It's a snowy Sunday here in Denver and I'm flattered to be spending part of it writing a post for Firedoglake, as Christy makes her way to Washington and Jane continues to heal post-surgery.
Pachacutec has done a great job of live-blogging the jury selection process for you in the Scooter Libby trial. With 30 of the 36 needed prospective jurors already qualified for cause, I think we'll have a jury by Monday afternoon. It won't take long for both sides to exercise their peremptory challenges. Then what?
Then we're off to the races. Opening arguments will begin Tuesday. Looseheadprop did a nice job of explaining the process of openings for you here.
Since I've never been a prosecutor, only a defense lawyer, I can't get behind the prosecution mindset to predict Fitz's strategy for his opening statement. But I can say what I expect of Libby's defense lawyers in opening.
If they are as good as I think they are, they will use the opening statement to tell a story, not just recite facts. They will continue with the theme and theory they began during jury selection: that Scooter Libby was a man on a mission to protect our national security and that he was far too busy and preoccupied with this weighty responsibility to be focused on conversations he had with reporters about Joseph Wilson's wife, Valerie Plame Wilson.
If Libby's lawyers are to be effective in opening, they will use it to begin convincing the jury that Libby is actually innocent of the crimes charged, that he is a likable human being much like the members of the jury or someone they love, that he sits before them unjustly accused and that convicting him would be a terrible wrong.
They will again introduce the theme of memory, that human memory does not operate like a video recorder which records an event on tape and thereafter never changes and is never altered by external or subsequent events.
Judge Walton has refused to allow a memory expert to testify at Libby's trial. So the defense will have to try through other means to show that human memory changes and fluctuates based upon several factors. If you'd like more information on this, here's a 1996 article I wrote on the topic.
The theme and theory that Libby's lawyers use in opening argument will be continued throughout the trial. They will re-introduce it when cross-examining the government's witnesses — and when questioning their own witnesses, including Libby. They will raise it again in closing arguments.
The goal is to show tell Libby's story from a positive point of view. They will accept the "facts beyond change" — such as those which unequivocally demonstrate that Libby spoke to Tim Russert, Matthew Cooper and Judy Miller and his statements to investigators and the grand jury. They will weave their defense around these facts, since they can't change them.
Libby's lawyers will present an alternative to the prosecution theory that is both consistent and integrated. They will use "quotables" — phrases that stick in the listener's memory. And they will take advantage of anticipated jury instructions that work in their favor.
There is debate among trial experts as to whether the opening or the closing argument is most important. Are jurors more influenced by what they hear first or what they hear last — primacy or recency? At least one study found that 75% of the time, the final result in a trial is the same as the tentative conclusion held at the end of opening statement.
Given the facts of this case as we've come to know them, this is a tall order for Libby's lawyers.
Whatever else, the opening statements of both sides will be the roadmap of the case — the preview of coming attractions. I'm really looking forward to dissecting them — and we can't do better than to have Christy live-blogging us through them.
More of Jeralyn’s excellent legal analysis can be found at http://talkleft.com.
Related posts:
- The Bush Fairy Tale on the Libby Pardon
- Cheney’s Betrayal Made an IIPA Charge for Libby Possible
- Dick Cheney, Scooter Libby, and the “Unremarkable” Meat Grinder
- The Taxpayers Paid Dick Cheney’s Personal Defense Attorney to Obstruct Any Inquiries Into His Crimes
- Sotomayor’s Confirmation Hearings Will be a Trial — for the GOP
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Fitz! Time to get it started!
I know this is awful but I resisted posting during the salon.
GO BEARS!
GO JANE!
GO RED!
GO KOBE!
and of course
GO FITZ!
Thanks for the defense lawyer perspective, Jeralyn. Informative and eye opening – this is gonna be one heck of a ride as this trial gets under way.
Time to make some popcorn.
Memory defense? Too many Twinkies?
jeralyn -
hi. and thanks for the post. You do good work.
I was one (of I’m sure many) at the chat you did @ WaPo. I didn’t offer a direct question – but don’t you find it curious that the subhead indicated charges not listed on the indictment?
Who put that there? And why?
——-
oh. and Asante Samuel is a talented defensive back. Who just intercepted Peyton and returned for a TD
Go Pats!
(sorry about the Saints result.)
Welcome to the Lake, Jeralyn. I love your blog, and I am so glad you’re here to keep us going when the demand is so high and the team a little short this week.
Too bad we didn’t have this blog back when I was young and we were all trying to understand the Watergate hearings!
So, if the Special Prosecutor blows a hole in the ‘memory defense’, there goes the ball game?
Can’t wait to hear Fitz cross-slams Darth Vader. It will be a beautiful day when it happens.
Thanks Jeralynn, looking forward to your appraisal of the opening statements.
FDL, the place to go for Plame coverage.
Grab your popcorn and ask the most basic questions. The fine experts in our family are always happy to explain!
Lurkers, come out and say HI! We want to feel your pulse.
Hi, Jeralynn!
Thanks for giving us your insight and best educated guess on what to expect from the
LizardLibby Team.The Lake is the place to be for The Courtroom Battle. We have the best team for coverage — including the best guest writers, like yourself, Jeralynn! And I love reading Talk Left, too! FDL, Talk Left, The Next Hurrah — and Murray Waas articles — you just cannot beat what the progressive blogosphere offers in the way of careful, reasoned analysis.
Corporate media types should be ashamed when they consider our embarrassment of riches.
