Bush's control of the unitary executive function gives him absolute control over what is classified and what is not. He can classify and declassify on a whim, authorize anyone he wishes to exercise that power and never tell YOU a damn thing about it. And Dick Cheney, when acting as Vice President, has the same power.
By this, it is within either executive's authorized power to declassify Valarie Plame's identity, and never tell even the CIA. So if either man instructed Libby to leak classified information it is, ipso facto, not classified information and hence not a crime to leak.
Libby will walk, regardless of the fact that he's charged with perjury, not leaking classified information.
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"By this, it is within
"By this, it is within either executive's authorized power to declassify Valarie Plame's identity, and never tell even the CIA."
There's a difference between declassifying information and simply authorizing the information to be leaked. We currently lack the information to know whether Bush followed the legal procedure required to declassify documents. In fact, we don't know for certain if he even "authorized" the leak. All we know is that Libby said that Cheney said that Bush said it was okay.
As for Libby walking... It doesn't matter what the prosecution does, Bush can pardon him anytime.
There's a difference between
Not if the unitary interpretation of Presidential authority holds. Seriously. Libby says he asked the White House council about it and was told the president's decision in essence declassified the NIE.
There is no procedure outside his decision. Seriously.
"Seriously. Libby says he
"Seriously. Libby says he asked the White House council about it and was told the president's decision in essence declassified the NIE."
Libby asking David Addington (WH counsel) if it was okay to leak is like asking Colonel Sanders if it's okay to eat chicken wings. Again, all we know at this point is what Libby said he was told. None of this has been confirmed or denied, yet
"There is no procedure outside his decision. Seriously."
Seriously, there is a procedure and process for every Presidential action. Bush cannot simply speak and make it so, like the commander of the Starship Enterprise. And that "Unitary Executive" bullshit is wishful thinking on the part of Bush supporters, most of whom are hoping it holds up when it's "pardon" time.
Seriously, there is a
That should be the case, and always has been in the past. Bush's claim to unitary executive branch power, if it is held to be convincing, will change all that. The procedure will literally be reduced to his issuing an order.
Same as it ever was....,
Same as it ever was....,