(Many thanks to the great folk at PoliticsTV for taping the after-trial wrap-up for us. You guys are the best! -- CHS)
It's week two in the Scooter Libby trial. Marcy has done a great job of live-blogging todays testimony. Today was my first day at the trial. I spent most of it in the courtroom, seated behind Mrs. Libby, and some in the media room. There were a lot of veteran PlameGate reporters on hand: David Corn of the Nation, David Schuster of MSNBC, Michael Isikoff of Newsweek, Byron York of the National Review and John Dickenson of Time, to name a few. Also following the action: Kelly O'Donnell of NBC News, David Stout of the New York Times, Nina Totenberg of NPR.
Being in the courtroom has advantages and disadvantages. On the plus side, you get the big picture, being able to watch the interaction between the prosecution and defense teams, Scooter Libby and his lawyers, the jury and the Judge. You also get to see what seems of interest to the jurors, what they smile and laugh at and what doesn't faze them.
On the minus side, it was stifling hot, many of us (including the Judge at one point) were using paper to fan ourselves and if you leave while court is in session, you can't get back in. Also, you are reduced to handwritten notes since no laptops are allowed in the courtroom. This is not a high-tech trial. The lawyers aren't tapping away at computers. The exhibits aren't fancy. There are a lot of assistants on both sides.
Now for the substance. Cathie Martin, Cheney's former press secretary, was the first witness of the day, where she underwent cross-examination by Libby lawyer Ted Wells. He took her through a chronological version of her testimony from last week.
If there was anything new, I didn't learn it. If he had a point, I didn't get it.
I think he was trying to show that none of the Administration's talking points involved Valerie Plame Wilson. She also said she didn't discuss Plame's CIA employment with Libby during July. Wells tried to get her to say that she didn't hear the entire phone conversation between Libby and Matthew Cooper. But, it fizzled because she insisted she was in the same room as Libby for the whole conversation, she just was talking on the phone during some of it and Libby was reading from the Administration's script the whole time.
So, according to Martin, there was nothing ad-libbed that she would have missed. I was really hoping Wells would end on a high note, leaving the jury to ponder a bone of contention that could amount to a reasonable doubt, but he ended with a housekeeping matter about document identification.
After Martin, which was dullsville, Ari Fleischer took the stand. Compared to Martin, he was a compelling witness.
He also was unshakable in his assertion that Scooter Libby told him at lunch on July 7th, the day he left for Africa, that Wilson's wife suggested him for the Africa trip and that she worked in the CIA's counterproliferation division. He said Libby told him this was "hush-hush" and on the QT.
Ari was a polished pro. Rather than directing his answers to Zeidenberg or Jeffress, he turned to the jury and spoke to them directly, gesturing with his hands. This is a trick FBI agents use. When it happens in my trials, I ask the judge to instruct the witness not to direct his answers to the jury, but to the lawyer asking the questions. Either Judge Walton would not have entertained such a motion, or Team Libby didn't think of it. After a while, it got obnoxious watching Fleischer suck up to the jury.
Jeffress was a good cross-examiner, he had his facts down and it was easier to follow where he was going than it was with Wells and Martin, but he failed to trip up Ari. The whole issue of Ari's immunity fell flat, there was no attempt to show Ari had committed a crime and Ari took full responsiblilty for having leaked to reporters, although he made a point of saying several times, he had no clue Plame's status may have been classified.
In fact, he testified, "never in my wildest dreams" did he imagine she was a covert agent in the intelligence section of the CIA.
Ari used communicator type words, to say he was "horrified" that he might have a role in exposing Plame. He explained Dan Bartlett's statement to him on Air Force One about Wilson's wife being behind the Niger mission and working for the CIA as an extemporaneous utterance by Bartlett, not particularly directed at him. Ari was more interested in the document he was reading at the time, and didn't pay much attention to Bartlett, since he had heard this before -- from Libby.
Ouch.
