(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!
The account by Dickerson is interesting because it reminds us that there were two ways of disclosing Plame’s identity and position and the Administration used both. The most direct was to simply tell reporters that Wilson was sent by his wife, who worked for the CIA in the CFD. But they also pointed more than one reporter in Valerie’s direction, by suggesting to other reporters that they should go check at the CIA to find out who sent Wilson. Ari used both approaches, and it seems logical to suspect that both were calculated strategies — use one on some reporters; use the other, more subtle approach on others; and it’s possible he confused which message type he used on Dickerson (who says it was the second).
But here’s the point. Ari knew that when he pointed reporters in that direction, they would discover that Plame had a role and was married to Wilson. Whoever gave this instruction to Ari, the messenger, probably knew her position in the CPD. so this was the subtle way of exposing her without having their fingerprints on the deed.
It’s not clear to me that there is any legal distinction, and certainly not a moral distinction, between the two types of disclosure. Both had the predictable effect of exposing Plame, to whom all WH officials owed a duty of care in concealing her identity and position.
IIRC, Condi Rice, on the Africa trip with Ari, also used the second technique – urging reporters to go to the CIA and ask who sent Wilson — so she apparently knew what Ari knew, that the end of the reporters’ search would lead them to Valerie Plame, Wilson’s wife. And she was NSA, so she should have known the sensitivity of that position at CIA. Equal culpability for Rice — did she get/need an immunity?
this is the scariest thing we’ve seen to date, please take note
http://www.rawstory.com/news/2….._0129.html
RAW STORY
Published: Monday January 29, 2007
Print This Email This
President George W. Bush has given his administration a boost in how the government regulates key issues such as civil rights and the environment, The New York Times will report on its Tuesday front page, RAW STORY has learned. The story has not yet moved on the front page of the site.
My point is that fitz interviewed the pres. I wonder if there is evidence or if Ari could testify to the president’s knowledge of this discussion?? If I were fitz I be having a hard time believing the president didn’t know.
Go you wonderful women go! Are you comfortable at the FDL house? I know this is business of live blogging must be tiresome for you and I hope you have refuge sufficient to relax and have peace. Thank you so much for your efforts My donatation was given in the hope of truth prevailing and it is unfolding right before my eyes.
becca @ 99 Why has Libby not been indicted by Fitz for leaking her name, I mean look at this testimony.
Some of us think this case is an opening salvo to “clear the air” and it will lead to more charges. In Illinois Patrick Fitzgerald relentlessly worked his way up the chain, from a simple bribery case involving driver licenses, all the way to the Governor – who he ulimately nailed on corruption charges.
That took years but in this case he’s starting already close to the top of the pyramid, and so if there’s signs of foul play coming out of this he won’t have far to go since the signs all point UP.
:)
steelthing @ 109
You are such a sweetheart!
Terre @ 40
It means, more likely, that he might use it in cross-examination, or in his rebuttal case.
Jeralyn@89
Speaking of Barbara Comstock, I had to go to the hardware store today to get some sandpaper. The clerk asked me if I wanted 60 grit. Guess who immediately came to mind? Ole 60 Grit herself.
ccmask 90 –
Really — the pitiless arrogance of these people to spend all our money traveling to Africa year after year co-incident with events attended by and important to the leaders and crucial to the future of the people of Africa and NOT GO.
Just want to add my “thank you” to EW and Jeralyn for all the effort they put forth for us. Great job!!!
perris @ 107
he’s doing what;s necessary to declare congress obsolete, to render the fourth estate impotent and possibly declare himself the commander in chief until the war on terror is over
this is scary scruff
seenos @ 105
Lawyering up is not an admission of guilt (assuming that DG has even hired one). Many people hire lawyers just because they are witnesses and are being questioned by prosecutors or are going to testify before a grand jury. It’s a cautious thing to do.
“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.)
F*ckin-ay! Interesting indeed. My steadfast and my old time religion is what gets me up in the mornin’.
You know what? Bush is right. Slavery really did change America. Though, his choice of words indicates that the slaves of whom he speaks just packed up their bags and came to America of their own volition.
The man is brilliant beyond words.
RevDeb @
63
anyone tempted to provide a nickname for the questionable John
Dickerson?
Scarecrow @ 105
Excellent Point!
If Ari remembers it as a disclosure versus a “hint” (as Dickerson describes it), then it’s a disclosure. Too bad if Dickerson just didn’t get the hint!
