
Am working on a breakdown of the complaint filed yesterday by Joe and Valerie Wilson against Dick Cheney, Scooter Libby, Karl Rove and John Does 1 through 10. There are a lot of bits and pieces to cover on this, and I want to be sure to hit them all for everyone, so I'm trying to be thorough.
Just remember, the words of the day are "poison pill." I'll explain more about why that is later.
In the meantime, just a reminder that there will be a press conference on the Wilson civil suit today at 10:00 am ET at the National Press Club. I'm not only going to be watching, but I'm going to live blog it as best I can for those of you who can't watch (for whatever reason). It's the least I can do...
Also, thought everyone would enjoy a round-up of the news articles and clips I've found on the subject this morning:
-- For your morning giggle, you have to check out The Daily Show clip on the Novak CYA Natural Reputation Enhancement Tour. Hilarious. (Thanks, C&L!)
-- The Globe and Mail had a short piece on the suit.
-- The Chicago Tribune has a bit more, including some information on Bivens suits (of which the Wilson's suit is one, in a number of aspects).
-- Here's the perspective of Reuters, Bloomberg (and what have they done to their news site?), AP via USAToday, the WaPo, and the NYTimes, to link but a few.
-- Mark Kleiman has some great thoughts on this, including:
...Our Wilson-bashing friends also don't seem to have thought through what's likely to happen in plaintiffs' discovery. Libby and Rove are going to have to answer the same questions in deposition they answered in front of the grand jury. Only this time it will be on the public record. And of course their ability to prevaricate is limited by the threat of perjury charges if the two stories don't match. In addition, Robert Novak is going to have to come clean, again in public, or face contempt charges.But that's not the best of it. Rove will be asked whether it's true, as Murry Waas reported, that GWB personally ordered him to reveal classified information in order to discredit Joseph Wilson. And when he says "yes," as he presumably will, plaintiffs will then have a strong basis for deposing Mr. Bush himself. [Yes, I'd rather "depose" him in the other sense of that term, but you take what you can get.]
Or they might just amend the complaint to name GWB as a defendant. (The Republicans may yet come to regret the Paula Jones precedent.) Either way, that deposition should be lots and lots of fun.
Footnote: The Waas story provides a possible explanation for the lack of any "substantive" indictment in the Plame case: Rove and Libby could have claimed that they were acting under orders, and that the Presidential instruction gave them reason to believe that any information released pursuant to it would not damage the national security, thus refuting the scienter required by the Espionage Act. Fitzgerald might well have concluded that he couldn't disprove that claim beyond reasonable doubt.
Interesting, no? The legal beagles have all been batting around a number of theories on why things have shaken out as they have -- and this one, I think, has some legs, and is worth some discussion and more thought. (I definitely welcome your thoughts on this. It's multi-dimensional chess, but it's awfully intriguing.) Also, Jeralyn has some great information at TalkLeft for your perusal. As does the Muck. And I'll be getting back to this later today, as I get time.
But for the moment, I'm going to grab another cuppa coffee, work on my suit analysis and try to eat some breakfast before the presser at 10 am ET. It's gonna be a busy day...on a scale of one to ten, how grumpy is Lynn Cheney this morning, do you think?
(This is the distillation of the whole case in one, fantastic cartoon, which was inked on 10/19/05. If you haven't checked out The Daily Scribble, get thee to the web page. This is some of the smartest, sassiest and spot-on editorial cartooning that I have ever seen. And it makes me laugh, even on dismal days. Well worth a browse -- for an hour or two...)
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FITZ!
Colbert!
The colbert thing was priceless
OT…..NEDRALINE!!!
CNN says they will be showing the Plame presser
Valerie and the twins (Doe1 & Doe2) !
