If one were tempted to feel sorry at all for Scooter Libby, today would have been the day it kicked in. The morning started with the last three hours of Libby's testimony before the grand jury, which climaxed with Patrick Fitzgerald's comprehensive retelling of all the conflicting stories Scooter had managed to string together over the course of his various appearances. The absurd litany of obfuscations Libby had blurted out under the pressure of Fitgerald's relentless, detailed questioning made him seem both desperate and intellectually feeble not to have thought out his story with any more clarity. It was a harsh indictment, to say the least.
But the highlight of the day was the appearance by Tim Russert, upon whose testimony the entire case pivots. Russert hobbled in on crutches, looking like he'd rather be just about anywhere else. Fitzgerald finished with him in short order — quite simply, Russert maintains that he never told Libby about Valerie Plame's identity. Unless the Libby defense team could knock a hole in Russert's story, Scooter has serious problems, and Ted Wells began his cross-examination by asserting that it was completely implausible that Russert would not have taken the opportunity to query Libby about Wilson at a time when the story was hot. Russert claimed that Libby was rather irate when he called to complain about Chris Matthews, who had several times in the previous week asserted that Wilson had been sent to Niger at the behest of the Vice President. Russert claimed that Libby was pitching a bit of a fit and he really didn't do much but listen. As much as Wells tried to tear at the edges of Russert's story, Father Tim was low key and rather passive; he didn't give Wells anything to work with. Wells tried to bring up an incident from four years ago when a Buffalo newspaper had attacked Russert's questioning of Hillary Clinton, and Russert had admitted a memory lapse. I guess this was supposed to prove that Russert could've forgotten his conversation with Scooter as well, but the connection seemed weak and tenuous.
The real fireworks started when Wells began questioning Russert about his initial conversation with FBI agent Jack Eckenrode, and I have to admit I was rubbing my ears to make sure I was hearing things right. Remembered the high-flown first amendment language of Russert's motion to quash his subpoena?
[T]he Special Prosecutor's subpoena, which purports to compel Mr. Russert to testify before the grand jury about the contents of a communication he allegedly had with a specific Executive Branch official, infringes on Mr. Russert's right to maintain a confidential relationship with his source. The fundamental importance of a journalist's right to resist compelled disclosure of confidential communications with news sources is consistently reflected in the law of this Circuit, in the regulations governing the Department of Justice ("DOJ") when it contemplates the issuance of subpoenas to journalists, and in the District of Columbia's "shield law." Accordingly, to permit a prosecutor to compel a journalist both to identity a confidential news source and to testify about the contents of their communications before a grand jury, a reviewing court must determine that there is an overriding need for such testimony and that the information sought may not be secured through alternative means.
In this case, the Special Prosecurot was appointed to investigate and, if appropriate, prosecutor those responsible for any unlawful disclosure of Ms. Plame's identity and of her relationship with the CIA. The undisputed fact that Mr. Russert was not a recipient of such a disclosure precludes the Special Prosecutor from demonstrating that his need for such testimony overrides Mr. Russert's right to safeguard his confidential communications with his sources. As a result, the subpoena should properly be quashed because it cannot be squared with the First Amendment, federal common law, or with the applicable DOJ regulations and because it is "unreasonable and oppressive" with in the meaning of Fed. R. Crim. P. 17.
In his response to the motion to quash, Fitzgerald openly scoffed at Russert's pliant ethical standards:
It is also relevant to note that Russert has treated an asserted waiver of the reporter’s privilege quite differently when convenient. When Richard Clarke published his book Against All Enemies and testified before the National Commission on Terrorist Attacks Upon the United States (also known as the September 11 Commission), Clarke became subject to intense media scrutiny. On March 24, 2004, the White House disclosed Clarke’s identity as the "senior administration official" who gave a "background" briefing in August 2002. When Clarke appeared as a guest on Meet the Press on March 28, 2004, Russert noted the White House had been aggressive in attacking Clarke’s credibility and had identified Clarke as the source for the background briefing — without indicating any concern about the "voluntariness" of the waiver, in which Clarke apparently played no role. (Copy of the March 28, 2004, Meet the Press transcript, Exhibit 1). Russert did not hesitate to broadcast out of any concern that such disclosure might chill future background sources.