Jeffress was trying to show that Ari told David Gregory of NBC News and John Dickenson of Time about Plame's job and supposed role in sending Wilson to Africa -- the inference being, that maybe Russert really heard about Plame from Gregory while Dickenson may have been the person who told Matthew Cooper. But, it was a balloon that didn't take off. I expect they will return to this theory during Russert and Coopers' testimony.
At the end of the day, Cheney former counsel, now his Chief of Staff [mod/ ed. note: David Addington] took the stand. He was friendly, not hostile yet seemed to bury Libby. He said that between July 6 and July 14, Libby asked him if the President could order material declassified and whether there would be a paper trail if a CIA employee's spouse went on a trip. He also said that at one point in the conversation, Libby used his hands to gesture him to speak lower.
Judith Miller testifies tomorrow. Fitz says he won't introduce Scooter's Aspen letter in his case in chief. At this point, Team Libby's defense isn't focused enough for me to predict where they will go with her. So tune in to Marcy's live-blogging and back here tomorrow night, and we'll all find out together.
Many thanks to the Firedoglake community for the opportunity to attend the trial. It's been great fun and hanging with Marcy is a treat. (To be cross-posted later at Huffington Post and TalkLeft.)
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WoooHooo! Fitz!
Yay Marcy!!! Brava on another great day of live blogging!!
Thanks to Jeralyn for going into the lion’s den, too!
Blog Wars 2!!!
So basically Scooter ‘I forgot’ Libby is Rosemary ‘18 1/2 mins.’ Woods in male drag?
See Dickerson at Slate today. Quite a pushback at Ari!
FITZMAS !!!
Great job liveblogging!
The prosecution is not introducing the Aspens letter? That’s a bit of a surprise, since the letter makes Libby look like he was trying to shape Miller’s testimony. I wonder why decided on that?
Two more brave, beautiful and super intelligent women on fdl’s first string - Marcy and Jeralyn. Great interview. Jeralyn’s eyes are so animated too.
At the speed things are moving in the USA, Howie Klein needs to start thinking about running both these women for U.S. Congress in ‘08!
Did Jeralyn Merrit’s almost say Skibber Looty?
What a great Bushco name.
pontificator @
7
They can always charge him with obstruction later.
Rock Stars! I loved the YouTube, now I have to go back and read the post.
Olbermann wants to know if the Hill “went off to loosen-up boot camp” and if that’s perhaps where her ‘evil-man’ joke came from? Tee-hee.
I have to get a life!!
No, this is so important to me.
I still may have to shoot my computer.
Many, many thanks to FDL.
I think Ari pretty much buried Scooter today. I just don’t see how Team Libby can recover from this.
I hope Libby gets nailed, but I can’t stop thinking that somebody in the White House should be getting tried for revealing the name of an undercover operative, a treasonous offense.
THANK YOU (both, all, etc!) for getting the story out…
Jeralyn, this morning there was speculation that you were talking with Barbara
Crush the oppositonComstock. Is there anything you can tell us?Great post, Jeralyn.
Wells made a mistake, and Fitz jumped on it. Wells wanted the jury to think Martin heard/knew everything Libby said and did, and since she never heard him mention Plame (she wasn’t in the official talking points) then Libby never mentioned Plame. But Fitz re-direct walked Martin through all the other things Libby said/did and asked, “did you know about that?” and her answer was no, no, no, no. Conclusion, Libby didn’t clue Martin in on the bad stuff; only on the public sanitized stuff. So Well’s point merely laid the ground work for Fitz to hammer home Libby’s duplicity. I expect he’ll use than in closing argument.
Worth an edit to the post?
“At the end of the day, Cheney former counsel, now his Chief of Staff, David Addington took the stand.”
Thank you, Jeralyn and Marcy!
Really appreciate the explanation on Steve
Unitary ExecutiveAddington’s testimony. It wasn’t as clear to me when I was reading emptywheel’s blogging, how much he was burying Scooter. This couldn’t happen to nicer people.Re Addington, and this:
At the end of the day, Cheney former counsel, now his Chief of Staff, took the stand. He was friendly, not hostile yet seemed to bury Libby. He said that between July 6 and July 14, Libby asked him if the President could order material declassified and whether there would be a paper trail if a CIA employee’s spouse went on a trip.
