The Prosecutor Zeroes In

The "brief from the solicitor general argued that, while the president was immune from indictment, the vice president was not, since his conviction would not disrupt the workings of the executive branch."

Agnew ended up resigning his office as part of a plea bargain.

Civil suits of course are another story.

Richard Keil wrote in a Bloomberg story yesterday that he had recently spoken to Ambassador Joseph Wilson, Valerie Plame's husband, and Wilson "said that once the criminal questions are settled, he and his wife may file a civil lawsuit against Bush, Cheney and others seeking damages for the alleged harm done to Plame's career.

"If they do so, the current state of the law makes it likely that the suit will be allowed to proceed -- and Bush and Cheney will face questioning under oath -- while they are in office. The reason for that is a unanimous 1997 U.S. Supreme Court decision ruling that Paula Jones' sexual harassment suit against then- President Clinton could go forward immediately, a decision that was hailed by conservatives at the time."

No Comment

In a photo op with the Bulgarian president yesterday, Bush once again declined to comment.

"Q Mr. President, would you expect a member of your administration to resign or take leave if they were indicted?

"PRESIDENT BUSH: . . . There's an investigation going on; I've made it very clear to the press that I'm not going to discuss the investigation. And so, therefore -- and so my position hasn't changed since the last time I've been asked this question. There's a serious investigation. We're not going to -- I'm not going to pre-judge the outcome of the investigation."

Miller's Tale

Aaron Brown interviewed New York Times reporter Judith Miller's attorney, Robert Bennett, last night on CNN about what Libby told Miller and what he didn't:

"BROWN: The -- the question of whether he tells her -- whether he says to her Valerie Plame is an interesting one. There is that part in her note that says 'Valerie Flame.' And she says she doesn't remember who told her that. And I think, to some people, it's a bit of a stretch to think that a -- a reporter as resourceful and capable and experienced as Ms. Miller would not remember who told her that.

"BENNETT: Well, but I -- you have to understand the context, which has been lost in some of the reporting.