So, remember a while back, when one of the new talking points from the White House was that the Vice President’s powers included the ability to declassify information? People wondered a little about why this was important, but the reason is pretty transparent: if Libby flips on Cheney and says that it was the Veep who told him to link Plame’s identity, their fallback position is that because Cheney is VP, his order to disclose Plame’s classified status means he was declassifying her status. Ergo, no classified leak exists. It’s an end run around the laws concerning classified material, but certainly par for the course with this most mendacious of administrations.
Now the story’s getting more interesting, as Libby is asserting that the order came from Bush. We can assume that the GOP noise machine will immediately start in with a variant of the “if the President does it, it’s not illegal” canard that is so dangerously close to Louis XIV’s (in)famous pronouncement in re: state-monarch unity. However, it ain’t necessarily so, and I pray that won’t fly. Bush deciding to leak Plame’s CIA identity would and should remain a crime. Surely Bush cannot simply decide to declassify her status as political payback and get away with it. At least, I’d be sure of that if we still lived in a country that enjoyed the rule of law a bit more universally; Bush’s imperial presidency has already done substantial damage to that most basic of governmental ideals. It remains to be seen how much more damage he’ll do.
(Thanks for the heads-up, Triple-F!)