[Following on the earlier posts of Caoimhin Laochdha and litigatormom:]
In his testimony today, Addington cited the U.S. Supreme Court case ‘Dept. of the Navy v. Egan’ for the proposition that the President has authority to declassify information unilaterally.
The Egan case arose from the ‘bowels’ of the executive branch (as Condi would say), not from an action at the Presidential level. It was a 1988 decision involving a laborer at the Trident submarine facility in Bremerton, Wash. They yanked his security clearance for his failure to disclose two firearm convictions on his employment application.
It was viewed as a civil liberties and employment question – whether national security trumps civil service protections. The ACLU and AFL-CIO filed amicus briefs.
The decision was written by Nixon-appointee Harry (Roe v. Wade) Blackmun, joined by Rehnquist, Stevens, O’Connor, and Scalia. The court found against the laborer, saying in the language useful to Addington that:
‘The President, after all, is the “Commander in Chief of the Army and Navy of the United States.” U.S. Const., Art. II, 2. His authority to classify and control access to information bearing on national security and to determine whether an individual is sufficiently trustworthy to occupy a position in the Executive Branch that will give that person access to such information flows primarily from this constitutional investment of power in the President and exists quite apart from any explicit congressional grant. … The authority to protect such information falls on the President as head of the Executive Branch and as Commander in Chief.’
But Blackmun also said in his very first paragraph that the case involved a ‘narrow question’, and (as Caoimhin Laochdha noted), that such determinations ‘must be made by those with the necessary expertise in protecting classified information’.
White dissented, joined by Brennan and Marshall. (Justice Kennedy did not participate.) The dissenters saw the case as a matter of statutory rather than constitutional authority, saying that the ‘statutes already provide a procedure that protects sensitive information without depriving federal employees of a hearing into the underlying reasons for their discharge.’
Addington was indeed extrapolating from the facts and language of Egan to assert unilateral presidential declassification authority.
The case concerned a low-level security clearance, not classified information itself. Incurious George’s disastrous track record demonstrates that the decision should not be used as a basis for a President to bypass his/her national security professionals.
The Egan case also illustrates the importance of Supreme Court justices – will they be people like Scalia and Rehnquist, or like Brennan and Marshall?
ccmask @ 100
“their religion”?
I guess african slaves were kinda the pilgrims
that has got to be one of the dumbest thing’s tinpot ever said.
karen allen @
113
minor correction: “Ole 60 Grit” is Kate O’Bierne’s diminutive. perhaps “Blabs” would work for Barbara Comstock?
tiredfed @ 85
Hope all this is of no relevance to you or your phone, but -
is your cell gps-capable?
IIRC, an active cell localizes one to a cell “coverage area”. An active gps-capable cell phone localizes one to the resolution of the gps sensor (damn sight tighter than the “cell” footprint.)
A few years ago I was instructed that activity (incoming/outgoing) re-localizes the gps location in an active cell phone.
(turning off the unit won’t reliably deactivate: removing batteries will)
Hence my ancient cell phone.
May your back only be watched by friends.
There is a new thread upstairs
New thread
Colleen military mom @
13
Military Mom,
Best wishes for your military child. All FDL is doing is the best. Thanks.
dmg @
103
When it comes to animals, I’m the biggest weenie alive. I don’t have any use at all for most people, but Barbaro was a trooper, and his owners, who knew he had no chance to ever race or even be put out to stud, spent thousands of dollars on Barbaro, not to protect an investment as some shitheads have accused them of, but because they loved him. They wanted him to haver a happy life in a field in Kentucky. I guess I wanted, more than I realized, for him to have that happy life, too.
Having nursed an animal in a hopeless cause myself, at knee-knocking expense, for no other reason than to try to give that animal a little more happy life, I guess I felt their loss in a very personal way.
I know most won’t agree, but as far as I’m concerned, animals are better than people. My cats will never tell me they hate me because I won’t buy them an iPod or a Wii. They just purr and snuggle on me (sometimes pushing me off the damn bed) and love one me. All I have to do is be a responsible pet-daddy. When the rub on me, it’s just the purest love I’ve ever felt.
I will miss Barbaro. He was a good boy.
Punaise: Sorry. I get my Grit Girls confused sometimes. They all blend together.
steelthing (109) — I want to express my undying gratitude to you for your donation to FDL and Plame House. This heinous collection of actions against the American public’s interest, manifest in the singular case of the outing of Valerie Plame, has infuriated me to no end for years now. I am so grateful to you and to FDL, Next Hurrah, Needlenose, DailyKos, all the FDL contributors and supporting donors, for doggedly pursuing this case and others like in an effort to restore our democracy.
