Thursday, June 03, 2004

Misprision

With Bush consulting with a lawyer it's a good time to consider what possible legal difficulties he could be confronted with. Now, obviously if as Capitol Hill Blue claims (they aren't a trustworthy source, BTW), one of the grand jury witnesses has claimed Bush had prior knowledge of the leak then he would be in seriously deep doodoo.

But, let's assume for now that isn't the case (or, at least that there isn't actually such a witness). If after the fact he knew who did it, then he would be likely be guilty of being an accessory after the fact for actively covering it up, depending on how his public statements, etc... diverge from the facts.

And, even if not guilty of being an accessory, he could still face charges of "misprision of a felony" - of knowing about it and not coming forward.

So, the point is -- if at any time, before or after, the president knew the identity of the leakers then, to quote Michael Kinsley, "Ha. Ha. Ha."

(thanks to this OSP post for some help on this.)