But what Fitzgerald didn't let on at the time was that the cavalier attitude Russert had taken toward Clarke had also initially been the one he applied with Libby. When Eckenrode called Russert, Father Tim sang like a choirboy. He told Eckenrode everything about the conversation, even though the deal for his eventual testimony before the grand jury only required him to reveal what he had told Libby, not what Libby had told him. The first amendment hugging was an afterthought, and where it came from is a mystery — Russert claims it was to prevent a Fitzgerald fishing expedition, but it just as easily could have come from lawyers at NBC, Tim's reticence about having his chattiness publicly known or even a request from that special someone from within the administration who seemed to find the message so easy to control on Meet the Press. Whatever fueled his change of heart, at no time did Russert seem to think he owed the public any kind of explanation for what had transpired. As a confirmed "member of the club," it was obviously the last thing that occurred to him.
Tomorrow, another member of the club whose story has been as inconsistent and shot full of holes as Russert — Andrea Mitchell — will try to quash a subpoena to appear for the defense. She'll be joined by Jill Abramson of the New York Times, who is no doubt anxious to avoid being questioned about whether Judy Miller ever pitched the Wilson story to the Times after Libby fed it to her. It was my understanding that Fitzgerald will also be filing motions to quash these tonight, and for perhaps the first time I have to say there is a side of me that hopes he does not meet with success. The only way the public is every going to get any straight answers out of these two is under oath, and the fabrications one tells so freely to Don Imus become much more risky before a judge and jury. Russert's testimony continues thereafter, so please drop by FDL for more live blogging coverage. As the trial proceeds, you never know what you're going to catch a glimpse of behind the cocktail weenie curtain.
Arianna has more on the day's events, and a few questions we'd all like to pose to Tim Russert.



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JAne!
Jane!
Now to read the post and watch the video.
For the record, I cannot recall ever being tempted to feel sorry for Irving Lewis Libby.
Best time of the day for me…time to watch!
Feel sorry for Scooter? Are you joking?
Logickal @
6
Eh, you kind of did. He seemed quite pathetic, a bit of a “B” villain who swings while the “A” villan (take your pick) walks away.
Kick ‘em all in the head for us! Bravo Jane!
Such great work from FDL. I love this stuff. :) I don’t bother watching TV news anymore.
Russert only seems to protect conversations when they reflect badly on the Republican Party.
I love Arianna and am so glad she could be there today. As she said on her blog – it is proof of intelligent design. ;-) A big thank you to her for getting these passes for our crew. They really do deserve a Pulitzer for Blogging.
Jane @ 7 – ok, well, maybe. But I think he picked that company, and he didn’t balk at the lying, or the deceiving, or the preemptive war, so I’m gonna struggle to get there. Irving is not a good man.
Really, though, just delurking for a moment to say thanks. I’m loving this – my boss, if he knew, wouldn’t be, put I’ve managed just enough of a veneer of productivity to avoid problems so far!
I hit the tip jar, and encourage others to do the same. Hope my small bit helps.
Jane!
Fabulous video, great coverage. Thank you, thank you, the nation thanks you.
The “insider club” mentality is fascinating … that Russert would assert First Amendment privilege after already talking to the FBI is mind-boggling.
And let’s hear it for testifying under oath … whether in a court room or on the Hill!
I’ve got a quick question and I’m hoping someone can refresh my memory…
When Bush & Cheney were interviewed by Fitz the first time, didn’t they refuse to do it under oath? Weren’t they with their attornies but not under oath?
Is this relevant?