Perhaps the Libby defense armada could blame this whole Plame thing on his doctor. Since Scooter wasn’t able to focus on outing Valerie, because of so many other attention grabbers, it must have been some sort of ADHD thingie. His MD should have had the boy on Ritalin.
Blank Kludge @ 6
Blank Kludge –
My apologies if you’ve explained the substance of your question elsewhere, in which case I must have missed it.
What “subhead” are you referring to? A WaPo listing? Online or in print? And what charges were listed that weren’t in the indictiment?
Please forgive my ignorance! I’m stepping out to walk the pupster in the neighborhood now — will look back here later. Thanks.
Hi, Jeralynn and firepups! It just dawned on me today that opening statements will be on Tuesday, the same day Bush is delivering the SOTU speech. It was the SOTU 4 years ago that started this entire, ugly ball of wax rolling.
Kind of delicious irony, ain’t it?
He can’t remember sh*t,
You must acquit!!
Jeralynn – In having an expert witness testify for the benefit of their defendant, do defense attorneys ever try to use an expert witness to indirectly affect a jury’s perception of a prosecution witness?
For example, I have this suspicion Libby’s team would have liked for their disallowed memory witness to explain, during a comprehensive ‘how the mind works’ lecture, how memories can innocently arise “de novo” to fill gaps in details about past events. This might then be used to impeach someone like Cathy Martin in her recall of events on AF II. They could cast her testimony as, “Cathy isn’t being guileful towards anyone, we just have Dick and Scooter who happen to have a “shared” memory to bolster their account against her mistaken “de novo” recall.”
.
Oklahoma kiddo @ 5
Ah, yes. The infamous twinkie defense. I remember it well.
I’ve watched you on television before. Since you’re a defense lawyer, do you believe you see things automatically from a defense perspective? Do you see this case from a defense perspective? Just curious how you view this in light of Libby’s obvious guilt. *g*
Barring jury nullification, I cannot fathom how a jury could or would buy into the team Libby defense of forgetfulness.
OT from Haaretz
http://www.haaretz.com/hasen/spages/816046.html
Richard Perle shows himself once again to be the warmongering idiot he has always been. It’s amazing and shameful that these guys who have a track record of being catastrophically wrong about almost everything continue to find public outlets from which to spew their murderous brand of nuttiness.
Are we really expected to accept the memory loss defense? Perhaps it was an 18 1/2 minute memory loss. This defense presupposes we are stupid. This defense, if one can call it that, has no gravitas. One wonders if Libby is receiving adequate and competent legal representation.
Hugh @ 21
Ask me. Am I scared? Yes, s’tless.
bg @
16
Is this a “quotable?” — something the jury members can carry with them to their deliberations, pithy and supportive of the view they formed at opening statements?
Oklahoma kiddo @
20
and busy-ness! Don’t forget imporant-ness and busy-ness!
Fibber Libby of the Shooter-Scooter gang.
As an insurance defense lawyer with no criminal experience I completely agree with Jeralynn’s idea on how it should go. Tell a story, proclaim injustice.
I’ll be very interested to read Fitz’s opening, and how he anticpates the expected memes proposed by the defence. I assume he can’t do anticipatory rebuttal (raising what he thinks defence will say then shooting it down) but he can lay out what the evidence will be in a such a way as to weaken the defendant’s expected approach.
Pop corn maker ready – check
pop corn loaded – check
stand by to pop
Oklahoma kiddo @ 22
A counsel to be guilty of perjury is better than guilty of TREASON, I suppose. The catch is, with the story that gets told in prosecuting each of the 5 counts against Libby, a clear picture is formed for the world to see of, well, TREASON.
Truly, the mind should be able to remember a lot of things when push comes to. . .years in jail.
The importance of “recall” is something that just about any person who has ever had anything serious at stake should be able to grok.
Libby is no Susan MacDougal.
bg @
16
I was going to a long tearful rant about the meaning to me of this trial.
Laughing to hard, now.
Thanks bg
Oklahoma kiddo @ 22
Earlier, I raised the idea that this defense might be deliberate, to pave the way for an appeal based upon, oh — the idiocy of defense counsel. The JDs around these parts were skeptical.
TeddySanFran @ 24
If you don’t believe Dick,
You must convict!
Bwahahaha’ing right along with you Colleen. Would make a great bumper sticker bg!
As a juror, not a lawyer, I agree with the basic outlines of what Jeralyn described in terms of the opening statements. I’d take it a step further myself: the longer the trial is anticipated to last, the more important it is for the opening statements to lay out a strong narrative. As direct examination moves into cross-examination moves into re-direct examination, the jury looks for how this testimony fits into the whole. As witnesses come and witnesses go, the jury looks not just at how this witness compares with that witness, but how their testimonies fit into the competing narratives laid out by the defense and prosecution.
The parts are important – that’s why they call it “building a case” – but they have to be built into something. That’s the narrative, and I’m really curious to see how each side spins their narrative tale.
TeddySanFran @ 24
I appreciate the way Jeralynn set up this “opening.” Made me want to feel sorry for the poor man. Come on! It’s so easy to forget.
Or. Not.
OT sorta –
That last play in the endzone? No replay, till the powwow. Than afterwards, the ‘tape’ shows how Colt tripped all by his own. (Flag form what I’d not call the best view, anyway. Last weeks Patriots postgame had one analyst saying outwardly “Pack yah bags, baby! We’re gon’ ta Miame and the Big Game. Book your flights and rooms NOW.”
Seems on target.
what’s the spread?
Patroit defense is wizardry. FOr this tenure thay’ve been the equal of the Steel Curtain.
