
Judge Reggie Walton issued a Memorandum Opinion in the Libby case on November 13th, after multiple filings and arguments on the issues involved form both sides of the Libby case. The AP has the story that just about every news organization is running with this week — but the reporter, Matt Apuzzo, is not a careful reader of legal documents. So I wanted to take some time this morning to parse the judge's opinion (PDF) for everyone. (And a huge H/T to reader Stephen Parrish for the link to the opinion in the public docs area. Bonus — you get to read along!)
As per usual, the real meat of the opinion is found in a footnote — this time early on in the opinion. In footnote 2, Judge Walton lays the groundwork for Patrick Fitzgerald to follow in re-drafting his proposed substitutions for classified material for Libby to use in preparation for trial and, potentially, during trial (PDF):
In light of this ruling, the government has gone back to the drawing board to assess whether new substitutions can be devised that comply with the requirements of Section 6(c) [of CIPA]. Hopefully, this opinion will provide guidance as to what the Court will sanction. (fn. 2, p. 2)
And it does. The judge very carefully lays out what is and is not required, what he is looking for in terms of balancing the defendant's right to a fair trial and the government's need to protect national security information.
Section 6(c) of CIPA is outlined in full in Judge Walton's ruling (PDF), and requires, in pertinent part, that a substitution for any classified information be "a statement admitting relevant facts that the specific information would tend to prove" or "a summary of the specified classified information." (See 18 USC App. III, Sec. 6(c).)
What Fitzgerald has done, thus far, is to put together a combination of the two, according to his most recent filings, the filings of Team Libby in response, and the judge's opinion. The proposed substitutions and admissions of fact are not, however, sufficient according to Judge Walton. This is because they meet what the Judge deems the "quantitative" component of the Libby defense — i.e. he'll be able to show that he was a very busy guy at the office — but that they fail in the "qualitative" portion — i.e. Fitz had drawn the information so narrowly that the nature of the job wasn't ascertainable.
Because Libby is attempting to use a memory defense that relies not just on the high volume of work, but also the sometimes catastrophic nature of the information with which he had to deal as Cheney's national security advisor, the Judge feels — and I think, rightly so — that some evidence ought to be provided on the subjects of his day to day work during the particular times in question. And that is do-able for Fitzgerald, it will simply require very careful drafting of the responses and summaries so that some quantitative information is provided in summary form, without giving away the whole of the national security information contained therein.
It is painstaking, meticulous work, and no doubt something that Fitzgerald has had to face in previous national security cases that he has prosecuted. But, as Team Libby is no doubt aware, Fitzgerald's staff is quite small, part-time, and not able to devote substantial man-hours in and around the next few weeks because of their regular duties. So much of this work will likely fall on the government's team over the holidays as they rush through a second evaluation of what can and cannot be disseminated, and in what form.
What is very interesting in the opinion, though, is a description of Scooter's proposed defense strategy on p. 12:
…Rather, he contends that at the time of various critical dates and thereafter during the time before he spoke to the FBI agents and testified before the grand jury, he was consumed with matter of such importance to the security of this nation that any mistakes he may have made in remembering his earlier conversations with the various news reporters were inadvertent and not the product of willful disinformation. As to this aspect of the defense, other than the classified information the defendant seeks to introduce, he has no other evidence in his arsenal to present this proposition to the jury.
This says two things to me: (1) Judge Walton, like every other judge that I have ever known, does not enjoy being reversed on appeal and is going to make certain that every ruling on evidence is solidly grounded in fairness principles as well as precedents; and (2) Scooter's defense is really weak if he's dependent on evidence from the government to make his defense work.
Because The Peanut has been ill, I have not yet finished my review of all the filings that have happened over the last few weeks. The election coverage got me sidetracked and behind from my Libby/Fitz analysis, and I'm going to try and finish getting caught up tomorrow. Meanwhile, both Jeralyn and Emptywheel have some great analysis, and it's worth going through both of their thoughts on the case as well while you are waiting for the next installment here.
(Kabuki Scooter courtesy of Laniels.org.)




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Peanut !!
ouch – that image….
So Scoots was REAL busy- and had LOTS of stress- so of course he lied.
I think we can stipulate to that?
Gang — I want to put together a list of great places to purchase holiday gifts/gift donations/etc. for this weekend’s Pull Up A Chair. If anyone has favorite charity gifts, places you can buy products where some of the proceeds go to a worthy cause…anything like that…and you want to send me a link, I’d really appreciate it. I’m putting together some of my own, but I’d love suggestions from all of you. Thought this might be useful for everyone with the present-buying season approaching.
Great fucking photo!