CNN says they’ll cover the press conference live but CSpan3 will be complete and commercial-free …
i don’t have CSPAN 3 :( just lowly one and two.
twolf1 - you can stream cspan3 online
here twolf1
http://www.c-span.org/watch/cs.....p;Code=CS3
Wow, Christy — you’ve given so many good links to check out, it’ll take me all day to catch up! (That’s not a WAAAAH but a THANK YOU.)
Every day I keep thinking, “Today couldn’t possibly be newsier than yesterday,” and every day I’m wrong.
Can anyone post a link to the C-SPAN 3 video stream?
cool, thanks guys - with 6 minutes to spare.
John — here’s the C-Span link:
http://www.c-span.org/watch/cs.....8;Code=CS3
This is great stuff. It’s a little too early in the day for popcorn however.
CHS What’s the time frame for this case- Depositions, when? Trial, When?
Anything before the elections?
Did they (Rover, Libbey, Cheny)know this was coming?
Explanations for their actions last week, and is why NOVAK is on his tour right now. Trying to get out ahead of this?
Questions, questions, questions…. “may you live in interesting times”
I hope teh internets tubes running to my house don’t get tangled and interrupt the presser
Christy: Are you going to talk about the whole immunity and partial immunity thing?
Does the Paula Jones precedent apply since that alleged crime (not) was committed before Clinton took office?
Reposting this fromSusan UnPC:
My Little List of Minimal Requirements for My President
for later perusal
CSPAN 3 Wilsons live
yessssssssssss
so instead of airing the presser, CNN is having their own talking head talking over Wilson’s atty. Wankers.
I hope teh internets tubes running to my house don’t get tangled and interrupt the presser
Get offa mah lawn!
.
Thank jayzus for online CSPAN!
John King spewing Rove talking points to Loonbaughs EX heffa Kagan!
Our president is exhibiting his usual flair for leadership. Bush has told Lebanon’s leader he will “urge” Israel to go lite on civilians. Wow! Has this guy George got it… or what!? So, is this what it feels like to fiddle while the world burns? Reminds of England’s P.M. Neville Chamberlain’s appeasement approach to the Teutonic Nazi monsters in the run-up to W.W.II.
I’m watching the plame wilson press conference, and i do not mind saying that this makes me a little teary. “Ambassador Wilson has a right to speak out with out jeopardizing his wife.” Wow. . . Will the rest of the country see this??!??
turned off the teevee. too disgusted. YEAY toobz. span3 works.
Isn’t there going to assertions of executive privilege and immunity? I feel like this will fall in the areas of Harlow v. Fitzgerald? If GWB did actually authorize, they very well may have been protected. Help?
all the networks can run, the CorpoRat Owned Media is quaking.
“Will the rest of the country see this??!??”
Not if CNN can help it.
damn! Valerie is one hott babe!
First time I’ve heard her speak in public. She’s great.
Here’s a poison pill for Democrats.
A resolution that Defense corporations should build and maintain a series of Veteran’s hospitals nation wide.
short, sweet and oh, so effective.
wilson speaks to his awesome bona fides. perfect.
oops, wrong kind of poison pill.
hehe
Could I have some ice cream with my yellow cake?
Whew!
Kludge machine ‘reveived’ none too soon. FDL and CSPAN3 streaming now. (long anxious night of computing chaos…ala olde school Byte column by J. Pournelle “Chaos Manor”)
Go Amb. Wilson and ‘wife’. (Just kidding; LOVE Valerie Plame)
Go Ned! (gotta catchup latenight; argh!)
Go FDL!
Go Jane and Christy!
Go FDLegal dept.!
—
Kludge lurk mode on now.
(W/fingers crossed re:CPU ‘issues’)
all three cable networks carrying joe… guess everyone will see.
By the way, chop the head off a French royal today.
.
am i the only one crying? (sheez, I feel like such a fool!! :)
Again, that’s www.wilsonsupport.org.
Watching on CNN, damnit, why won’t the CNN “personalities” shut up and stop trying to justify their existence and let us listen to the press conference?
