Trials, Tribulations and Treason: Scooter Libby, Misplaced Loyalty and Renegade Republicans
as originally posted on ePluribus Media and DailyKos.

Article Three, Section Three, Clause 1 of the United States Constitution reads as follows:

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

I. Lewis "Scooter" Libby has, by the overt act of perjury, intentionally derailed an investigation into a serious breach of national security during a time of war. This over act served to prevent investigators, acting in the role of the United States, from identifying and stopping domestic enemies of the state from leaking secrets during sed war.

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According the White House and (most of) Congress, we are engaged in a war. The Executive Branch insists that this is a war to bring Democracy and Freedom to Iraq, to fight Al Quaeda "over there, so we don't have to fight them over here" and to quell an "insurgency" fueled by renegade nations.

Selling or revealing national secrets during a time of war inhibits the ability of the United States to wage war effectively; it undermines our safety, our security and our intelligence networks. While it does not directly, necessarily constitute "waging war" against the United States, it does can be reasoned that it gives aid and comfort to our enemies. Regardless of that, however, it is a breach of trust and a threat to the nation.

Intentionally impeding an investigation into a serious breach of national security in order to protect the guilty -- who would arguably be Enemies of the State engaged in intelligence warfare against the nation -- equates to "Aiding and Abetting" in the commission of a crime, and it most certainly gives "aid and comfort" to the (domestic) Enemies of the State.

Ergo, "Scooter" Libby is guilty of treason; he intentionally lied, misdirected and perjured himself during the investigation of the Plame outing by Congress and the FBI in order to protect those who were responsible. Congress and the FBI are, in effect, acting in the interest of the United States. Regardless of who the culprits were, they were obvously acting against the interests of the United States.

"Scooter" may be demonstrating extreme loyalty to friends or "superiors" in the Chain of Command, but it's a sorely misplaced loyalty when it puts the entire nation at risk and destroys or disrupts our intelligence-gathering assets, particularly during a time of war.

For those who are calling for a pardon, or who are calling for the sentence to be commuted because "Scooter is a great guy," there is no excuse. Regardless of how nice he is, he engaged in treasonous activity that prevented the United States (as represented by Congress and the FBI) from stopping a major security leak that threatened critical intelligence networks and assets during a time of war. There is no excuse for "Scooter's" actions, and to attempt to free him via pardon or through commutation of the sentence serves only to show that the supplicants and supports are themselves guilty of adhering to Enemies of the State -- they are, in effect, attempting to thwart effective punishment and protection of our nation.

Everyone who calls for a pardon and everyone who calls for the President to commute "Scooter's" sentence betrays our troops, our intelligence community and the people of the nation.

As for the President, there is only one option: explicitly direct Mr. Libby to answer the questions of the Special Prosecutor fully, truthfully and without delay, or face charges of Treason by Congress and an appropriate punishment in accordance with the law.

Failure of the President to so direct Mr. Libby, and indeed any action taken to pardon or commute the just (if light) sentence and conviction of same, would clearly undermine the duty of the Executive -- the Commander-in-Chief, the Decider Guy -- to safeguard the nation.

Congress, it is time to draw up charges of Treason against I. Lewis "Scooter" Libby, and set an immediate timetable for the trial to begin. Even Benedict Arnold had his bright spots and moments at the start of the American Revolution, but look how that turned out...and time has passed. The White House and the GOP like to reiterate that 9-11 changed everything -- they've justified torture, illegal surveillance, rendition programs and the suspension / removal / chincy-assed prevaricative faux compromise of Habeas Corpus under that mantra. Both the White House and the GOP have implied that questioning or challenging the actions of the WH, the Pentagon or their minions during a time of war could be taken as "treasonous" and they used the language of "treason" as defined in the Constitution to drive that point home.

What, then, would be the actual revelation of and destruction of Intelligence Assets, or the act of deliberately protecting those who destroyed those assets? ...why, treason of course, by the very nature of the thing. It's far more overt and entirely measurable -- far more so than the intangible ramblings of a media outlet.

Place Libby in the spotlight. Demand that the President direct him to answer the questions of Congress and the Special Prosecutor or face a trial for treason against the United States. Get to the bottom of the leak, the lies and the coverup.

And do it now.