
From the WaPo:
The trial of I. Lewis "Scooter" Libby, Vice President Cheney's former chief of staff, could be delayed, based on an appeal that a special prosecutor plans to seek in the case.
Special Counsel Patrick J. Fitzgerald notified the court last night that he plans to appeal U.S. District Judge Reggie B. Walton's ruling this month on the standards the judge will use for determining which classified materials Libby may use as evidence in defending himself. Libby faces trial on charges of perjury, lying to investigators and obstruction of justice.
With the trial set to begin in early January, the U.S. Court of Appeals has only one month to consider the matter as do the prosecutors and defense to work out other pretrial disputes over classified materials and the admissibility of other evidence. The substance of Walton's Nov. 15 ruling is sealed because of the classified materials it discusses.
Christy has a good rundown of where things stand with Walton's ruling. I know some are worried about a pardon but I personally think it would paint a big, fat bullseye on the case for Henry Waxman (who hasn't yet decided what he wants to start investigating), and emptywheel argues that it would make a civil case a lot easier to win. With jury selection is set to start on January 15 we will no doubt know something on the appeal soon.
Update: Jeff, in the comments: "[I]n fact Fitzgerald’s appeal is of Walton’s November 15 ruling on the use and admissibility of classified information by Libby, not Walton’s November 13, which is the one Christy discusses and which is Walton’s rejection of Fitzgerald’s first effort to offer a set of unclassified substitutions for some of that classified information deemed admissible."



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Leahy!
Fitz!!!
I waited… I really did…
FITZ!!
Why “Leahy!”
Well, he is asking again for documents from the Administration (like legal memos justifying torture, that sort of thing), and Dick “F_ck-yourself-Leahy” Cheney now has to deal with a Democratic-controlled Senate — including the incoming Chair of the Senate Judiciary Committee.
Which is easier to spell, Mr. Vice President, Mr. President, General Gonzales — but particular, Mr. Vice President?
F-_-C-K—Y-O-U-R-S-E-L-F
or
S-_-B-P-O-E-N-A
And what’s the missing letter, Mr. Vice President?
Has the investigation into other people closed down from what you all know?
I can hardly wait for this trial to start.
Lots of ground to cover and lots of legal color commentary from Christy.
Good times.
This is how you spell the missing letter U.
and why am I obsessing about U, Mr. Cheney?
Because you are about to get your, uh, soft parts squeezed from two sides: Fitz and Cheney.
Ouch!
Now just who is it that has subpoena power over Halliburton shenanigans?
you know what?
all that matters is that the person responble for exposing our covert assets be labled the traitor his is.
we must make them a pox in American history, their name to be referred in the same frame as Bedict Arnold
from here and hence, I want Cheney’s name to be used as a collaborator with enemies
the same for rove
and for Bush.
I really really think the Iron mountain trucks {shredder} at the Cheny res. tell the story..expect dicky to slide quietly out the back door”for reasons of health”,shortly….unless they plan on a “Hit Iran”exit….this would be a real sweet deal to leave the dems to deal with.
My fear is that Fitzy’s appeal is a Texas Hold-em “all in” move.
If he loses the appeal, then lights out…
Say it ain’t so…
Jack
Bay State Librul @ 11
From what I’ve read about Fitz’s prosecutorial style, he doesn’t play Texas Hold-Em. He plays Go, and his record says he plays very well.
Prof – not a Veep fan, eh?
Good to see you fightin’ the good fight here again!
perris @
9
We’re a long way from seeing the person responsible labeled a traitor, unfortunately. At the moment, there’s Libby who’s on trial for being (basically) a liar.
EvilDrPuma @ 12
Yeah. I hope he takes Boardwalk and Park Place
but the legal system may not be Monopoly…
Jack
Bay State Librul @ 15
Not Monopoly either. I mean Go.
Prof @ 1:15 pm -
Prof – didn’t you mean to say that his soft parts would be squeezed by Fitz and Leahy?
snuffy — I think the shredder truck also flagged the beginning of the “coup” migrating power in the administration to the family consigliere at the behest of Poppy and his peeps.
If DeadEye set store as Dubya has by Rover’s numbers, Cheney would have believed that Congress wasn’t going to go blue.
But something else happened, also explains why DeadEye took off to go hunting, remaining incommunicado for over a week in spite of the election. Since the election, who’s interviewed DeadEye and gotten a nice fat soundbite about bipartisanship? Anybody?