OMG Noron wearing her late nite downtown rags. What was she thinking?
nope, bonzarella, as far as I’m concerned, this is just like Fitzmas. Even better, because it’s Joe and Val themselves.
Plop, plop, Fitz., Fitz, are all the Fitzes fizzling. Could a lack fitztastic progress be in part responsible for the high flying Plames.
it has been a very lengthy, so far unproductive and frustrating Wait for Godot Fitzgerald.
http://www.ThankYouValerie.com also works …
Wilson on both CNN and MSNBC (I don’t even check FOX) Toobin this AM doing his best to destroy the suit before it even is described — claiming that since Valerie got 2 $1mil book deals, she has no damages.
OT, but on everyone’s minds — CSPAN-1 showing UN — not sure for how long.
Anybody think that this blow-up in the Middle East fits precisely into Darth’s plans to Nuke Iran?
Let’s see…..
*Hamas kidnaps Israeli soldier
*Israel responds with force
*Hezbollah (same Mosque, different row, only Hezbollah more directly tied to Iran), seeing the opening, move in from Southern Lebanon, killing and kidnapping more Israeli soldiers
*Israel bombed a military instillation very close to the Syrian border, yet in Lebanon
*25,000 Americans can’t get out of Beirut — no available airstrips in the whole country — ships have to get out of the Red Sea and into the Mediterranean (week, maybe)
*Hezbollah floats the idea of sending the Israeli soliders in their custody to…..surprise, surprise….IRAN!
And the U.S next move is……?
Noron’s mimicking Ann’s little black dress morning after look, RevDeb.
yep, zennurse –me, too. This is better than Fitzmas.
That’s why I think it’s so important that the country see their faces and hear their voices. They were both pithy and brilliant and made a confusing story clear, and they appealed to patriotism in a way that no effing flag burning amendment or war mongering can. At least that’s how I feel about it. . .
Do you think the VP is watching any of this ? I hope it gives him a pain in the chest.
I can’t get the CSPAN3 site to stream. Help?
I can’t stand how CNN and MSNBC are miscovering this important event.
Do you think Fitz is watching?
I do.
i imagine this is a 2 nitroglycerin (and boiled puppy with hashbrowns on the side) morning for Darth Cheney.
Steve Clark - darth isn’t watching it b/c Fox isnt carrying it no mo
And lotsa salt, bonzarella — don’t forget the lotsa salt.
presser over - new thread upstairs
Lets see who the THUGS trott out tonight to rebut.
Mary McCheney will lead the rabid pack of disgusting imbeciles.
And lotsa salt, bonzarella — don’t forget the lotsa salt.
Now I’m thirsty.
.
Oklahoma kiddo @ 25
…Wow! Has this guy George got it… or what!? So, is this what it feels like to fiddle while the world burns? Reminds of England’s P.M. Neville Chamberlain’s appeasement approach to the Teutonic Nazi monsters in the run-up to W.W.II.
Interesting trinity of Bush, Chamberlain and Nazi monsters. For the record there has been a revisionist historical analysis of Chamberlain’s appeasement at this time. The alternate and more probable explanation now getting traction is that Chamberlain was strategically buying time to arm Britain in preparation for a pending confrontation with Hitler. Chamberlain’s response to Peace in our time was to immediately start building Spitfire’s and Hurricane fighter planes among other defensive armaments.
Curiously, not enough historical attention is given to the people that facilitated and armed the Nazi’s to this point. People like George W’s grandfather Prescott Bush.
“History is written by the victors.”- Winston Churchill
The war continues…
Rove and Libby could have claimed that they were acting under orders, and that the Presidential instruction gave them reason to believe that any information released pursuant to it would not damage the national security, thus refuting the scienter
I don’t know about Rove, but in connection with the discussions of the NIE leak, I think the Spec. Pros. has allowed Team Libby to claim before the court that “only” the NIE info was authorized for release, not Valerie Wilson/Plame’s identity - CIA connection. I think if Libby had made the claim to the prosecutor at any time, GJ or later, that he was authorized to out Plame, the prosecutor would have put that forth. I may be misremembering, but I am pretty darn sure that outing Plame was specifically discussed, either in the arguments or the briefs, and the statements as to what Libby was authorized to release were limited to the NIE???
