
From left to right: Stephen Hadley, Scooter Libby, Dick Cheney, George Bush.
The latest filing in the Libby case is a doozy, according to the NYSun this morning. If Libby was being truthful in his testimony about this, and if Cheney wasn't misleading him in his assertion that President Bush authorized Libby to leak selected portions of the NIE to the press (specifically Judy Miller), then I think we've discovered a very good reason for Fitz to have met with the President's attorney just prior to Libby's indictment.
But that's the least of the revelation's implications:
A former White House aide under indictment for obstructing a leak probe, I. Lewis Libby, testified to a grand jury that he gave information from a closely-guarded "National Intelligence Estimate" on Iraq to a New York Times reporter in 2003 with the specific permission of President Bush, according to a new court filing from the special prosecutor in the case.The court papers from the prosecutor, Patrick Fitzgerald, do not suggest that Mr. Bush violated any law or rule. However, the new disclosure could be awkward for the president because it places him, for the first time, directly in a chain of events that led to a meeting where prosecutors contend the identity of a CIA employee, Valerie Plame, was provided to a reporter.
Which begs the question, what sort of follow-up permission may have been sought from President Bush when Libby's first disclosure to Judy Miller of the selective release of parts of the NIE didn't bear fruit in the attempt to discredit Wilson and undercut the Administration's critics? Or was the permission to out Valerie Plame Wilson already an implicit part of the effort? How intimately involved in all of this was Dick Cheney?
In a court filing late Wednesday responding to requests from Mr. Libby's attorneys for government records that might aid his defense, Mr. Fitzgerald shed new light on Mr. Libby's claims that he was authorized to provide sensitive information to the Times reporter, Judith Miller, at a meeting on July 8, 2003."Defendant testified that he was specifically authorized in advance of the meeting to disclose the key judgments of the classified NIE to Miller on that occasion because it was thought that the NIE was ‘pretty definitive' against what Ambassador Wilson had said and that the vice president thought that it was ‘very important' for the key judgments of the NIE to come out," Mr. Fitzgerald wrote.
Mr. Libby is said to have testified that "at first" he rebuffed Mr. Cheney's suggestion to release the information because the estimate was classified. However, according to the vice presidential aide, Mr. Cheney subsequently said he got permission for the release directly from Mr. Bush. "Defendant testified that the vice president later advised him that the president had authorized defendant to disclose the relevant portions of the NIE," the prosecution filing said.
If you were Pat Fitzgerald, wouldn't you want to check directly with George Bush's lawyer to see if Cheney were telling the truth to Libby at that point -- or if he was taking things into his own hands and giving the color of permission from the President that Bush had not, in fact, given with regard to the selective leaking of the NIE? I sure would.
And it sure does bring the interview with Fox News after Dick Cheney shot the old man in the face into a sharper focus, doesn't it?
In an interview with Fox News in February, Mr. Cheney, who has a reputation for secrecy, acknowledged that he has sometimes pressed for the official release of classified records."I've certainly advocated declassification and participated in declassification decisions," he said.
Asked if he had ever "unilaterally" declassified material, Mr. Cheney replied, "I don't want to get into that. There is an executive order that specifies who has classification authority, and obviously focuses first and foremost on the president, but also includes the vice president."
Talk about things that make you go "hmmmmm."
The whole Sun article is an intriguing read, and thankfully there is a pdf attached of the actual government filing (Pacer was being very uncooperative for me this morning -- thank you to reader libopinion for pointing out the pdf. Much appreciated!) While I take a read through the whole filing, I thought everyone would like a read of the Sun article.
And while you are at it -- take a peek at this from Jeralyn regarding the Insight Mag article on who "Official One" might be. This article has "Babs Comstock plant" written all over it, but the question is, why?
I'm with Jeralyn on this -- what does Team Libby have in store for Armitage and Powell in terms of payback? You know they have something in pocket, or they wouldn't bring them up. Which leads me to believe that Mark Grossman has been cooperating a whole lot more than we initially suspected -- and isn't that and interesting possibility, considering his prior usefulness to the whole neocon cabal? (And it is Insight Mag, so keep your salt at the ready. Read it with some big grains at hand, considering their likely source on a lot of this was Babs.)
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Libby wants to take em all down with him. Ata boy scooter. You go boy.
This just gets curiouser and curiouser. Why is the NYSun of all rags exposing this, unless, as I believe a conscious decision has been made by KKKarl to dump the whole shebang on Cheney. Iraq, Plame, everthing. W missed his Friday luncheon with Dick last week, I wonder if he’ll be around the WH tomorrow.
this filing is a mini-Fitzmas (like a Sint-Nicolaas Day?) rich with info. I find the Scotty-denial story fascinating too.
good for the Sun ! some hotspot reporter (JOSH GERSTEIN) heard of this public filing and went for it. Good for them ! Any halfway-sentient reporter would go with this public PDF…
Heh. Aspens. Quaking.
