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	<title>Comments on: The High Road? There&#8217;s A High Road?</title>
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		<title>By: Mark</title>
		<link>http://informedspeculation.com/2007/03/06/the-high-road-theres-a-high-road/comment-page-1/#comment-254544</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Wed, 07 Mar 2007 15:13:33 +0000</pubDate>
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		<description>Very charitable, indeed...</description>
		<content:encoded><![CDATA[<p>Very charitable, indeed&#8230;</p>
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		<title>By: peter</title>
		<link>http://informedspeculation.com/2007/03/06/the-high-road-theres-a-high-road/comment-page-1/#comment-254529</link>
		<dc:creator>peter</dc:creator>
		<pubDate>Wed, 07 Mar 2007 15:00:37 +0000</pubDate>
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		<description>Well, I&#039;ll be charitable and use Micheal Moore as the analogy instead of Drudge.</description>
		<content:encoded><![CDATA[<p>Well, I&#8217;ll be charitable and use Micheal Moore as the analogy instead of Drudge.</p>
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		<title>By: Mark</title>
		<link>http://informedspeculation.com/2007/03/06/the-high-road-theres-a-high-road/comment-page-1/#comment-254526</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Wed, 07 Mar 2007 14:59:12 +0000</pubDate>
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		<description>Well, I&#039;m no Drudge fan, but I think gossip in the Drudge Report is pretty damn accurate - he broke the Lewinsky story, after all...</description>
		<content:encoded><![CDATA[<p>Well, I&#8217;m no Drudge fan, but I think gossip in the Drudge Report is pretty damn accurate &#8211; he broke the Lewinsky story, after all&#8230;</p>
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		<title>By: peter</title>
		<link>http://informedspeculation.com/2007/03/06/the-high-road-theres-a-high-road/comment-page-1/#comment-254517</link>
		<dc:creator>peter</dc:creator>
		<pubDate>Wed, 07 Mar 2007 14:49:45 +0000</pubDate>
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		<description>When you make an informed judgment about anything, you look at the evidence and guage its reliability.  If you were to have a Reliability-O-Meter, with gossip in the Drudge Report at one end, probably the other end of the scale would be testimony under oath.

We can only infer what went on in the White House, but in my view there is more than sufficient evidence introduced in the trial with a high probability of accuracy to make an informed judgment.</description>
		<content:encoded><![CDATA[<p>When you make an informed judgment about anything, you look at the evidence and guage its reliability.  If you were to have a Reliability-O-Meter, with gossip in the Drudge Report at one end, probably the other end of the scale would be testimony under oath.</p>
<p>We can only infer what went on in the White House, but in my view there is more than sufficient evidence introduced in the trial with a high probability of accuracy to make an informed judgment.</p>
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		<title>By: Mark</title>
		<link>http://informedspeculation.com/2007/03/06/the-high-road-theres-a-high-road/comment-page-1/#comment-254487</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Wed, 07 Mar 2007 14:22:46 +0000</pubDate>
		<guid isPermaLink="false">http://decision08.net/2007/03/06/the-high-road-theres-a-high-road/#comment-254487</guid>
		<description>Peter, you keep going back to this notion that evidence presented at a trial is proof - of course, it is no such thing.  Trials are adversarial processes, and that&#039;s why we have juries - and judges to direct them as to what specific points they are charged with making a finding on...</description>
		<content:encoded><![CDATA[<p>Peter, you keep going back to this notion that evidence presented at a trial is proof &#8211; of course, it is no such thing.  Trials are adversarial processes, and that&#8217;s why we have juries &#8211; and judges to direct them as to what specific points they are charged with making a finding on&#8230;</p>
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		<title>By: peter</title>
		<link>http://informedspeculation.com/2007/03/06/the-high-road-theres-a-high-road/comment-page-1/#comment-254481</link>
		<dc:creator>peter</dc:creator>
		<pubDate>Wed, 07 Mar 2007 14:12:57 +0000</pubDate>
		<guid isPermaLink="false">http://decision08.net/2007/03/06/the-high-road-theres-a-high-road/#comment-254481</guid>
		<description>I don&#039;t claim that Berger is irrelevant here:  only that there is a wide gap between one misdemeanor and four felony convictions.  

