Libby: Fall of a Vulcan

Libby's lawyers said last week that they were "surprised" and "distressed" by the charges and noted that "a person's recollection and memory of events will not always match those of other people, particularly when they are asked to testify months after the events occurred." They have vowed to mount a "vigorous" defense, and one even told a colleague the case is winnable. But a number of veteran criminal-defense attorneys believe a trial will be avoided for one reason: Libby's lawyers face the prospect of calling veteran journalists' credibility into question and permitting the prosecutors to call some of the most senior officials in the government, like the Vice President, to the stand. In an environment in which little to nothing has gone right for the White House, politics alone could compel a Vulcan like Libby to take one for the team.

Of course, any plea bargain also has the potential to endanger higher-level officials like Cheney, who is mentioned more than once in the indictment. Fitzgerald's document notes, for example, that Libby flew with Cheney on July 12 to Norfolk, Va., and discussed with some officials on the return trip how to handle the Cooper inquiry--an indication that Fitzgerald has reason to at least investigate a conspiracy that might involve the Vice President. Rove too could be ensnared if Libby cuts a deal. So far, Fitzgerald has declined to detail in his indictment the conversation Libby and Rove had about the Novak story before it broke--and whether they discussed the legality of leaking Plame's identity. A trial might provoke a deeper autopsy into how that may have worked--something the White House is surely not keen on.

Some observers wondered last week why a bright lawyer like Libby bothered with a cover story at all. The indictment offers scant evidence that Libby knew Plame was a covert officer, a key test in the 1982 law barring such disclosures. By that logic, Libby could have told the truth about everything he did and still avoided criminal exposure. But other lawyers pointed out that it's easy to forget that Fitzgerald hasn't made public everything he knows. The two senior officials who discussed Plame's employment with Libby may have testified that they warned Libby about the secret nature of her work. "Some things," said a lawyer for one witness, "come out only at trial."

* The group gave itself the nickname the Vulcans, for the Roman god of fire. For more details, see Rise of the Vulcans, by James Mann.