Depends on What Your Meaning of "Ongoing Investigation" Is

Via this diary at Kos, here's a great exchange where Smilin' Scotty gets nailed to the wall:

Q Scott, the President told Brit Hume that he thought that Tom DeLay is not guilty, even though the prosecution is obviously ongoing. What does the President feel about Scooter Libby? Does he feel that Mr. Libby --

MR. McCLELLAN: A couple of things. First of all, the President was asked a question and he responded to that question in the interview yesterday, and made very clear what his views were. We don't typically tend to get into discussing legal matters of that nature, but in this instance, the President chose to respond to it. Our policy regarding the Fitzgerald investigation and ongoing legal proceeding is well-known and it remains unchanged. And so I'm just not going to have anything further to say. But we've had a policy in place for a long time regarding the Fitzgerald investigation.

Q Why would that not apply to the same type of prosecution involving Congressman DeLay?

MR. McCLELLAN: I just told you we had a policy in place regarding this investigation, and you've heard me say before that we're not going to talk about it further while it's ongoing.

Q Well, if it's prejudging the Fitzgerald investigation, isn't it prejudging the Texas investigation with regard to Congressman DeLay?

MR. McCLELLAN: Again, I think I've answered your question.

Q Are you saying the policy doesn't apply?

Q Can I follow up on that? Is the President at all concerned that his opinion on this being expressed publicly could influence a potential jury pool, could influence public opinion on this in an improper way?

MR. McCLELLAN: I think that in this instance he was just responding to a question that was asked about Congressman DeLay, about Leader DeLay, and in terms of the issue that Peter brings up, I think that we've had a policy in place, going back to 2003, and that's a White House policy.

Q But that policy has been based in part, in the leak investigation and other things, on the idea that it is simply wrong for a President to prejudge a criminal matter, particularly when it's under indictment or trial stage. Why would he --

Can I step in? I think what Mr. McClellan's trying to say is that it's OK for the President to prejudge and influence a criminal matter when the defendant in question is really really helpful in getting his legislation passed (i.e. Leader DeLay), but when the defendant is a member of the White House staff and anything you say can and will be used against you in a court of law, you have to shut up about it.

Got it?

Q How can you not -- how can you say there's differences between the two, and we're supposed to buy that? There's no differences. The President decided to weigh in on one, and not the other.

MR. McCLELLAN: There are differences.

Q And the public is supposed to accept the fact that he's got no comment on the conduct of senior officials of the White House, but when it's a political ally over on the Hill who's got to help him get work done, then he's happy to try to influence that legal process.

MR. McCLELLAN: No, not at all. Not at all. You can get all dramatic about it, but you know what our policy is.

Go ahead, Paula.

Q I do have a question about White House ethics guidelines --

MR. McCLELLAN: I think the American people understand.

Q No, they don't. And the only thing that's dramatic is the inconsistency of the policy and you trying to defend it.

Sheesh, since when did these reporters start acting all uppity like they can distunguish consistency and all that? I'll bet Scotty is clicking his heels and saying "take me back to 2002!"