Scooter Libby by the Numbers
You try to think of the right adjective—Kafkaesque, Orwellian, surreal?—to describe the Libby fiasco. I don’t know Mr. Libby, but met him on two occasions at dinners in Washington DC.
Both times he seemed to me the most widely read and affable in the room; he was also polite and well spoken, which is rare among the powerful in Washington. Despite all the mess, this much is clear.
1. During the lead-up to the war, one Joe Wilson, a sort of DC gadfly and has-been blowhard, was nominated to go to Niger by some in the CIA, most probably on the prompt of his own wife, to investigate reports of sales of yellowcake to Saddam Hussein. His selection is inexplicable, because the very idea of a Joe Wilson, on a government-sanctioned trip, to inquire, in discreet fashion, about sensitive transactions, is itself Orwellian.
2. He comes back, announces loudly and erroneously that he was on a mission chartered under the auspices of the VP—and that there is no evidence that there was any Iraqi interest in raw nuclear materials. This assertion, as Christopher Hitchens and others have written, was probably false.
3. The VP’s office and others are furious that this buffoon is lying about the circumstances of his trip, so they begin doing background on him, and discover the spousal connection and perhaps suspicions that he is staking out a partisan career. Almost immediately all sorts of reporters and government officials gossip about Valerie Plame’s CIA affiliation to explain his inexplicable selection. Her position, it turns out, is not covert—a fact that may or may not have been known at the time.
4. Apparently Richard Armitage is the first to disclose to a reporter the process how Wilson was chosen, in an interview with Robert Novak. No doubt he wanted to illustrate the conflict of interest involved in the Wilson selection, inter alia, to paint Wilson as either a showman or a partisan or both. As the national mood changes, given the absence of WMD caches in Iraq and the growing insurgency, Wilson sees an opening and suddenly becomes a cry-in-the-wilderness hero to the anti-war Left. I met him in this period in the Fox DC greenroom once, and heard him speak later at UC Berkeley at a journalism conference. Both times I came away thinking with friends like these, the Left didn’t need any more enemies. No wonder that Wilson was quickly let go from the Kerry’s 2004 campaign as a “consultant.”
5. A general allegation is made that government officials violated the law for partisan advantage by disclosing the identity of a covert CIA operative. The Left sees traction here in the storyline that the pro-war Republicans are shorting their own beloved CIA, irony given that past CIA whistleblowers who disclosed top-secret information were lionized for it by liberals.
A special prosecutor is appointed. Fitzgerald immediately discovers that (A) Richard Armitage first disclosed Ms. Plame’s identity to Mr. Novak, and (B) there was apparently no crime in doing so. But he continues to ask questions from various reporters and officials about the nature of this feeding-frenzy, much of it caused by Mr. Wilson himself who seized the moment, as they say, by publicizing his own wife’s status, glamour, and anger, doing a book deal, magazine spread, and joining the Kerry campaign.
6. Fitzgerald apparently concludes that he has no proof of wrongdoing concerning the original charter of his special prosecutorship, given that Ms. Plame’s status was not covert. He also feels no need to or cannot prosecute Mr. Armitage or others either for violating federal statutes about CIA confidentiality or lying. His highest-ranking target, Mr. Libby, apparently alone will justify his original mandate, albeit on different charges of perjury and obstruction of justice. After hours of testimony from Mr. Libby, contradictions between his recollections and those of others are established, although it seems there is no common truth. Nearly all those interrogated at some point contradicted someone else.
7. Libby alone is charged. If his defense tactics were culpable, it was largely in the initial suggestion that Libby was a fall-guy. That suggested some sort of conspiracy where there was none. The defense had a right to be angry at Armitage, Ari Fleischer, and others who had talked to reporters about Plame, but none had done so in a conspiratorial fashion, and had simply cut their own deals without orchestration. Libby was culled out because he was the highest-ranking target that might justify the prosecutor’s time and expense, and because he either would not or could not strike some deal in the fashion that others had, formally or informally.
Lessons?
1. We now have a new branch of government—a symbiosis between a special prosecutor and the Washington DC judiciary. Given the available jury pool and justices in DC, together with the high-stakes, high-publicity of a special prosecutorship, any prominent conservative is fair game. An innocent or hung verdict spells financial ruin, a guilty one the destruction of a career.
