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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review Nov. 1, 2005 / 29 Tishrei, 5766

Libby indictment a political dud

By David Limbaugh


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http://www.JewishWorldReview.com | The grand jury indictment against Scooter Libby puts Mr. Libby in serious legal jeopardy, but does little to put the Bush administration or the GOP in political jeopardy. I've read the indictment, the relevant federal statutes and certain cases construing various elements of those statutes. Here's my nutshell report.

The indictment alleges that Valerie Plame was a CIA agent whose very affiliation with the CIA was classified information. Mr. Libby, as an aide to Vice President Dick Cheney, has clearance for classified information.

In such capacity, Libby allegedly learned of Plame's affiliation with the CIA and passed that information on to reporters who have no security clearance and thus are not entitled to receive it.

Libby allegedly lied to FBI investigators and the grand jury about the unauthorized disclosure, saying he'd first learned of the information from the reporters, instead of the other way around.

Based on these allegations, the grand jury indicted Libby for obstructing justice, perjury and false statements. It did not indict him for the "underlying crime" of leaking the classified information, under either the Identities Protection Act of 1982 or the Espionage Act of 1917.

Throughout, almost all legal commentators have agreed that the Identities Protection Act would be very difficult to prove. But they would have been more accurate had they said, "It is very difficult to violate."

To have violated that law, Libby must have known that Plame was a covert agent and intentionally disclosed that information and , Plame must have served abroad within five years of the disclosure. Whether or not Plame was actually covert, which is very doubtful, it's highly unlikely that Libby knew she was. Even if Mr. Fitzgerald could have overcome that enormous hurdle, it's inconceivable that he could have demonstrated she served abroad within five years, since she has reportedly been stateside since 1997.

But what about the 1917 Espionage Act? The statute would require Fitzgerald to prove that Libby 1) acquired classified information in his official capacity, 2) willfully communicated that information to a person not entitled to receive it and 3) had reason to believe it could be used to the injury of the United States or the advantage of any foreign nation.

Based on his press conference, Fitzgerald seems convinced that Libby willfully leaked "classified" information (Plame's affiliation with the CIA) to reporters not entitled to receive it. But he couldn't be sure whether Libby had the criminal intent the statute requires.

Notice Fitzgerald didn't say he would have difficulty proving Libby's criminal intent but that he didn't know what Libby's intent was. That's a significant distinction because it's the difference between Libby having committed a crime that is difficult to prove, and not having committed it at all.

Also note that the United States Supreme Court held that in order to be guilty of violating the Espionage Act, the accused must not only have intent or reason to believe the leaked information could be used to injure the United States or benefit a foreign country. He must also have acted in "bad faith."

So, popular legal opinion aside, it seems it would have been quite difficult for Fitzgerald to make a case against Libby under the Espionage Act as well. And this is where the legal becomes relevant to the political.

Democrats have been saying from the outset that Bush evildoers conspired to disclose Plame's "covert" identity to exact revenge on her husband Joe Wilson for undermining their claim that Saddam Hussein had tried to acquire uranium "yellowcake" from Niger.

But no amount of posturing and yelling will make true their false charge that the Bush administration "outed" Valerie Plame to hurt its political enemies, to the detriment of national security. It's not just unprovable; it's false. Democrats are going to have come to come up with a better plan to criminalize the war.

Nevertheless, under no circumstances will I minimize the alleged crimes of obstruction of justice, perjury and false statements, even if the "underlying crimes" were not committed. But I have difficulty understanding what motive Mr. Libby, reputed to be of stellar character, would have had to commit those crimes.

At the end of the day, Democrats are left with the Pyrrhic victory of a Libby indictment on the legal front, but absolutely nothing on the political front. Just a short week ago, they thought they had stumbled into a twofold political bonanza with the Miers withdrawal and the Plame indictment about to drop.

But the indictment — politically speaking — has fizzled, and President Bush has just belted a grand slam with his nomination of Judge Samuel Alito. Things are looking up again.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

David Limbaugh, a columnist and attorney practicing in Cape Girardeau, Mo., is the author of, most recently, "Persecution: How Liberals Are Waging War Against Christianity". (Click HERE to purchase. Sales help fund JWR.) Comment by clicking here.

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