October 25, 2005
How High Could This Leak Investigation Go?
Judith Miller said in her NYTimes story here that:
"Before the grand jury, Mr. Fitzgerald asked me questions about Mr. Cheney. He asked, for example, if Mr. Libby ever indicated whether Mr. Cheney had approved of his interviews with me or was aware of them. The answer was no."
In our post here we questioned "[w]hy was Patrick Fitzgerald asking Miller about whether Cheney knew anything?"
Clearly a thorough prosecutor probes all angles in an investigation. But one now wonders if there is more here than known before. In a New York Times article here one learns that there may be a reason why Vice President Cheney's name arises in this testimony.
Everyone, however, seems to be discarding the possibility of a criminal charge premised upon the disclosure of the information - the leaked name - and instead looking at obstruction, false statement or possible perjury charges here. The key here is whether there was an intentional leaking. Obstructive conduct, false statements, and perjury, may be the reason why the true story is not coming to light. And if so, these charges may be warranted. But irrespective of whether the name was leaked intentionally or negligently, is someone saying that the government did not have in place a proper compliance program to avoid leaks of this nature? Did the government not demand of its employees what it demands of U.S. corporations?
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