FWIW, neither of the two other livebloggers made any mention of “spouse”, “wife”, or anything like it in their account. Here is Marcy Wheeler:
From that version, Libby might simply have been loking for documentary proof that the CIA (rather than, for example, OVP) had sent Wilson.
Here is Rory O’Connor:
First off, let me say - Thank you, THANK You!, THANK YOU!! and that goes to ALL.
This is what piques my interest (besides the obvious bombshells):
Anything you can share about their reactions to various and sundry testimony or questions asked? I’d love to hear about it, to get a feel for what they’re like as a group.
Redirect on Martin was brutal for the defense after Wells’ lameass cross. I almost felt sorry for Wells (not Libby).
Jeralyn,
Sorry if I am making the attorneys angry, but every time I have been called as a witness, I answer directly to the jury. Or directly to the Judge or Tribunal if that is the setting.
I’ve never been called on it and really think it is the fair way for a witness to testify.
Terre @ 24
I was in the courtroom pretty much all day.
There were no notable “ooh” or “ahh” reactions, but they are taking notes, paying attention and handing in questions to Walton for witnesses on the index cards they are provided.
These people are engaged.
global yokel @ 15
one brick at a time… as Christy pointed out right before the trial started. We’re several bricks along the way already.
Pachacutec @ 25, Wells will have to count his money to console himself. Pity!
Scarecrow at 5:47 pm
Thank you very much scarecrow, very helpful.
Firedoglake TEAM COVERAGE
When Your Government Breaks, We Fix It !
P.S. Keith just ’sampled’ my cootie joke from the last thread :o
Pachacutec @ 25
What would it take for you to feel sorry for Libby, Pach?
Frank Probst @ 14
I just want to say that the defence has not had a chance to present its case. However much we know/want Libby to be guilty, it’s too early to say it’s over. If they had no case, I doubt they would have allowed it to come to trial but would have made a deal, whether they hope for a pardon after this or not.
I have been fascinated with the way the media spins the reporting on cases since I followed the OJ trial back in the 90s, while I was also studying molecular biology.
Regardless of whether you agree with my sentiments or not, I am sure you all join me in thanking FDL, Jane, Christy, Marcy and all the others involved in bringing us the ringside action of the trial as it happens. It’s truly historic and it shows the MSM up for the sham it has become.
Pachacutec at 5:48 p
Really appreciate your observations Pach.
Ed*ard Teller @ 32
Gitmo. I hate prisoner abuse. I even hate prison rape jokes.
Tom Maguire @ 23
Love you dearly, Tom. But you seem to have forgotten the spot where Addington says he thought all this referred to Wilson.
Also, David Addington is not on trial for not knowing about Plame. Libby is on trial for knowing that he knew about Plame–but lying and saying he didn’t. Addington is one piece among many that Libby did know–probably knew when Libby claims to have forgotten this stuff.
Libby Trial: Fleischer Tags Libby and Confesses Leaking… David Corn
Taking the witness stand in the Scooter Libby trial on Monday, Ari Fleischer, President George W. Bush’s former press secretary, could not rely on his old friends, spin and deny. Instead, he shared an account that harmed Libby’s defense, that spared the White House a new embarrassment, and that created a riddle.
http://www.thenation.com/blogs.....pid=161614
Very important point, and one I try to weave into all my writing.
John Casper @
22
John -
Didn’t you mean to say
SteveDavid Addington’s testimony? You might have been thinking of Stephen Hadley as you were typing your comment.Given David Addington’s apparent penchant for unilateral executive authority and given that he is Dick Cheney’s chief of staff, I would like to hear more about the reasoning behind having him appear as a witness for the prosecution.
Case in chief? Meaning, that it’s still on the table, but he doesn’t anticipate presenting it? Man - would I love to hear him ask Libby questions about it.
Bush: My Attitude on Iraq Is Same As Lieberman’s
NPR Posted January 29, 2007 04:24 PM
http://www.huffingtonpost.com/.....39929.html
Dickerson at Slate disputes Ari’s testimony.
Excellent job. Keep up the good reporting.
