility to their WEAPONS OF MASS DESTRUCTION STORY, and justify their illegal actions against Iraq.  Wilson refused to comply, because he found no evidence of nuclear materials being sold.  And his punishment for not complying,  was for Bush to “out his wife,” who was a CIA agent, jeopardizing her career and endangering her associates—REMEMBER,  IT’S NOT A LEAK, IT’S JUST THE DECLASSIFICATION OF INFORMATION!

So when Bush allows warrantless surveillance; implements the Rendition Program; sends abductees to detention facilities;  imprisons supposed enemy combatants indefinitely;  eliminates the right to Habeas Corpus; encourages torture in Guantanamo Bay; turns a blind eye to war profiteering; sanctions corruption; REMEMBER IT’S NOT ILLEGAL; IT IS JUST EXECUTIVE PRIVILEGE!

“I’m a uniter not a divider. That means when it comes time to sew up your chest cavity, we use stitches as opposed to opening it up.”—Bush, on David Letterman, March 2, 2000. (the audience booed)
A man is never more truthful than when he acknowledges himself a liar.
Mark Twain

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By Dean, April 9, 2006 at 12:16 am #
(Unregistered commenter)

It’s called abuse of power.

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By felicity smith, April 7, 2006 at 1:58 pm #
(Unregistered commenter)

#6673 You need to google writ.news.findlaw.com.

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By Hilding Lindquist, April 7, 2006 at 12:46 pm #
(Unregistered commenter)

Bush hasn’t bought the line of the Neocons about the Imperial President, he is the puppet on the end of the line.

Under the United States of America concept of the separation of powers—written into our Constitution—we the people have assumed that the legislative branch of government—the branch theoretically closest to the people—has the power to set limits on government. This is confirmed in at least its powers to (1.) override an executive veto and (2.) impeach and thereby remove officials of the executive branch.

The fact that Bush #43 has asserted executive power does not diminish the power of legislative branch. It is the failure of the legislative branch to push back that allows the executive branch to encroach on our freedoms.

Simply put, we need to elect a “push back” Congress. We need Representatives and Senators who understand their responsibilities to we the people who are the real rulers of this nation.

It really is quite simple. The Neocons are an elite group who believe they know what is best for the rest of us ... and that we the people cannot be trusted to choose the right path into the future.

Their use of religion affiliation in a political strategy is designed to tap the loyalty of religious peoples to an authority the religious deem anointed and appointed by God. In this construct the doctrine of adherence to God’s Word (His authroity) kicks in, and the believers are exhorted to “stay the course” to receive the blessing of God ... the caveat being that if they don’t get it here on earth they will be richly rewarded in Heaven.

The Neocons have consistently rewarded the loyal faithful in order to expand their political power. Think of it as a huge pyramid scheme. In their view, power is the key element. It is the struggle to gain power that is the defining human enterprise ... and if you are unwilling to use the power you have then you do not deserve to have it. And with power, you can work your will.

In terms of the Enlightenment, the Neocons are whacko! They mirror the Nazis.

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By anthony, April 7, 2006 at 12:29 pm #
(Unregistered commenter)

You can’t have ‘executive privledge’ and ‘nobody is above the law’ too, it can only be one OR THE OTHER

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By Quicksand, April 7, 2006 at 7:54 am #
(Unregistered commenter)

#6673…

Despite equivocation and weasel words, bear in mind that Valerie Plame was engaged in top secret work re: WMD. Once her identity became known, that was the end of that and this Admin has refused to release the details of the damage that the revelation of Plame identity has done.

Furthermore, #6673, lets accept the argument that if “the president does it, its legal (cannibalism not excluded…). If this is the case, then our president is at the very least, widely incompetent (no surprise there: Katrina, Iraq, Osama) if not shortsighted.

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By Theodore, April 7, 2006 at 2:30 am #
(Unregistered commenter)

GWB’s & DC’s behavior is treasonous.

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By Cheryl, April 7, 2006 at 12:53 am #
(Unregistered commenter)

The best way to repair our image abroad is to correct our course at home, which means impeachment of the president and vice-president. Because other events have minds of their own, our correction will not automatically save the day in Iraq, but it could serve as a unifying force for those Iraqis who do not want a U.S. presence in their country for the unforeseeable future, and also want a somewhat sane civilization in which to live.

If the people of the United States allow this administration to get away with the biggest heist ever—-robbing the Congress and the American public of facts that preceded our invasion of Iraq—-the U.S. has no moral authority in the world, to say nothing of our ability to make practical, factual, and realistic decisions about our own country.  To do otherwise feeds the narcissism and arrogance of President Bush, others in his administration, and the neo-conservatives, who thought they knew best and could impose their will on all of us, Americans and Iraqis.  If the American public lets this go, we have acquiesced to their power, and confirmed that they indeed can do as they please.