Wednesday, February 07, 2007
GOP senators opposing troop buildup call stalemate over resolutions ‘unacceptable’
WASHINGTON (CNN) Sen. John Warner, R-Virginia, and six other Republican senators who oppose the troop increase in Iraq, sent a letter to Senate Democratic and Republican leaders Wednesday afternoon saying the “current stalemate” over the Iraq resolutions is “unacceptable” and they intend to offer the Levin-Warner resolution “disagreeing” with the increase in troops to future bills coming before the Senate.
“We strongly believe the Senate should be allowed to work its will on our resolution as well as on the concepts brought forward by other senators,” Warner said on the Senate floor, reading from the letter. “Monday’s procedural vote should not be interpreted as any lessening of our resolve to go forward advocating the concepts” of the resolution.
In addition to Warner, GOP Sens. Susan Collins of Maine, Gordon Smith of Oregon, George Voinovich of Ohio, Olympia Snowe of Maine, Chuck Hagel of Nebraska, and Norm Coleman of Minnesota all signed the letter.
I have given up trying to make sense of everything that is happening, but it seems like the witnesses for the defense are as helpful if not more to the the prosecution. So why quash Mitchell and Abramson?
Jane,
Please tell Swopa gracias for his efforts today!
Pumpkin’s Quash…is he out of his gourd?
I am wondering if the jury will be allowed to be interviewed after this is over. I would *love* to hear what they thought of individual witnesses, like the rock stars of our glorious media, and how that played a part in their verdict. I’d pay to see that interview.
AZ Matt @ 15
Don’t bother them, they are having the daily Naked Pillowfight right now!
Claudia — good question, don’t know if that was a feeble attempt to narrow possible charges to false statements instead of perjury.
Jane — please tell Arianna that we FireDogLake readers appreciate her enormously generous help with the Libby trial. What you and your FDL cohort have done with the passes she provided is incredible and historic. There just aren’t enough words to qualify and quantify the gratitude we have.
I am so digging these evening video updates, too. Almost have to find another scandal to follow after this so that you, Christy, Swopa, Marcy, Pach et al can continue our alternative “evening news broadcast.”
Does anyone else feel like we are experiencing some “real” journalism, courtesy of the FDL blog people? That is, as opposed to the overly PC version from the “MSM” and the dishonest variety peddled by Fox News. Well, all I can say is “Thank You for the breath of fresh air”.
I love these wrapup videos. You guys are doing the work of the angels.
Goodness Swopa is gorgeous. [down girl] If there is a Mrs. Swopa we are jealous.
Did Christy also do a live video at prettyman? My memory fades in and out, like scoots.
egregious @ 21
I wonder how tall he is?
I wonder if Scooter ever looks back at the advice he got from Mary Matalin and thinks, “Yeah. Call Russert. That was fucking useful.”
I mean, I think it’s probably safe to say that Scooter has a few regrets at this point.
.
2 thoughts.
One, I’d have to think it was the lawyers at NBC that were pushing to quash the subpoena – and not necessarily for any reason other than the higher-ups didn’t like the negative exposure that was about to result. I wonder if Russert talked to them before he answered the FBI’s questions.
Two, maybe his access was being threatened by administration bad guys if he didn’t fight the subpoena. Being too willing might make it look like he was playing for the other team.
PS – Jane, you look amazing after what you’ve been through. Everybody stay rested, it’s a marathon, not a sprint!
Great video. (Jane, you took to heart someone saying that you should look into the camera even when you’re not talking.)
Swopa: Thanks so much. Please ignore the momentary frustrations of the few curmudgeons. (I’m sure that they are not normally curmudgeons!) You were wonderful.
The first amendment hugging was an afterthought, and where it came from is a mystery — Russert claims it was to prevent a Fitzgerald fishing expedition, but it just as easily could have come from lawyers at NBC, Tim’s reticense about having his chattiness publicly known or even a request from that special someone from within the administration who seemed to find the message so easy to control on Meet the Press.
another BINGO! in a long line of “bingos” for Jane and fdl. And Jill Abramson gets to testify the day after her boss says to the world “I really don’t know whether we’ll be printing the Times in five years, and you know what? I don’t care, either.”
