From page 45 of the Senate Select Committee of Intelligence (Prewar Intelligence):

“The former ambassador also told Committee staff that he was the source of a Washington Post article (”CIA Did Not Share Doubt on Iraq Data; Bush Used Report of Uranium Bid,” June 12, 2003) which said, “among the Envoy’s conclusions was that the documents may have been forged because ‘the dates were wrong and the names were wrong.’” Committee staff asked how the former ambassador could have come to the conclusion that the “dates were wrong and the names were wrong” when he had never seen the CIA reports and had no knowledge of what names and dates were in the reports. The former ambassador said that he may have “misspoken” to the reporter when he said he concluded the documents were “forged.” He also said he may have become confused about his own recollection after the International Atomic Energy Agency (IAEA) reported in March 2003 that the names and dates on the documents were not correct and may have thought he had seen the names himself. The former ambassador reiterated that he had been able to collect the names of the government officials which should have been on the documents. “

Something that has been bugging me for a while, who was the CIA contact that fed Cheney the information on Valerie? (p. 8, para. h) How high did they go? Was it Fleitz — or Tenet? That would be an interesting nugget to know, wouldn’t it?

Per Murray Waas:

Cheney told investigators that he had learned of Plame’s employment by the CIA and her potential role in her husband being sent to Niger by then-CIA director George Tenet, according to people familiar with Cheney’s interviews with the special prosecutor.

Tenet has told investigators that he had no specific recollection of discussing Plame or her role in her husband’s trip with Cheney, according to people with familiar with his statement to investigators.

Maybe Tenet remembers getting a Medal of Freedom but it doesn’t sound like he helped Fitzgerald much.

To Blank Kludge 55, a dismissal could be appealed to the DC Circuit, most but not all of which is solid for W.

To EmptyWheel 184, I don’t have current information, but as of 15 or so years ago the defendants defintely could team up. I worked about then on a case where we teamed with two other defendants, very uncomfortable because their counsel had different ethical standards. We went lowest common denominator, i.e., followed the lowest standards. The little experience I have suggests that teaming allows a vast amount of stuff to be covered up that otherwise would be subject to discovery. This may be outdated, however.

Bolling v. Sharpe

a) Though the Fifth Amendment does not contain an equal protection clause, as does the Fourteenth Amendment, which applies only to the States, the concepts of equal protection and due process are not mutually exclusive. P. 499.

Could you address the issue of presidential pardons in civil cases? My understanding is that there is no such thing.

Could you also address what the bases for dismissal could be and how the plaintiffs might argue against that?

Despite your lack of federal civil experience we will be relying on you for your analysis.

As always, FDL (and emptywheel) will be the go-to sources for analysis in this case.