The Corner

Libby & Obstruction

Ok, one last thought. Count 1 – Obstruction. What Fitzgerald said at his press conference was the reason he couldn’t prosecute the underlying crime of passing classifed information to reporters was because of Libby’s obstruction by lying. The more I think about this, the more illogical that is. The basic rationale of the indictment is that the grand jury found out he was supposedly lying, and now knows the truth. Fitzgerald could not have charged perjury and false statements had not other witnesses told him the truth. In other words, he got past Libby’s lies, and he didn’t have the evidence to charge Libby on the underlying offense. So, I believe this underscores my point, which I have been making from day one, that it was wholly inappropriate because Fitzgerald did not adhere to his own standard of only speaking to the charges that were entered, i.e., that Libby passed classified information. This was nothing more than his personal opinion. Of course, he can charge obstruction even if it fails, but he cannot rely upon the alleged obstruction in order to accuse someone of passing classified information without charging him.

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