(snip)
In the aftermath of Libby's recent five-count indictment, this curious sequence raises a question of motives that hangs over the investigation: Why would an experienced lawyer and government official such as Libby leave himself so exposed to prosecutor Patrick J. Fitzgerald? Libby, according to Fitzgerald's indictment, gave a false story to agents and, later, to a grand jury, even though he knew investigators had his notes, and presumably knew that several of his White House colleagues had already provided testimony and documentary evidence that would undercut his own story. And his interviews with the FBI in October and two appearances before the grand jury in March 2004 came at a time when there were increasingly clear signs that some of the reporters with whom Libby discussed Plame could soon be freed to testify -- and provide starkly different and damning accounts to the prosecutor.
To critics, the timing suggests an attempt to obscure Cheney's role, and possibly his legal culpability. The vice president is shown by the indictment to be aware of and interested in Plame and her CIA status long before her cover was blown. Even some White House aides privately wonder whether Libby was seeking to protect Cheney from political embarrassment. One of them noted with resignation, "Obviously, the indictment speaks for itself." In addition, Cheney also advised Libby on a media strategy to counter Plame's husband, former ambassador Wilson, according to a person familiar with the case.
"This story doesn't end with Scooter Libby's indictment," said Senate Minority Leader Harry M. Reid (D-Nev.), giving voice to widespread Democratic hopes about the outcome of Fitzgerald's case. "A lot more questions need to be answered by the White House about the actions of
and his staff." But to Libby's defenders, the timing of Libby's alleged lies supports his claims of innocence. They say it would be supremely illogical for an intelligent and highly experienced lawyer to mislead the FBI or grand jury if he knew the jurors had evidence that would expose his falsehoods. Libby, they say, is guilty of nothing more than a foggy memory and recollections that differ, however dramatically, from those of several witnesses in the nearly two-year-old investigation.
"People have different memories," said lawyer Victoria Toensing, a Justice Department official in the Reagan administration. She said the fact that Fitzgerald did not indict on the crime he set out to investigate -- illegal disclosure of classified evidence -- supports the conclusion that no such crime took place. Fitzgerald has said he could not make such a determination because his inquiry was obstructed by Libby's deceptions. Even if Fitzgerald shows beyond a reasonable doubt that Libby's version of events is wrong, he also must prove the former Cheney aide lied on purpose. But many lawyers and several White House aides said the case against Libby appears strong -- and has the potential to embarrass other administration officials if it goes to trial.
http://www.washingtonpost.com/wp-dyn/content/article/2005/11/12/AR2005111201085.html