I thought they only did that in the fall.
Oh yeah. FALL.
That Fitzgerald, he NEVER disappoints me.
BTW the “Inspector Javert” crack in the George Will article is such a cheesy cheap shot.
This sounds to me like grounds for impeachment. The ‘President’ violated national security for political reasons.
Of course, this is only one of many crimes that Bush has committed, many much more serious than this, but it is tied into them. The manipulation of national security secrets was a central part of Bush’s campaign to lie his way into the Iraq war.
this “cheney told Libby he got Bush’s permission” sounds to me like a classic CYA response. Cheney does not have the power to declassify material, so the narrative has been changed from
“Cheney told Libby to reveal classified info to Miller”
to
“When Cheney told Libby to reveal NIE stuff to Miller, Libby objected, so Cheney went to Bush and got the okay from him”.
BTW I think we are crashing the NYSun’s website. I got an error message after page one of the article. Went back and now can’t get the article at all. What I REALLY want is a working link to the actual fileg. Also is there a working link to the decision the judge put out yesterday. I have not made it inot the offic eyet and do not have my Pacer password at home.
Scotty’s head is going to spin a mile a minute on this one. This is HUGE. I even sorta feel sorry for what’s in store for him. Well, not really.
looseheadprop,
Yesterday’s opinion.
http://justoneminute.typepad.c.....060405.pdf
Looseheadprop — here’t eh link on the Fitz filing:
http://www.nysun.com/30561.pdf
Although I can’t swear it will work either, since it’s on the Sun server. I don’t have the latest ruling either — I had major Pacer problems this morning and couldn’t pull anything off. I think they are probably also overwhelmed between media and other requests for the docs.
looseheadprop: post your Email addy here in non-spammable version and I’ll Email ya the PDF
It does look like their fabled unity may be cracking; it’s about time.
But I’m thinking of Norske’s plea last night, and wondering how we (if not the Dems…) can phrase this so as to get maximum mileage out of it. It’s not necessary to devolve to their level, but some appropriate, effective spin techniques could prove quite useful right about now.
looseheadprop says:
April 6th, 2006 at 6:42 am
You’ll find a working link to the actual filing in post 43 of the previous thread.
Here’s a link for Judge Walton’s ruling: http://justoneminute.typepad.c.....060405.pdf
Wake up America and smell the coffee…!
thanks Christy;-}
Christy, on the same day Libby met with Miller to discuss portions of the NIE, didn’t the name Flame appear in Miller’s notebook?
also in the filing is some tantalizing info about how Libby got Cheney to get Scotty to issue the famous “WH denial”. Fitzy casually throws in without comment Bush’s statement that anybody involved will be fired but implies by its placement that Bush could also be a part of that coverup…
Holy mogambo — why does major legal filing reading day have to always coincide with girlie home with a cold day? *g* Lots of reading to do on these two filings, gang. Will get something up on both as soon as I can.
the name “Flame” allegedly was in a separate section of the notebook seemingly not directly a part of the notes about the meeting…
libopinion — it was in Miller’s notebook — but as I recall, she wrote that it was on a different page of her notebook. (Plausible deniability, anyone? Or perhaps a disclosure in the parking lot on the way to the cars as opposed to sitting at the table?) Just gets more and more interesting, doesn’t it?
*ilson46201 — Do you think Bush is bright enough to be involved in the cover-up?
I’m reading this PDF, I love this paragraph for some odd reason:
[..]While defendant may prefer to put the conduct of others on trial, he is not entitled to do so. Nor is defendant entitled to discovery so that he may examine witnesses at trial regarding their conduct and the conduct of others that is not germane to the issue of whether defendant lied and obstructed justice.
Page 16 of 39
I feel a mixture of relief and dread. Relief that this may be the tipping point for the whole shebang. Dread in the sense of, who is going to run the country while they do damage control/shit their pants?
Is a successful, or at least, undisastrous, second term ever possible? Because that’s what I want for whomever we get in there in 2008-20016. Amd the corrupting power of power seems unstoppable.
when Bush really gets involved, he follows details and a ratfucking like this is right up his alley… tactical political scrapping is his style
Oh, and Christy and Jane — I forget who suggested it up-thread, but “I was EPU’d at FDL” would look absolutely wonderful on a sweatshirt.
hint, hint…
“I love the smell of napalm in the morning… It smells like….. Victory”.
I just got a whiff of it, just now, while reading this post. The napalm has a distinguishing REPUGNICAN odor.
Maybe there is some hope after all that this PNAC Cabal will FAIL in their attempted coup. We may yet be able to take our country back, starting this fall. If this story blows up, how many rubber-stamp Repugnicans will lose their once “safe” seats ?? MANY I’m hoping.
The more time that passes the more this thing looks like a Repug death spiral. I hope this latest revelation further marginalizes this evil regime so that an attack on Iraq, or the Americam middle class becomes impossible.
