<p>I am appalled by the “we are just victims here” attitude of people who are saying that Libby was convicted of merely superficial crimes. A jury of his peers found that he lied intentionally in the course of a special investigation about a matter pertaining to the outing of an undercover agent, and in itself this constitutes an convictable crime. </p>
<p>Putting aside for a moment the facts of her being undercover and what that implies in the law, her career was destroyed. There was a chorus of folks who joined in from within the Administration to see that she was outed. Ari Fleischer was, for one, clear that he tried to interest the media in what she did at the behest of others. And the purpose, quite clearly, was to discredit her husband. The clear result, anyway, is that a person’s life is completely upended and an experienced CIA operative is rendered useless.</p>
<p>And Lewis Libby actively sought to spread disinformation about what happened. For that, he deserves to go to prison – though he won’t because he’ll get pardoned after an appeal.</p>
<p>If a murder had apparently been committed and the central player in the drama of this murder told lies that were clearly identifiable as such, no one would be doubting that he should be held up on obstruction charges. They would assume he’s hiding something from someone, something that indicates his involvement or that of others around him. If the murder had actually been unintentional manslaughter, there would still be justifiable obstruction charges; the true nature of what happened would be unidentifiable because a key witness wasn’t telling the truth.</p>
<p>Here is a useful definition:</p>
<p>"Modern obstruction of justice, in United States jurisdictions, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. Often, no actual investigation or substantiated suspicion of a specific incident need exist to support a charge of obstruction of justice. Common law jurisdictions other than the United States tend to use the wider offense of Perverting the course of justice.</p>
<p>Generally, obstruction charges are laid when it is discovered that a person questioned in an investigation, who is not a suspect, has lied to the investigating officers. However, in most common law jurisdictions, the right to remain silent allows any person who is questioned by police merely to refuse to answer questions posed by an investigator without giving any reason for doing so. (In such a case, the investigators may subpoena the witness to give testimony under oath in court) It is not relevant if the person lied to protect a suspect (such as setting up a false alibi, even if the suspect is in fact innocent) or to hide from an investigation of their own activities (such as to hide their involvement in another crime). Obstruction charges can also be laid if a person alters or destroys physical evidence, even if they were under no compulsion at any time to produce such evidence."</p>
<p>These seem like pretty clear standards to me. Now we have a bunch of whiners putting forward this claim, never supported by standards in law, that one can’t prosecute someone for obstruction of justice if one has no proof an underlying crime was committed. Gee, it almost sounds like a “it depends what the definition of is is” defense, but it’s actually not nearly that vague. It’s really quite clear: obstruction is obstruction.</p>
<p>In this case, furthermore, it is pretty clear that there was a campaign to out Valerie Plame. But we’ll never know, in the adjudicated by a trial of peers sense of knowing – and the true initiator/s of that campaign will never have to pay for it. That is, in fact, the real crime.</p>