Off topic - but I can’t seem to stop crying…and I don’t know why…
Rest In Peace Barbaro. I hope you and Secretariat are side by side in the third tonight, wnerever you are.
One more nugget of hope in the world, gone. In a world seeming more hopeless every day.
Again, rest in peace, Barbaro. You were a good, brave boy.
Pachacutec @ 38
I wonder to what degree their arrogance and “untouchability” let them to think that this was worth taking to court?
Thanks for all the hard work! The comments on these threads are very insightful, so I can’t say thank you enough to everyone.
What a pleasure to see these videos. It’s such a change from regular TV coverage. Can anyone imagine two network correspondents sharing a mic? The substance of the story comes through with Marcy and Jeralyn. Of course it’s a matter of their expertise, but it’s also not having to endure ordinary packaging of TV journalists as “personalities.”
Scarborough is saying that Bush is facing a total revolt by his own party. And that we are going to war with Iran.
Oh, my. PIGboy at 43.
Suppose it becomes evident at some point to everyone that Libby is going to be convicted. (We may already be there.) Could Libby go to Fitzgerald before a verdict is reached to say, “Well, I’ll give you Rove, Cheney, Bush,… if I can walk, or at least take a much lesser sentence.” One sees this sort of thing on the various crime dramas, but I have no idea if this is realistic.
Libby can be as loyal as he wants to be, but most people would give up someone who had betrayed them first, especially if they were looking at five to ten years behind bars…
Terre @ 40
Meaning, prosecution won’t bring out the Aspens letter on direct but reserves the right to use it if necessary on redirect or at some later point, if they think it’s material.
Thanks Stephen, CPA.
You guys are great on video! Thanks so much for this, Jeralyn. So happy to have you a part of it.
That is a great, polished video.
Wheeler and Merritt, the dynamic duo. Bravo!
John Dickerson now says Ari lied today about his conversation with him and David Gregory!
Is Dickerson just bitter that he wasn’t considered important enough to testify?
Or did Ari deliberately “misremember” his interactions with Dickerson and Gregory to undercut the prosecutor’s case and interject the issue of “faulty memory” without Libby having to testify?
With his immunity deal in place, Ari was pretty much free to say anything that could not be directly proved as perjury. If he “remembers” revealing more than he actually did reveal, he isn’t placing himself in any jeopardy at all.
Am I paranoid that this was a chess move that Fitz didn’t expect?
My party, the Dems, are failing on Iraq and Iran. Thus far. I’m f’ing pissed.
Thanks Pachacutec@27
Engaged is good for me. That they’re even able to follow it, especially with all the dates going back and forth, gives me a measure of comfort.
To anyone, and I have to ask at the risk of sounding like a dumb bunny, but have we EVER heard of ANYONE ACTUALLY saying that Valerie worked in the CPD? News reports, etc.? I don’t recall any confirmation of that fact in the past, but I could have forgotten.
Dover Bitch @ 42
I’ve heard Dickerson interviewed a lot on Franken’s show and he strikes me as a tool living off his mom’s name. Just my impression. YMMV.
In fairness, Dickerson’s credibility is not above question.
xxxx
You would think that David Corn (linked above) would know that Fitz in not Fitzpatrick!
snip
Once again, Fitzpatrick had a witness testifying that Libby had obtained information on Valerie Wilson and had passed it along.
RevDeb @ 58
It is somewhat ridiculous that Nancy Dickerson’s son, wrote about George H.W. Bush s son’s Press Secretary:
Pachacutec @ 59
Thanks for that. Confirms my suspicions.
Guitar_Playing_Bastard @ 44
Thanks for putting into words what I’ve been feeling all day. Rest well, Barbaro!
re: Bush saying my position on Iraq is the same as Leibermans.
Yes. The president is an expert on the Middle East. He’s followed the Buckeyes for years.
And as for this FDL Libby coverage: Zowie! one million thanks!
Dover Bitch @ 62
Irony. Something this administration totally does not get.
Buchanan on Scarborough praises Gore and Feingold for being against the Iraq war. Buchanan was against going into Iraq as well.