I’m staying WAY TUNED to this story.
ok. it’s break time. just poured my 3rd cup of coffee. some heavy reading to do. weeeeeee! RH - isnt that always the way with little ones? pre-school is just one big germ factory sometimes.
So when Bush said he’d get to the bottom of the leak, he was already the one who started the whole thing?
Thanx
I found yesterday’s opinion on the public pages of the DC District court. Redd You don’t need to get it off Pacer.
I don’t think the links are wrong, I think maybe we broke the NYSun server. I tried to get the home page and even that is out.
Wilson, I don’t know what you mean by email address in non-spamable version. Redd and Jane have my email though.
It’s sad to be a living anachronism, I can’t type and I can’t tech. Sigh
Say it’s not so–that the president would “unilaterally…declassify material” for political reasons. I think I hear the spin machine revving up.
I love this place!
24 dannyboy says:
April 6th, 2006 at 6:56 am
*ilson46201 — Do you think Bush is bright enough to be involved in the cover-up?
IMHO… the operative question here is
“Are any of us really surprised that Bush was (and continues to be) stupid enough to let Cheney pull his pud on this one?
OT- I’m a little tired of the “old man” description of Cheney’s shooting victim. I think it’s insulting to the victim, and don’t see how his age or gender makes the shooting any more egregious.
BTW, I read the opinion issued yesterday, and I see it as a big win for the goodguy.
He has to add an affidavit from a national security type to each of his ex parte filings, justifying why they are made that way
[Everybody knows what ex parte maens, right? It’s filing that one side make under seal to the judge and the other side doesn’t get to see it. Usually, but not always, the other side is notified that a filing has been made but not the contents]
Other than adding the affidavit (which I love B/C it’s just one more layer of due process to help a conviction stand up on appeal), Fitz’s conduct has been vindicated by this ruling.
Where I Fitz, I would be grateful for the added bullet proofing.
So how long before Cheney leaks that it was actually Andy Card who told him that Bush said it was okay?
Everyone -
For future reference, here’s a link to this year’s opinions of the DC District Court:
http://www.dcd.uscourts.gov/op.....-2006.html
Ditto, what dannyboy said.
Mojo: Repugnicans emit a pointedly sulfurous odor; under pressure, there is distinct top note of burnt crude oil. Definitely strong scent of sulfur and crude today in the wind.
So if Babs is preemptively planting out in fertile fields, what countermeasures will be planted elsewhere? Has it already been under our noses but we missed it? Was the brouhaha about DeLay part of a misdirection?
looseheadprop:
Non-spammable version would be something like:
joeschmoe[at]aol[dot]com
eh?
As long as we are talking about Bush, here is an article by Russ Feingold on: The GOP’s Stake in Checking the President. Excellent. What impresses me about Feingold is the clarity of his thinking. Agree with him or not, this man thinks before he speaks, not like 99% of politicians.
http://www.tompaine.com/articl.....sident.php
Quoting looseheadprop … “Other than adding the affidavit (which I love B/C it’s just one more layer of due process to help a conviction stand up on appeal), Fitz’s conduct has been vindicated by this ruling.
Where I Fitz, I would be grateful for the added bullet proofing. “
That’s what I read too. Some people wre crowing that it was a big win for Libby, but I didn’t see that. Basically it read like Walton slapping down a reason for appeal.
Larry 34 — You’ll not find me arguing that Dubya’s IQ is much above single digits, but it is intriguing to think about just what his contributions might have been. (I have real difficulty imagining him responding on anything other than a four-year-old level.)
But yes, now that this is out, watch’em focus on McKinney and try to smear Powell et. al.
Otoh, it looks like their whole contraption really is, um, spinning apart.
hmmmmmm…
Christy: Thanks so much for a great, great post and traitorgate fix.
BTW great catch on this, which I would have totally missed had you not reminded me:
“And it sure does bring the interview with Fox News after Dick Cheney shot the old man in the face into a sharper focus, doesn’t it?”
looseheadprop, I think what they mean is without the @ sign. For example, casperthefriendly at yahoo dot come, does not allow spammers just to electronically scan the comments and lift out a working address.
The question that was asked in the middle of an interview concerning the hunting incident seemed to come out of left field, totally out of context. It had to be a pre-planned question that Cheney wanted to be asked. I suspect Cheney’s interest was in protecting himself, more that giving aid and comfort to Libby.
OMG!!
Skipped to bottom of thread, and have not yet finished the Fitz filing, but got to the part where he says he does not entend to call Hadley, Rove or Tenent to testify…
They have gotta be targets. He can’t call em and use them for his case in chief and have them take the 5th w/o risking a mistrial.
Jaw on floor.
Can I ask a really dumb couple of questions? First, what is RSS? And second, how can I watch C-SPAN on my computer? I’m just an old, un-tech-savvy lady who used to have a Mac and is utterly lost on these PC-gizmo’s.
dannyboy - Yep. T-shirts, coffee cups, bumper stickers. Have to get EPU to sign off, of course. I’m thinkin he would. Let’s ask him.
