an unanticipated consequence of
Jack M. Balkin
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Bernard Harcourt harcourt at uchicago.edu
Scott Horton shorto at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman marty.lederman at comcast.net
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at princeton.edu
Rick Pildes rick.pildes at nyu.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
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.
Bush has been a major critic of leaks of classified information, and his aides have repeatedly said they want to "get to the bottom" of who leaked the name of Wilson's wife, covert CIA operative Valerie Plame, to the media, which touched off Fitzgerald's investigation . But in the past 33 months the White House has never disclosed Bush's apparent involvement in the deliberate disclosure of information meant to undermine Wilson.
Three months before Fitzgerald began his probe in December 2003, Bush said at a news conference that "I've constantly expressed my displeasure with leaks, particularly leaks of classified information. . . . If there's a leak out of the administration, I want to know who it is. And if a person has violated law, the person will be taken care of."
"And if a person has violated law, the person will be taken care of."
I wonder, given the administration's theory that whatever the President authorizes is necessarily legal, if these words weren't carefully chosen. Perhaps not as carefully as how the last President might choose to use the word "is," but carefully nonetheless.
Is it possible that Libby's defense here has been coordinated with the White House with a view to getting the case against him dismissed while providing some sort of legal cover for Bush, Cheney et al? Or does Scooter have some sort of a trump card he can play, if necessary, that may prove embarrassing?