The White House does not indulge in nepotism unless the “nepots” are true blue Republicans.
To John above, I did not talk to Barbara Comstock today. I mostly talked to reporters, and of course, to Marcy and Pac.
Fl President walking toward second event. Meeting with young children who were going to sing songs. A group of reporters on the side of the road. I recall I said to these reporters, If you want to know who sent Amb Wilson to Niger, it was his wife, she works there. Tamara Lippert Newsweek, David Gregory and John Dickerson, Time Magazine.
From live blogging libby live one.
He was with the president when he told Gregory. I just would like everyone to note this sentence. The president knew. Now did he tell this to fitz??? Or did he lie??
Is the text of the farewell letter written by Libby to Fleischer available online anywhere? If so, can anyone provide a link?
Why did Scooter Libby quote LA Confidential’s “Off the record, on the Q.T., and very hush hush” tagline?
It would be irresponsible not to speculate. But to summarize, I believe:
Valley Girl @
20
Addington obtained a much larger office!
Has Gregory denied that Ari talked to him and Dickerson as Fleischer testified?
RevDeb @ 63
I’d sure like to know David Gregory’s recollection of Ari’s statements about Wilson’s trip to Niger!
Sally @ 74
Gregory has made no statement that is public. He currently refuses comment.
Stephen Parrish, CPA @ 39
Fitzgerald’s case at least up to the present seems to have two prongs.
The first consists in showing that Libby was exposed to the information about Valerie Plame –by government officials, including the Big Dick himself(and not reporters) and that this occurred before he said it did.
The second is that he did remember it because he made use of it –in conversations with other government officials, such as, for example, Addington today.
What an ugly web we weave, when first we practice to deceive. Thanks, Mom.
Oh, Jeralyn, what a wonderful word picture you’ve painted. I now understand Fitz’s choice of Ari to tell the story — using communicator words.
And the gentle Bartlett AF1 cameo, with Ari reminding us how it really feels when you hear something for the second time that you already know….
I was surprised by how sad I felt at Barbaro being put down today.
Don’t know why except he clearly had a lot of “heart”
I guess we were all hoping for another Seabiscuit - it does feel a lot like the 30’s, doesn’t it?
wrt the Africa trip, wasn’t there some kind of big global convention in Africa at the same time that Bush & Co were there? I think it was on the environment. I remember thinking how wierd it was that the 600 members of the Africa trip never stopped by.
Pach @ 76, interesting that people like Gregory who earn their living by insisting that people comment will not comment themselves.
A Blast from the past…
Bush Directed Cheney To Counter War Critic
President Bush told the special prosecutor in the CIA leak case that he directed Vice President Dick Cheney to personally lead an effort to counter allegations made by former Ambassador Joseph C. Wilson IV that his administration had misrepresented intelligence information to make the case to go to war with Iraq, according to people familiar with the president’s interview.
Bush also told federal prosecutors during his June 24, 2004, interview in the Oval Office that he had directed Cheney, as part of that broader effort, to disclose highly classified intelligence information that would not only defend his administration but also discredit Wilson, the sources said.
But Bush told investigators that he was unaware that Cheney had directed I. Lewis “Scooter” Libby, the vice president’s chief of staff, to covertly leak the classified information to the media instead of releasing it to the public after undergoing the formal governmental declassification processes.
Bush also said during his interview with prosecutors that he had never directed anyone to disclose the identity of then-covert CIA officer Valerie Plame, Wilson’s wife. Bush said he had no information that Cheney had disclosed Plame’s identity or directed anyone else to do so.
http://news.nationaljournal.co.....703nj1.htm
What pronunciation are they going with for Niger? Nigh jer or Knee zsair? Or does everyone say it differently?
ok. tinfoil hat time. my cell phone has been acting funny all day. going on and off all by itself. :}
Sally @ 82
I’m sure he’s acting on advice of counsel, though I have no independent confirmation, just common sense and intuition.
Everyone in this adminsitartion, it seems, has lawyered up, and half the press.