This is off topic and I apologize, but just have to celebrate the fact that the Mecklenburg Co. Dem. Party planned a protest today for Bush’s speech here in Charlotte and it was front and center on their web site. The Meck and NC sites for the Rep. Party didn’t even mention Bush’s visit. Not a word about it. They had such a hard time giving away the tickets that they offered them to local Democratic politicians. My mother was offered two and couldn’t find anyone to go with her. She turned them down. I think it’s a riot.
Really enjoyed the Plame fix. That saying about the wheels of justice is oh so true. I think they need a little WD-40.
Rove and Hadley non-testifying coz they are targets: no surprise there but TENENT??? that’s hugumongous …
RSS - Really simole sindication. It’s a feed line that your computer can understand (download).
I am a little bit in shock right now. For one thing, it has actually happened. The worms are turning in the garden and Fitz has turned on the bright sunlight at last. But it also seems that there is evidence of conspiracy, at least between Bush, Cheney and Libby initially when the NIE was “declassified” with Addington involved when he confirmed that the “declassification” was real to Libby. So I’m missing why there have not been more charges, unless Fitz finally feels it’s time that he can let some of this see the light of day because of where he is in the investigation.
And as far as the discussion about Pelosi et al, would you think this would finally be time to use the powder?
I love that Libby hand wrote the talking points for Snotty, so accomodating.
dannyboy - for cspan you might need to have dsl/cable. Go to their site.
http://www.c-span.org/
Andy Card is the Preznut Whisperer (911)
Is this the reason why Bush has not issued any pardons yet?
Predictably, nothing on WaPo or NYT online.
everybody should be using Firefox if only coz it’s got an RSS reader which I find to be a godsend…I read way too many blogs and it was a pain-in-the-keister to constantly be flipping from page to page, looking for new postings. With Firefox and RSS, those pages tell me when there’s something new! Way cool…
Cheney’s “I asked the pres and he said okay†response is eerily similar to his saying that Bush had okay’d the shooting down of Flight 93 – anyone remember that one? And that there was never any evidence to suggest that Bush ever gave that order?
For the life of me I cannot figure out how our elected representatives can be blindly going along, condoning, aiding and abetting the ongoing criminal activity of the administration. Too bad we can’t catch Bush or Cheney with their pants down around their ankles – but given that the GOP has grown to like the frequency with which the media is willing to provide bj’s (a la Tweety and Delay), I’m not sure either the GOP or the media would notice – or care.
Christy – hope Fiona feels better soon – and take care of yourself, too – there’s some nasty stuff going around.
Delicious, delicious.
If you turn your attention to the other ring in the circus you’ll see the Rummy/Condi cage match! Look at ‘em go!
Bush will now appear at a “press conference” (the kind that doesn’t allow questions) and admit flat-out that he unilaterally de-classified material in the interests of national security. His nervous tics and chicken neck will be going a mile a minute. Fox news will immediately sieze upon this statement as the final breach of the “fourth wall” of GOP public relations, the one that says that what is hidden in your coal-black heart can only be articulated through code. No longer! There will follow week-long special reports on how we should round up all the Spixicans, Darkies and Fags and leave ‘em in the middle of the ocean on a huge leaky WWII aircraft carrier, and that women’s reproductive organs must be subject to government regulation.
The GOP will make its last, brazen stand by ripping off the mask to reveal its hideous visage. The resulting implosion will temporarily suck in the earth’s atmosphere, but a thousand years of tranquility will follow. Amen.
Dannyboy - us older un-tech-savvy ladies will have a remedial group over in the corner trying to figure out this stuff. I don’t know for sure what RSS is, but I know that when I click sometimes to watch a video, there is the option for an RSS feed, which must be a type of system transporting info.
at first read, this seems to be yet another act of Treason by the pResident. Every Republican in this country, as well as every DINO who enabled this traitor should be profoundly ashamed.
Goper’s Lament (Hard To Be A Republican)
Oh, this is schweeeeeeeeeet.
Tenet commented *very* early on — in the fall of 2002, October, I think — that, oh Lord, now, what was it — the yellowcake, or tubes, or something, that Saddam wasn’t a threat. This was, of course, long before he fell on his sword, but the point is, he knew. Might that be part of it?
Back to my dumb questions: does my computer automatically use RSS, or is it something I tell it to do, and if so, why?
GrandmaJ / Dannyboy - Wilson has suggested Firefox browser as a solution. It has a free RSS reader. You can get other free RSS readers to use with IE if you want.
TAX DAY IS COMING, FOLKS!
The returns are in the mail!
I missed the party last night, but this post represents a key aspect of why I find myself continuously returning to FDL, which is that you guys just. do. not. stop. Speaking Truth to Power!