Rayne,
I just seem to recall that Bush and Cheney wouldn’t answer questions under oath. I remember thinking that they didn’t want to be questioned under oath so they could avoid the same type thing that happened to Clinton…
But I’m really not sure if I remembering right. (I’ve only followed Plamegate off and on.)
The cocktail weenie curtain is a lot like the Iron Curtain, only chewy.
I love these videos you’ve been posting. What a treat to see all of you “live.” Thank you so much. And I agree about Swopa. He is both very funny (and oh-so-onto-something all these months) and cute!
Father Tim was low key and rather passive; he didn’t give Wells anything to work with.
At long last his passivity works FOR us.
Claudia, I remember that too, but I thought that was when they held hands together before the 911 Commission? Did they do that here, too?
The short and sweet examination by Fitz was brilliant. In two or three questions, he boiled down the whole damn case.
sonate @ 26
I actually appreciate that Jane looks at the people who are speaking, rather than staring at the camera the whole time. You can really see the warmth that exists between Jane, Swopa and Arianna. Keep up the great work.
Whatever fueled his change of heart, at no time did Russert seem to think he owed the public any kind of explanation for what had transpired. As a confirmed “member of the club,” it was obviously the last thing that occurred to him.
According to NBC Nightly News tonight, Russert was under lawyers orders not to discuss the case publicly. But, Brian Williams said he will do exactly that when his testimony is over.
He didn’t define testimony, however. Criminal? Appeal? Civil???? Ever??????
What Rayne@20 said. I am digging your work, and I thank you all for such a great service. Best coverage available.
thank you, Jane Swopa Christy Emptywheel Pach TRex looseheadprop, et al.
randiego @ 26
Feh. The public would be far, far better served if there was a professional ban on reporters living within 50 miles of DC. The NYT, WaPo and Big TeeVee Networks should send highly skilled reporters into DC for 3 months at a time and then rotate ‘em … to ensure they never get too close to their subjects.
Maintaining all these buddy-buddy relationships for “access” results in their being played like a piano — how would we not be better served by less connected reporters serving up solid journalism than by these national celebrities deciding what the masses do or don’t deserve to know?
At this point I don’t know that I would hire Wells (pro bono) to defend me on jay-walking.
Totally facinating look into the machinations of the Administration. Haven’t made comment during your live blogging out of respect for your servers. But have really appreciated all of the work from everyone who has contributed to the effort. Absolutely compelling stuff, so grateful you are all there keeping the MSM honest. Jane you look fabulous, so glad to see that! Swopa looks so honest, bet he couldn’t tell a lie if he wanted to. Kudos to all, and to Arianna a huge thank you for getting those press passes.
Respectful Dissent: “The “insider club” mentality is fascinating … that Russert would assert First Amendment privilege after already talking to the FBI is mind-boggling.”
And that he would assert First Amendment privilege to protect a “viewer complaint”.
My god, what a dork.
punaise @ 16
Punaise hits
gourdgold once again. So glad you’re on our team!!Ed*ard Teller @ 27
That deserves an amen bingo!
Claudia: “When Bush & Cheney were interviewed by Fitz the first time, didn’t they refuse to do it under oath? Weren’t they with their attornies but not under oath?”
Yes, and they did it together because George can’t even take a leak without Dick holding his hand.
(Yes, puns definitely intended.)
What a breath of fresh air this reporting has been.
A couple of days ago, I would have been okay with the idea of Cheney just getting kicked out of office.
Now I think I’d like to see him behind bars…
And I’d like to see him bankrupt (after paying back the USA for his phony war).
Claudia @ 45
Two words. The Hague.
I hardly think the governments entire case relied on timmy though
it looked to me like this case was pretty strong with or without this testimony
OT: Sidney Blumenthal is always worth a read:
Jane, for the first several minutes of the video I was concerned that your surgeons had attached your fingers to the lower right side of your coat.
Happily they went away, and I flushed my hallucinogens down the toilet.
Arianna. A major brain. Perhaps THE brain. I am in awe.
Jane. As usual a wonderful review of today’s proceedings.