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By Imelda Decker, April 7, 2006 at 12:02 am #
(Unregistered commenter)

It’s time for all good Americans to stand up and shout for impeachment of Bush and Cheney.  We should boycott all newspapers and tv stations that do not cover what the people of this country want.  It’s time for the people to voice their concern for honest government.

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By Mike Meyer, April 6, 2006 at 11:58 pm #
(Unregistered commenter)

Any way you look at it, this is a clusterf**f. This is two dogs screwing each other. First rule of the universe- Leave it to your own best buddy and crime partner to rollover on you first when the heats on. We still have an outed CIA agent and that is treasonous and in the worst interest of national security. You want to be safe and snuggly at home in bed? Well that damn sure ain’t it. Somebody gave the word ‘cause Scooter ain’t the kind to go out on a limb on his own. That’s why he’s had a government job all his life. Andy Card didn’t, he’s just another Scooter. That just leaves Winkin’ Blinkin’ and Nod. Pick one, I’d guess they’re just as guilty, but THE BUCK STOPS AT THE PRESIDENTS DESK. THAT’S WHY HE’S PRESIDENT.
Mike Meyer-member Voter Initiative Political Party of Wyoming(VIPP)

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By James Funk, April 6, 2006 at 10:58 pm #
(Unregistered commenter)

As if Bush is ever informed of Uncle Dick’s schemes. Cheney told Libby that that Bush approved the release but I can’t imagine how that might have played-out in the White House.

Bush screams, “Cheney! Oval office, stat!”

Cheney, dropping his GameBoy, “Yes sir, Mr. president, Yes sir.”

Bush: “This Wilson prick is really starting to piss me off so I did a little digging and it turns out his wife has a little secret that we may be able to use to discredit this pain-in-the-ass. She’s a CIA NOC.”

“Mr. president, what’s a CI…”

“Nevermind, you idiot! Just have your boy Scooter release this info I just drafted. Now get the hell out, Dick”

“Yes sir, Mr. pr…”

“Now!”

Report this

By James Funk, April 6, 2006 at 10:56 pm #
(Unregistered commenter)

As if Bush is ever informed of Uncle Dick’s schemes. Cheney told Libby that that Bush approved the release but I can’t imagine how that might have played-out in the White House.

Bush screams, “Cheney! Oval office, stat!”

Cheney, dropping his GameBoy, “Yes sir, Mr. president, Yes sir.”

Bush: “This Wilson prick is really starting to piss me off so I did a little digging and it turns out his wife has a little secret that we may be able to use to discredit this pain-in-the-ass. She’s a CIA NOC.”

“Mr. president, what’s a CI…”

“Nevermind, you idiot! Just have your boy Scooter release this info I just drafted. Now get the fuck out, Dick”

“Yes sir, Mr. pr…”

“Now!”

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By Jeff Moskin, April 6, 2006 at 9:10 pm #
(Unregistered commenter)

Libby said that Cheney told him that Bush said it was OK to tell Miller and Cooper about Plame.

So…

1. Libby could be lying.

2. Cheney could have lied.

3. Both could be have told the truth, in which case Bush said it was okay to out an active CIA agent.

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By joe russ, April 6, 2006 at 8:00 pm #
(Unregistered commenter)

Get ahold of yourselves! The classification of documents and information contained in them is an Executive Branch function. If the Chief Executive, for whatever reason and motive, directs the dissemination of information previously classified “TopSecret”, “Secret” or “Sensitive”, that’s effectively the declassification of information and a subordinate’s disclosure of that information is not actionable. Argue the wisdom of the decision if you’d like, but the authority to act is indisputeable.

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By Aaron, April 6, 2006 at 7:05 pm #
(Unregistered commenter)

In Response to “the commodore” #6673, the president authorizing leaks of classified information for political purposes in order to bolster support for a questionable decision to go to war is troubling enough and most legal scholars will tell you IT’S ILLEGAL.  It’s even worse when coupled with Dubya’s rhetoric about how horrible leaking classified information is.  FYI:  None of the comments to this post assume that Bush authorized the Plame identity leak.  It seems that you’re the one who needs to read things more carefully.

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By Hilding Lindquist, April 6, 2006 at 6:17 pm #
(Unregistered commenter)

Anybody with any intelligent imagination had this figured out a long time ago.

We also knew the war in Iraq was about oil ... the continuation of the hundred years war for same that is described and documented in Kevin Phillips book, AMERICAN THEOCRACY.

Why aren’t we the people doing something about it? Because most of believe what the Bible teaches, that authority is ordained by God to rule over us.

And we have exchanged our birthright for a pot of porridge ... which is the metaphor for getting fat and lazy. We worry more about what kind of car we drive than about our inalienable rights, fought for and won by the real heroes of our history.

And if anyone thinks this gang of criminals (the Bush #43 Administration) is going to idly sit back and let the Democrats win either the House or the Senate (or both) and bring on the investigations that will land some more of them in prison ... then y’all need your heads examined.