I don’t know how I would ever have time to comb through the media morass to even find these things — this country has come a long way from the days when all you had to do was open the NY Times or the Washington Post and read past the first page to always have a sense of what was going on in Washington. So thank you to Christy and Jane (as well as some of the other stellar members of the blogosphere like Digby) for picking up the pieces that the “free press” has dropped and stomped on.
As usual, great coverage on Plamegate.
I always debated just how high this scandal went: and my conclusions were either the VP’s office or the Presidents. When Rove became a focal point, I began suspecting the entire administration at the Presidential level… and I guess I wasn’t wrong. I wouldn’t be shocked if Bush didn’t have a big understanding of this… not because of his intelligence, but because all he’s really been for most of this Presidency is a person to sign the bills, so to speak, and campaign, while Dick Cheney does the real work… the evil ass he is.
Got to the “need documents irrelevant to the crimes charged to put the Plame smear in context”–a/k/a the “I was busy man with important things on my mind” section of the Fitz filing.
Last night I posted about the 12/24/92 Casper Weinberger press conference when he was pardoned by Bush Sr.
I swear to heaven, it was almost verbatim what the Libby defense has in there papers and what Fitz is rebutting here.
yes, it would be a slam dunk of anyone was going to hold bush accountable to the law. but he’s a proud lawbreaker now, out and proud. so sharing the NIE with improper people? hell, he showed bandar sensitive information about our war plans and the wingers didn’t blink.
zennurse says:
April 6th, 2006 at 7:27 am
What timing! This news breaks while I’m trying to wrap up some tax returns (and there will be some work to do while I try to watch the first round of the Masters this afternoon). I haven’t had a chance to read the filing, but have downloaded the pdf file for perusal later.
I’m wondering (and this is just speculation on my part) whether powder has been kept dry because of discreetly expressed rumors, held in strict confidence, about this breaking news that has only now come to our attention.
Please stay tuned…
essentially an RSS feed is a way of letting you know if there is something new on a page since last you looked. You need an RSS reader program todo this. Firefox has one built-in but there are zillions of other free ones. To use it, you simply go to a site you are interested in following, ask your RSS reader program to look if there is an RSS feed on that site. If you choose it, the RSS reader will add it to its list to sites to be checked. Then, when you ask your RSS reader to check its list out, it will tell you which of your desired sites have something new to look at at…
thats one of the way I tend to tell folks here if there’s a new thread coz FDL is on my RSS reader and I’m alerted to new postings !
I have firefox and dsl; how do I know if I’ve already got RSS? I am really hopeless about this and the hubby is otherwise occupied at present.
The lag in typing is killing my timely responses. :-) Dannyboy, others have already given a much better tech-savy response. I will still be in the corner ‘learning.’
Wondering — won’t King George just say that he has the power (ask Yoo) to do anything he wants? So declassifying secrets isn’t illegal when bush does it. Maybe they will try to pin everything on Georgie because nothing he does is a crime. Yup, that’s their spin.
dannyboy - Wilson will have to respond. I don’t use it often.
watertiger, girl, you GET TO WORK!!
I ccan’t wait to see the DR take on this. Can I request a lovely few photos of our heroes, Pat and Joe???
Fitz has Libby by the short hairs on these lesser charges. It appears that Libby can’t beat the lesser charges of perjury and lying to the FB eye, Libby’s trying to kick up a smoke screen, implicate others, create a gray mail defense. Fitz’s counter is impressive. Many big players are included/implicated in this April 5th document.
Again, one wonders how Colin Powell feels about now. What has he been doing, lately? Fleisher looks like he’s on the hook pretty good. Rove, not so much in this one. Bush is called out on his “fire anybody involved”. Rather than referring to Pumpkinhead Russert as a reporter, Water Boy would be more correct. Interesting that Russert is so close to the fire. Seems he made sure to cover his ass, by not lying to the Fitz.
I put up some of the greatest hits from the new Fitzgerald filing here in a comment at TNH, including the amazing stuff about Cheney, Bush and Libby. Cheney wanted Libby to disclose parts of the NIE to Miller, Libby had concerns about classification, Cheney went to Bush and then told Libby that Bush had approved the disclosure. Libby then went to Addington and got his expert opinion that presidential approval constituted declassification. But get this: Bush, Cheney and Libby didn’t tell anyone else - even when other key officials, including Cabinet level officials and including Hadley - were being pressed to work to declassify that very same document, along with Wilson’s trip report and another documents. Libby was at least in meetings that week in July with Hadley where they were discussing declassification and Libby chose not to tell him that parts of the NIE had already been declassified, albeit in an unconventional way, by Bush. Isn’t that extraordinary?
Big questions: is Fitzgerald suspicious of this story from Libby, presumably backed up by Cheney and Bush? Legally speaking, i presume that the fact that Fitzgerald is so explicit with the details means that he has no intention of bringing any charges in this regard. But still.
Was strategizing about Plame info also part of the preparation by Libby and Cheney in advance of the July 8 Miller meeting? And what about between Cheney and Bush?
