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Is Cheney Next?

February 22, 2007 12:03 PM

Cheney_libby_nr Could a guilty verdict for a former aide bring further criminal scrutiny of Vice President Dick Cheney?

"Yes," said Sol Weisenberg, a former deputy independent counsel to former Whitewater special prosecutor Kenneth Starr.

As a federal jury deliberates the fate of former Cheney chief of staff I. Lewis "Scooter" Libby, several watchers agree. If the jury decides Libby knew he was lying to investigators, it could spur investigators to explore further whether Cheney was involved in conspiring to obstruct justice, they believe.

Libby's lawyers did not immediately respond to a request for comment. The office of the vice president declined to discuss the matter.

At issue is a conversation between the two men in the fall of 2003, soon after the federal probe began to identify who leaked CIA officer Valerie Plame's identity.

Click Here for Full Blotter Coverage.

Libby recalled the conversation from the stand, "I told the vice -- you know, there was -- the president said anybody who knows anything should come forward or something like that...I went to the vice president and said, 'You know, I was not the person who talked to Novak,'" according to the "National Journal," whose reporter Murray Waas attended the trial and was the first to note the possible trouble a guilty verdict could cause for the vice president.

"[H]e [said] something like, 'I know that,'" Libby continued. "And I said, you know, 'I learned this from Tim Russert.' And he sort of tilted his head to the side a little bit, and then I may have in that conversation said, 'I talked to other -- I talked to people about it on the weekend.'"

"What did you understand from his gesture or reaction in tilting his head?" Fitzgerald asked Libby, according to Waas' account.

"That the Tim Russert part caught his attention," Libby replied. "You know, that he, he reacted as if he didn't know about the Tim Russert thing, or he was rehearing it or reconsidering it or something like that...New, new sort of information. Not something he had been thinking about."

"And did he at any time tell you, 'Well, you didn't learn it from Tim Russert, you learned it from me?'" asked Fitzgerald. "'Back in June you and I talked about the wife working at the CIA?'"

"No," Libby responded, according to Waas.

That brief conversation could be trouble for Cheney, reports Waas, because at the time of the conversation, Cheney "already had reason to know that Libby's account to him was untrue, according to sources familiar with still-secret grand jury testimony," as well as evidence and testimony from the Libby trial.

Of course, an extended Cheney probe may not garner much. "I don't know how much more there would be for Fitzgerald to do," Weisenberg told ABC News. Libby and Cheney were the only parties to the conversation, he noted, so further cooperation from Libby would be the only way to discern its true meaning.

First, Fitzgerald would need to win a guilty verdict for Libby and push for the harshest sentence possible, said Washington, D.C. lawyer Stanley Brand, who has built a practice around defending public officials.  Then, he could grant Libby immunity from further prosecution and offer leniency in an effort to coax Libby to say more about the vice president's role, if any, in obstructing his leak investigation.

Even then, it would take a lot more evidence than that one conversation to build a case against the vice president, Brand told ABC News. "A wink and a nod can't be obstruction," he said.  "There has to be overt acts and intent."

Reached by phone Thursday, Fitzergald spokesman Randall Sanborn declined comment on the matter.

February 22, 2007 | Permalink | User Comments (53)

User Comments

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While this story of Dick Cheney's involvement makes for a great conspiracy story in the media, bottom line is whether or not the VP is the source of this information and plotted to take down political opponents such as Amb. Wilson and his wife nothing will ever be brought against him in way of charges. I believe from what we have heard so far Cheney is that source, because this is the way the VP has operated since day one in office.

Posted by: Rick | Feb 22, 2007 1:00:01 PM

Nothing will happen to the VP. GW will see to that. Scooter will not be found guilty (even though I beleive he is), and just like everything else, it will soon be forgotten. What a cover-up.

Posted by: Don | Feb 22, 2007 1:35:09 PM

The Bush-Chaney gang have found it a real nagging problem to comply with that silly Constitution that "other people" are constrained, and also protected, by. I don't know if they can come up with some sort of Executive Order to circumvent the law on this one however. The root of this case is another example of how "the administration" deals with anyone who dares to not stay "in step" with the White House's policies and desires. If you oppose Bush, Chaney, Rumsfield or Halaburton, you are going to get burned.

Posted by: grumpy grandpa | Feb 22, 2007 1:38:20 PM

It is tragic that the real crime, and a life-and-death crime at that, will go un-prosicuted and unpunished.

I wonder how many people died as a result of our own Vice President's decision to blow the cover of Brewster Jennings, our CIA's front-company in Iraq.

I don't have to wonder how many have been killed as a result of the damage that was done to our ability to collect reliable data on the presence or absence of WMD in Iraq.

If Libby lied, then he should be punished (and not pardoned by Bush). But how sad it is that those who committed the far more serious crimes in this case will live to smirk about it.

Posted by: marcoribrien | Feb 22, 2007 1:50:45 PM

Cheney beats most raps these days but what about the sealed document that I thought might be ROVE...could it be cheney we hope?
Actually the profiteering by the cheney brigade in the midst of the killing fields would be a far more appropriate take down of this fine man notwithstanding the pacemaker fizzing out on him...

