reality-based educator

Sounds like Lewis "Scooter" libby is a bit uneasy about the Bushies hanging Plamegate on him and we're getting some pushback from his side today in the NY Times:

WASHINGTON, Oct. 24 - I. Lewis Libby Jr., Vice President Dick Cheney's chief of staff, first learned about the C.I.A. officer at the heart of the leak investigation in a conversation with Mr. Cheney weeks before her identity became public in 2003, lawyers involved in the case said Monday.

Notes of the previously undisclosed conversation between Mr. Libby and Mr. Cheney on June 12, 2003, appear to differ from Mr. Libby's testimony to a federal grand jury that he initially learned about the C.I.A. officer, Valerie Wilson, from journalists, the lawyers said.

The notes, taken by Mr. Libby during the conversation, for the first time place Mr. Cheney in the middle of an effort by the White House to learn about Ms. Wilson's husband, Joseph C. Wilson IV, who was questioning the administration's handling of intelligence about Iraq's nuclear program to justify the war.

Lawyers involved in the case, who described the notes to The New York Times, said they showed that Mr. Cheney knew that Ms. Wilson worked at the C.I.A. more than a month before her identity was made public and her undercover status was disclosed in a syndicated column by Robert D. Novak on July 14, 2003.

Mr. Libby's notes indicate that Mr. Cheney had gotten his information about Ms. Wilson from George J. Tenet, the director of central intelligence, in response to questions from the vice president about Mr. Wilson. But they contain no suggestion that either Mr. Cheney or Mr. Libby knew at the time of Ms. Wilson's undercover status or that her identity was classified. Disclosing a covert agent's identity can be a crime, but only if the person who discloses it knows the agent's undercover status.

It would not be illegal for either Mr. Cheney or Mr. Libby, both of whom are presumably cleared to know the government's deepest secrets, to discuss a C.I.A. officer or her link to a critic of the administration. But any effort by Mr. Libby to steer investigators away from his conversation with Mr. Cheney could be considered by Patrick J. Fitzgerald, the special counsel in the case, to be an illegal effort to impede the inquiry.

White House officials did not respond to requests for comment, and Mr. Libby's lawyer, Joseph Tate, would not comment on Mr. Libby's legal status. Randall Samborn, a spokesman for Mr. Fitzgerald, declined to comment on the case.

Mr. Fitzgerald is expected to decide whether to bring charges in the case by Friday, when the term of the grand jury expires. Mr. Libby and Karl Rove, President Bush's senior adviser, both face the possibility of indictment, lawyers involved in the case have said. It is not publicly known whether other officials also face indictment.

The notes help explain the legal difficulties facing Mr. Libby. Lawyers in the case said Mr. Libby testified to the grand jury that he had first heard from journalists that Ms. Wilson may have had a role in dispatching her husband on a C.I.A.-sponsored mission to Africa in 2002 in search of evidence that Iraq had acquired nuclear material there for its weapons program.

But the notes, now in Mr. Fitzgerald's possession, also indicate that Mr. Libby first heard about Ms. Wilson - who is also known by her maiden name, Valerie Plame - from Mr. Cheney. That apparent discrepancy in his testimony suggests why prosecutors are weighing false statement charges against him in what they interpret as an effort by Mr. Libby to protect Mr. Cheney from scrutiny, the lawyers said.

It is not clear why Mr. Libby would have suggested to the grand jury that he might have learned about Ms. Wilson from journalists if he was aware that Mr. Fitzgerald had obtained the notes of the conversation with Mr. Cheney or might do so. At the beginning of the investigation, Mr. Bush pledged the White House's full cooperation and instructed aides to provide Mr. Fitzgerald with any information he sought.

The notes do not show that Mr. Cheney knew the name of Mr. Wilson's wife. But they do show that Mr. Cheney did know and told Mr. Libby that Ms. Wilson was employed by the Central Intelligence Agency and that she may have helped arrange her husband's trip.

Some lawyers in the case have said Mr. Fitzgerald may face obstacles in bringing a false-statement charge against Mr. Libby. They said it could be difficult to prove that he intentionally sought to mislead the grand jury.

Lawyers involved in the case said they had no indication that Mr. Fitzgerald was considering charging Mr. Cheney with wrongdoing. Mr. Cheney was interviewed under oath by Mr. Fitzgerald last year. It is not known what the vice president told Mr. Fitzgerald about the conversation with Mr. Libby or when Mr. Fitzgerald first learned of it.

But the evidence of Mr. Cheney's direct involvement in the effort to learn more about Mr. Wilson is sure to intensify the political pressure on the White House in a week of high anxiety among Republicans about the potential for the case to deal a sharp blow to Mr. Bush's presidency.

Couple of things here:

1. Libby is done for unless he turns evidence and drops a dime on Cheney. No matter what Libby's lawyers whispers off the record about Fitzgerald having a hard time proving false statement charges against Libby, it is increasingly clear that the special prosecutor does have the goods on Libby.

2. Cheney may not have committed a crime by handing the information about Joe Wilson's wife to Scooter Libby and asking him to run with it, but it sure does take away his plausible deniability defense that he knew nothing about the leak.

3. If Bush was unaware that Cheney was ordering the political payback against the Wilsons, he looks incompetent and inconsequential. If he was aware of the smear campaign, he lied when he told the American people in September 2003 that he didn't know if anyone in his administration had been involved in the leak but that he had ordered everyone to cooperate.

We'll know soon enough. It sounds like Thursday or Friday is Fitzmas.