Does anyone else remember the CIA completely disowning the war about three weeks prior to invasion? Seemed like a big deal at the time, but nobody mentions it. IIRC, they said that there wasn’t conclusive evidence of WMD, and thus couldn’t really sign off on invasion.
Is this accurate, or only a boy trying to dream?
The filing makes it clearer than ever that there was “concerted action” to discredit Wilson/Plame. What needs to be ascertained is if concerted action became felony conspiracy, and whether there was foreknowledge and intent about leaking Plame, and of course who dunnit. We already know there was a whole bunch of lying to cover up.
So it sounds like the hounds are getting closer to the quarry. (Maybe Woodward’s “junkyard dog” is more like a “bird dog.” Ah there, Dick. Careful now. We don’t want to hurt anyone. Blam!)
Page 24 of the Fitz filing. Only 3 people Pres, VP and Libby knew that Pres had authorized disclosure of NIE (which Addington gave an off the cuff opinion amounted to de-classifiaction).
Yest despite the fact that the Pres supposedly had already declassified it, and Libby had already revealed it to Miller, the WH was still pressing for it for it to be declassifed???
How can the Pres request the decdlassification of something he has already declassified???
Help, the room is spinning! Opps, that was my head going 360.
Re:Jeff #77
“Legally speaking, i presume that the fact that Fitzgerald is so explicit with the details means that he has no intention of bringing any charges in this regard. But still.”
Why no charges, even if it’s in this filing?
Also, how does this impact a Wilson Civil suit?
orangejumpsuit — brings that whole Fitz discussion about having sand thrown in his eyes by Libby’s obstruction into a much, much sharper focus, doesn’t it? For whom is Libby really providing the firewall?
if ya have Firefox go to ‘Tools’ ( NO, it doesnt have anything to do with Condi or Rummy!) and choose ‘Sage’. A column will open in the lefthand side of your window. Go to the FDL home page. Now click on the ‘magnifying glass symbol’ on the top of your Sage column. A pop-up window will open showing you the various RSS technical feeds. Choose Atom but RSS2.0 is okay too. After choosing your feed, close the window. FDL will appear in the column. Now click on FDL in that column. Boxes with a precis of each posting will apppear in your browser window. Click on the titles of whatever box to read. Really simple syndication!
Repeat for each website you check regularly. I have major newspapers and national blogs and Indiana blogs on mine…
To make the reader scan the list, just click on the ‘rotary’ symbol at the top of the column… it swiftly examines each site and emboldens the fresh websites. Click on one of them to see new stuff…
reply to comment # 10 (d.lukasiak):
Actually, I think Cheney does have the authority to unilaterally declassify documents. I remember reading (not sure whether it was at firedog or maybe emptywheel) that Bush had explicitly extended declassification authority to the VP.
Not sure if it’ll be too long for the comments, but I’ll try to append the entire text of the Sun article here (their server is really creaking under the strain). If it gets in but it’s too long or violates something, please of course delete:
A former White House aide under indictment for obstructing a leak probe, I. Lewis Libby, testified to a grand jury that he gave information from a closely-guarded “National Intelligence Estimate” on Iraq to a New York Times reporter in 2003 with the specific permission of President Bush, according to a new court filing from the special prosecutor in the case.
The court papers from the prosecutor, Patrick Fitzgerald, do not suggest that Mr. Bush violated any law or rule. However, the new disclosure could be awkward for the president because it places him, for the first time, directly in a chain of events that led to a meeting where prosecutors contend the identity of a CIA employee, Valerie Plame, was provided to a reporter.
Mr. Fitzgerald’s inquiry initially focused on the alleged leak, which occurred after a former ambassador who is Ms. Plame’s husband, Joseph Wilson, wrote an op-ed piece in the New York Times questioning the accuracy of statements Mr. Bush made about Iraq’s nuclear procurement efforts in Africa.
No criminal charges have been brought for the leak itself, but Mr. Libby, a former chief of staff to Vice President Cheney, was indicted in October on charges that he obstructed the investigation, perjured himself in front of the grand jury, and lied to FBI agents who interviewed him. Mr. Libby, who resigned from the White House and pleaded not guilty, is scheduled to go on trial in January 2007.
In a court filing late Wednesday responding to requests from Mr. Libby’s attorneys for government records that might aid his defense, Mr. Fitzgerald shed new light on Mr. Libby’s claims that he was authorized to provide sensitive information to the Times reporter, Judith Miller, at a meeting on July 8, 2003.
“Defendant testified that he was specifically authorized in advance of the meeting to disclose the key judgments of the classified NIE to Miller on that occasion because it was thought that the NIE was ‘pretty definitive’ against what Ambassador Wilson had said and that the vice president thought that it was ‘very important’ for the key judgments of the NIE to come out,” Mr. Fitzgerald wrote.