All this is much like the ancient Athenian notion of ostracism, in which the prominent could be exiled and ruined simply by a populist vote on their high-profile stature that was felt to be a danger to an egalitarian Athenian ethos.
2. The Washington DC press corps and high-ranking officials talk, spin, and network 24/7. Trying to sort out anything among any of them is impossible. These are the grunt soldiers with no rules of engagement in a vast ideological battle between the mainststeam media and conservative administrations.
3. There is no sense of proportion or morality involved. One example: Richard Armitage comes off quite negatively. He knew he was the most culpable given the initial directive of the Special Prosecutor, and yet stayed quiet while the searchlight went on to others. This was especially reprehensible given his prior carefully crafted voice of conscious as a luke-warm supporter of the war.
4. We will never know all the power-plays, ego-trips, and vested reputations in all this. But apparently Fitzgerald had a lot on the line by going after Libby, and was willing to apply to him a standard not applied to others in or out of government. This does not mean necessarily that Libby’s testimony was not inconsistent, only that a degree of scrutiny was applied to it in a manner not done elsewhere.
5. All this reminds me again of wisdom from my late mother, a California superior and appellate court justice. She used to remind me that the most powerful people in government are not judges, not juries, not even legislators or executives—but state and federal attorneys, who act as judge and jury of sorts in selecting whom to prosecute. I say that because in the modern age, an indictment ipso facto can spell financial ruin and irrevocable loss of reputation. Our prosecutors must be above any hint of partisanship or grudge-holding, and must not see their offices as platforms for wide-ranging, Les Miserables obsessions.
Sadly, in this case, Mr. Fitzgerald got his one conviction, but in the process lost his own reputation as well.
The “300″
I haven’t written a formal review of the “300″, since I was asked to write an introduction to the book accompanying the movie, and wouldn’t be a disinterested critic. Below are the reactions I had after seeing the premier Monday night in Hollywood, posted in NRO’s corner.
I took my son and daughter to the showing. They had a great time, especially talking to Frank Miller. I also wrote something about it for the City Journal blog http://www.city-journal.org/html/rev2007-03-07vdh.html
From NRO: Last Night at the 300
I went to the Hollywood Premier of the “300″ last night, and talked a bit with Director Zack Snyder, screenwriter Kurt Johnstad, and graphic novelist Frank Miller. There will be lots of controversy about this film-well aside from erroneous allegations that it is pro- or anti-Bush, when the movie has nothing to do with Iraq or contemporary events, at least in the direct sense. (Miller’s graphic novel was written well before the “war against terror” commenced under President Bush).
I wrote an introduction for the accompanying book about the film when Kurt Johnstad came down to Selma to show me a CD advanced unedited version last October, but some additional reflections follow from last night.
There are four key things to remember about the film: it is not intended to be Herodotus Book 7.209-236, but rather is an adaptation from Frank Miller’s graphic novel, which itself is an adaptation from secondary work on Thermopylai. Purists should remember that when they see elephants and a rhinoceros or scant mention of the role of those wonderful Thespians who died in greater numbers than the Spartans at Thermopylai.
Second, in an eerie way, the film captures the spirit of Greek fictive arts themselves. Snyder and Johnstad and Miller are Hellenic in this sense: red-figure vase painting especially idealized Greek hoplites through “heroic nudity”. Such iconographic stylization meant sometimes that armor was not included in order to emphasize the male physique.
So too the 300 fight in the film bare-chested. In that sense, their oversized torsos resemble not only comic heroes, but something of the way that Greeks themselves saw their own warriors in pictures. And even the loose adaptation of events reminds me of Greek tragedy, in which an Electra, Iphigeneia or Helen in the hands of a Euripides is portrayed sometimes almost surrealistically, or at least far differently from the main narrative of the Trojan War, followed by the more standard Aeschylus, Sophocles and others.
Third, Snyder, Johnstad, and Miller have created a strange convention of digital backlot and computer animation, reminiscent of the comic book mix of Sin City. That too is sort of like the conventions of Attic tragedy in which myths were presented only through elaborate protocols that came at the expense of realism (three male actors on the stage, masks, dialogue in iambs, with elaborate choral meters, violence off stage, 1000-1600 lines long, etc.).