Smart talented, a core with savvy. And Asante Samuel is equal to any DB so far in the postseason. WiiDeon. And coaching.
The point that is ontopic is that Defense can be a viable tactic. Our feature is that our defense of libety is no vice. Our ‘precedent is the Constitutiion.
The ‘Pats’
Seems to me that if Libby’s memory is that poor, he was obviously unqualified for his position in the first place and ought to reimburse U.S. taxpayers for whatever salary and perqs we paid him.
sister of ye @ 37
That’s where Fitz is going to have so much fun if Cheney takes the stand. “So, Mr. Vice President, of all the people in the world you could have had for a chief of staff, you chose Mr. Libby. Was he in the habit of forgetting things? Was he in the habit of neglecting to keep classified information out of the hands of people who were not cleared to receive it?”
That’s going to be trouble for Irving . . . and I can’t wait.
Assuming for the moment that neither Libby or his defense team expect the ‘I forgot’ defense to wash. What then is the motivation for such a ridiculous defense. TSF, above, I think, is getting rather close.
I wish I could find the old article (believe me, I’ve tried) I read back in the spring of ‘05 after Cooper’s source was revealed to be Rove. It was about Patrick Fitzgerald and at the beginning included a quote from him to a jury about the faulty memory defense. It went something like “Ladies and gentlemen, I will demonstrate to you how how the bad memory defense is one of the worst excuses to explain not committing a crime…”
My take was that Fitzgerald is very experienced well versed in taking down the ole bad memry defense. By the way he dispatched Libby’s expert witness on memory, I think he’s prepared ;)
.
Fitzgerald must be wondering.
Colleen military mom @
30
Americans are tick’d
You must Convict
?
Oklahoma kiddo @ 39
What else do they have?
This ‘I forgot’ thing tends to lead me right back to… a pardon.
Dover Bitch @ 43
This is perhaps true. If so, the options appear to be cop a plea or go with it.
Does anybody think Libby won’t get a pardon?
[un-zigged]
Can I quote that in a sig elswehere?
Royalties! think of it!
It is poifect.
If he were to cop a plea, he’d have to give something in exchange. Na ga ha pa.
He’s going to play this thing out and take the pardon. I just hope Fitzgerald can get some interesting information out of this whole thing.
Dover Bitch @ 43
Exactly. I guess some traditional angles a defense might take in explaining unfavorable or contradictory testimony by prosecution witnesses is that they are motivated by money or revenge. Since none of that seems to be the case, it falls back on the defendant to account for the contradictions. “I don’t know” or “I don’t remember” in the face of all the evidence comes across as a very immature stance. Too bad for Libby he isn’t a pre-pubescent ankle biter (at least the pre-pubescent part).
witchywoman @
18
Just in case our younger firepups may not recall or know, the sleazy and infamous “Twinkies defense” worked for the horrid, unspeakable double murderer of beloved San Francisco Mayor George Moscone and Supervisor Harvey Milk inside City Hall in the not too distant past. The killer, Dan White, served minimal time.Sigh.
I think FDL’s coverage has been very good so far. I was expecting 24/7 Libby with a lot of space filled in by ladies huddling together and rhapsodizing over his little precious bald spot. This is my first chance to send Jane my prayers and best wishes too.
Newsclue at #19 asks:
Yes, on tv I always comment from the defense point of view — unless I’m the only guest and then I try to be journalistic or even handed. The only reason I go on tv is to try and present the defense perspective.
In the Libby case, I’m not rooting for his acquittal, not by a long shot. But, neither am I hoping that Fitz outguns Ted Wells. I want Libby to get a fair trial and I want Ted Wells to do a good job.
The post I wrote here was about how I think the defense opening will go if Ted Wells is on his game. If I don’t think he does a good job in the opening, you can be sure I will say I’m disappointed and why.
Wells has the tougher job here. Fitz has Libby’s statements to investigators and the grand jury, which, according to other witnesses, including reporters who were not anxious to dump on Libby, were untrue.
The case will boil down to credibility, who will the jury believe — and is it reasonable to suggest that Libby was so busy he just forgot. I think that’s the only defense open to them given the statements. And I think they have been hurt by their inability to present a memory expert. A lot will also depend on how well Libby has been prepped as a witness. He may believe everything he tells the jury, but if he comes across the wrong way (as Ken Lay, Jeff Skilling and Bernie Ebbers did), he will bring the case home for Fitz.
One other big issue will be whether the defense can convince the jury that Libby’s statements, even if untrue, were not material to the investigation and therefore not a crime, even if untrue.
Have the jurors been asked if they know anything about Plame/Wilson?. Do the jurors know anything about Plame/Wilson/Niger Yellowcake/undercover status/ny times/novak/judy miller/pumpkinhead? Is it possible that some jurors may not know diddly-squat about the alleged crime that relates to this trial?
Yea, the Bears may as well not even bother going down there. . .it’s over already.
Blank Kludge @
36
Since he’s one of the arrogant Neocons it should be easy to parade all his friends, peers, co-workers and bosses to the stand and ask each one, “Can you recall ever hearing Lewis Libby say he couldn’t remember something?”
Can you imagine any right-winger of this administration admitting one of their own was forgetful? No way, they’d all say he was like God, he remembers EVERYTHING.
And, that, as they say, would be the noose around Scooter’s neck.
I wonder how many times Libby’s lawyers will use the Reagan defense by having Libby repeat as often as possible, “I don’t recall.” or “I can’t recall.” or “I don’t remember.” to make it painfully obvious to the jury they’re all lyin’ treasonous bastards.
