Posted by Jon Ponder
Reporting from inside the courtroom in the CIA leak-related trial of Scooter Libby this week revealed that former White House spokesman Ari Fleisher sought immunity from prosecution because he was worried he might have committed treason — and even fearred he was in jeopardy of receiving the death penalty:
It turns out Ari Fleischer will be the next witness, once court resumes Monday [Jan. 29, 2007]. The defense team wants to note — for the jury’s benefit — that Fleischer demanded immunity before he would agree to testify, because this might cast Fleischer’s testimony in a different light.
And here Fitzgerald makes a nice little chess move: Fine, he says, we can acknowledge that Fleischer sought immunity. As long as we explain why. Turns out Fleischer saw a story in the Washington Post suggesting that anyone who revealed Valerie Plame’s identity might be subject to the death penalty. And he freaked. Of course, if Fleischer was this worked up about it during the time period in question, that suggests Libby would have been, too. (Which again undermines the notion that Libby had much bigger fish to fry.)
Can’t we extrapolate from this that the normally uber-unctious Fleischer was feeling wee bit — what’s the word? — guilty? The law that makes revealing the name of a secret agent a treasonous offense was written very specifically, so it’s clear (for now anyway) that no one in this case will be tried for treason. Still, Fleischer can’t be happy that Libby’s defense is questioning the conditions of his immunity deal:
Special Prosecutor Patrick Fitzgerald says that in early 2004, as his investigation was heating up into who revealed CIA operative Valerie Plame’s name to reporters, Fleischer stepped forward with an offer to prosecutors: Promise no prosecution and he would help their case.
Fleischer acknowledged being one of the leakers, but he wouldn’t say a word without a promise of immunity.
Prosecutors normally insist on an informal account of what a witness will say before agreeing to such a deal. It’s known in legal circles as a proffer, and Fitzgerald said Thursday that he never got one from Fleischer, who was chief White House spokesman for the first 2 1/2 years of President Bush’s first term.
“I didn’t want to give him immunity. I did so reluctantly,” Fitzgerald said in court Thursday. “I was buying a pig in a poke.”
What is not surprising is that Ari Fleischer was among the first people associated with the Bush administration to step up and start ratting out his fellows. (He should buy a polonium detector.)
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