EEEEYYAAAAGGGHHH!!!!
“Secrets and Lies” happens to be one of my favorite movies. In other news, and there is more at the link…:
Coffey President Once Again Despite Five Dems’ Departure
By Lauren Garrison
Article Launched:11/16/2006 12:02:25 PM EST
Five of the 10 Democrats on the Common Council chose to boycott the annual election for council president on Tuesday.
Standing outside City Hall shortly after the council’s meeting, Republican Mayor Richard Moccia likened the event to a science-fiction movie: “The Amazing Disappearing Council.”
The meeting, which began with a full complement, ended with President Michael Coffey, D-At Large, and Majority Leader Carvin Hilliard, D-District B, unanimously re-elected to second terms by the council members who remained. According to Coffey, the Republicans and the Democrats each held a caucus election in private chambers prior to the meeting. Afterward, Democratic council members William Krummel and Gwen Briggs, both of District E, and Kevin Poruban, Douglas Sutton and Matthew Miklave, all At Large, departed.
“I have no idea why they left,” Coffey insisted repeatedly after the meeting.
Others, however, had no doubts.
“Some members of the party wanted to punish Mike Coffey and Carvin Hilliard for their decision to back [U.S. Sen. Joseph] Lieberman [in the recent election],” David Watts, who was in the audience, explained after the meeting. Watts is a member of the Democratic Town Committee and was a campaign manager for former Mayor Alex Knopp.
Watts expressed his disapproval of the actions of the dissenters. “It’s outrageous that they’d show up, then refuse to stay and do their duty,” he said. Those who left missed not only the election, but the rest of the regular council meeting as well, which included votes on unrelated matters. “At a local level, voters don’t want partisanship,” Watts said. “They want people to work together to try to find solutions.”
According to Watts, the dissenters, who supported the Democratic Party’s nominee for the Senate, Ned Lamont, over Lieberman, who ran as an independent, favored electing Krummel as the new council president and Poruban as the majority leader. But during the caucus, they realized that they would not have enough votes to bring Krummel and Poruban to office, he said. Rather than vote and lose, they simply left.
http://www.norwalkcitizen-news…..ci_4670745
http://www.norwalkcitizen-news…..ci_4670745
Fitz!
(and peanut!)
Sorry for the OT above Christy, but I thought it was pretty good.
Can the Democratic Congress challenge the manpower W’s DoJ has assigned to this case? Is there a way to increase the funding to the Fitzgerald operation, particularly given Barbara Comstock’s bottomless well of Scooter’s defense funding? Why wouldn’t there be money available to enable Fitz and his team to go full-time to prep for the trial?
TeddySanFran @ 9
silly Teddy – that would be politicizing the matter, and we all know that would be a first… :~)
If Hoyer is against Net Nutrality then we need a petition started now to send to “our own” party. If they lose the vote I will never vote for one of them again, and will teach my kids the same.
Grammar police:
This says two things to me: (1) Judge Walton, like every other judge that I have eve know
Should be …that I have ever known.
[Mod note; thanks for the heads up. Typos fixed.]
Tangential topic
“Justice Department attorneys acting on behalf of Vice President Dick Cheney, White House Political Adviser Karl Rove, and other officials, filed a motion in federal court Tuesday seeking the dismissal of a civil lawsuit filed against them earlier this year by the Wilsons, claiming Cheney, his former chief of staff I. Lewis “Scooter” Libby, Rove, and other unnamed defendants conspired to destroy Valerie Wilson’s career and violated Ambassador Wilson’s civil rights”
Is there a link for contributions to the Wilson’s legal fund?
If anyone wants to register disgust with CNN/Headline News for their use of race and religion baiting and open warmongering by Glenn Blech you can follow the link and send an e-mail.
If you haven’t heard, he accused newly elected Democrat Ellison, a Muslim of, in effect, being an Al Qaeda sypathizer.
Headline News/Beck e-mail form.
-GSD
ref prevthread: Grandma’s certainly stolen the news cycle from lameduck W traveling in Asia with her “divisive” “personal” leadership team fight, eh? Maybe Novakula’s right, maybe she is a diva! heh
Or, perhaps, “Who I have ever known”.
Jonathan Alter on MSNBC calls the GOP “porkmeisters,” corrects himself and includes the Dems “twelve years ago.”
TeddySanFran @ 15
I was thinking some of the same. Who says that we can’t play some Machiavelli right back at these jamokes.
-GSD
Great post, two questions
1)Why is only Matt from AP following this most
important event of 2007?
Where are the MSM?
2) We need to “name” Libby’s attempt, it is more than just memory defense but as you say
the catastrophic nature of the information
defense… is there precedent for this argument
like “the end of the world” defense?