If there is any testimony or evidence revealed in the trial that suggests Bush was present during any “get Joe Wilson” pep rally or was somehow appraised of what was afoot in outing Plame during group think all this time, it just got absurdly harder for Bush to pardon anyone in this case, imo.
Woodward once said, regarding this investigation and Fitzgerald, something to the effect of “you only get one shot, and you better not miss.” This trial stands to lay it all out such that any superceding indictments or revelations about Cheney/Bush will not rest on Fitz, but on their accomplices. Even if Fitz has all the goods to go right to the top, it makes so much more sense in various ways to not have opted for the Hail Mary take down from the beginning.
TalkLeft @ 52
Jeralyn
Can you explain why Ted Wells is so celebrated? I always want to caution people that, yes, Fitz has a great case, but Wells is pretty damn good. But I don’t know WHY he’s so good–what does he do that others don’t?
hackworth @ 53
Pach’s covered all this in his liveblogging of the voir dire. Check out the threads from last week, including here and here and here, just to give you a couple of links. Check out the links that Pach provides for other threads. (Wouldn’t want to get caught in the mod filters with too many links!)
(Go Mods!)
I think Wells needs to be VERY careful about the “I forgot, I was just too busy to even THINK about piddly things like this” defense. I’m sure he will be…juries don’t like to be played for fools, and it seems like that would be very easy to do with this defense. And very easy for Fitz to rebut, along with treating the jurors as intelligent human beings.
I’m anxious to see the opening statements…surely this isn’t all Team Libby has? It sounds ridiculous on its face, but hopefully we’ll begin to see on Tuesday.
From my limited experience as a defense “consultant” (LOL), it occurs to me that if we were able to present a “plausible alternative” to the “concrete facts” presented by the prosecutors, we would defeat the “reasonable doubt” standard. Like O.J., this isn’t an impossible effort. Seems to me this is what the defense here is working toward.
Dungy shoulda went for 2. It will be the difference. I’m still confident; but one can’t count anything in the bag just yet.
Betcha Brady gets points this drive.
sorry – OT
;~>
misses it now
ooops I’m no Carnac..
Bear Down, Chicago Bears.
Make every play clear the way to victory!
Bear Down, Chicago Bears.
Put up a fight with a might so fearlessly!
We’ll never forget the way you thrilled the nation,
With your T formation.
Bear Down, Chicago Bears.
And let them know why you’re wearing the crown.
You’re the pride and joy,
of all Illinois.
Chicago Bears, Bear Down!
Blank Kludge @
61
Ronzoni Rigatoni @ 60
Nullification?
Blank- I bet emptywheel enjoyed that runback ;)
raven @ 54
Patriots quarterback Tom Brady is a big dopey republican. For that reason, I hope they lose. I recall that Brady gave Dubya his stamp of approval after the superbowl his team had won. Then he went and sat in the front row at a Bush event and told everyone that he loves Dubya.
OTOH, Colts QB has been linked to republicans, too. In fact, the NFL is chock full of republican a-holes, republican-style pseudo patriotism and warmongering, pseudo machismo, closeted gays, and other hypocrisy. I believe that the NFL is anti-progressive, therefore, I don’t like it. But, don’t let me rain on your parade.
But, if you like it that’s your choice. I prefer chess. ;)
If Fitzgerald neutralizes the memory loss claim, is that all he has to do?
Great, the fact that he went to Michigan is enough for me, screw him. Go Bears!
Patriots quarterback Tom Brady is a big dopey republican. For that reason, I hope they lose. I recall that Brady gave Dubya his stamp of approval after the superbowl his team had won. Then he went and sat in the front row at a Bush event and told everyone that he loves Dubya.
OTOH, Colts QB has been linked to republicans, too. In fact, the NFL is chock full of republican a-holes, republican-style pseudo patriotism and warmongering, pseudo machismo, closeted gays, and other hypocrisy. I believe that the NFL is anti-progressive, therefore, I don’t like it. But, don’t let me rain on your parade.
But, if you like it that’s your choice. I prefer chess. ;)
Heya Jeralyn,
Thanks for taking the time to bounce around some ideas and share your insight. I turned from a poster to a lurker when TalkLeft upgraded…lol..and I forgot my password. Faulty memory is my defense. :-)
I’m possibly the only one who thinks that the EO 13292 of March 25(or around) has been and will be used as a way to avoid prosecution for more serious possible crimes. I think the primary goal is to use this court action to get controversial, unprecedented claimed authority and ‘an official version of prewar evidence’ into a sworn testimony.
My questions would be what are the procedures for allowing or disallowing evidence/testimony based on any situation that lacks precedent? This also applies to possible moves by the VP to selectively refuse to testify on specific questions based on a variety of security based claimed exclusions.
newspaperbrat @ 50
P.S. THANKS JERALYN FOR YOUR FINE POST! ;~)
Blank Kludge @
47
You are too kind, please quote away. I really should have tried harder to use the vice president’s first name as an expletive-verb-past tense, I’m so ashamed.
Muzzy @ 64
How’d you know?
hackworth @ 65
I wonder how many pro-team owners are Democrats?
Plus, Papa Bear Halas sued asshole George Allen for breach of contract, won and then told him to get lost. That should be enought to make all the lefties Bear fans!
As a defensive ploy, is there any reason the Chimperor can’t just fire Fitz whenever? AbuG’s axing the USAs like they’re kindling (good management and all). (Heck, why not just insert BabCom as the new prosecutor…heh heh.)
hackworth – I guess it’s possible to appreciate some aspects of competition (I like chess, btw) without advocating all the other stuff you mentioned that I don’t dispute.