Great to see you with Swopa and Arianna!
A comment.
As a tv producer, I must disagree with the person who told you to look into camera at all times. On last night’s video your natural interest in what Swopa was saying caused us viewers to be interested as well.
Of course you couldn’t keep your enthusiasm on hold tonight and your part in the trio was excellent, but I’m sure I would have enjoyed your reactions to Arianna’s parsing of Russert et al.
You’re a natural on camera and a delight.
Stay in the conversation and all will be well!
Thanks for the Live-blogging.
Glad you’re feeling up to all this.
Sonate @ # 27 and others,
I commented here on how interesting Jane Hamsher’s persona is on TV back after she made her first (or at least first I was aware of) appearance on C-SPAN’s Washington Journal. She looks so much more honest than people you usually see in those settings. Even next to Swopa and Arianna, who are quite honest and are hellacious fighters, she looks the same way – more honest than the rest of us.
Similar impressions from other appearances, especially the Plame panel at ‘06 YK. The combination of that engaging camera image with the BS-free way she presents the news or answers questions is, IMHO, unique.
egregious @ 42
all in the service of our quest to “Capture the Flag” from these bastards!
leinie @
33
Au contraire, leinie; no hand-holding was involved. IIRC when they testified before the 9/11 Commission, Cheney was flapping Bush’s jaws as he usually does, with his hand inserted somewhere unmentionable on W’s back end. Cheney’s Secret Service handle should be “Edgar Bergen” and not “Bigtime.” :)
Libby is but a comma in Fitz’s investigation. A big thanks Fitz, to you and your whole team of public servants.
Charlie Rose last night had on David “Talking Points” Brooks and E. J. Dionne discussing Iraq and the Libby trial. This was another of these faux liberal-conservative matchups that seem to permeate the news nowadays.
What Brooks and Dionne both agreed on was that Libby was a nice guy. Dionne (the liberal) depicted Libby’s troubles as something that had happened to him or perhaps that he had wandered into and been overwhelmed by.
It reminded me of those Monty Pythonesque interviews with the neighbors of axe murderers: “He was a very nice man when he wasn’t out chopping people up, very clean.”
I wish, although I do not expect, that one of these days someone would slip in a real liberal into one of these debates. I think that Brooks would go into catatonic shock. Now that would be worth seeing.
Oklahoma kiddo @ 52
Maybe we can convince Arianna to have Marcy Wheeler sit in as a replacement for her opposite Tim some day in the near future.
Blarog -
Happily they went away, and I flushed my hallucinogens down the toilet.
Probably a good idea since fooling around with those and reading about Darth Cheney at the sametime could have unforeseen consequences. We want you around for a long, long time. Have a brew instead!
In this case, the Special Prosecurot was appointed to investigate and, if appropriate, prosecutor those
Cleanup crew pls.
punaise @ 50
what do they mean “preparing for failure”?
it’s a failure, no need for preparation
now they need to plan an exit strategy that doesn’t get our children killed on the way out
Alanfg @ 50
Alanfg –
A TV producer you say?
If you work in news, have you considered inviting Marcy Wheeler, or Jane Hamsher to discuss the Libby trial on the air?
Thanks!
FWIW I agree with the TV producer; Jane is a “natural” and should do what is natural for her, which is to be interested in this case and anything and anyone who moves it forward. Eyes on the prize and all that; and both Swopa and Arianna are definitely prizes!!
Ed*ard Teller @ 61
Would this be akin to ‘matter meets anti-matter’, with all the attendant difficulties? ;0)
AZ Matt @ 60
But it was a brew. Mushroom tea.
Jane, it’s hard to overemphasize the importance of what FDL, HuffPo, and others have done and are doing with this case. This case is very much about what happened in 2003, but it’s also about what’s happening right now. Great, great coverage, doesn’t begin to say it.