There’s a reason for that dead air from DeadEye — besides the deafening hum of the shredders at work.
EvilDrPuma @ 16
Thanks Doc, you can tell that I’ve never played
Go…
I thought Fitzy was passing Go and collecting
$200…
Will the appeal piss off Reggie, who recommended
that Pat go back to the drawing board?
You can tell that I’m not a legal scholar…
Jack
quick legal question please;
if the case is dismissed for lack of prosecution, can the charges be filed again when a new president takes office and releases the data?
EvilDrPuma @ 1:34 pm -
That’s an excellent analogy. I think that Team Fitz has been looking at the entire board all along.
maybe the next president can declare libby an enemy combatant and make new laws to imprison him
I think Fitz wants a little more rope,and a lot less wiggle room for Scooter.
perris @ 20
well, jeopardy hasn’t attached yet – so there’s no problem there. I don’t, however, know what the statute of limitation is for perjury at the federal level.
Dead-eye takes aim, peering in a mirror, fires! Merely mortal, yes!Merrily!
To be honest, all I want is for the fucking trial to start on January 17th…
Libby lied his arse off to demean Ambassador
Wilson, and while the law runs slow, time is of
the essence…We need to get Cheney on the witness stand and grill him, and his band of traitors… who mislead this country into
this awful, awful, war.
Redacted classified information be damned. We want the truth…
Jack
and
Stephen Parrish, CPA @ 17
.
Somewhat on topic…anybody else get the impression that Novakula was casting puppet shadows for somebody else?
And this bit:
Poor little baby DeadEye, got his feelings hurt. [-snort-] As if he ever had any.
He’s also missing an explanation as to how he managed to shift to a full-frontal assault on non-DoD intel, pushing for the Iraq War, from this position during the first Gulf War:
I hope Waxman is on this bastard like a tick on a dog, Fitz or no Fitz. And I sure hope like hell Cheney’s not negotiating asylum with King Abdullah. Certainly can’t see James Baker sending Cheney to do diplomatic work at this juncture, can you?
Stephen Parrish, CPA @ 17
Of course.
And Patrick Leahy isn’t the only interesting Democrat on the Senate Judiciary Committee. There also Russ Feingold.
Rayne @ 2:05 pm -
For how many people might he be negotiating asylum, if indeed that’s what he’s doing? Does the United States have an extradition treaty with Saudi Arabia? Does Saudi Arabia recognize Germany’s legal concept of universal jurisdiction?
At whose behest is he making this trip? Is it possible that he went to Saudi Arabia on his own initiative?
Pat Leahy, Henry Waxman, John Conyers, Russ Feingold.
There’s gonna be lots of heartburn for the Bushies and the Cheney’s the next two years.
Let ‘em have it boys.
Show them no quarter.
-GSD
Stephen Parrish — you see what I’m getting at? I can’t see DeadEye EVER going on a diplomatic mission of his own accord. I can’t see him doing it if Condi asked him. Why wouldn’t Condi do this or send someone under the State Dept.?
So what the hell’s up that DeadEye’s all of a sudden gone all diplomatic? Did he get religion out there in BFE South Dakota while shooting birds thrown from a truck?
Well, Hey, All!
Are we all turkey’d out yet?
I like Leahy – Cheney’s toast…
The thing that really impresses me about Mr. Fitzgerald is that, despite all the enormous pressure brought to bear on him from BOTH sides of his case, he just keeps his head down, keeps his shoulder to the wheel, and keeps on keeping on. That’s the mark of an excellent investigator/attorney/prosecutor. He can’t be distracted from doing his job as he perceives it, and he won’t be stampeded by anyone.
Poppy musta waited for Deadeye to go out of town before making Junya decide to can Dumsfeld… no wonder he’s so glum… wonder what will happen when Dick is in the ME? if I were him, I wouldn’t leave town ever again.
Rayne @ 29
There are currents in play here that we dont have a clue about…the comments about”doing the right thing “regardless of the election result”is what scares the whey out of me.
These bastards think this is their last shot at control…If bush the elder is in the process of regain control of things for the “old”money,junior may have other Ideas.Lots of deep,realpolitic going on here.We have sooo many strange looking actions{on the surface}that a rational,meaningful analisis is difficult,to say the least
I initially made this mistake: in fact Fitzgerald’s appeal is of Walton’s November 15 ruling on the use and admissibility of classified information by Libby, not Walton’s November 13, which is the one Christy discusses and which is Walton’s rejection of Fitzgerald’s first effort to offer a set of unclassified substitutions for some of that classified information deemed admissible.
