Instead of leading with the Iowa caucuses, Wednesday’s "The Situation Room" began its broadcast covering attorney general Michael Mukasey’s decision to open an investigation into the destruction of interrogation tapes by the CIA. Host Wolf Blitzer, during a segment with CNN senior legal analyst Jeffrey Toobin, compared this investigation to the investigation by Patrick Fitzgerald that led to the obstruction of justice conviction of Scooter Libby. "Whenever they [Bush administration officials] have to go testify, whether before a grand jury or to the FBI, and tell what they know... they fall into that dangerous area where they might not necessarily tell the whole truth, and then they could be charged with a cover-up, if you will, sort of along the lines of Scooter Libby."
Toobin agreed with Blitzer, and replied, "Well, that situation with Scooter Libby is precisely analogous," and described the circumstances of the Fitzgerald investigation. "[I]n that case, the attorney general at the time -- I believe it was John Ashcroft -- yes, it was John Ashcroft -- had to appoint an outsider. And he said Patrick Fitzgerald, you come in and investigate. Patrick Fitzgerald never found the crime he was originally looking for, which was improper disclosure of a CIA agent. He found that his own investigation was obstructed by Scooter Libby. And that's the case that he won against Scooter Libby."
The full transcript of the short segment, which came 2 minutes into the 4 pm Eastern hour of Wednesday’s "The Situation Room:"
WOLF BLITZER: Let's get some analysis from Jeff Toobin, our senior legal analyst. You're a former assistant U.S. attorney. You know something about these criminal investigations. How big of a deal is this?
JEFFREY TOOBIN, CNN SR. LEGAL ANALYST: It's a big deal, because particularly when you assign one prosecutor to investigate one case, it takes a long time. And John Durham is a very distinguished prosecutor. Janet Reno appointed him to investigate a very controversial case in Boston involving the FBI, ties to the mobs. So, I don't think anyone will question his qualifications. But the Bush administration is certainly in, for the remainder of its tenure, dealing with subpoenas, grand jury testimony about a very difficult subject.
BLITZER: And whenever they have to go testify, whether before a grand jury or to the FBI, and tell what they know, whether a CIA official or White House lawyer, or anyone else, they fall into that dangerous area where they might not necessarily tell the whole truth, and then they could be charged with a cover-up, if you will, sort of along the lines of Scooter Libby.
TOOBIN: Well, that situation with Scooter Libby is precisely analogous, because in that case, the attorney general at the time -- I believe it was John Ashcroft -- yes, it was John Ashcroft -- had to appoint an outsider. And he said Patrick Fitzgerald, you come in and investigate. Patrick Fitzgerald never found the crime he was originally looking for, which was improper disclosure of a CIA agent. He found that his own investigation was obstructed by Scooter Libby. And that's the case that he won against Scooter Libby. So, those are the kinds of things that could happen. I think the one thing they have going for them, the Bush administration has going for them, is it may take longer than 10 months to get this done, so they won't have to deal with the aftermath.
BLITZER: It's an open-ended investigation, and these investigations, as you say, take a long, long time with a lot of pitfalls out there. Jeff Toobin, thanks very much.
—Matthew Balan is a news analyst at the Media Research Center.
Editor at Large
Comments Policy
Bush's problem is he don't lie
January 3, 2008 - 16:06 ET by Lame CherryThis Toobin and Blitzer look like the kids who played clarinet and tuba in band and are still trying to hit the high note of their lives.
The problem with Bush is he doesn't lie nor do the people around him. That is why they get in these scandals. WHERE IS THE INVESTIGATION in what traitor leaked this to the New York Times????? That is illegal in dealing with national security!
If there are no tapes to be found, why didn't they just say, "There are no tapes so there are no tapes to be destroyed".
That ends it.
In watching a most horrid liberal account of Andy Jackson last night that his minstrel shows and other dumba** content that had nothing to do with Jackson, Jackson stated he had 2 regrets in leaving Washington:
1. I did not shoot Henry Clay.
2. I did not hang my vice president John C. Calhoun.
George Bush could learn a little from the regrets he creates in hanging the traitor who started this and hanging whoever at the New York Times who published this treasonous story.
These people have had 7 years and it is time they had better figure it out that liberals will try and put you in prison no matter what with lies.......so after 3 coup attempts on you W, just plead stupidity and ignorance, tell your people not to write anything down and lie and act stupid.
Oh and Jorge..........FIRE THE DIPSTICK WHO VIDEOTAPPED A TERRORIST QUESTIONING. There are things called AUDIO RECORDERS where you can hear what is said and no pictures.
