There's an old joke in which a lawyer is defending his client thusly:
Your Honour, my client wasn't even there. And even if he was, he didn't do it. But if he did, it was an accident. Besides, the son-of-a-bitch had it coming to him."
In short, the lawyer is using every conceivable excuse even when they're mutually contradictory which, naturally, brings us to Version 1.0 of the Scooter Libby-related defense of Preznit George W. McFlightSuit which, not surprisingly, you can find over at Crazy-Assed Racist Redneck where Kate quotes approvingly from one Austin Bay:
Presidents and vice-presidents can declassify information based on their own good (or bad) judgment. That is a privilege and responsibility of the office. Their authority is near-absolute. Disseminating unclassified information isn’t a crime — no matter the technique used. The information can be disseminated at a press conference, in a press release, in a speech, or — yes– via leak.
See how that works? The Preznit is in the clear because, well, he had the authority to declassify and leak information about a covert CIA operative all this time. Who knew?
Ignore, of course, that the White House has adamantly denied any involvement from the beginning. Ignore the Chimpster's statement from back in 2003, when he said (courtesy of Simon back here), "And if there is a leak out of my administration, I want to know who it is. And if the person has violated law, the person will be taken care of."
In other words, "We absolutely, positively didn't do it, no way. But if we did, it was legal because we can do anything we want, anyway." Isn't it kind of pathetic when your entire talking point reduces to a moderately funny joke about lawyers?
AFTERSNARK: Once upon a time, leaking was a bad thing. Today ... not so much.