That said, I’d still like to hear Siun explain her fandom of nascar.
emptywheel @ 71
Unlike Irving, I can claim to have a functional memory. You made a reference to it in comments within the last week. Cheers
Special teams coup!
..thenthelightning will!
raven, emptywheel -
Brady makes Colts pay.
BTW Our Gaffney is a lot like my former fave David Givens of Houston, TX.
Both ND alums.
Oh. It woulda been a shorter blow for the D. The replay got them some air.
Thanks, jeralynn. I get an error message when I click the link to your article on memory. Am I then only one?
[Mod Note; refresh your screen and it should be fixed.]
One recalls the story of George Allen, who was hired off the staff of George Halas in Chicago to coach the Los Angeles Rams.
“George Allen,” Halas said, “is a man with no conscience. He is dishonest, deceptive, ruthless, consumed with his own ambition.”
At that point, Vince Lombardi leaned over to the owner of the Rams and whispered, “Sounds to me like you’ve got yourself a helluva football coach.”
Oklahoma kiddo @
13
We HAD one boy on ritalin and one not, sir. That Libby scoundrel is NOTHING like EITHER of our now-grown, honest, hard-working, caring, generous sons.
All seriousness & kidding aside, I just hope the justice system & jus’ plain folk look and listen carefully, and come up with a reaction akin to, ‘eeeeeeeeewwwwwwww!’ OUT, damn spot, & all to whom you’ve attached yer slimey self!
btw, thanks for a great post JM, but why give those jugheads pointers?!
Wonder who Kraft donates to.
Just curious.
I’d hope he’d be behind stem-cell; what wtih Darryl Stingley and Marc Buonoconti and
http://www.travisroyfoundation…..hester.htm
All Boston and/or New England ‘family’ in the human sense.
And the whole MA delegation?
–
Colts innovate with a Marx Bro inspired ‘Fumbeleroosky’
Who spiked the Pats’ H2O?
Muzzy @ 75
Yes, I agree. I was compelled to rat out Dubya fan Tom Brady and it lead me to the other more general points regarding the NFL. Nascar is the same deal, only worse in that there is an invocation (thereby joining by association all NASCAR fans to the Southern baptist republican club) at the beginning of each race.
Nascar is modern day bloodsport. You might as well put a man with a sword in a ring with a wild lion or tiger for entertainment. Everyone anticipates with nervous excitement a potentially deadly crash.
Oklahoma kiddo @
39
‘I forgot’ tested better with the jury consultants than ‘I’m pure evil, just like my boss.’ That’s my guess.
Hi, Jeralyn, nice to see you here.
So I understand some folks on your site (and also some on dkos)are also trying to promote John Dean’s idea of ousting Alberto this last week. I bet that interview with the Judicial committee really went over like a lead balloon, like it did with me. They hit him up on quite a few things, and he gave a truly poor performance. Sure hope we can convince enough of those that matter (like congresscritters) to get rid of him. Michael Chertoff has to be next; you’d have to go a long way to find someone less competent or more reckless with public funds. What’s your take on all of this?
Mommybrain @ 78
Dover Bitch @ 46
Rather unimaginable Libby will not enjoy a pardon – unless of course a miracle occurs and Speaker Pelosi suddenly finds herself President Pelosi. (grin)
Adie @ 80
I teach in a rural public school here in Oklahoma, and kids are my job. I appreciate your concerns. ;) Your piquancy continues to amaze, Adie. ;)
NYT smells smoke. Oh, it’s coming from the Constitution.
And Kristol thinks Dems are acting irresponsibly. Jeez. Maybe he’s right. Impeachment was taken “off the table”.
neokneme @ 74
Too blatant at this point, even for BushCo. If Fitz was taken off the case the day before opening statements, it would be obstruction of justice, IMHO, as well as rasing the nation’s ire at this Administration to an even higher level. I also suspect the remaining Conservatives with any remaining loyalty to the Constitution and the Rule of Law will join the chorus.
Remember Nixon’s Saturday Night Masacre?
I’m actually wondering how they plan to position Libby. The irony is that he isn’t just a subordinate… as a founding PNAC ideologue, he’s even more of an original koolaid drinker than Cheney. Cheney wound up as the boss, but intellectually, Libby’s far more complicit than Dick in the creation of the perverted theories that became the basis of shrub’s presidency.
cleter @ 83
naschkatze @ 51
Well, well. The pursuit of legal justice is as acclaimed as musical accomplishment. Huddling? Today? Ever? I think not.
Jeralyn, how focus-group tested is the opening statement? How much testing can the prosecution do on his? Won’t Comstock & Tucker’s Dad’s defense funds buy a LOT of jury analysis and phrase-testing with mock jurors?
Soebody this AM on CSPAN WJ call-in suggested the Ford model (about ‘08).
wonder if she’s thinking about that right now.
Conyers put out almost 400 pages in fall. Documeting. Plus McKinney filed Art.’s on the last day. Can they be brought up fo ’study’ or something?
—-
Oh lord …dropped. Go to gaffney.
ok 6 to go.
GAFFNEY! plz
damn…
take the 3 and lead.
wow.
Ali v. Frazier and this is the third tilt. ‘ThrillahDome’
going into maybe the twelfth frund…
Now, special teams time.
NO? INTERFERENCE CALL AGAINST INDY? WTF?
ruh-ro..
It’s so obvious now:
Plame-worked on nuclear proliferation – IRAN
Wilson-worked on bogus yellow cake theory – IRAQ
Bush Administration-worked on destroying both of them so they could invade IRAQ and ultimately, IRAN.