Posted by: daddy | Feb 22, 2007 2:09:34 PM

Good point, Rick. Then again, whether anything criminal would come from it or not, it certainly would give ammunition to Cheney's detractors to pursue impeachment against him. What a delicious irony that would be! The House in 98 pursued impeachment against Clinton even though they knew that the Senate would never convict him. As the saying goes, you can't remove a President from office that the public doesn't want you to remove. Can't say that Cheney has the kind of support though from anyone other than right-wingers. So the Dems might be all over that like a starving dog on fresh meat.

Ahhhhhhhh karma...what goes around, comes around.....

Posted by: Ryan | Feb 22, 2007 2:10:11 PM

Nice left wing hit piece. Not one mention of Richard Armitage, the guy who actually leaked Plames name. She wasn't a covert agent, by the way. Leaking her name wasn't actually a crime. No body has been charged with leaking her name, and wont be. Why dont you report that???????

Posted by: jason | Feb 22, 2007 2:11:16 PM

Well, wouldn't "Cheney in Jail" be a great way to end the worst presidency in the history of this great country. Too bad we can't earn back the world's respect.

Posted by: Stevan | Feb 22, 2007 2:19:32 PM

Once the VP steps down, impeachment of Mr. Bush should be be the next logical step. Who's the next president? Pelosi.

Posted by: DEK | Feb 22, 2007 2:30:59 PM

And this info is coming from Fitzgerald's office, right?

Otherwise it's just speculation.

And jason | Feb 22, 2007 2:11:16 PM
you should (re)read the IIPA

Posted by: Kanye | Feb 22, 2007 3:36:45 PM

CHENEY'S DIRECRT INVOLVEMENT THE LEAKING OF A CIA OPERATIVE'S NAME. With Special Prosecutor Patrick Fitzgerald going after Cheney, we may now find out how this all got started. Remember it was the Vice President, who first told his former chief of staff her name, I. Lewis Libby where she worked.

Posted by: bradentonfloridareader | Feb 22, 2007 5:18:56 PM

Jason,
let's be clear.
1. Armitage, Scooter, Rove and Fleischer all testified to leaking her name.
2. How do you know that she wasn't covert? Wouldn't the CIA referring the matter to DOJ in the first place be an indication.
3. Did you not watch Fitzgerald's original press conference, no one has been charged with leaking because of obstruction of justice and perjury by Mr. Libby.

Posted by: Matt | Feb 22, 2007 5:19:08 PM

He can't be prosecuted for the leak, only for obstruction.

The Pres and VP are legally allowed to declassify, even on the fly, as I understand it.

Of course it's vile to DO so, in this way for these reasons, but he's allowed to do it.

Posted by: DavidBodhi | Feb 22, 2007 5:30:48 PM

Ryan- She was covert. Her CIA classmates in the agency have already stood up for her status. Moreover, the CIA itself NEVER confirms or denies the status of any agent which gives rise to your GOP talking point. Get it? Oh well, you probably don't.

Posted by: Hal | Feb 22, 2007 7:11:55 PM

Pelosi would make a better Pres than the one who occupies the Oval Office currently. BTW, other than cutting taxes for the rich, what has he done of any substance for Americans?

Posted by: Hal | Feb 22, 2007 7:14:29 PM

My prediction is that the threat of criminal indictments by the Department of Justice will be enough to cause Cheney to resign. Plus, Bush isn't getting along with his Vice President-- no one is at this moment, especially since Rumsfeld left-- so Cheney is on the chopping block and will likely be asked to leave, as so many others have left the Bush administration. Plus Cheney is being hounded by the DOJ, press, Congress, and both political parties, and his mental state is being heavily scrutinized. Rumors are flying that he's cracking up. He has a weak heart. It would be best for him to resign right now, before the indictments come, the articles of impeachment are filed, and before the civil lawsuits start piling up for his many violations of civil law.

Posted by: Cynthia | Feb 22, 2007 8:03:42 PM

I'm a fan of Justin Rood, but I find it weird that an ABC reporter would have to write "according to Waas" when quoting Libby's GJ testimony. The GJ testimony is public -- there's no need to have to trust Waas, or attribute it to him.

Unless, that is, the entire story is a summary of Waas. Which it is. Why not just provide the link and leave it at that?

Posted by: Jim E. | Feb 22, 2007 8:58:33 PM

I think that even if Libby is found guilty, in the end, George W Bush will pardon him. After all George W doesn't want a black eye over his presidency! Oh what's that you say about Mass Wepons?

Posted by: Sherry | Feb 23, 2007 12:26:36 AM

It would be an absolute disgrace for Bush to pardon Libby if he were convicted. The GOP wanted to impeach a president for lying about extramarital affairs but Bush will pardon someone who lied about something that isn't trivial. Thats disgusting.

Posted by: Rick | Feb 23, 2007 9:30:57 AM

Dear Justin:

It's W-I-S-E-N-B-E-R-G. There is no E-I in Mr. Wisenberg's name.

Adrienne Wisenberg

Posted by: Adrienne Wisenberg | Feb 23, 2007 11:54:10 AM

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