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Edited on Mon Apr-10-06 10:08 AM by Kagemusha
Just to make that clear...
The problem for Fitzgerald is that the fact the President is at the top of the chain here basically gives him very little wiggle room to bring his investigation to the top. Because he, by himself, can't touch the President. He can, all the same, go after Cheney all he likes, if he has the goods; Libby has prevented him from having the goods, to condemn or, if warranted, exonorate Cheney. All Bush needs to do to save Cheney is to say Bush authorized everything Cheney did. Bush's 'Senior Administration Officials' aren't doing that. But it's not like Fitz or Congress could do anything to him if he simply fessed up and took full responsibility.
Edit: I think Greg Palast made this point. The real crime here, from a public rather than personal point of view, is Bush having wasted 33 months of a prosecutor's time - remember, Fitz is a very busy man - to investigate a possible crime on the express assumption that the underlying actions, whether illegal or not, were NOT on the express authorization of the President, and were not subject to the argument that because the President did it, it is legal. (If only because of the argument that the President's propaganda actions were deemed by him to be important to national security i.e. leading the nation into a war in Iraq, which is damn sleazy, but probably not illegal unless Congress is outraged to the point of impeachment and conviction and removal from office, which is unprecedented in American history.)
So point being, if Bush really did make all this happen on his authority as President, he's been presiding over the farce of an Executive Branch employee investigating the actions of the sitting President for which, short of impeachment, he cannot be held accountable for, anyway, because what he's done was exercised in his capacity as President, regardless of the letter of the criminal statutes, because of the protection provided to him by the Constitution and the separation of powers doctrine. The only reason for this farce would then be that the President concealed his role for selfish political purposes. Again, good luck punishing him for it legally, but very sleazy considering the supposed high standards of the office of the President.
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