Mr. Libby is said to have testified that “at first” he rebuffed Mr. Cheney’s suggestion to release the information because the estimate was classified. However, according to the vice presidential aide, Mr. Cheney subsequently said he got permission for the release directly from Mr. Bush. “Defendant testified that the vice president later advised him that the president had authorized defendant to disclose the relevant portions of the NIE,” the prosecution filing said.
Mr. Libby told the grand jury that he also sought the advice of the legal counsel to the vice president, David Addington, who indicated that Mr. Bush’s permission to disclose the estimate “amounted to a declassification of the document,” according to the new court papers.
One of the facts Mr. Libby said he planned to disclose to Ms. Miller was that the estimate, produced in October 2002, concluded that Iraq was “vigorously trying to procure uranium.” This contention was sharply at odds with Mr. Wilson’s op-ed piece which argued there was no evidence of such a procurement effort, at least on a trip he took to Africa at the CIA’s request.
Mr. Bush’s alleged instruction to release the conclusions of the intelligence estimate appears to have been squarely within his authority and Mr. Fitzgerald makes no argument that it was illegal. While Mr. Libby said he gave that information “exclusively” to the Times reporter at their breakfast meeting at the St. Regis Hotel in Washington, many of the findings of the estimate were formally declassified and discussed at a White House press briefing ten days later, on July 18, 2003.
The court papers filed by Mr. Fitzgerald do not make clear whether Mr. Bush knew the disclosure was destined for Ms. Miller, though they indicate Mr. Cheney knew that fact. Mr. Libby is also said to have testified that five days late Mr. Cheney authorized the release to the press of information about a cable about Mr. Wilson’s strip.
Messrs. Bush and Cheney have been interviewed by Mr. Fitzgerald and his staff, but it is not known how their accounts of the events compared to that of Mr. Libby.
In an interview with Fox News in February, Mr. Cheney, who has a reputation for secrecy, acknowledged that he has sometimes pressed for the official release of classified records.
“I’ve certainly advocated declassification and participated in declassification decisions,” he said.
Asked if he had ever “unilaterally” declassified material, Mr. Cheney replied, “I don’t want to get into that. There is an executive order that specifies who has classification authority, and obviously focuses first and foremost on the president, but also includes the vice president.”
While prosecutors initially said Mr. Libby was the first government official to disclose Ms. Plame’s identity, it subsequently emerged that a Washington Post reporter, Bob Woodward, learned earlier about her CIA employment from another government official. Neither Mr. Woodward nor Ms. Miller wrote about Ms. Plame at the time. Another journalist, Robert Novak, first disclosed the employment of Mr. Wilson’s wife in a syndicated column released on July 14, 2003. The columnist based his story on interviews with Mr. Bush’s top political adviser, Karl Rove, and another official who has not been officially identified.
Prosecutors argued that Mr. Libby covered up his role in the disclosures because “he knew the White House had publicly staked its credibility on there being no White House involvement in the leaking of information about Ms. Wilson.” They also noted that Mr. Bush publicly declared he would fire anyone found to have leaked classified information.
The new court filing quotes from handwritten suggestions Mr. Libby gave to the White House press secretary, Scott McClellan, urging the spokesman to proclaim the vice presidential aide’s innocence with the same vigor that the press secretary previously denounced as “ridiculous” suggestions that Mr. Rove might have had a hand in leaking Ms. Plame’s identity.
Mr. Libby’s note, as typed up by the prosecution, reads like a stanza of verse:
“People have made too much of the difference in
How I described Karl and Libby
I’ve talked to Libby.
I said it was ridiculous about Karl
And it is ridiculous about Libby.
Libby was not the source of the Novak story.
And he did not leak classified information.”
Mr. McClellan did not adopt the talking points verbatim, but did tell reporters later that Messrs. Rove and Libby “assured me that they were not involved in this.”
Mr. Rove has not been charged with a crime, but remains under investigation by Mr. Fitzgerald’s office.
Lawyers?
What is vel non, or what does it mean?
thanks
Wow–Still early out here on my coast- and it looks as if it’s goin ta be a hot day.
Haven’t read everything carefully, but it looks like Clusterfuck authorized Libby to leak parts of the NIE to Judith Miller.
I haven’t figured out yet WHAT parts. Parts that had to do with Yellowcake I presume? Does anyone here know?
That would not be a crime- right? But it would be very embarassing. This story does NOT contend that Clusterfuck authorized Libby to leak Plame’s identity- right?- just the NIE.
This whole thing is news only to US- Fitzy and Libby and Clusterfuck and the whole sorry mess of em have known about it for a long time.
So what’s goin on here? Looks as if Fitzy is slowly releasing damaging material in order to–what? Put pressure on Libby to stop his “discovery motions”? To put pressure on Cheney and Clusterfuck to come clean? Or what?
Seems to me that the most interesting part of this story is “who is Fitzy trying to pressure and why?” Get to that and we might be able to figure out whose ass is in what crack and how wide the crack is.
I might be reading this wrong but,
it seems that he’s saying that Cheney TOLD Libby that Bush had declassified the NIE. What if Bush testified that he had not?