Witney – with a motive like that, an antichrist would be envious, unless…
Vinitieri. I wish we had players like that.
Witney @ 95
There are at least a few other trials/investigations that overlap similar points of interest.
neil @ 97
It’ll make a better story if we win without him. Belicheck will be proven a personnel genius for all times.
But then, why don’t we wait four minutes before we declare these things?
Kristine @
88
Yes. However so does Cheney. And he holds the trump card. And who’d resign, AbuG?
Ha, Murphy’s Law is the only one they haven’t abrogated.
rumi @ 98
Rumi – do you know which ones are currently going on?
Traitor Joe. Our tax dollars @ worik.
I haven’t been totally slack.
anybody see this on al Jazeera?
http://www.aljazeerah.info/Opinion editorials/2007 Opinion Editorials/January/21 o/Democrat Agenda Omissions By Stephen Lendman.htm
OpEd by U.S. citizen. I’m a wee curios, about it.
–
Our guy kickked for Buckeyes. He knows pressure, nat tv, crowd. Hell has he been to Indy dome in OSU?
Now, c-r-u-n-c-h time.
Good idea. We’ll wait 1-15. 35 yearline. Go Tom Brady!
Blub @
89
Speaking of a “founding PNAC ideologue,” I’m not done being indignant about the gall of Bill Kristol thinking that he has any right to tell our rightfully elected representative that they should just STFU
I wish someone would at some point tell him he should just STFU until or unless someone elects him to a public office.
Manning get’s another possession! 1-10 on the 20.
Unclaimed had this. assume all have seen it. The surge from last aug.
http://www.aei.org/publication…..detail.asp
Witney @ 101
I’ll have to post the links in a few different comments so it doesn’t land in moderation. Here are a few to start explaining it.
Larry Franklin
———————
Time magazine links the Franklin affair to the Chalabi …
————————–
Rosen-Weissman indictments and trial?
time stands still
*hiccup*
OMG.
Well.
Will Tom become ‘The Legend’ and another Montana-like throw for ‘The Catch’ like Watson or Gaffey as Dwight Clark?
Innovate!
rumi @
107
If you haven’t already read this, please do so as soon as possible: http://www.informationclearing…..e16234.htm
time for 3 plays from the 44 maybe 4. 5 max plays
uck-fay
no. sadly.
no joy in mudville…but there is here,
http://www.mudvillegazette.com…..00069.html
Give the Colts credit for a great comeback.
I’m actually glad for Dungy and the other QB.
I hope the Bears kick their ucking-fay asses.
Glad for Dungy and thrilled that we’ll have two African American coaches in the Super Bowl.
Now have I mentioned that I think it’s the NFC’s year?
Whatever happened to the rule that said the offense can’t fumble the ball into the endzone for a touchdown?
US newswire.com is a good site to read about other news that you don’t see on tv. I saw this little tidbit of info and since we the whole PLame thing revolves around the CIA, this jumped out at me.
“Analex Announces Merger Agreement With QinetiQ.”
and guess who is on the board of directors at QinetiQ? Why that would be George Tenet and one of the other directors (Youngkin) works for the Carlyle Group. Its just all so neat, clean and cozy, isn’t it? These are the real people and corporations behind this war, IMO.
Indy fans too.neil @ 119
I wondered the same thing when Pats got it. I didn’t hear either in the booth say anything. I think offense can’t be the first to touch it, or something. Didn’t think so on Marxist act fumblerooskie…but heck, just a great game. One for the ages.
Legend of Peyton begins.
Tommorow is more jury selection? Will Pach lend us his ears/eyes and fingers?
I like both coaches too and I love the Bears defense. I haven’t forgiven the Colts for leaving Baltimore in the middle of the night.
The Pats Bears game was a throwdown and throwback game, balls to the wall, slugfest. The AFC east is the NFC east of yesteryear and the NFC central, especially the Bears, know how to hit. I hope the Bears hit the Colts receivers so hard the don’t want to go out for passes.
Good question BK. Is Pach liveblogging tomorrow?
Blank Kludge – Your Al Jazeera linky? try it again please.
OK at 86
Hat tip back at ya. Especially in today’s crazy, unstable world, teachers are among our most precious resources. Never taught, myself, but volunteered plenty enuf to have many an occasion to stand in awe of what you folks do.
{{{{{THANK YOU!}}}}} ;->
neil @ 123
Just remembererd some bypplay..
Press ID MIA….
hmmm.
neil @ 103
Tom Brady is a big dumb R and a Bush fan.
Stephen Parrish, CPA @ 113
Thanks for that. I had seen that and couldn’t find it just a little bit ago. I couldn’t remember where I had seen it.
The Franklin (and others)indictment listed a few media journalists. unnamed and I think this trial is pending. Franklin plead guilty but he got a harsh sentence, iirc, because he wouldn’t admit to wrongdoing – at the plea before the judge- it was bizarre, if true as reported. I think he had passed that info as a way to get it higher up the intel chain in DoD which had ignored it previously.
Other cases that overlap are the ones in Italy concerning some people at the meeting and/or the rendition crew warrants.
oh, hey,..was there ever anything to the claims that the FBI was expanding the investigation to Harmon according to rumors that she had some agreement to help inhibit The Lobby investigation?
Stephen Parrish, CPA @ 113
Thanks for link and it sure seems to shed some light on things. I have often wondered about the back stories. I get the feeling that this whole thing is so intertwined. You know, in addition to Judy Miller being buddies with Chalabi, she was also a good buddy of Micheal Ledeen. Here is the link to that: http://www.defenddemocracy.org…..b_id=7511. By the way, why did Jon Swift of the blogosphere run that post that Ledeen was dead? I never understood that.