Thank you all so much for your aid and sacrifice.
Watson, Caoimhin Laochdha and litigatormom — appreciate greatly your examination of Egan. IANAL, but I cannot see how Egan, a case affirming Executive power over a particular situation occurring within the Executive Branch’s function, could in any way be interpreted as granting that same power over anything governed by the other branches.
But maybe that’s the point: it’s common sense, right there in the plain sight, obvious. And David Addington is simply off his rocker to refer to Egan as justification…?
ATTENTION.
Booman has an article indicating either Ari or John Dickerson are lying about their interaction in Uganda!
http://www.boomantribune.com/s…..192549/075
Since Dickerson will be in court tomorrow why don’t you ask him about this? Seems like a huge deal.
karen allen @ 129
ain’t that the unvarnished truth about these abrasive types… :~)
patience (131) — what a coincidence, that’s the same topic covered in the next thread upstairs!!
edit: agh, my bad, it’s about the Yellowcake…but it’s by eriposte so it’s going to be good.
Wow, a wealth of riches, Booman and eriposte with posts about the trial!!
John of Cal said:
“their religion”?
I guess african slaves were kinda the pilgrims
that has got to be one of the dumbest thing’s tinpot ever said.
They didn’t bring Christianity with them – that’s for sure. Though they learned some Christian ways the hard way on the boats on the way over. Dubya mighta been referring to the various tribal religions they’d had back in Africa – Not!
perris @ 116
he’s doing what;s necessary to declare congress obsolete, to render the fourth estate impotent and possibly declare himself the commander in chief until the war on terror is over
this is scary scruff
Careful there, I was accused of harboring conspiracy theories with similar comments. Evidently the power grab is bogus and the Democrats will take care of everything after 08.
lambert strether @ 72
On the q.t. means quietly and has been used since 1884 and did NOT originate with the movie.
Oklahoma kiddo @
4
Whoa! Just how old are You! (chuckling)
It’s so good to be back here to listen to you and read your reports. I’ve been in a wireless free zone (screwed-up bluetooth) for a week, and virtually nothing in what passes for the local newspapers in the neck of the woods I was visiting. So many criminals, so little time.
Has anyone found a link to Libby’s ‘aspen letter’ to Ari?
Guitar_Playing_Bastard >
He had a spirit that touched all that were paying attention; a spirit not unlike that of all true Americans. Fight the good fight w/spunk and skill.
May the grass be the sweetest ever where he rests.
“Fire is the test of gold; adversity, of strong men.” — Seneca
Thanks litigatormom. I do appreciate it. I was sorta right then, so I can still hope. And thanks to Pachacutec’s reply @ 50.
Wordsmith @ 139
Has it ever been published? I didn’t even know about it until the trial today. Did I miss an important bit of news way-back-when?
Hi, everyone.
I’m posting an index to the Firedoglake live blogs at Politics Plus Stuff. If you want an annotated index, that is what I am providing. You get a daily numbered list of links to emptywheels’ paraphrased recitation of the actual testimony [Marcy - Great Job!] as well as links to the summaries by Christie and SWOPA. I am also trying to include a short bio of the major individuals testifying each day.
For an addict like I am, this is (I hope) the information you need to follow the detail report of the testimony. Go check it out.
Oh, and let me know what other blogs provide interesting analysis and summaries, and I’ll add them.
If you find that my blog interests you, bookmark me at Politics Plus Stuff.
If there is more information I could add to make following this easier, leave a comment.
If you object to this blatant blogwhoring – Hey! How else am I going to determine what you folks need to read? Sure I want more traffic, but I won’t get it without giving you what you need. So educate me. OK?
Direct me and I’ll work for you. That’s how this publishing business works.
Terre @ 142
I thought it was mentioned in Marcy & Jeralyn’s videocast above. Though it’s termed “a similarly weird letter” as that Libby sent to Miller.
Frank Probst @ 14 I think Ari pretty much buried Scooter today. I just don’t see how Team Libby can recover from this.
I did not come to praise Scotter, I came to bury him.
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.
If you get a chance tomorrow during a break, ask Byron York what if anything he adds to political discourse in this country beside endlessly repeated factually incorrect talking points and an almost fanatical devotion to the
popeRepublican party.Frank Probst @ 10
So just in case Scooter wins on appeal, or Bush does a pardon, Fitz can come right back and still nail him?