They were dealing with such super-human and momentous events that caused them such confusion that they fucking lied… a jury would buy this bullshit!
Jack
GSD
Link?
Christy Hardin Smith @
4
Where to begin?
ARGHAND Afghani soaps http://www.arghand.org/
AnySoldier, of course http://www.anysoldier.com
Heifer International http://www.heifer.org.za/
Link for CNN/Headline News is on the post.
-GSD
TeddySanFran @
15
Bullseye!
GSD–I meant a link to the original story.
rwcole @ 16
I think technically it would be “whom”. “That” is in common usage, however.
Here’s the link to C & L that has video of Blech saying that Ellison needs to prove why he “isn’t working for Al Qaeda.”
CNN loves the hate-mongers.
-GSD
Off topic – breaking news from MSNBC
Nobel Prize-winning economist Milton Friedman has died, paper reports
Milton Friedman dead? Now goopers can misquote him with impunity.
MSNBC will be covering a statement from Speaker-elect Nancy Pelosi very soon. Please stay tuned.
“not a good day for Nancy Pelosi” — lady Dem strategist on MSNBC.
clueless.
GSD
Thanks. Here’s the official summary from GSD’s post:
On the November 14 edition of his CNN Headline News program, Glenn Beck interviewed Rep.-elect Keith Ellison (D-MN), who became the first Muslim ever elected to Congress on November 7, and asked Ellison if he could “have five minutes here where we’re just politically incorrect and I play the cards up on the table.” After Ellison agreed, Beck said: “I have been nervous about this interview with you, because what I feel like saying is, ‘Sir, prove to me that you are not working with our enemies.’ ” Beck added: “I’m not accusing you of being an enemy, but that’s the way I feel, and I think a lot of Americans will feel that way.”
Teddy at 30 — They hired her because she is clueless. SIGH
GSD @ 14
And for his troubles, he got to be KO’s worst person in the world yesterday.
(2) Scooter’s defense is really weak if he’s dependent on evidence from the government to make his defense work.
Well, perhaps someone can refresh my memory, but I don’t recall any huge national security crises during the time Libby was leaking about Plame, or when he lied about it — unless you count “people are figuring out that we lied about WMDs” as a “national security crisis”.
(heck, IIRC, when Libby was talking about Plame, the US was riding high — right around the time of “mission accomplished”.)
GSD
Journalists commonly give interviewees an opportunity to respond to “what the world might be thinking about you” and it’s actually a courtesy. This may be a little over the line though.
Actually, I am thinking the Speaker is not down for the count. These Demos are making it difficult. I do NOT want the DLC or Hillary in charge. Damn it all. Satus quo is not what I voted for!
correct me if i’m wrong, but in the space of a few weeks aren’t there something like 6 or 7 different individuals, both reporters and admin officials (that we know of) that libby talked to about valerie plame, and in some cased instigated the conversations? it would be one thing if he was claiming that he forgot or “misrememberd” one or two of them because, well the world was coming to an end that day and all, but when you line them up together in a row does the defense really think that any halfway intelligent juror is going to see the scoots as anything other than a big fat liar?
Scoots is still tryin to push the right buttons to get three horseshoes ta come up on his one armed bandit. He needs to get the judge to agree that certain info is crucial to his defense and to get the govt. to refuse to release it- then BINGO!!!
Jeesh, first wingnut Helen Chenowith in Idaho dies, then the Republican Party leadership in Washington is massacred and now the spirtual guru of the Grover Norquist wing of right-wing Republicanism cashes it in.
Must be a sign.
-GSD
Oklakiddo – status quo on Iraq is what Hoyer and Rahm want to achieve. They will both buck Pelosi on any attempts to investigate this war.
Don’t think they can shut down Conyers or Waxman, but we shall see. Charlie Rangel voting for Hoyer is sad. But that is just me.
Another slap at what the grassroots want and what the D.C.ers want.
OK at 36 — trust me when I say that Pelosi knows what she is doing, and that Steny has not been very successful with the undermining if we all know about it. Leave the wringing of hands to the media — it’s what they are good at — we just won a huge election victory, took back complete control of Congress and we’re about to make George Bush miserable for the next two years. In my mind, that’s celebratory.
found it – answering my own question
hpschd @ 13
Donate for Justice The Joseph and Valerie Wilson Legal Support Trust
NICE!!!!