Get ready for the BIG event. We are going to be fear-mongered into the Fourth Reich ... or at least they are going to try like hell.

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By S.C. Marcos, April 6, 2006 at 5:48 pm #
(Unregistered commenter)

The President authorizing a leak of classified information is tantamount to declassifying it?  The working theory in this White House seems to be: “Any action that is illegal becomes legal when done and/or authorized by the President”.  Can you say “Banana Republic”?

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By rationalist, April 6, 2006 at 5:23 pm #
(Unregistered commenter)

Reads more like Cheney *claimed* Bush authorized it, and that *Cheney’s counsel* said that amounted to a declassification. Note how carefully Bush was insulated from actually getting his hands dirty.

It’s “plausible deniability” all over again, only this time the “tricky Dick” is nominally the VP (but really running things for the Incompetent In Chief).

Much as I’d like this to reach the Oval Office (does Bush even have a desk at which the buck could stop anymore?), it is more likely that Cheney, the real power behind the throne, just did his own thing. He’s been running a rogue government since the beginning, this would fit the pattern perfectly. Bush is just the figurehead who rallies the troops. Everyone knows who really is the power in the White House.

Bush certainly bears ultimate responsibility for letting this crap happen on his watch and turning a blind eye (and of a Nixonesque coverup once the shit hit the fan), but, as of yet, there is no proof Bush even understood the issues involved, let alone personally authorized the initial crime. (Nor that he was sober at the time, but that’s another story).

“Do I have your authorization to do what is necessary to get this monkey off your back, Mr. President?”

“I don’t want to know the details, Dick. Just take care of it.”

“Done, Mr. President. By your command.”

“Great. Oh, look, a pony!”

(Cheney goes outside, shoots an elderly tourist passing by, who promptly apologizes for getting in the way of the Vice President’s gun.)

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By Alain, April 6, 2006 at 5:23 pm #
(Unregistered commenter)

The President of the United States is revered, not just respected, by a majority of the public because he is “President of the Greatest Country on Earth” (as we are indocrinated to believe). In the case of GW Bush, he is also supported by the all-powerful Christian lobby and the all-powerful media which is controlled by a few rich people who have been helped by Bush’s tax gifts. NOTHING of substance will come of this revelation. The “establishment” will hang tough with Bush until the end. If the Dems win the 2008 election, the Republicans will sabotage the economy (or what’s left of it) and blame it on the Democrats. The American empire is crumbling as we speak.

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By Marc, April 6, 2006 at 5:05 pm #
(Unregistered commenter)

The President has the power to declassify information. BUt that means he’s declassifying them and making them available to the public in their entirety. There’s a protocol to declassifying information. It doesn’t mean he could just selectively give bits and pieces to his puppets in the press corps.

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By Lawrence H Gordon, April 6, 2006 at 4:50 pm #
(Unregistered commenter)

But this is the same bunch that spent millions of tax payers’ money on investigating and finally impeaching Clinton for not keeping his zipper up; who tied Iraq and Saddam to Al Queada and terrorism and continues to do so; who has attacked Iraq and now is unable to extricate us from that cat fight; who acts the Imperial King. Do you expect something different? So where is Congress. And where are the Democrats. A pox on all of their houses!

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By the commodore, April 6, 2006 at 4:30 pm #
(Unregistered commenter)

Maybe you moonbats should read the article a little closer. It doesn’t say that “the President himself who authorized the illegal outing of CIA agent Valerie Plame to a New York Times reporter Judy Miller.” It says that he gave information from a “National Intelligence Estimate” on Iraq to a reporter with the specific permission of President Bush. 

I know that most of you are so blinded with your hatred that you are past reason (if you ever had any) but you really should read more than the headline or first paragrahp before you embarass yourselves (even further).

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By GH, April 6, 2006 at 4:28 pm #
(Unregistered commenter)

The President is above the law.

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By Druthers, April 6, 2006 at 3:58 pm #
(Unregistered commenter)

This is not really a surprise, it is the logic of the situation given the people concerned.  Will it have any effect on the drumbeat for the preparations going on for Iran?
Will there be a reaction in the wider public?
If not it looks as though we are up for grabs by the lowest common demoninator.

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By JP, April 6, 2006 at 2:53 pm #
(Unregistered commenter)

Major.  It could be argued Libby misunderstood his directive; otherwise, this is a stunning development.

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By felicity smith, April 6, 2006 at 1:53 pm #
(Unregistered commenter)

There is some question as to whether the president, let alone the vice-president is authorized by law to reveal classified information.  Hopefully, the lap-dog press will see fit to pursue an answer.

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By Aaron, April 6, 2006 at 1:12 pm #
(Unregistered commenter)

This is outrageous!  Why in the hell aren’t we impeaching Bush!?  I’ve never been so disgusted with the apathy displayed by the public and its congressional representatives as I am right now.

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