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Now we're talking about Grossman's 302, but we're in sidebar. She has said she saw it, long after it was written. She's leaning WAY back in her chair.
Wells up again.
Wells: I want to go to different area. (The Libby CP note)
Wells; This is document Libby produced prior to his interview.
DB: No. I believe it was October 21.
W: It wsa discussed.
DB Libby brought it. Libby did not give it to us.
W Jun 12 2003, Libby had a telephone call during which Cheney disclosed to Libby that Wilson's wife worked in Counter Proliferation. At the very outset of interview, he said to you he had reviewed this exhibit, it had refreshed his recollection, he now recollected that he first learned of Plame from VP.
DB THat's what he claimed.
W (mad) THat's what he said, that's not what he claimed.
DB He told us that, yes.
W He told us his name was Scooter Libby
DB Yes, it took us a long time to get him to tell us what his first initial stood for.
W He still won't tell me. He also said he was COS to VP.
W He made clear that he did not first learn from Russert,but rather, he learned from Cheney on or about 6/12.
DB He told us he had forgotten about it until her reviewed his documents. but his first memory of it was that he learned of it from Russert.
W First memory after criminal investigation started.
DB I'm not sure his exact words. At the time when we talked to him on 10/14.
W Do you have a copy of your report.
DB I didn't bring it up here, no.
W You know where I can get it
DB It's probably on that table.
Copy of your notes that you took in that interview.
W Do you have a recollection that Mr. Libby told you early on during the interview that "early this month" when he was reviewing documents he found notes reflecting a telephone conversation reflecting a conversation.
DB The 10/03 is October 2003, not October 3.
W Libby also told you those notes refreshed his memory of his conversation with Cheney
DB That's what it says.
W He told you that he recalled being told of Plame
DB Yes, but that he had forgotten about it
W He was telling you about his recollection when he was sitting with you.
W The note says CP and then says Division
DB At the end.
W he told you that Mrs Wilson works at Counter proliferation at CIA. The note does not say Wilson worked at a bureau.
W NOte does not reflect that Libby said that Mrs Wilson worked at WINPAC. At no time during October interview or November interview did he state that Mrs Wilson worked at a bureah. At no time did he state that he understand that she worked at WINPAC. WRT Date of (CP note) he told you that note prepared one or two days before date 6/12/03.
DB He told us it was before then, he couldn't place the date.
W That squiggly sign was an approximation.
DB that's correct.
W He told you that he wrote the date at a different time than when the note was created.
DB What page did you say it was on
W Page 2, third paragraph. I'm in November
DB You'll have to give that one to me.
W I'll show you a copy of November interview report. Unlike October interview, you didn't take notes. What did you do in second interview.
DB I asked some questions, but Eckenrode was lead. I took no notes.
W Is it correct in second interview that Libby filled in date and time within a day or two of the date. He was not sure of the exact date, so he wrote over the original writing. He also told you that notes written in preparation for speaking to Walter Pincus, who was writing article for 6/12. He also told you he wrote note bc Pincus was asking certain questions. He had phone conversation with VP on or about 6/12.
W During first interview you asked questions about conversation with Russert. He told you he had telephone conversations on July 10 and/or July 11. Libby told you it was very possible that he had two conversations.
DB I don't know about the very, but it was possible.
W You were asking about that conversation that occured three months before. Libby had no notes, to your knowledge.
DB To my knowledge.
W You also asked LIbby questions concerning 7/12 concerning Matt Cooper. Your understanding that Libby had no notes. That telephone conversation had taken place three months prior to the invterview. Do you recall having discussions with Libby about 7/12 conversation with Judith Miller. During first interview.
DB I didn't until I recently looked at my notes, it's not in the 302.
W There's no statement in 302 about Libby relating to you his recollection of 7/12 conversation with Miller.
DB It looked like it's an oversight on my part.
W I think there may be brief reference to 7/12 telephone call. You see a reference to probable conversation with Miller.
DB it's probably the same one.
W During the discussion of July 12 conversation with Mrs. Miller, Libby did not relate to you his recollection of conversation with Miller? You didn't ask in the same fashion.
DB I didn't put it in my 302, and I don't know why that is, but it's not in my notes.
W You don't have the same detail.
DB True, bc it reflects what Libby told us.
W Only thing notes reflect is that Wilson's wife may have been mentioned indirectly, which probably meant I wanted to go back and ask him, since i wasn't lead I didn't always have same opportunity to finish it.
W Questions weren't focused on same fashion
DB We were focused on what Libby was telling us. We were listening to his story. With questions interjected, of course. Since we only had an hour and a half, we wanted him to talk as much as he could.
W when you convened for the second interview, you did not have a lot of discussion about Libby and Miller.
DB I don't believe so.
W The first time you asked LIbby to set forth his recollection of Judith Miller conversation was March 2003 (2004).
DB I wasn't at GJ
W That would have been 9 months.
Walton Might as well recess. Couple of things to discuss with counsel. We will recess at this time. We won't be sitting tomorrow. Come back on Monday at 9"30. Meet Marshalls at predesignated location. We're moving the case along fairly efficiently, we'll hopefully be able to complete government case. I'll ask again to comply with the instructions. Stay away from radio news program and TV news programs. Have a nice weekend.
Someone asks about Super Bowl.
Walton: I don't have a preference, my Steelers aren't there.
(Still more discussion coming)
Fitz: An hour and a half on Monday with Bond. Then we'll publish GJ testimony. One more witness. And then we'll have Russert. And then we'll rest Tuesday.
Wells: we're trying to resolve evidentiary issue that we're trying to resolve ourselves. If we can't resolve, we would file by tomorrow. We'll set forth to preclude certain issues. THen Fitz can file by end of day.
Walton: Alright Superbowl doesn't start till 6:30 Sunday, so if I get stuff by Saturday, I'll still have all day Sunday to review.
Walton: I would like to have you submit, there's one case which is analgous. US v. Yusef. A discussion starts on page 63. It involves a letter found in defendants computer relating to other threats to commit terrorist acts and defendant charged with terrorist related type threat activity. Court concluded that even though that letter related to other threatening acts. it was not unduly prejudicial. In regards to what you're going to submit to me, we already have letter in evidence, do those letters encompass a lot if not all of what's at issue now. I assuem they cover some of the ground.
Jeffress: You mean newspaper articles.
Walton: I assume they cover some of the ground.
Fitz: They do and that limits prejudicial value. Point is to show that Libby was aware of it.
Walton: Submit your filings.
Jeffress; GJ tape takes 8 hours. And of course we've got Russert. It's quite clear that if we finish, we'll barely finish. We'll schedule other witnesses on Wednesday. Motion to quash for Sanger. And from what I understand there will be an issue relating to release of recordings of Libby's testimony, objecting to release to the press.
Jeffress: It has never been done in this court.
Walton: I have concerns, and it's tough when you have a case, it's even more difficult to ensure Defendant receives a fair trial. Press will be here. They can report it to the extent that they want. It compromises my ability to ensure fair trial. Sensationalism of his voice. I'm struggling all I can that I don't have a problem with the journey. I understand someone from the AP to represent the press. We'll address that once. We'll address that issue next week. Anything else.
Fitz No thanks.
Beer thirty!! Have fun with Swopa and Jane next week!