I was WONDERING if all teh fitzster had to do was grant the point to go forward
very nice
Christy at 41 – O.K. It is time to stop grumbling. [note to self - let it go, let it go, but please Mr. Murtha, keep talking out loud about Iraq, please]
e.c. at 37 — that would be correct. It’s a whole series of behavior that is going to be very, very difficult to sweep under the rug. It’s one thing to make a mistake once. It’s another thing to do so with the FBI twice and in front of the Grand Jury twice, while under oath. We don’t know the exact number of mistatements, either — just that they were made on those occasions. The defense hope is to confuse the jury with a lot of extraneous crap and hopefully raise enough questions to raise the spectre of reasonable doubt. It’s tough to do that when all you have is wispy bits to try and weave together, and that’s what it sounds liek they have after reading the entire memorandum opinion. I’ll hopefully get time for more on that tomorrow.
Oklahoma kiddo @ 36
Hear! Hear! And all the *non* Dems who voted Dem this round, some at my urging, what of them? And they are asking me… about Iraq, about impeachment, about the environment, about NAFTA, about corruption, about Net Neutality. A *strong statement* would be very welcome, I do believe. Maybe it’a just the media reports, but it sure looks like nothing much has changed.
HotFLash at 46 — it’s the media reports. I know what is on the proposed agenda for January, and I think you guys are going to be pleased. :)
A forgetful plea
As a bear caged childrens skin
Turns lies milky white
;>)
Christy – thanks for the Plame fix, amidst all the rest
Been waiting for this essay for days, Christy. But gotta go to work. I can’t wait to read it later.
Thinking of you little peanut!
Redd- thanks for the great words of sanity.
p. lukasiak @ 9:39 am and e.c. @ 9:41 am -
How does Scooter explain the copious notes he kept at that time?
I can’t imagine the Scoots REALLY thinks that the “faulty memory” defense- or the “I was REALLY busy defense” is goin to result in a not guilty verdict. He’s still tryin to keep the trial from happening AT ALL–he was given five million or so of gooper dollars to give it his best shot and ta keep Clusterfuck from havin ta use one of his “get out of jail free” cards.
I just heard Nancy’s speech and I’m proud to be
a Democrat… We are not a “rubberstamp” party,
many voices will be heard…
I can just imagine the sly remarks from Tony
Snowjob and the bunch of bankrupt Repugs.
How does David Gregory put up with that
arrogant Bush? Patience
Jack
I find it annoying that Hoyer just beat out Murtha for Majority Leader. Murtha would have put a strong face on the Dems Iraq policy, which would have gone a long way towards defusing the GOP’s what’s your plan tactics. Another point is that on this mornings Washington Journal, the host read a blurb from a newspaper article(I don’t remember which paper)saying that Hoyer wanted to create a democratic K-street project. That is the last thing we need if we want to clean up congress.
Stephen Parrish, CPA @ 52
Yes. If the FBI had questions for me and I had notes, I would certainly want to review them to refresh my memory, unless I had something to hide.
On Topic: what a great picture!
Off: Sorry, it’s really last thread but I just got here and the discussion seems to have continued.
I think Speaker Pelosi actually comes out of this race very well. Inside the caucus–which is all that really matters here–I think her credibility was not staked on Murtha winning, but only on her being seen as doing everything she could for him.
Last year, when the Dems wanted to start making noise about getting out, Pelosi decided Murtha should go out in front, and she and other members should follow a few weeks later. She thought that otherwise the media would treat him as the “token hawk.” She put Murtha out on a limb. In fact, I think most netroots ire towards Pelosi stemmed from this episode–when she was slow to back him. The slowness was intentional, but it left Murtha out there alone.
If Pelosi ever wants someone to go out on a limb for her again, she needs to be able to say that she pays her debts. That she worked her tail off to get Murtha the ML job after he agreed to run out in front of the caucus and draw fire.
It was much more important to her credibility inside the caucus to publicly wade in and back Murtha, than it was to actually win. Now she can credibly blame the caucus that Murtha’s not ML. There will be no whispering that Murtha went out for her and she didn’t support him completely in return. Her word is good.
rwcole @ 51
yeah. some of us are really HOYER: “hanging on your every
wordreading”OT – Kos says Rahm wants to bury the hatchet with Dean. Think Grandma told Rahm to “play nice”?
punaise @ 58
yeah. some of us are really HOYER: “hanging on your every word”
707!
Prof Foland at 57 — actually, that isn’t quite right. Murtha wanted to be out on the limb intentionally, because having a lot of the more liberal members backing him would have muted the message. It was his call, in concert with Pelosi — not her call alone.
MayDaze @ 59
Where? In his back?
punaise @ 58
oops, that would be HOYEW. stupid internets.
Prof
Agree. Pelosi’s job is to keep the dems together when it becomes “voting time”. Not on every vote of course, sometimes she has to let em vote their conscience (yikes). On the important votes though- she needs to be able to use carrots and sticks to keep em in line- and she just proved that she does what she says she will. VERY IMPORTANT.