There is irony here. Oliver Stone’s mega-production Alexander spent tens of millions in an effort to recapture the actual career of Alexander the Great, with top actors like Collin Farrel, Antony Hopkins, and Angelina Joilie. But because this was a realist endeavor, we immediately were bothered by the Transylvanian accent of Olympias, Stone’s predictable brushing aside of facts, along with the distortions, and the inordinate attention given to Alexander’s supposed proclivities. But the “300” dispenses with realism at the very beginning, and thus shoulders no such burdens. If characters sometimes sound black-and-white as cut-out superheroes, it is not because they are badly-scripted Greeks, as was true in Stone’s film, but because they reflect the parameters of the convention of graphic novels, comic books, and surrealistic cinematography. Also I liked the idea that Snyder et al. were more outsiders than Stone, and pulled something off far better with far less resources and connections. The acting proved excellent-again, ironic when the players are not marquee stars.
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Fourth, but what was not conventionalized was the martial spirit of Sparta that comes through the film. Many of the most famous lines in the film come directly either from Herodotus or Plutarch’s Moralia, and they capture well, in the historical sense, the collective Spartan martial ethic, honor, glory, and ancestor reverence (I say that as an admirer of democratic Thebes and its destruction of Sparta’s system of Messenian helotage in 369 BC).
Why-beside the blood-spattering violence and often one-dimensional characterizations-will some critics not like this, despite the above caveats?
Ultimately the film takes a moral stance, Herodotean in nature: there is a difference, an unapologetic difference between free citizens who fight for eleutheria and imperial subjects who give obeisance. We are not left with the usual postmodern quandary ‘who are the good guys’ in a battle in which the lust for violence plagues both sides. In the end, the defending Spartans are better, not perfect, just better than the invading Persians, and that proves good enough in the end. And to suggest that unambiguously these days has perhaps become a revolutionary thing in itself.
No Man A Slave—Outtake #5
Near the end of the novel. The veterans are nearing home in Boiotia, after the campaign to free the helots. They stop at the harbor of Delphi, on the Gulf of Korinth, to send away Melissos, a Macedonian hostage who has served them for a year, as a good faith pledge from his father that the peace between the north and the Boiotians would be kept. His final words, though, surprise the Boiotians who are puzzled at their former servant’s arrogance.
The four gave their ward a final goodbye. But as Melissos walked on board, Ainias called out, “Wait, Makedonian. One last request. It won’t require you to carry our shields any longer. Just tell me a final thing, northerner. What exactly did you learn from your year with our Epaminondas? So hostage boy, give me something that I can tell him on his return.”
Melissos stopped and smiled. On the final walk along the Gulf he had been going over just such questions—and how to answer them when his father King Amyntas at home pressed him for wisdom. He had learned too much in his year with these Thebans. And now he thought he was more than their match. So he turned to Ainias, no longer in the old role of hostage servant, but as a future king of a warrior tribe who was coming of age.
“I figured out many things, Tatikos. Of democracy, of course, that it is the silliest thing— a pass for the dirtiest and loudest to shout down their betters. Why the Thebans risk their lives for such a folly—and for others no less—I don’t know. But we in the north never would. And we must some day convince you of its danger—and how the best men cannot be chained by the worse. So there must have been some gold or a secret shipment of slaves in the bargain for you? I am a boy, true. But still I’m not so dense to believe you marshaled thousands for stupid ideas about freedom for the man-footed helots. Are we really to believe that Kalliphon, Lophis, Proxenos, and Chion and all the rest of your best really died for this notion—and for others no less?”
Ephoros bore this northern faker no ill will: “You are the conniving adult; we the carefree children. I can see that. Yes, Melissos, I will leave a chapter to you alone in my scrolls to follow the freedom of the Messenians and the work of Epaminondas. But I am afraid I will be writing of you when my hair is thin and white. Since you and your tribes up north overturn the work of Epaminondas—to kill, not birth democracy in Hellas.”
Melissos ignored the taunts of Ephoros, and bored on. “But I will also tell my father that we will fight deep like Thebans. We will carry spears longer even than yours. Some day we will even drop our shields. Instead we will use two hands for our heavy pikes. And then we march at an angle as you taught at Leuktra. Why do you carry such heavy armor, since you can hire all the men you need without worrying too much about how many live or die? We would spend far more of our gold on the pikes, not the worthless breastplates or shields of our soldiers. And I know too that it is not Sparta or Athens that hold you Hellenes together. No, it is the men of Boiotia such as Melon, and Pelopidas, and Epaminondas and that Sacred Band. Kill you all, and everything else falls into place.”
