Scott McClellan Voluntarily Appeared Before House Judiciary Committee And Testified About The Valerie Plame Leak. Doesn’t Think Bush Was Involved, Cheney He Doesn’t Know If Involved. Basically It Was A Book Promotion.

On Friday, June 20, 2008 Scott McClellan appeared before the House Judiciary Committee voluntarily and testified under oath as to his knowledge about the leak of C.I.A. agent Valerie Plame’s name to the press. He testified he didn’t believe President Bush either knew or was involved in the leak. As to Vice President Cheney’s role he didn’t know the extent if any. He referred to Patrick Fitzgerald’s statement that the conduct of Scooter Libbey , Cheney’s aide, cast a cloud over the Vice President’s office. Fitzgerald was the prosecutor in the Libbey case.

Libbey was convicted of obstruction of justice and lying to the FBI but not for the disclosure of Plame’s identity to the press.

McClellan testified that the White House and the Vice President have not been forthright in disclosing the details and motivation for the Plame disclosure.

While concurring with the validity of the House Judiciary Committees investigation into the firing of the U.S. Attorneys and the Plame leak he had nothing of a substantive nature to add to the investigation

Basically he seems to have been given an opportunity to publicize his book.

Labels: Scott McClellan

In former presidential spokesperson Scott McClellan’s recent book, What Happened: Inside the Bush White House and Washington’s Culture of Deception he discusses the Valerie Plame affair, over which Scooter Libbey was convicted of one count of obstruction, two counts of perjury and one count of lying to the FBI about how he learned Plame’s identity and whom he told. Now Chairman Conyers has invited McClellan to testify under oath before the House Judiciary Committee. In a press release Representative Conyers said “In his book, Mr. McClellan suggests that senior White House officials may have obstructed justice and engaged in a cover-up regarding the Valerie Plame leak. This alleged activity could well extend beyond the scope of the offenses for which Scooter Libby has been convicted and deserves further attention.”

Representative Conyers further said "I find Mr. McClellan's revelations about attempts to cover-up the Valerie Plame leak extremely troubling. Particularly disturbing is McClellan's assertion that he was specifically directed by Andy Card to 'vouch' for Scooter Libby after the investigation had begun, which, if true, could amount to obstruction of justice beyond that for which Mr. Libby has already been convicted.”

McClellan may have made a mistake in trying to front run the Bush Administration’s final days with a tell all book criticizing the administrations management of the news.

The letter inviting McClellan to testify on June 20^th 2008 is usually a precursor to a subpoena if the “invitee” fails to agree to appear and testify.

After refusing to appear voluntarily, Karl Rove has been subpoenaed to testify before the House Judiciary Committee regarding the politicization of the Department Of Justice and the prosecution of former Alabama Governor Don Siegelman . Previously it was noted in an Article entitled “WILL MUKASEY APPOINT A SPECIAL PROSECUTOR OR IS HE ANOTHER GONZALES?” posted Tuesday, April 01, 2008 as follows;

"Siegelman after serving nine months in Federal Prison has been released on bond by the 11th Circuit Court of Appeals pending resolution of his appeal. This conviction and others is under investigation by the House Judiciary Committee for the practice of targeting Democrats by the Bush Justice Department. Jill Simpson a Republican attorney who had worked for Mr. Siegelman’s opponent in the 2002 election, which Siegelman lost by 2300 votes, has given a sworn affidavit stating that an associate of Karl Rove had assured her that Mr. Rove and two U.S. Attorney were “going to take care of Mr. Siegelman.” Forty four states attorneys general signed a petition urging the Judiciary Committee to investigate the prosecution, conviction and detention of Mr. Siegelman in that there were allegations of jury tampering and other irregularities connected with his trial and conviction.”

Rove has been subpoenaed to testify before the Committee on July 10, 2008. Rove who is a private citizen is represented by Robert Luskin Esq. of Patton Boggs LLP. Previously Harriet Miers, the former Presidential Counselor and Fred Fielding Bush’s Chief of Staff were subpoenaed and failed to appear on a similar issue. The Attorney General refused to enforce the subpoenas by a criminal contempt action and the matter is now the subject of a civil contempt suit filed in Federal District Court. They are being defended by the Justice Department under the theories of Executive Privilege and Separation Of Powers . Rove through his attorney has claimed the same protections.

I t now remains to be seen if Rove will appear or like Miers and Fielding, not appear at all, not even to refuse to answer question on the basis of privilege.

Executive Privilege is an unlikely defense. No allegation was made in correspondence between the Committee and Mr. Luskin that Mr. Rove’s testimony was related to advice given the President and therefore it is doubtful the privilege would apply. The Separation Of Powers defense is weak and not well taken.

Also even in instances where Executive Privilege might apply there is a balancing test weighing the need for privilege over the need for the information to formulate necessary legislation.

These defenses, in the immortal words of John Nance Garner, (are) "not worth a warm bucket of piss."

However, Mukasey and the members of the Federalist Society on the bench will protect him. If not then Bush will pardon him.

Mr. Rove could finally face justice for his actions if Obama is elected President and a new Attorney General is appointed. However as said Bush will pardon him before leaves the White House.

Labels: Karl Rove