I think that most of the fears about the majority leader position are overblown. It matters less what the ideology of the person is- and much more what the skills are. It’s a “round em up- head em out” job.
I flipped over to MSNBC and the talking heads were using the Majority leader fight to say that the Dems were self-destructing before they even take over. Liberal bias my ass.
Standing ovations for Lieberman, discreditations of Dean, Hoyer winning the Leadership…the money people are twisting the thumbscrews like maaaaaaaad.
this is funny:
The media guys are doin “make up calls”.
The goopers have just suffered a gut wrenching, life threatening, totally humiliating defeat- and the media has to report it- so now they’ve got ta find some little thing that looks embarassing to the dems to show that they’re “impartial”.
Fuckin stupid!
rw at 68 — BING-O!
Feingold is great on MSNBC at the moment.
Oh I know full well the Speaker elect knows what the hell is cooking. This individual has been around the block and realizes the score. It’s not Pelosi that concerns me. It’s some so-called Democrats that are bothersome. And American soldiers. And more. But obviously the fight continues.
RH–correction accepted, I’m willing to bet you’ve got better sources than the public things I read; though either way Speaker Pelosi has to been seen as standing up for him.
And can we please stop calling her grandma? Not only is it disrespectful, it’s…well, I’ll save the other reason until the whole Armani flap blows over.
Redd- Thanks- well I was WIDE open an I just took a little jump shot!
Christy Hardin Smith @ 70
if there’s no u tube I would love to see a transcript
Prof- Now ya got me wonderin about the OTHER reason—Paris fashion season?
good point about scoots and the “notes.” isn’t that basically how rove pulled himself out of the fire, by “re-remembering” after the memos came to light. if libby really does have such a bad memory, then what is his defense against not having gone through his own notes on the subject prior to his various statements/testimony? even if you give him the “i forgot” pass on the first time he was asked about it, he had plenty of chances and resources to help him remember. i realize that the filings and motions are just a way to distract from the basic core of the case, i just wish the media wasn’t so easily led astray.
Helpless Dancer @ 65
NPR this morning covered the Maj. Leader story with one guest commenter – from the ultra-right American Enterprise Institute.
(The AEI is the mothership for the corporations that purchased government from the Rethugs and DLC).
The AEI guest was most concerned that electing Murtha would cause problems about… corruption.
I defer to the AEI’s mastery of the subject – they’ve been immersed in corruption for decades.
Hearing NPR give AEI
a prominentthe sole guest voice on the Dems’ leadership debate was telling.NPR really has become Nice Polite Republican radio.
Hmm – does the Congressional Leadership nominate any of the CPB members? Can the Congress remove CPB board members?
Yeah some of NPR’s attempts to placate the gooper’s demands for “balance” are pathetic and disgusting- but goopers control about 15% of their revenue stream. I’d love to see NPR say “fuck ya and he horse ya rode in on”. They could make up the govt. revenue I believe.
Great radio- but chicken shit management.
Prof Foland, I note your request regarding my nickname for my Congresswoman. I implemented “Grandma” to be apposite “Scary.” You may be right — perhaps we’ve moved beyond that “scary” appellation.
Here’s my proposal — I’ll call her Congresswoman, unless and until the GOPers call her scary. In January, I’ll call her Speaker. But, in the meantime:
http://sfgate.com/cgi-bin/blog…..y_id=10907
Christy Hardin Smith @ 47
Thanks, Christy, I very much look forward to being pleased! I know I grumble about this stuff a lot, but I feel like a child in a Victorian marriage. It seems there is always something that can’t be discussed in front of the children. And it’s not always the media’s fault, we really have been lied to or at least misled by Dems recently, eg, opposition (or lack thereof) to Military Comissions Act (my senator voted for it, mine! Stabenow), censure for JLieberman running as independent, on and on. As it is Congress’ duty to oversee the Exec branch, it is ours = *mine* to ask Congess what it is doing. I can’t sit down and shut up until I’m *sure*.
The media doesn’t yet believe that the wicked witch is really dead. They come out of their holes and say “the dems beat the goopers” and then go back in and hide- cause they expect somethin bad to happen to em for tellin the truth.
It may take months before they actually regain their ability to tell the truth without flinching.
TSF – how long till the goopers resort to “Pelosifer”?
rw at 81 — I call it “battered press syndrome.”
OfT: Noron sez Carville yapped [my word] again today about Dean. Is that so? Or is she recycling yesterday’s news?
kirk murphy @ 77
IRC appointment to the board is a privilege of the executive branch. The last appointment lead to things like hiring some guy to rate liberal bias in the programing. Wasn’t he forced to resign? They say that memory is the first thing to go.
