Here's my take kj. If outing Plame were a crime then the President might have to talk. But since the crime was merely Libby's dishonesty with prosecutors, the President should be able to claim privilege. If outing Plame in itself was legal then any questions about Bush's conversations with Libby concerning Plame are irrelevant. I doubt that's the case because I can't imagine Fitz questioning Bush about a matter out of scope but once again the Libby indictment gives no hint as to issues beyond perjury/obstruction.
Quote from kjkent1:
Well, on the legal point, the federal crime of obstruction of justice can be committed by affirmatively lying or misrepresenting to federal investigators, or by passive silence. This issue was passed upon by the U.S. Supreme Court and the decision was written by Scalia (although the correct case cite evades me for the moment). I remember it because I was quite amazed to know that refusing to talk to a federal investigator could result in criminal prosecution for obstructing justice, and that the ONLY response to a federal investigator that can protect a person from prosecution is one of refusing to answer on grounds of possible self incrimination.
So, if Bush knew that he leaked the info, and he remained silent as to his knowledge, rather than asserting his 5th Amendment privilege, then he would be in the exact same position as is Libby currently, i.e., charged with obstructing a federal investigation, even though he is not charged with any crime which was the subject of the underlying investigation.
Not that I think the President would fail to disclose (no way, he'd never do anything like that -- lol). But legally, he can be prosecuted for failing to disclose information to Fitzgerald, because the Executive Privilege doctrine protects the President from disclosing information for anything within the President's scope of office, "except" as part of a criminal investigation.
This is precisely why Nixon had to disclose the Presidential tapes -- because Watergate was a burglary.