However, the distinction between Berger and Libby is that Berger apparently was acting alone, and his actions hence do not reflect on others.  Libby was acting as part of a team, under the (at best) tacit or (at worst) explicit direction of the Vice President.  An analogy would be the distinction between Watergate (which involved many) and William Jefferson (which involved only him).

I also dispute the suggestion that Plame&#039;s exposure was &quot;a crime that was determined not to have been committed.&quot;  First, no such determination was made (nor was a determination made the other way:  it wasn&#039;t the crime being charged.  My guess is that Fitzgerald chose not to bring the charge because it would allow the defense to subpoena classified documents in the discovery process, which the government was unlikely to provide.  This would jeopardize the likelihood of conviction on an exposure charge and introduce a lot of extraneous legal issues about government secrecy which would delay the trial and obscure from the other charges.  Why press a charge which may be derailed and which will cause a huge distraction from the four slam dunk charges you already have?)

Secondly, there is no correlation between declining to bring charges on exposing an agent and the statement that it &quot;says nothing about President Bush, Dick Cheney, Alberto Gonzales, et al.&quot;  It is true that the verdict itself is not a reflection on the others.  However, as noted above, the evidence and sworn testimony which emerged in the trial says a great deal.</description>
		<content:encoded><![CDATA[<p>I don&#8217;t claim that Berger is irrelevant here:  only that there is a wide gap between one misdemeanor and four felony convictions.  </p>
<p>However, the distinction between Berger and Libby is that Berger apparently was acting alone, and his actions hence do not reflect on others.  Libby was acting as part of a team, under the (at best) tacit or (at worst) explicit direction of the Vice President.  An analogy would be the distinction between Watergate (which involved many) and William Jefferson (which involved only him).</p>
<p>I also dispute the suggestion that Plame&#8217;s exposure was &#8220;a crime that was determined not to have been committed.&#8221;  First, no such determination was made (nor was a determination made the other way:  it wasn&#8217;t the crime being charged.  My guess is that Fitzgerald chose not to bring the charge because it would allow the defense to subpoena classified documents in the discovery process, which the government was unlikely to provide.  This would jeopardize the likelihood of conviction on an exposure charge and introduce a lot of extraneous legal issues about government secrecy which would delay the trial and obscure from the other charges.  Why press a charge which may be derailed and which will cause a huge distraction from the four slam dunk charges you already have?)</p>
<p>Secondly, there is no correlation between declining to bring charges on exposing an agent and the statement that it &#8220;says nothing about President Bush, Dick Cheney, Alberto Gonzales, et al.&#8221;  It is true that the verdict itself is not a reflection on the others.  However, as noted above, the evidence and sworn testimony which emerged in the trial says a great deal.</p>
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		<title>By: too many steves</title>
		<link>http://informedspeculation.com/2007/03/06/the-high-road-theres-a-high-road/comment-page-1/#comment-254388</link>
		<dc:creator>too many steves</dc:creator>
		<pubDate>Wed, 07 Mar 2007 11:41:38 +0000</pubDate>
		<guid isPermaLink="false">http://decision08.net/2007/03/06/the-high-road-theres-a-high-road/#comment-254388</guid>
		<description>Ok, post 19: you make my (earlier) point, if Sandy Berger is not germane to this chat because he was (only) convicted of a misdemeanor, then neither is commenting on what this conviction says about the White House/Administration, which is to say: nothing.

Like Martha Stewart, Scooter Libby was convicted of lying and obstructing justice in the investigation of a crime that was determined not to have been committed.  That says nothing about President Bush, Dick Cheney, Alberto Gonzales, et al.