“battered press syndrome”
PERFECT!!!!
e.c. @
76
Let’s look at Scooter’s memory defense from another angle: if he were so busy dealing with national security matters, how did he find the time to write notes about the Wilsons?
Christy – to what extent can Scooter’s notes about the Wilsons be admitted as evidence? Even if his notes are inculpatory, can they be used to refute Scooter’s assertions about (1) his faulty memory and/or (2) his busy schedule?
PS Thanx for the Fitz fix, RH!
For the Holidays? Since you asked…
If by chance you’ve enjoyed my music, and feel that a street musician caring full time for a disabled spouse is a worthy Holiday cause, donations to my “Virtual Guitar Case” would be greatly appreciated.
A True Story of the Holidays
Celebrating and being pissed-off at the same time? For me; no problimo.
rwcole @ 81
..if ever.
Redd —-BPS
Nothin but net!
rwcole @ 92
from beyond the arc.
Let Pelosi be Pelosi! Demos.
Helpless Dancer @ 33
Yesterday I commented on my perception of Fox pushing a racist agenda/subtext with their programming of “Cops” and the upcoming O.J. “Confession.” Now CNN/Beck piles on. Can Rush-the-junkie and the shrieking harpies be far behind?
Prairie Sunshine @ 95
God, I hate “Cops”. My view of the show is that it is a means of getting people accustomed to the idea of having their civil rights violated.
P.S. Preview is my friend.
rwcole @
28
How many Friedmans old was he?
So the press is doin their obligatory coverage of the dem leadership elections- and many are predicting vile and disgusting problems fer dems based on their “deep divisions” and other assorted bullshit.
This is event coverage journalism- in which ya don’t have to have a nose for a story or even any common sense to cover it- ya just show up- someone tells ya where.
But this story has a short shelf life- in fact it’s all over NOW. Now someone is goin to face up to the real story- the divisions inside the gooper party —you know— the story about the party who wants to EAT it’s own president.
That one’s a little more complicated—and —well– sensitive–but it’s a LOT more interesting…
Find ONE FUCKIN gooper who is willing to stand up and embrace Clusterfuck without criticism!!
Christy Hardin Smith @ 41
Exactly, Christy–and those governorships and increases in leges. This was a stellar year for Dems, and we can build on it. Entirely too much fear of success evidenced today. Speaker Pelosi will do just fine. [and I can’t resist noting that Senator Boxer seems to’ve adopted the Pelosi pearls. Black and white together on one strand…love it.]
Thanks, also, for the terrific Plame updating.
rw at 98 — well, the fact that there are three — count them, THREE — people running for the GOP minority leader-elect position ought to be equal news. There are two people challenging Boehner at the moment. But do you see “deep divisions in GOP after big losses”? Nope.
Helpless Dancer @ 65
I just hope that the Dem pundits throw that right back in their faces: “That sounds like wishful thinking to me. Are you wishing it? Have you picked a side? Who are the people talking that you overheard say this? Don’t give that ’some people’ kabuki”.
We must attack their assumptions, we shouldn’t play on their home field.
And, please, let’s get some smart Dems into TV, more Cliff and less Donna.
did someone say “Cops“?:
“Whacha gonna do when they come for you…”
You can tell that the dems are on the ascendency—they’re tryin ta kill each other again. It’s always a good sign with dems.
Stephen at 87 — I’d say quite of bit of them, because it would be contemporaneous evidence of state of mind for him. But I haven’t seen enough information on exactly what there was, so it’s tough to say without there being a transcript on motions arguments on them and such. That will likely come up within the next month.
Punaise- great song- somethin ta sing to yer kids when they take too many cookies.
Oh, and RW, I forgot to ask how golf went yesterday? Did you have a good round?
Best way to handle the press question about “divisions in the party”
Yeah Mortimer–we disagree about things- ain’t it great? We call if fuckin DEMOCRACY!
Jeffrey at 100
Donna’s become another GOP apoligist-shill, IMHO. If I recall correctly when her hometown was Katrina’ed she was on TV praising the W.
Balrog @ 97
That would be exactly ONE Friedman.*
*Milton
REDD—Oops= sorry to say- no. I gave money to goopers (humiliating).
jeffreyw @ 101
TV as it stands right now doesn’t want smart Dems. It wants Dems who won’t fire back when confronted with outrageous winger bullshit.