Kleiman says that there will not be any way for them to get to GJ info. If I understood correctly, Immanentize indicated there might be some access, if the GJ had been disseminated to others.
What do you think? If that does create a possiblity, then, for example, if Libby gets Rove’s GJ testimony, does that make it up for grabs to the Wilsons?
e says: “Isn’t there going to assertions of executive privilege and immunity?”
July 14th, 2006 at 7:06 am
http://en.wikipedia.org/wiki/U.....s_v._Nixon
After you click on the link I provided, you’ll see that this Supreme Court case (one of Watergate’s legacies) precluded assertion of executive privilege to conceal illegal conduct.
Mary at 62 — I think there are arguments pro and con on that, and to be honest, I’m still trying to figure out where the DC Circuit falls on those sorts of rulings. (Having never practiced in that circuit, I’m not certain if they are tight or loose with documents, but if I had to guess, I’d say likely fairly tight considering how many national security matters cases they likely handle in a given year…) It’s one of the issues I’m trying to nail down on this.
Fed. rule Crim Pro 6(e)(3)(E)(i) allows for disclosure of grand jury for use in connection with a judicial proceeding—application has to be made in the first instance to the court with custody of the grand jury transcripts/suprevison of grand jury—thre’s a balancing test re: need for use in judicial proceeding (eg the Wilson suit) with reason for secrecy in proceeding where gj testimony taken—if there has been disclosure already it is more likely to be later disclosure.
OT, but this is the best laugh I’ve had in ages. Happy Friday.
“Bush Loses Core Supporters…”
http://www.needlenose.com/node/view/3139
Discovery is a wonderful thing, y’know? :-)
Thanks Christy. I’ve never dealt with any crim or GJ matters and that is the most interesting part to me, but I know that EVERYONE wants answers on ALL kinds of things, so that’s just a “hey, if you find something, I’m interested” not a nudge. *g*
Mary and Christie
See Douglas Oil Co. of California v. Petrol Stops Northwest 99 SCt 1667 (1979) and cases therein
Just saw 65 - thanks loubarr. That is pretty much what Immanentize indicated too, so it surprised me for Kleiman to say flat out that it would not be available.
I’m thinking that if Fitzgerald has taken Rove “off the hook” he has also helped open the door, right before the statute expired, on the “need for secrecy” issue. And he has certainly made several references to there being evidence of conceted, coordinated efforts to discredit the Wilsons, which helps paper their “need” issues IMO.
It’ll be interesting to see what happens. Here’s hoping the case hangs on to get to discovery.
OT - But important
Guys, this Specter “compromise” is shaping up to be a giveaway to Bush.
GReenwald’s take;
http://glenngreenwald.blogspot.....ke-of.html
I know we’re defending/attacking on all fronts, but IMO this one is the biggest. Eavesdropping without oversight allows all kinds of foul-play. And we know these guys have no scruples. Imagine what could go on.
Urban Pirate
Glenn Greenwald’s piece on the Specter bill etc. is very good. He has some advice for the Democrats in Congress:
“With just the smallest amount of resolve and message discipline, they can easily convey that this is not a debate about whether to eavesdrop on Al Qaeda–everyone is for that–but is about whether George Bush should have the power to eavesdrop on Americans with no oversight, an awesome power which this country overwhelmingly decided 30 years ago, in the wake of decades of abuses, that we do not trust the President–any President–to have.”
pretty funny stuff going on now
the winguts are actually trying to use the who’s who entry to say wilson exposed his own wife
bizarre…in the entry, it says valery is his wife, that’s all it says, but the wing nuts are at it full force
I hope the presser is posted to download, I missed it