I am, though, heartened to see how many on the Left are placing the right level of importance on the significance of the charge of lying to a grand jury.</description>
		<content:encoded><![CDATA[<p>Ok, post 19: you make my (earlier) point, if Sandy Berger is not germane to this chat because he was (only) convicted of a misdemeanor, then neither is commenting on what this conviction says about the White House/Administration, which is to say: nothing.</p>
<p>Like Martha Stewart, Scooter Libby was convicted of lying and obstructing justice in the investigation of a crime that was determined not to have been committed.  That says nothing about President Bush, Dick Cheney, Alberto Gonzales, et al.</p>
<p>I am, though, heartened to see how many on the Left are placing the right level of importance on the significance of the charge of lying to a grand jury.</p>
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		<title>By: Joust The Facts</title>
		<link>http://informedspeculation.com/2007/03/06/the-high-road-theres-a-high-road/comment-page-1/#comment-254122</link>
		<dc:creator>Joust The Facts</dc:creator>
		<pubDate>Wed, 07 Mar 2007 00:59:35 +0000</pubDate>
		<guid isPermaLink="false">http://decision08.net/2007/03/06/the-high-road-theres-a-high-road/#comment-254122</guid>
		<description>&lt;strong&gt;The Scooter Libby Top Six&lt;/strong&gt;

Here, without further ado, are the top five things VP Cheney&#039;s former right hand man, Scooter Libby, was not convicted of: Lying about Iraq and it&#039;s WMD, specifically, the desire to buy uranium from Niger. (It was, in fact, Joe</description>
		<content:encoded><![CDATA[<p><strong>The Scooter Libby Top Six</strong></p>
<p>Here, without further ado, are the top five things VP Cheney&#8217;s former right hand man, Scooter Libby, was not convicted of: Lying about Iraq and it&#8217;s WMD, specifically, the desire to buy uranium from Niger. (It was, in fact, Joe</p>
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		<title>By: peter</title>
		<link>http://informedspeculation.com/2007/03/06/the-high-road-theres-a-high-road/comment-page-1/#comment-254042</link>
		<dc:creator>peter</dc:creator>
		<pubDate>Tue, 06 Mar 2007 22:40:35 +0000</pubDate>
		<guid isPermaLink="false">http://decision08.net/2007/03/06/the-high-road-theres-a-high-road/#comment-254042</guid>
		<description>Post 16:  Sandy Berger was convicted of a misdemeanor, not four felonies.  Jack Murtha was never charged with anything or indicted.  William Jefferson (the guy with cold cash) was roundly criticized and House Democrats voted 99-58 to strip him of his committee seat.

Post 18:  thanks!</description>
		<content:encoded><![CDATA[<p>Post 16:  Sandy Berger was convicted of a misdemeanor, not four felonies.  Jack Murtha was never charged with anything or indicted.  William Jefferson (the guy with cold cash) was roundly criticized and House Democrats voted 99-58 to strip him of his committee seat.</p>
<p>Post 18:  thanks!</p>
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		<title>By: Mark</title>
		<link>http://informedspeculation.com/2007/03/06/the-high-road-theres-a-high-road/comment-page-1/#comment-254037</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Tue, 06 Mar 2007 22:29:49 +0000</pubDate>
		<guid isPermaLink="false">http://decision08.net/2007/03/06/the-high-road-theres-a-high-road/#comment-254037</guid>
		<description>The reason the jury had eleven instead of twelve is the judge elected not to use an alternate because he didn&#039;t want to lose the several days of deliberation that had already taken place.  It won&#039;t be grounds for appeal because both sides agreed with the judge&#039;s request...</description>
		<content:encoded><![CDATA[<p>The reason the jury had eleven instead of twelve is the judge elected not to use an alternate because he didn&#8217;t want to lose the several days of deliberation that had already taken place.  It won&#8217;t be grounds for appeal because both sides agreed with the judge&#8217;s request&#8230;</p>
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