Friday, September 30, 2005

Libby & Rove waivers: avoided 2004 election

The NYTimes article which is the subject of my previous post has reinforced a simple point which we all really knew all along. It is very likely that Libby and delayed their cooperation with the investigation into the outing of Valerie Wilson for so long in order to remove it from debate during the 2004 Presidential election.

There is an excerpt in the article that addresses what has been an ongoing tussle over whether Libby's waiver to was actually voluntary. Libby's lawyer, Tate, now claims that Libby's waiver was voluntary and uncoerced from the getgo and that this was made clear to Miller's attorneys over a year ago. That would take us back to approximately September 2004.

Miller's lawyer at that time, Floyd Abrams, disagrees with this characterization of Libby's waiver. He says that Libby's lawyer had initially said the waiver was voluntary but added a qualifier: that any waiver an employee is required to sign by their employer is by its nature coercive.

So you see what is going on here. Libby, through his lawyer, now claims that he freed her to testify all along. It's her and her lawyer's fault(s) that they misunderstood and that Miller ended up in jail. How convenient.

And how convenient that he claims to have provided that "voluntary" waiver before the 2004 election took place. What has happened, despite their protestations that everyone was free to talk in advance of the election - is that the outing of the CIA operative was virtually removed from the table as a legitimate issue during that election due to a dearth of facts. Had Miller actually testified at that time, it is possible that the Vice President's Chief of Staff would have become the focus of great media and public interest for his role in this serious national security matter.

The same goes for Rove. Rove finally provided a full voluntary waiver for Matthew Cooper of Time only on the eve of Cooper possibly going to jail this past summer.

Both Libby and Rove took full advantage of the length of time it would take these court challenges to wind their way through the judicial system. Neither obeyed the President's own directive to fully cooperate.

And as a result, this ugly outing of a CIA operative, which took place in July of 2003 was taken off the table for the 2004 election. Well done cronies, well done.