Scarecrow @ 19
Now I’m hearing Horace Rumpole shaking his head and saying “Never ask a question to which you do not know the answer!”
Wordsmith @ 144
I know that that this “new” letter (from Libby to Ari) was mentioned today. I’m just wondering if the WHOLE thing had been published on the web, as was Libby’s letter to Judy?
Wordsmith, you can read a copy of the letter Libby wrote to Fleischer here.
lambert strether @ 72
Hmmmm. Didn’t that movie involve a 1940s gay-sex ring that its members were trying to keep on the QT? And wasn’t Ari the subject of oodles of speculation as to his sexual orientation?
Jeralyn — that link appears broken, sorry. I am eagerly looking forward to that document, too, been rooting around all over the place via Google and I couldn’t pull it up anywhere. Thanks in advance!
Here we go, Rayne; I went over to ‘Talk Left’ since I hang out there periodically.
Sweet Letter to Ari From Scooter
Many thanks for these informative posts and video recaps. I’m feeling optimistic!
Wordsmith — oh thank you!! I tried poking around in the directory, but I guess I was up too high a level, needed to know there was a lower directory to Exhibits.
Good gravy, we need a graphologist badly on this project. This is some weird mojo handwriting that Scooter has. The bulk of his script is above baseline, but he has those weirdly deep but unclosed below-baseline swings, will have to research this. Very untrusting — note the pointed, sharp “shark’s teeth” letters n, m, r. And extremely uptight, the letters compact both in size and within the sheet of paper. Surprised he ran to a second page, being so uptight.
I know I’ve left comments all day, but I’m pretty sure Dickerson is full of shit. There are ‘tells’ all through his reporting on the leak case.
I don’t think the title of the original Cooper/Dickerson/Calabresi article, “A War on Wilson?” (July 17, 2003), would have been used if Time didn’t know the White House was mounting an attack on multiple fronts, through multiple administration officials, using multiple journalists:
http://www.time.com/time/natio…..70,00.html
But of course Time wanted to hide all this, didn’t they? They even appealed to the Supreme Court to keep from reporting the truth about the leak. So why not pretend it was Cooper alone who got the cookie?
Jeralyn Merrill (sp?) says that when Ari was talking directly to the jurors he was building a “rapport” and that had she been the defense lawyer, she would have “objected” and “asked the judge to instruct the witness to answer to the questioner, not to the jury”
1) That isn’t a valid objection. There is nothing in the F.R.Crim.P. that prohibits any witness from talking to the jury. In fact, the whole reason the jury is there is to HEAR THE WITNESS’ TESTIMONY. If she makes that objection and the judge asks her for a basis, she is screwed because she has no basis whatsoever. She would be overruled, and she would look like a dope.
2) If she makes the objection, she makes the witness more credible, and makes her look like she is trying to hide something. Duh! Why doesn’t she want us to hear the witness? Maybe because the witness is KILLING HER CLIENT! Duh!
Note to self: If you ever get busted in Colorado, don’t hire Jeralyn Merrill, because her trial instincts are about as good as Bush’s military strategy.
You make the objection out of the presence of the jury. I’ve had federal judges grant the motion.
I beg to differ on this point Ms. Merritt. The jury, not either (or any in this trial) attorney, is the trier of fact and, therefore, the appropriate audience for the witness. I have testified as an expert witness for nearly two decades and have never witnessed an attorney request that they be addressed directly nor can I imagine a judge instructing a witness to do so.
emptywheel @
36
Interesting! What this means is that there might be some documentation that Libby sought, or was thinking about seeking, regarding Wilson’s trip and who sent him.
If he did seek it he would have either received material in a format that would indicate that Plame worked in the Directorate of Intelligence (i.e. Wilson would have received a contract) or Operations (approval from the Assistant Director of the CIA at the very least, with specifics of who made the request, rationale, etc.).
If Libby received these documents he would clearly have known that Plame was ~ not the one who “initiated” the mission to Niger or “approved” the sending of Wilson. He would have learned that she was a member of the CPD. He would have learned she was not an analyst.
If the CIA denied his requests for the documents he would have had strong signals that the mission and those involved in it were Classified or covert.
If he didn’t seek out the information it seems that he “already knew” the answer he would get…and that it wouldn’t help make the case that the OVP didn’t initiate the CIA’s effort to find out more about the Niger-Iraq “contract”, and that it might actually falsify their “deep background” suggestion that Plame “sent” her husband on a boondoggle.
hackworth @
134
And a good many of those slaves that were sent over from Dakar were originally Muslims.