Interestingly, Walton’s November 15 memorandum opinion is entirely redacted in substance, since it deals with classified information, but on the same day he issued an order that the government do a classification review of the November 15 opinion by December 1 – and of a variety of sealed pleadings and closed hearings somewhat later – so that they can be released publicly in redacted form. Walton expressed his belief that after a classification review a substantial portion of the Court’s opinion and the other stuff will be deemed unclassified and can be made available to the public.
It’s unclear to me whether that just means a lot of the stuff was never classified, or whether it also means that the national security agencies will actually declassify material as well in the process – which would probably make life to that extent easier for the special prosecutor. That would be sort of a clever move by Walton. But I don’t know enough to know whether that’s the move he’s making.
This trial may occur sometime before Clusterfuck leaves office- it may not. Matlain is raising more money- I think Libby already had raised five million for a defense fund- guess he’s burned through that by now. Ideally- he would delay the trial until Christmas 08- and then get a Christmas president from Clusterfuck on the way out the door.
Thanks, Jeff, I’ll update.
Rayne @ 2:32 pm
Prior to this weekend, when was Dick Cheney’s most recent visit to the Middle East? I can’t discern the provenance of the inspiration for his recent interest in diplomacy.
Jeff #39 — thanks for that, certainly makes for more informed popcorn munching!! I better lay in an inventory of PopSecret before the first full week of December.
Rayne @ 34
Where is worthless Condi anyway? I think that this entire “diplomatic” thrust by bubbledumb and dick is highly, stinkily suspicious.
Oh by the way, I think Babington needs to join his pals at Albritton.
m’kay.
Stephen Parrish — I don’t know; I surfed Google News and didn’t see anything that would indicate a visit any time in the last year.
Heck, I can’t recall a diplomatic mission by Cheney ANYWHERE in the last couple of years…maybe ever.
Anybody? Anybody?
Sure makes that bit posted at Wonkette more and more, um, possible. I think I need to do more work on the backstory between Poppy and DeadEye — was there any bad blood from Poppy’s term between them, or is using Poppy’s fortunate son like toilet tissue reason enough for Poppy to b*tchslap DeadEye vicariously through the family consigliere into submission?
Or does the likely outcome and related evidence from the Libby prosecution make it easy to coerce DeadEye into compliance?
9/11 and American Empire: Intellectuals Speak Out” on C-Span2.
Off-topic in every way: Oh jeepers. I hadn’t seen this. Looks like we may be in a sort of cold war AGAIN.
On the other hand, is this related to Cheney’s rather sudden trip to visit King Abdullah?
One of the Bush buddies. A man Georgie said he “could do business with”.
AP – A rare radioactive substance killed an ex-KGB spy turned Kremlin critic, the British government said Friday. In a dramatic statement written before he died, the man called Russian President Vladimir Putin “barbaric and ruthless” and blamed him personally for the poisoning.
Rayne @ 45
MWAAAhahhhahhaaaaa.
I like the way you think.
angie @ 44
Completely and utterly off topic. But. At TruthOut there was an article from the BBC (linky next) http://www.truthout.org/docs_2006/112306A.shtml
which had a link to the following campaign footage from Bobby Kennedy’s campaign. Please, please, please let’s not forget how campaining and politics can be done.
http://news.bbc.co.uk/nolavcon…..167008.stm
Oklahoma kiddo @ 48
http://news.bbc.co.uk/1/hi/wor…..392791.stm
yuh huh.
Fitz don’t fail me now…
I see I am going to have to dispel some more myths here. You want to know why Dick Cheney is going to Saudi Arabia. Sheesh! He’s right there on his website.
http://www.whitehouse.gov/news…..122-6.html
It’s about issues of mutual interest. I mean how much more specific can you get than that?
For those interested in our much maligned and misunderstood Vice President, the site today also includes a picture of Mr. Cheney in the co-pilot’s seat of a B-2 Stealth bomber. Some misguided critics like to bring up his 5 deferments during the Vietnam War but seeing him sitting there in a plane on the ground should, I think, dispel these unwarranted calumnies concerning his martial character.
