Lawyers close to this investigation have said that notes taken by Scooter Libby show that he first learned of Plame’s name from conversations with Dick Cheney. This conflicts with Libby’s testimony that he first learned of her name from journalists. The notes indicate further that Cheney learned of the name from the director of central intelligence, George Tenet, after the Vice-President questioned Tenet about Ambassador Wilson.
It is not unlawful for Cheney, Libby, and Tenet to discuss Plame. However, it is unlawful to disclose her name if they knew of her undercover status. The notes do not indicate that Cheney or Libby knew of her undercover status. It would also be unlawful to misdirect investigators away from Libby and Cheney’s conversations concerning Plame. This is obstruction of justice and it may be what Libby has done.
It is expected that Patrick Fitzgerald will decide whether to bring charges by Friday.
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