The Sun site seems to have been crashed by all the traffic … hopefully they will be able to rectify the situation soon!
But in the meantime, I find myself remembering Fitz’s news conference announcing Libby’s indictment, and his baseball/sand/umpire analogy re his ability to determine the “truth” - and wondering if THIS was what he was referring to…
Something smells.
Libby says Bush okayed this? Seriously?
Maybe I’ve so thoroughly bought into the Bush-is-too-stoooooopid-to-breath meme, but I highly doubt Bush is the architect of a leak like this.
I think there is a conquer and divide mentality on display here. Hopefully, Fitz will stay on top of it.
Christy — I’d been thinking all along Libby was protecting Cheyney, and the real split would come whenever things got too close to Rove. But now you’re saying he was protecting Dubya?
The double dealing of this crowd brings to mind all the great schemers of history. It’s like the Borgia’s have taken over our government.
the Preznit is live on TV again
And also Fitz’z curious statement “if” a law has been broken. Presumably, if the Pres did give permission to Cheney/Libby to release classified info, then that may be “legal” in that it is the President’s perogative to de-classify intelligence??? Am I way off base on this?
Of course, I meant divide and conquer (conquor?).
It smells like someone is getting desperate and the knives are starting to come out.
Rotten from crotch to crown.
poliscifi, imo, this is Libby’s version of what DeadEye Dick Cheney told him. Bush may very well deny it, because of course he is on film saying “if someone in my administration is leaking, I want to know about it…..”
Gosh I hope they play that clip over and over next to the one where Bush repeats, we never wire tap without a court order.
*ilson, thank you and shall do — after I read the rest of the postings here. You are a treasure and I seriously regret not being able to meet you this June.
My first thoughts were around: “is this why Bush is claiming extraordinary presidential powers around the NSA spying thing? To innoculate against what he must know is coming about his involvement in the Plame “leaks”?
And what’s this about, anyway?
On what basis can anyone make that claim?
“chicatto” thanks for the comment.
This sounds like Enron, the lawyers told us the “raptors” were fine.
*ilson46201 — Do you think Bush is bright enough to be involved in the cover-up?
More than bright enough in my opinion. One of the secrets to Bush’s success in politics is that people have always understimated him. He actually brags about this. He is not intelligent in the cerebral sense but he has a reptilian cunning that thrives in situations where getting the edge on an opponent is the name of the game.
Plus he has no compunction about playing dirty. Remember that famous shot of him playing soccer at Yale? He has a illegal headlock on an opposing player with one arm, and a fist directed to the player’s face with the other.
And don’t let’s get started about his business career. He was smart enough to get Prince Bandeer (as reputed by insiders) to buy out his worthless Harkin stock a few weeks before it tanked.
Folks, this is one smart feller we’re dealin’ with. You ignore that at your peril, as many have found.
I think the Libby testimony must be completely contradicted by the contemporaneous document evidence.
So, Fitz is left with testimony of Libby Cheney and Bush saying one thing “we declassified” and the testimony and documents of everyone else (and maybe even docs of POTUS, VP and Scooter) which contradict their testimony.
He can’t try POTUS and VPOTUS while they are in office, folks. Only Libby.
This makes the case for
DRUMROLL*************
Dual Impeachment.
Methinks our boy’s got the goods. He had no way of notifying Congress at tris juncture b/c of Rule 6(e) GJ secrecy requirements and because he had to sign executive secrecy agreements to view the national security stuff.
Those idiots on the Libby team made a record demanding that he be more explicit and stop filing stuff under seal. The Court just issued and opinion asking him nicely to try to avoid filing under seal (forgot to mention that above–didn’t realize the signifigance).
So, good cooperative obedient public servant that he is, our darling Fitz has just filed a chronology that lays out a case for impeachment and makes clear that there is evidence that backs it up.
The Pres. can grey mail Fitz, but not an impeachment court.
FREAKIN’ GENIUS!!!!
I love good lawyering. ANd right now, I love being a lawyer in America.
Doin’ the Happy Dance.
Oh Happy Day! But a happy day that enrages me from the top of my head to the soles of my feet. I am so completely disgusted with this preznit– he will sacrifice our national security for his murderous ambitions. He caused this family much grief indeed and I feel sorry for them. What bitter, bitter irony that while they were lying about WMD he ruined a devoted patriotic servant’s network that actually was working against real WMD. High crimes and misdemeanors indeed– I think a Constitutional impeachment is in order. Declassification of the NIE authorized by the two top goons that led to a horrific debacle– this has a stench about it that will take much sunlight to disinfect. Go Fitz and thank you Christy.
I think he was certainly involved, but how do you get him on the stand? Alone. With lots of light. No cute puppies roaming around. No helicopters in the background. Just him.
And the eyes of America.
Oh man…oh man.
Oregon Dave–Well the presumption is that the President has the authority to declassify documents- and that his authorization of the releas