The site also has a short bio I’m assuming was approved by the Vice President detailing his service to the country. I think there are not many who know this fact about him:
So you see Dick Cheney stands in some pretty exulted company: Tommy Franks, Paul Bremer, and George Tenet to name but a few. There is also great modesty seen in the bio. For example, no mention is made of his great work in private industry in major US companies, such as Halliburton.
Really, I think we have misjudged this man.
Hugh,
You forgot /snark.
lol
Great stuff, Hugh!
Lovely snark, sir.
If you wish to see Vice President Dick Cheney in a Stealth B-2 bomber, his site is here:
http://www.whitehouse.gov/vicepresident/
Marion in Savannah @ 36:
Amen to that!
Chanelling punaise;
My contempt for the man will never diminish.
Hugh @ 54
Gosh! You’re right! Remember all the fuss that was made when Michael Dukakis sat in a tank??? Darn…
perris 50 — “diplomatic” is to X as
“Healthy Forests” is to forest protection,
“Clear Skies” is to cleaner air,
“New Freedom Commission” is to mental health.
Yah. I’m on the same page.
Sure seems odd that Cheney is doing a lot more unpredictable, odd stuff since 1) Baker reappeared, and 2) the flurry of filings and documents on the Libby case has increased. Surely just a coincidence.
It’s kind of nice, though, to be once again in countdown to Fitzmas. Feels like old times, except with less F.U.D.
Rayne @
47
It just gets deeper and thicker…I have to admit,even as much as I detest james baker…that turkey can pull rabbits out of the smallest hat.We are so going to lose our collective asses in this mess.
With abramhoff singing like the proverbial canary,dicky may have some “Fitzy” problems that are not known to us…all in all….the more worried,and ill cheny is,the safer our country is
Rayne @ 61
you know rayne, your entire paragraph is worthy of a blog page in itself
add to those analogies, “the energy bill”, the “drug bill”, “the patriot act”
a little snark, like “one or all of these things is not like the other”, and away you go
perris — speaking of unpre-Dick-table and odd behavior…
Hunting in South Dakota the week of the elections.
Good freaking God, can you think of one sane person who would accompany that man on a hunting trip after last year’s debacle, even if good money were involved, let alone if the elections were going dismally for their team?
Therefore, I’m lumping “hunting” is in the same class as “diplomatic”.
Jane’s put up a fresh thread, BTW. Something about ring kissing…
Rayne @ 64
I’m gonna watch your site for a blog with all of these “one or all of these are not like the others”
off 2 c james bond
enjoy everybody
Valid Concern Troll type comment: Fitzgerald got us worked up good and left us hanging. Some questioned his authenticity – suggesting that he might be an administration toady like Lee Hamilton. We all hope taht Fitz is for real and that justice will be served. The general consensus here again is that Fitz is a good man. Have we satisfied our concerns – do most FDLers now maintain complete faith in the Fitz?
Any photos from Cheney’s hunting trip? Sounds like a cover form something nefarious.
hackworth — understandable that some folks would be concerned about the lack of yield on Fitz’ efforts to date.
Personally, I’m fine with what he’s done. Considering we are not living in the time of Nixon, Fitz has done quite well. He is chasing criminals who cut their teeth under Nixon, took to heart the concept of “plausible deniability”, have worked every day under the belief that Nixon was punished for failing to exercise the full reach of the unitary executive, and who believe that any war the U.S. undertakes can be won with adequate political will — the kind of will that outs NOC’s as it see fit, and will obstruct investigations with a belief in absolute impunity.
Although I realize Fitzgerald is human, I believe he is not cut from the same cloth as the criminals who outed Plame, and that he is doing what he can on behalf of our country with far more limited resources than the criminals he chases. Other FirePups’ mileage may vary.
hackworth @
67
I firmly believe that he’s an honest, hardworking man and a good prosecutor. I think he’s up against a slippery bunch in this, though.
Well, after all, Michael Jackson went to the ME when the going got tough for him, so why not Dick Cheney too?
Why Waxman? I thought John Conyers who will be head of the congressional judiciary committee would be the one to look into the CIA case. I kind of like the silence which is coming from Conyers’s quarters–like the still before a storm.
Regarding Fitz’s appeal: I’m not worried about the trial court, but faith in the appellate branch may well be misplaced -
I have totally given up that justice will ever be served in this case.