Kind of fixes things don't it. Where is the COMMON SENSE!
*HIC IACET ARTORIVS REX QVONDAM REXQVE FVTVRVS
Creative history 101
January 3, 2008 - 16:07 ET by c5thenBlitzer is really a pundit and not a journalist.
Fitzgerald never found the crime he was appointed to investigate because it never happened. The original disclosure was by a Democratic State Department official to reporter Robert Novak after Plame had taken a desk job at Langly and was no longer classified as a field agent. Therefore there was no crime regardless of who "leaked" her name. Scooter Libby was tried and convicted of perjury and obstruction of justice because his memory didn't agree with Tim Russert's during the investigation.
None of that seems to matter to the left in general or Blitzer spacifically. An independant prosecutor will inevitably find somethong to preosecute, because they will feel like a failure if they don't.
If a convenience store is robbed and during the investigation, you are interviewed and say that you were there at about 8:50 and bought a coffee, and the surveillance tape shows that you were actually there at 9:10 and bought a coffee and a doughnut, should you be prosecuted for perjury and obstruction of justice? Even after it becomes clear that there was no robbery, but the clerk mis-counted the money?
The day that "politician" became a career choice is the day we started losing the Republic. Let's get it back! Alan Keyes '08.
Criminal Charges
January 3, 2008 - 16:29 ET by allanfI once asked a famous criminal defense attorney what the difference between a civil or criminal government case was. He said "reasonable doubt".
He then went on to say that the goverment can easily make criminal cases out of the most minor matters and if you stand accused in Federal Court of a violation of a criminal statute, your chances of winning were very very small.
In the CIA tape case, if an ambitious prosecutor is bent on charges, he will find a target. What a shame.
Thanks for posting the full
January 3, 2008 - 16:26 ET by JerThanks for posting the full transcript inasmuch as it contradicts the headline of your blog.
Jer
"Might not tell the whole
January 3, 2008 - 17:22 ET by Matthew Balan"Might not tell the whole truth" isn't another way of saying that they will lie?
Correct.
January 3, 2008 - 17:28 ET by JerCorrect.
Jer
Your contention is calcium
January 3, 2008 - 17:32 ET by Chris NormanYour contention is calcium depleted.
In life, yes.
January 3, 2008 - 17:33 ET by sarcasmoIn law, I'm afraid I'm with Alanf's comment above. Why else would there be a case, anyway?? One thing's for sure, none of the defendants or even the potential defendants should talk to the goverment without a good lawyer there.
And I of course maintain my initial position. This destruction of evidence -- regardless of how it sorts out in court -- has played right into the hands of the conspiracy theory folks.
JMR
Rally online with fans of Dr. Ron Paul. (All purpose anti-slander-link, sadly-needed these days...)
Just like Libby
January 3, 2008 - 16:32 ET by not_lima_H"Well, that situation with Scooter Libby is precisely analogous"
Right. No crime committed, radical speculation, one sided and opinionated press coverage. Precisely analogous.Lets hope no one has to go before a D.C. jury in this one.
"they fall into that dangerous area where they might not necessarily tell the whole truth"
Coming from Blitzer?
Forget the gorilla dust
January 3, 2008 - 16:43 ET by BruzillaForget the gorilla dust about lying, the real point of interest is that their lead story was not Iowa. Every other news cast in the country is leading with it except for CNN, so I'm guessing they too are conceding victory to Obama and all discussions of Hillary's pending and eventual defeat shall be moved to the dustbin segment of the show.
The perjury trap
January 3, 2008 - 17:19 ET by KC MulvilleWell, at least they admit that these investigations are nothing more than perjury traps. The incident is now several years old, and it's ripe for a mis-remembered statement turning into a witch hunt.
The basic problem with the CIA is that it's a bureaucracy. The people who work there are as loyal and patriotic as can be, but everything I read about them (by Plame, Richard Clarke, George Tennant, etc.) suggests they've been defeated by bureaucracy. They have group-think. They do what they've always done. They protect themselves first.
This investigation may not be a bad thing.
Wolf Should Know
January 3, 2008 - 18:22 ET by CaringwhiteguyWhen Wolf said . . . . . "they fall into that dangerous area where they might not necessarily tell the whole truth" he was probably subliminally thinking about his own network. That's been the standard operating procedure at CNN for years.
We Have a Winner
January 3, 2008 - 20:01 ET by Del DolemonteThe "Faux News" people always go silent when I mention all of the true examples of journalistic crimes committed by "THE Most Trusted Name in News", such as Peter Arnett, the CNN Baghdad Bureau, Eason Jordan, etc.
Nothing "Faux News" has done comes even close.