On the July 3 edition of CNN's Lou Dobbs Tonight, while discussing President Bush's commutation of former vice presidential chief of staff I. Lewis “Scooter” Libby's prison sentence, conservative radio host Steve Malzberg told guest host Kitty Pilgrim that Bush “did the right thing” in commuting Libby's sentence, adding that Libby “had nothing do with” leaking the identity of former CIA agent Valerie Plame. However, as Media Matters for America has repeatedly noted, Libby reportedly disclosed Plame's CIA employment to then-New York Times reporter Judith Miller before Plame's employment was publicly revealed by syndicated columnist Robert D. Novak in a July 14, 2003, column.

In response to Pilgrim's assertion that “72 percent [of the American public] say that President Bush should not pardon Scooter Libby,” Malzberg claimed that “the reason the polls show that is because this whole case has been misrepresented,” again asserting that "[t]hey think Scooter Libby leaked the name of a covert CIA agent, which was not even leaked." Malzberg's comments were not challenged by the other guests during the segment, radio hosts Warren Ballentine, Charles Goyette, and Roland Martin, who is also a CNN contributor.

As Media Matters has noted, although Libby did not reveal Plame's identity to Novak, prosecutors alleged that Libby did discuss Plame's CIA employment with Miller on three occasions prior to the publication of Novak's column. The indictment filed against Libby by special counsel Patrick Fitzgerald on October 28, 2005, asserted that Libby mentioned Plame's CIA employment to Miller on June 23, 2003, July 8, 2003, and July 12, 2003. Further, as Media Matters also noted, journalist Murray Waas explained in his book The United States v. I. Lewis Libby (Union Square Press, June 2007) that Miller testified on January 30 that Libby had disclosed Plame's CIA employment to her at a July 8, 2003, breakfast meeting in Washington, D.C., well before Novak publicly revealed it in his column.

Malzberg also suggested that it was significant that Plame's name “was not even leaked.” As Media Matters has noted, whether leakers identified Plame by her name -- “Valerie Plame” or “Valerie Wilson” -- or as “Wilson's wife” is irrelevant as a practical matter, because a quick Google search for former Ambassador Joseph C. Wilson IV at the time would have produced Plame's name. Hence, it is of little significance whether Libby or anyone else disclosed Plame's name, as opposed to her identity as a CIA employee, to a reporter.

From the July 3 edition of CNN's Lou Dobbs Tonight:

PILGRIM: Joining me now, four of the country's top radio-show hosts. So, here in New York, we have Steve Malzberg of WOR in New York, Roland Martin of WVON in Chicago. And Roland is also a CNN contributor. And from Raleigh, North Carolina, we have Warren Ballentine of Syndication One. And from Phoenix, Charles Goyette of KFNX. And welcome to you all.

MALZBERG: Thank you, Kitty.

GOYETTE: Hi, Kitty.

PILGRIM: Hello. We have to start with the Scooter Libby news, which was a very big jolt this week. Let's start with Steve. President Bush today saying he wouldn't even rule out a full pardon. This is like this rolling decision. What do you think about the way it's been rolled out?

MALZBERG: Well, I think he did the right thing. I think he absolutely did the right thing. I think there's no call for jail time for what Scooter Libby did. Basically, his conviction was based on a difference in a story between Tim Russert [host of NBC's Meet the Press] and himself. The news media's portraying it as he helped leak the name of a CIA agent. He had nothing to do with that. He was never accused of that. Nobody was prosecuted for that. No one was found guilty of that. It was just he said/she said. They convicted him of lying, and I think the president did the absolute right thing.

MARTIN: Wow. Law and order Steve?

MALZBERG: That's right.

MARTIN: He's not believing that? Now, he said it was just really no big deal. Let's see, Attorney General [John] Mitchell [under Richard Nixon], obstruction of justice, went to jail. Martha Stewart, obstruction of justice, went to jail. Rapper Lil' Kim lied to a grand jury, went to jail. So all these other people can lie to --

MALZBERG: [Former Housing and Urban Development Secretary] Henry Cisneros, pardoned by [then-President Bill] Clinton. Eighteen counts he was indicted on. He pled guilty to lying to the FBI, pardoned by Clinton.

MARTIN: But I can't believe you and law and order!

MALZBERG: What's the difference?

PILGRIM: Let's get Warren in on this. Warren, go ahead.

BALLENTINE: Are you kidding? Are you kidding? Are you kidding me here? I agree with Roland Martin here when he's talking about Martha Stewart and others, but basically this is Tony Soprano taking care of his own. President Bush is basically doing this -- he's doing this for a reason. The reason is this: If Scooter Libby goes to jail, he's going to tell the true story. He is going to tell what's really going on in this administration. Look. Look -- let me tell you something. This administration is faulty, but also this Congress -- it's not just the Republicans, it's the Democrats. All of them are dropping the ball here. [House Speaker] Nancy Pelosi [D-CA], what is -- she's a joke. She takes off the table impeachment of this president. He's Tony Soprano now.

MALZBERG: This is the radical left -- radical left dreaming, dreaming.

BALLENTINE: He's untouchable.

PILGRIM: Let's talk about the American public. Hang on one second. Let me talk about the American public. Now, 72 percent say that President Bush should not pardon Scooter Libby. What do you think of that, Charles?

[...]

MALZBERG: The ranting and raving of the radical left. And the reason the polls show that is because this whole case has been misrepresented. They think Scooter Libby leaked the name of a covert CIA agent, which wasn't even leaked.