Then Melissos began to laugh as he put his hands on his hips in front of the crewmen as the boat left the pier. “ So should I come back, I will honor you all even as I must end you all. But I will swear a great oath that I will never touch your holy Messenians who will remain free even if all of you will not. I will give you that much for my year of servitude.”
Then as his voiced was carried off by the wind, he yelled a last time, “Oh, and you will be stung by me not as your silly slang Melissos the “honeybee,” but by my true royal name, Philippos, the lover of horses, of the Royal House of Pella, son of Amyntas and the royal Eurydice.”
With that the boy was gone, and was not seen in the south again for thirty seasons—until Hismenias, Historis and Neander and the men of Thespiai would fall before him and his own son Alexander at Chaironeia, not more than a day’s walk from where they all now stood.







I was sitting on the fence when it came to seeing the 300 but after reading your unofficial review I will go and see it.
sidenote: I love the original movie with Richard Egan as Leonidas.
What is so maddening is how bold and shameless the DC media elites have behaved. I’m thinking in particular of Chris Matthews, who continues to spin the Libby conviction as a referendum on Iraq (“Bush lied…”, etc.).
Matthews cares nothing for the fact that the Brits and others stand by their claims (cf the Butler Review which, though critical of much of the intelligence on Iraq, nevertheless confirmed that there was enough intelligence to make a “well-founded” judgment that Saddam was trying to by Nigerian uranium).
In a larger sense, I think the woeful state of our educational system is partly to blame for the media’s hegemony. Perhaps if we studied Plato’s dialogues a little more closely and carefully, we would place a higher premium on knowledge and truth, instead of common opinion.
The media’s mantra is that “perception is reality”, and this poisonous Weltanschauung threatens the fabric of our democracy.
Who will be the Socrates of our age and put to shame the media sophists like Matthews?
Thanks for letting me comment–& for your thoughtful reflections.
At some point, Victor, you will not be sympathetic to the conservative line.
At some point.
Prof:
Thank you for writing about the Scooter Libby matter. A few more items:
1. Joe Wilson, unlike all other special CIA workers, wasn’t required to sign a non-disclosure agreement before his trip to Niger. I also think the CIA did not have to approve his famous NYT op-ed. Why do think that was? A: The anti-Bush cabal in the CIA wanted to undermine the President publically through the press.
2. My criminal law professor said the same thing as your mother: the prosecution has enormous power with its ability to exercise its discretion to charge. In this particular case Fitzgerald’s gross abuse of discretion may lead to a reversal and dismissal. Why? Fitzgerald knew at the very, very beginning that it was Armitage who told Novak and there was NO crime in making the leak. In the normal world outside the Beltway, that’s the end of the investigation. It strikes me as unconstitutional to continue to investigate after the “crime” had been solved and set perjury traps against citizens after that stage. While I’m not an expert in this era, Libby has plenty of lawyers who are. I know that $3m was raised for his defense.
3. It would be a gross miscarriage of justice if Mr. Libby served one day in jail.
4. Agreed. Joe Wilson and his wife both make me want to puke. And they are living in Santa Fe, NM on government pensions. Double puke.
My neighbor Warren Buffett has said, “The difference between conviction and commitment is writing a check.”
I Googled Scooter Libby defense fund and found http://www.scooterlibby.com.
I made a donation.
Dr Hanson, I am very dismayed and slightly frightened by how Patrick Fitzgerald was able to bring a case against Scooter Libby despite all the facts you’ve laid out. Highly disconcerting. Where is the ACLU on this one??
I am also frustrated how people like Joe Wilson and (for example) Yassir Arafat get treated by the
MSM as respectable figures. Joe Wilson has been proven to be a liar and a blowhard, yet he still is treated as if he’s saved the country from a runaway executive.
Yassir Arafat was treated as a peace seeker victimized by the evil Israelis when in fact he was nothing more than a terrorist. A peaceful death was not what he deserved. Speaking of which, does anyone know what his cause of death was? To my knowledge, it has never been publicized. I find it hard to believe that it couldn’t be discovered. I’d have to guess that it was something embarrassing. I recall rumors of AIDS.
Anyway, it seems to me that if someone opposes the Bush admin or Israel, they either are given default credence by the MSM or if they are especially outrageous, then a pass.