HotFlash at 80 — a lot of the “behind the scenes” crap is because the media and the other side spend so much time whipping everything into a frenzy before the facts can get out. So everyone is very careful about tossing stuff up in the air these days. It’s incredibly annoying. It ought to be that facts are facts — but not with the GOP “we make our own reality” mentality these days.
rw at 110 — well, they had a bad week, so let’s call it you being charitable. ;-)
Redd–Yeah- they had a VERY bad week. I don’t think my money is enough to cheer em up.. they have spike marks on their upper lips.
why try for fair news coverage when you can just purchase it?
GOP presidential hopeful Mitt Romney buys ClearChannel
I have the cutest squirrel poaching peanuts from underneath my birdfeeder at the moment. :)
GSD @ 14
He’s a righteous dude from the great state of Minnesota. They’re just mad becouse he knows how to punk a repuglican; here’s from Huffpo if someone hasn’t linked already!
salon.com:
Accountability!
“* What will life be like with oversight? We’ve just gone through not only six years of congressional obedience, but six years of ignorance. Congressional oversight has historically put enormous amounts of important, otherwise secret information into the public domain — about the government and the private sector alike. If you think bloggers have been a potent political force thus far — just wait until oversight gives them better material to work with.” (emphasis mine)
Froomkin rocks, as usual. Linkypoo here:
http://www.washingtonpost.com/…..00879.html
Punaise
That’s convenient!!!Makes press releases a lot easier!!!
That’s what we need- a president with his own fuckin media network!!
Romney’s probably goin ta be the guy–these other hacks won’t make it past the primaries.
Watch for a sleeper from the dem side too- a governor.
mc at 119 — ooh, yay, Froomkin!
rwcole @ 75
Let’s just say my other reason is extremely shallow :)
Christy, how is Peanut feeling? My peanut is home today with a cold and fever too, and she gets nasty when she’s sick.
What’s your prediction for the Backyard Brawl tonight? Will the ‘Neers get over on the Pittsburgh Wannstaches?
Redd–I’ve got a road runner rippin up my backyard–touche.
Christy Hardin Smith @ 121
Yes, yay cool. *g*
Twisted at 123 — she’s feeling a little better, her fever is down, but we are both having “tummy trouble” today. (I’ll spare you the details.) She’s down for a nap at the moment, and I may conk out for a little bit as well in a little while. It’s been a rough couple of days at our house. I only got to the Libby stuff today by having the print-offs of the legal docs ready to read in bed last night. :)
Professor Foland @ 122
It’s okay, I’ve got a crush on her, too. ;-)
Sorry OT (but there was crickets downstairs)
My take is that in selecting Hoyer, the Dems want to ride the Iraq war gravy train for a couple of years. This means they want to swing support back from the repugs from the defense lobbies and AIPAC. The wisdom may be that can do this because the Iraq war is rightfully a Bush problem, so there is no need to end it soon, and further, they will get a free pass by pursuing repugs ethical lapses (Abramoff, Foley, etc).
This is misquided. The press will turn the Iraq war into a Democratic congress problem faster than they think. Like, it has already begun to happen.
Oh, and WVU is going to KICK ASS tonight. Ahem. *g* Not that I’m prejudiced in their favor, or anything. You never know with the Backyard Brawl, but I have a feeling we’ll do well. Frankly, it’s only a good season if we kick the shit out of Pitt. (And I’m sure they say the reverse about WVU, if folks that I know who are Pitt grads are any example of that…)
new thread: Swopa’s in the house
From Foomkin:
I would say a ruse. He just sent up a really offensive bunch of judical appointments and then there is Bolton.
kemo at 128 — or, it could be as simple as, Hoyer has good management skills and built up a lot of chits campaigning for people the past few years.
Christy Hardin Smith @ 116
The wife escorted the dogs out for a run the other day, they had been quivering with indignation while they watched some squirrels gather walnuts, and when she came back she was quivering herself; she had walked right up to a bobcat. She said the dogs went apeshit at the end of a small field and when she investigated she was greeted with a snarl from the wildcat.
“It was only, like, ten feet away” she cried!
In later tellings of her close brush the distance was down to three feet. In her memoirs she will be describing an attack, I guess.
kirk murphy @ 77
Christy Hardin Smith @
116
omg — not peanut??
oh, sorry, missed the plural! we have very aggressive squirrels in Golden Gate Park, and I imagined their West Virginia cousins were even more so!
Christy Hardin Smith @
121
yesterday’s, though, and he’s on hiatus til after Thanksgiving now, I think.
Biodun @ 134
Hope the Peanut feels better soon. Earache again?
Christy Hardin Smith @ 132
Redd, I hope I am wrong. If there is a draw down in the next six months, I will throw in $100 to FDL ;-)
Interesting picture, but Paul Stanley hasn’t aged well at all…
GSD @
26
Can the Bush Republicans prove they aren’t working for (or with) Al Qaeda?