David Addington, attack dog for Cheney:
Addington goes after whitehouse.org (click on letter) (letter)
katie @ 70 says:
He was with the president when he told Gregory. I just would like everyone to note this sentence. The president knew. Now did he tell this to fitz??? Or did he lie??
Ari never explicitly said if W heard him or if Bush knew. My hope is the answer to this does ultimately come out. What W told F would certainly become very important at that time!
Just speculating here of course, but it seems hard to imagine W wasn’t in the loop by the time Ari told Gregory . Seems the whole plane knew about the wife - including Bartlett and Condi. Surely they would have informed him? My guess is he knew long before that, even!
hackworth @ 84
Nigh jer is the English pronunciation.
Knee zsair is the French pronunciation. Niger was a former French colony and I would suppose that most of its elites still speak French.
JULY 8,2003: His trip coincides with the annual summit of the 52-nation African Union. He has chosen not to address the gathering reminding many of the 2002 Earth Summit in South Africa which the president declined to go to and the World Racism Conference in South Africa two years ago where the U.S. sent no official representative.
http://www.cnn.com/2003/WORLD/.....index.html
hackworth @ 84
Mostly Nigh Zjer. Kind of bugs me. I’ve got a good friend who did her grad work there, so it’s always been Knee Zjer to me.
Hey EW, your eyes were really sparkling in that video!
stingray @ 88
Hell, it was like a kegger at a frat party on that plane. Pearl necklace gifts, football talk, football man, running the bus over malcontents, cuttin’ up and havin’ a good time.
The boy king knows how to party.
I haven’t had a chance to read today–we had issues with Son in Ohio’s school, among other things. So thank you so much for the video.
Pach, it’s a sad commentary that so many press people in this saga have had to “lawyer up” for one reason or another.
I am sure that you all have seen this, and probably mentioned it in a previous comment thread, right?
from Editor and Publisher (E&P)
Pachacutec @
76
I can imagine that Fitzgerald will ask his investigators to have a serious chat tomorrow with Dickerson about exactly what was said during that roadside walk with Gregory and Fleischer. And Gregory may also be called in to review his recollection. It’s also hard to see now that the defense would skip calling Dickerson, from the point-of-view that at least one other person’s memory is fuzzy on the facts of that week
Feingold says today:
Americans are not looking to Congress to pass symbolic measures, they are looking to us to stop the President’s failed Iraq policy. That is why we must finally break this taboo that somehow Congress can’t talk about using its power of the purse to end the war in Iraq. The Constitution makes Congress a co-equal branch of government. It’s time we start acting like it. We have a moral responsibility, as well as a responsibility to the brave troops whose lives are on the line, to end the war. We can and must force the President to safely redeploy our troops so that we can get back to focusing on those who attacked us on 9/11.
I am getting sick to death of my party. Oh… and angry too.
Why has Libby not been indicted by Fitz for leaking her name, I mean look at this testimony.
JULY 2003 BUSHISMS:
“It’s very interesting when you think about it, the slaves who left here to go to America, because of their steadfast and their religion and their belief in freedom, helped change America.”—Dakar, Senegal, July 8, 2003 (Thanks to Michael Shively.)
“My answer is bring them on.”—On Iraqi militants attacking U.S. forces, Washington, D.C., July 3, 2003
Can I just mention how fabulous and unprecedented this post/reporting/rootzvideo report is?
FDL makin history here.
And all for the people. Great job done by about 10-12 people and supporters to get un-spun take on reality.
The Constitution and America itself: still working despite the “government”.
Prof @ 96
Yes. This is super cool. Emptywheel - you are fabulous and smart!
Guitar_Playing_Bastard @ 44
why gpb, you ol’ softy.
i never would’ve guessed.
RevDeb:
Aren’t those attributes their guiding principles? I’m not sure they can make any decision without every degree of their arrogance and “untouchability.” Masters of the Universe — remember “we make our own reality?”
It’s great to be them — except when it sucks, like it’s starting to.
Pachacutec @ 85
Why would Gregory need to lawyer up if all he did was receive leaked confidential information, and did not report it?
Apparently Dickerson has no counsel telling him to shut up!