I found Miller’s film rich with the language and iconography of ancient Greek poetry and painting. I thoroughly enjoyed the movie and had to cover my eyes only a couple of times.
First, an ad hominem attack: Why does Mr. Bill Bradley e-mail in with his pithy useless posts. I could get deeper thinking out of my daughter’s pacifier.
Re: “300″. I enjoyed it. Visually incredible. I don’t think it will be a classic though. A bit too much yelling by the Spartans which seemed a bit counter to their laconic way of speech. And it got a little wearing.
The freakish and bizzare ghouls that kept popping up on screen were incredibly distracting – and rather silly. Lord of the Rings was a fantasy book. The Battle of Thermopylae was a historical event. This movie had a little too much of a “Clash of the Titans” feel to it (hope everyone got that cheesy reference).
I know it was based on the graphic novel, but it doesn’t work on screen. Imagine a future filmaker doing something similiar with D-Day. Doesn’t work.
Worth seeing, but it could have been something that lasted beyond this year.
Let’s hope Steven Pressfield’s “Gates of Fire” gets made into a ten-part series on HBO – “Band of Brothes” treatement.
5. All this reminds me again of wisdom from my late mother, a California superior and appellate court justice. She used to remind me that the most powerful people in government are not judges, not juries, not even legislators or executives—but state and federal attorneys, who act as judge and jury of sorts in selecting whom to prosecute.
As metastasizing regulations and laws circumscribe the individual citizen ever more closely, such prosecutorial power becomes ever more arbitrary. Instead of keeping citizens secure in liberty, the “rule of law” renders them helpless against what is in effect despotic caprice. The Duke lacrosse case is another example.
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(VDH, the last sentence in your Lesson #3 about Armitage puzzles me. Is there a typo?)
Who didn’t see this coming? Iran is mad at the 300′s portrayal of Iranian culture.
http://english.people.com.cn/200703/12/eng20070312_356565.html
The movie “300″ got a very bad review–from Iran’s Ahmedinejad:
Javad Shamqadri, an art advisor to President Mahmoud Ahmadinejad, accused the new movie of being “part of a comprehensive U.S. psychological war aimed at Iranian culture”, according to a report in Xinhua People’s daily online news.
“Following the Islamic Revolution in Iran, Hollywood and cultural authorities in the U.S. initiated studies to figure out how to attack Iranian culture,” Shamqadri added “certainly, the recent movie is a product of such studies.”
http://people.monstersandcritics.com/news/article_1276346.php/Irans_Ahmadinejad_faults_300
With a review like that from a source like that, how can we not see the movie?
The depiction of the Persian leader as a spectacular queen wasn’t the movie’s best moment but it is a comic book treatment of the battle, after all.
http://www.archive.org/details/Crokinole
Accomplished fiddler and step dancer, Julie Fitzgerald, was allegedly the first family member to confirm the infamous “Eagan-Fitzgerald Cabal“, a term coined by famous crokinole player and analyst Eric Miltenburg of Toronto. In the World Crokinole Championship’s very backyard in Tavistock, in early July 2010, Fitzgerald explained in great detail to Bill Gladding of the Tavistock Gazette the importance of her family’s contribution to crokinole’s history. Fitzgerald stated that many of Thomas Eagan’s descendents still play dominant crokinole, but are now scattered across the continent, with some in the Greater Toronto Area, the Ottawa Valley, remote areas of Northern Ontario, British Columbia, and San Francisco. The family do not participate in the World Crokinole Championships, because they consider the level of competition inferior to their own and concentrate on developing their family’s skills. Fitzgerald boasted about the family’s political connections and stated they are developing crokinole software with an unnamed technology company in Sunnyvale, California. Unfortunately, the story was never published in the Tavistock Gazette. Bill Gladding and Julie Fitzgerald have since denied any conversation taking place. However, Julie’s sister Kerry and brother Tom have confirmed they were in Tavistock with Julie and that she spoke to Gladding on two separate occasions on July 2 and 3, 2010.
It’s also going mainstream! 2010 WCC champ Justin Slater, was the first to secure a major sponsor in his exclusive arrangement with O’Neill Canada. Justin is also rumoured to be “the face” of Nova Scotia crokinole manufacturer Muzzies Canada, once he attends university there in the Fall of 2010.