Elizabeth de la Vega (TomDispatch): Final Jeopardy

[Jack Rabbit]

From TomDispatch.com
Dated Monday April 10

Final Jeopardy
Asking the Right Question About the President's Involvement in the CIA Leak Affair
By Elizabeth de la Vega

The latest in a parade of horrors emanating from the Bush administration appeared Thursday in the form of a revelation buried in papers filed in federal court by Special Prosecutor Patrick Fitzgerald in his investigation into the outing of CIA agent Valerie Plame. I. Lewis "Scooter" Libby, Vice President Cheney's former chief of staff, now under indictment on charges of perjury and obstruction of justice, told the Grand Jury Fitzgerald convened that President Bush had -- via Vice President Cheney -- authorized him to disclose selected information from a National Intelligence Estimate (NIE) to New York Times reporter Judith Miller, which he did during a private breakfast meeting at the St. Regis Hotel on July 8, 2003.

On Friday, in a press conference that bore a striking similarity to Abbott and Costello's "Who's on First?" routine, President Bush's spokesman Scott McClellan dutifully responded to reporters' questions about the disclosure. No, the increasingly robotic McClellan said, the White House will not comment on an ongoing case. But, he assured the assembled journalists, the President can declassify whatever he wants, whenever he wants, however he wants. So, McClellan implied, it would have been perfectly legal for the President to have taken this action, which he could not, of course, comment on because this was an ongoing case (and so on).

Thus has begun a debate in our media whose starting questions usually run along the lines of: "Is what the President did legal?" or "Does the President have authority to declassify information at will?" (Given the President's failure to deny Libby's allegation, it has largely been accepted as true.) The answer to those questions has generally been: Yes, the President -- as chief executive -- has the authority to declassify information at will.

But it is not only in the TV game show world of Jeopardy! that the correct answer to a problem depends on the question asked. And, as it happens, those are simply not the right questions.

Read more.

[depakid]

1. And hence- the Washington Post was lying- again

When it attempted to claim authoritatively that Bush didn't violate the law based on the new revelations.

Just goes to show what I keep saying- the Post is NOT a credible source- and anyone who takes them seriously especially on this issue is allowing themselves to be misinformed-

Here's the former federal prosecutor's analysis:

We now have sufficient information to frame the Final Jeopardy! question. This is it:

Is a President, on the eve of his reelection campaign, legally entitled to ward off political embarrassment and conceal past failures in the exercise of his office by unilaterally and informally declassifying selected -- as well as false and misleading -- portions of a classified National Intelligence Estimate that he has previously refused to declassify, in order to cause such information to be secretly disclosed under false pretenses in the name of a "former Hill staffer" to a single reporter, intending that reporter to publish such false and misleading information in a prominent national newspaper?

The answer is obvious: No. Such a misuse of authority is the very essence of a criminal conspiracy to defraud the United States. It is also precisely the abuse of executive power that led to the impeachment of Richard M. Nixon.

[WhiteTara]

2. oops delete

[WhiteTara]

3. great article

Elizabeth made it very succinct and clear how the press has been asking the wrong questions which allow * to slime away.