How can anyone possibly believe that the motivation for perjury and obstruction of justice is
.
How in hell is anyone going get any work done next week?
Man. First the Pats lose and then this: Press ID MIA. Was that news tidbit posted here at FDL?
ES/AR -
looked hinky but didn’t test sorry
>’working…’
>one moment…
h mmm…I can’t get it to paste in …about 100 characters. seriously. It was ina google search. I can ‘go’ back…
>?
ends with:
It a system of savage capitalism at its worst, bordering on the tipping edge of fascism. It’s based on corporatism, patriotism and nationalism backed by iron-fisted militarism and “homeland security” enforcers. It’s waging a permanent war on humanity, intolerant of dissent and opposition in an age where the law is what the chief executive says it is and checks and balances no longer exist because the Congress and courts surrendered them in the name of national security.
This is a state of desperation the public only began sensing from visible parts of it like the daily account of war in Iraq without end or resolution that’s only possible when US occupying forces leave. They went to the polls on November 7 and demanded this and an end to embedded corruption and abuse of power in Washington. They got their new Congress, most want the president impeached and removed from office, and they’re facing disappointment on both counts unless they become aroused, realize again they’ve been had and act in the spirit of news anchor Howard Beale from the 1976 Hollywood film Network who got fed up one day and yelled “I’m mad as hell, and I’m not going to take this anymore.” We’ve never been more in need of an army of fed up “Howards” giving vent, fighting back for their rights, and demanding their representatives in Congress pay attention and act responsibly, or step aside for others who will.
Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net. Also visit his blog site at sjlendman.blogspot.com.
Earth, a planet hungry for peace
Apartheid Wall
The Israeli Land-Grab Apartheid Wall built inside the Palestinian territories, here separating Abu Dis from occupied East Jerusalem. (IPC, 7/4/04).
The Israeli apartheid (security) wall around Palestinian population centers in the West Bank, like a Python. (Alquds,10/25/03).
Opinions expressed in various sections are the sole responsibility of their authors and they may not represent Al-Jazeerah’s.
editor@aljazeerah.info
Haven’tbeen to the ‘blogspot’ site yet.
My mistake on link posting at 131 – that article references Miller and Harold Rhode, not Ledeen, but I am still looking for that article I read in the past about the Ledeen and Miller.
Witney…
Ledeen was pushing the story on PJ Media-ocrity about Iran’s supreme leader having passed.
Another botched exaggeration.
Witney –
I found one of your posts on about the 35 yard line between a fumble and some exclamations.
:-)
This subject we landed on might not be as welcome as the game discussion, here, now.
Yes, I too was greatly saddened to hear of Michael Ledeen’s passing.
hackworth @ 129
Brady is a Republican and he’s spoken about having a second career as a politician. I wish him all the best.
My parents are Republicans but that doesn’t mean they’re neocon BuchCo war-mongering authoritarians.
I played football in college. I didn’t care whether my teammates were Republicans or Democrats.
ahah…
discussion re: Hll….and who has renounced Yea vote…I don’t (still, after this google) know about biden actually recanting …Has he/
anyway, googled this:
biden iraq aumf vote
What you want is the second ‘hit’ listed. Should be this:
after “love him or leave him…link.
should hit it.
IGIVEUP!!!
Friends should not let friends live-blog politics and championship football simultaneously!
YEEEEEEEEEEAAAAAAAAAAARRRRRRRRRRRRGGGGGGGHHHH cough cough coughAAAAAAAKKKKK! ahhh…
i mean, yeegawdfolks.
Repeat after me, “I am [______] and foosball is just a game.”
g’nite
Adie @ 140
I could loves me some foosball.
:-)
g’night
neil @ 138
I played with myself in college. Always tried to avoid republicans.
rumi
actually, i lied. i dearly love some people who love foosball, so i’ll be up for awhile yet ;->
hope u realize the primalscreeeeeeech was agnst generalworldnonsense, not including de foosball.
luv y’all ;->
BK – *chuckling* third hit on that search is our wonder pup…doverbitch blog…)
We are everywhere.
Eureka Springs, AR @ 144
Yay?
hackworth @ 142
Aha!
ES/AR – hey, there isn’t a recipe for the world’s best cookies at that link, is there?
Adie – the scream makes perfect sense to me. I understand.
It’s not altogether clear how Cheney on the stand fits into the picture as anything but a character witness. The trial isn’t about what Libby did when he was working for Cheney [though it would be delicious if that topic came up]. It’s about what Libby said to the Grand Jury. It’s not about whether he told the truth or not. He clearly did not.
The only issue is why he didn’t tell the truth. Either he innocently forgot the truth or he lied to obstruct the investigation. And his distorted answers were clearly tailored to obscure his active role in the leaking of Plame’s identity. What can Cheney say about any of that? Seems a risky move to me, unless they think Cheney being the Vice President and having a strong stage presence might wow a few jurors.
Whatever Cheney’s role in the trial, their only course is to lie some more. Hopefully Fitzgerald is prepared to catch them at it. A lie exposed in the trial would be a welcome outcome.
Eureka Springs, AR @ 142
um..this is odd
That was the 3rd one . I am only familiar with cites…but it rang a bell.
recreated search hss his blogspot…looks alot lke ummm…the diebold vote specialist with funky greenbay color scheme..this is like that.
too busy for my eyes just now.