Naive, non-lawyerly question for Christy or whomever:
Do the the feds (e.g. Fitz et al) ever (or are they allowed to) accept volunteer help for some of the “painstaking, meticulous work” from outiside lawyers who may have time on their hands (assuming, in this case I presume, that they have the necessary security clearances)?
Minnesotachuck @ 142
I don’t see how. There are rules against disclosing Grand Jury material as well. It’s not the payment of salasy that is the issue. An outside lawyer —if they had the right clearances and signed the required Executive Agreements– could do the work– that person would have to be appointed a Special Assistant US Attorney by the Attorney General or could possibly be be appointed a special assisatant special prosecutor by Fitz (there is no precident for doing things procedurally the way Comey set this up–so no one really knows the answer)
The reall problem would be having the right clearances and having them be current. It would have to involve someone who was very high up the food chain at DOJ or one of the US Attorney’s Offices, who was doing national security work, who only very very recently left the government, who has a day job that will allow that person to just take off for weeks, Oh–and who does nt have a conflict of interest either from prior work at DOJ or by virtue of current employment.
Where you gonna find someone who fits that profile? Clearances on the level Fitz needs take months or years to get and expire in a short time if not renewed.
Somebody up thread asked why more $ could not be found to allow Fitz to staffup
It’s not $, he can spend whatever he needs to (though he has been fabuloulsy frugal with the public fisc).
It’s the people. There are only a tiny handleful of people on the planet who have the right combination of clearances, experience and availibilty to do this case. it would take a long time for someone to come in at tis late date and “read in” on the file and gain sufficient fmailiarity with the file’s contenets to do such painstaking work.
Nope, it’s a miserable Thanksgiving/ christmas season for Team Fitz.
I don’t think (based onthe public information) that Team Irving can win this case. What they have succeeded in doing, with ruthless efficiency, is to make this case as grinding and physically exhausting and mentally tediuos as they possiblity could for the prosecution and, to a lesser extent, for the judge and his chambers staff.
Christy –
Note that Judge Walton actually vacated his November 13th Opinion in an Order filed today, November 15th (he says it wasn’t clearly written). I’ve got a longer analysis of today’s filings I’ll post in a current thread, for anyone who’s interested. [Things are moving fast and furiously this week in the CIPA process, but it’s damned hard to figure out who’s got the upper hand because of all the sealed filings.]
Er, excuse me, make that “today, November 16th” (in my comment above about when the Monday Opinion was vacated). I’m guessing here (because today’s Order is a bit obtuse in its wording) that Walton’s re-do of his Opinion has something to do with a defense filing made on Tuesday, 11/14. The defense filing is entitled “Memorandum by I. Lewis Libby on Legislative History of CIPA Substitution Provision” (the rest of it is sealed).
The crux of today’s Order vacating Monday’s Opinion is this:
Seems to me that this approach was effectively what Monday’s Opinion was detailing (although the Opinion did seem to spend a lot of time ‘propounding the obvious’ repeatedly – presumably for an Appeals Court’s benefit), but I may be missing an important nuance here.
UPDATE, due to a government filing late on 11/16:
The government has responded to that 11/14 sealed defense filing, and the government’s filing is not sealed. I am excerpting key parts of it here, because it explains the Judge’s 11/16 Order to vacate, and confirms that he was responding to a defense argument about CIPA’s Section 6(c) that the government, in its response, finds “alarming.” The government quotes from the defense’s sealed filing. This is what the CIPA process (and thus the fate of the Libby case) has come down to (emphasis added):
The defense is also apparently disputing how the government is allowed to use the ex parte affidavit permitted by Section 6(c)(2), and trying to blur the line of CIPA’s “substantially the same ability to make his defense” standard [probably the nuance I missed]. So Judge Walton apparently felt he needed to rethink his Opinion in light of this parsing of the meaning of CIPA; I sure hope he gets it right when he re-issues his Opinion. This filing, as highlighted, also makes it sound like the government has already provided substitutes to just about everything that couldn’t be declassified, pending perhaps a few items still being worked on, in addition to this dispute over how CIPA’s substitution phase is supposed to work.
P.S. One thing I haven’t seen the AP cover yet (although they may have) is the three government memorandums in opposition to the defendant’s motions in limine. The government’s three memos were all filed after Monday this week, with their side of those motions spelled out (they call two of them “moot” and ask for the one about the reporters to be denied). I believe replies will be due by noon on Friday. [The AP has covered the Libby response to the government’s sole motion in limine - that was the article Swopa excerpted and posted about the other day.]