Bending the Third Rail
Because We Should, We Can, We Do
Wednesday, March 07, 2007
Shut Up
I thought this was interesting with regards to advice from "experts" about people in a Libby-like situation:
The WSJ quotes some lawyers who say the big lesson of the trial is that those under investigation should invoke their Fifth Amendment privilege and just shut up.
I'm not lawyer but I play one in my living room. Seems to me if you invoke the Fifth, then you're offered immunity. Once that's offered you can no longer take the fifth and refuse to testify without going to jail. So you go ahead and testify with immunity. That's great except if you're acting as a the designated "firewall" for the administration, protecting Cheney and Bush. So then you decide to lie while testifying with immunity. That would immediately terminate the immunity agreement and you're back where you started.

If that's an accurate depiction, then the Wall Street Journal experts are about as accurate and useful as their opinion writers, who had this to say:
The WSJ calls on Bush to pardon Libby right away and characterizes the conviction as "a travesty of justice."
Boy, that's going to be a tough sell giving the quality of the prosecution and the amount of Bush's political capital. But I think conservatives believe they can sell anything .... which may be so.

Face it. Once you're in front of a prosecutor, especially a Federal prosecutor like Fitzgerald, you either tell the truth or you're toast. The best advice in that situation is to lawyer-up, and do so with the best money can buy, which is just what Libby did. And I'm confident that a calculation has been made with strategy coordinated with Cheney. Libby will take the fall in exchange for a short sentence or pardon. Then when he's out, he'll be a conservative hero and likely get a well-paying gig somewhere of his choosing.