I’m reminded of
games must be over.
now the pups ‘r chewin’ on the margins.
another reason i could/would never be a mod.
have fun pups. we gotta go feed the kits their treats & hit the sack, so I can dutifully lurk with at least one eye open on the ‘morrow.
nite. ;->
rumi @ 147
oh heck… it just felt real good!
umm…It looked to me like Pach was teasing about the passes. Iird, it’ll be emptywheel at the kbd.
Or maybe looseheadprop…but I thought she was workbound for a bit.
Christy’s headed to DC, maybe her?
waiting..
Mickey 148
You’re actually serious, aren’t you?!
the faceshooter as a character witness
definitely has a certain appeal, but not favoring the defense. in fact, they wouldn’t pull that just to have grounds for an appeal, would they?
wellAdie @ 150
IANADL..but if I were I’d be doing just as you suggest.
Irony isn’t just a taste of blood, but in this case…
[If I ever need counsel, I’d find ‘ya…tout suite.]
Nice catch, imho.
I read an (opinion) article that said the defense would not put Cheney on the stand. Too much risk. They also wondered why Fitz didn;t charge conspiracy and open the door to hearsay testimony.
The defense did tell the Judge they were going to call Chaney; that Chaney was going to testify for the defense; that a supbeona was not necessary, Chaney had agreed.
Fitz, had said he wasn’t going to call Cheney to testify for the prosecution but after Libby’s lawyers said they were going to call Cheney, Fitz said “That settles that.”
So how do you think the Great-and-Powerful-Oz/Imperial-Presidency/only-following-orders defense will play?
Dick on the stand channeling Eric Stratton: The issue here is not whether we broke a few rules or…took a few liberties with our female party guests. We did.
neokneme @ 100
I still think BushCo misunderestimated Fitz. They thought they could blow him off like an irritating little fly. WRONG! The man is a laser-focused pit-bull. Personally, I don’t really think he gives a fast flying f*ck where the chips land when they fall. He’ll just pick them up and start building the next case with them. The man is a zen master, as focused as a samuri.
Now, let us all chant: Ohm, madne, patne, Fitz… ;-)
rant mode = on
Sorry, but you do realize NFL football is as rigged as US elections, don’t you?
It’s about big advertising dollars and they can’t let the action flag til the very end, else the viewers will go away. It’s like Wheel of Fortune or Jeopardy. No matter how well someone does early-on it all comes down to the last puzzle or clue after the last commercial ad break.
Seriously, consider that winning American presidential elections (and increasingly Congressional elections) is about big big money. Where does it come from in sufficient amounts? Does my giving $5 to somebody tilt the scales? Nope. It takes millions. For a long time the Democrats received a lot from wealthy American Jews. When the Neocons were kicked from the party there was probably a drop in funding. [ Somebody needs to check me on this sheer speculation. ] In the 90s Bill Clinton went out west and asked computer companies to help out and put less emphasis on Jewish contributors. Where did they go? They dropped in on Reagan & friends and were pushed aside (for a while). Some time later they found a home with Dubya. Now we’ve got foreign policy designed by Netanyahu, Halliburton, Exxon and all the other bloodsuckers who are using America as their tool. Remember, Cheney even went to Saudi Arabia to ask them what policy we should follow in Iraq (wild-eyed speculation, but likely).
So, what I’m saying is the Republican Party allowed itself to be used as a vehicle, letting the AIPAC people use our government and military for their purposes in the Middle East, so Republicans can get Jewish money forever. Dems better get California Silicon Valley money and that may explain why California is maybe moving their primary up front ahead of New Hampshire!
Too many payoffs? Rotten speculation on my part? Perhaps. But, just consider these possibilities as possible underpinnings to the plans executed in public. Were the Republicans saying they had it locked up because they were going to have money out the wazoo (and ya know how they consider that the golden road to victory)?
Somehow I don’t feel the vast American population is being taken for a ride — it feels more like they’re being run over by the whole process.
I wonder how much Jewish money Hillary will get for her campaign? It would be interesting to know if they’ll give Dems anywhere near as much as they give the next Repub presidential candidate?
Hey, I don’t blame them for using our political process to get what they want. It’s just their national survival at stake. We’d do the same if we had to. BTW, I think the green-line wall is a great idea. If the Palestinians can’t attack then there’s no justification for the Israelis to occupy the West Bank or attack there. It should bring peace, even if the locals don’t want it. Whose idea was it anyway?
Go Green Line Wall! Give Peace a Chance!
I’d have bet on the Pats, despite Brady’s sinful Republicanism. But, after watching a while and seeing Indy score a goal after it was clear the guy’s knee was down before he got the ball over, I said forget it, it’s rigged for Indy to win. It’s their time to move forward.
rant mode = off … for now
I’m far more interested in Fitz’s opening than in Team Libby’s. The MSM should just print the damn thing word for word, since they’ve been so utterly incapable of explaining this thing on their own.
It is simple if you ignore the complexity. Look at the recent changes to the Insurrection Act and Posse Comitatus Act by way of the Congress approved MCA and 2007 Warner Defense Auth bill.
I guess that conspiracy category would preclude any action for legal removal from office?
Anyway, a fairly clear pattern of assuming authority and extra-ordinary power has been based on terms of defense of the public/nation/security and also usually exempt from accountability due to ‘time of emergency’. I would be surprised if it isn’t used as often as possible.
rumi @ 160
I guess that conspiracy category would preclude any action for legal removal from office?
That is really scary. Just what sort of “incident” would it take to set these guys off?
Legal removal from office sounds awfully like it might be enough.