David Schuster has done great work on this too. He seems all jazzed up, and I think he smells blood in the water. Anyway, at long last we get to hear the talking heads discussing the real meta story relative to this case on Hard Ball with Matthews. Keith was great too. Let’s face it, most people watch the tevee, if they don’t see it there, it didn’t happen. Bout time to see some dots connected. The tapes are getting some air time, as well as discussion. We’ve waited a long time to see the Wilsons vindicated. What was it Joe Wilson said at the beginning of the smear? Firedog Lake and Marcy Wheeler were on this from the get go, hope you all feel the reward and pride of a job, a long job, extremely well done. You guys are Fire Dogged!
Clusterfuck’s runnin out the clock in Iraq. He figures that if he can throw up enough sand- he’ll be able to keep this thing goin till the end of the year- and MAYBE somethin will turn up by then.. That’s what this has all come down to- waitin ta see if somethin turns up. If nothin turns up- he’s screwed and so are we.
Politically, goopers should be giving dems lots of rope- hopin that they will end up ownin the fuckin war- but instead they are in the defending clusterfuck mode- totally stupid- but that’s what they get paid for.
Things are goin reasonably well for the dems.
Hey, it IS possible to have cataract surgery at 9 am and be at home logging on to FDL at 11! I didn’t have to miss Timmeh, although I could only read in short bouts. Kept me from hitting ‘refresh’ too often.
Cataract surgery is not what I would call ‘fun’, but already I can see a whole lot better. Glad I did it.
Balrog, I saw those fingers too. But I realized they belonged to Arianna. Then I worried that she was having to hold our dear Jane up!
punaise @ 50
Well as the Bush escalation will fail, this probably isn’t such a bad idea, although atypical for folks who have never shown any interest in Plan Bs before.
Balrog @ 63
Not sure what part of the world you hang out in but I like Sierra Nevada or Anchor Steam.
Gnome de Plume @ 69
Ew. Then who chopped off Arianna’s fingers?
Hugh @ 57
About 12 years ago (1994? I think) Michael Moore had a show “TV Nation” that was must-see for me (and as a rule, I don’t watch TV) wherein the did a piece on exactly that kind of thing … bought a house in a nondescript neighborhood, painted the garage door red, rolled 55 gallon drums around at night, dug holes in the back yard with a back hoe. Then they interviewed the neighbors about this guy who was living there … great stuff.
Christy / Jane / friends at PJF blogspot
just sent a donation-
keep up the excellent work.. another fine day in the USofA for justice
Hugh @
30
This brings up a queasy vision of Churchill: “is that a cocktail weenie clamped between your jaws, or are you glad to see me?”
If the “cocktail weenie curtain” lasts as long as the Berlin Wall, we’d better take out a mortgage on Plame House!
Kickass, Jane! Keep up the good work.
egregious @
48
Then let’s get the press on board. I’m convinced that MSNBC is running this story as some sort of trial balloon; it isn’t linked from the main page or any of the section pages that I’ve been able to find, but it’s worth a read:
I’m cruisin’ the tubes tonight trying to get people to go rank it up.
– MarkusQ
Bush’s uncle tangled in options probe: SEC
http://today.reuters.com/news/…..C-BUSH.xml
At least “preparing for failure” is a step or so up from Stalingrad. I’m sure half the effort in the overall “PFF” Plan is in how to blame the “Democrat Party” for the whole dang mess, too. The only thing the GOP can accomlish now, short of the Iran thing, is to finesse perception of the mess and creating MORE rocks under which to hide it.
We need to back our progressives who are out there. Like John Tester said yesterday:
“On the Senate floor a few moments ago, Jon Tester said that he’s traveled all around his home state of Montana, and “not a single person told me we should debate about whether or not to have a debate on Iraq.”
lectric lady @ 68
Good for you! Have had both eyes done & also “secondary” on both & the procedure is just amazing. Scarier than hell pre-op knowing you could come out blinder than going in but much more enjoyable than the dentist chair *g*.
MarkusQ — thanks, rating it up now!
All roads lead to DeadEye.
Daughter Elizabeth entangled in Iraq and Iran stuff.
Son-in-law involved in FEMA’s wretched response to Katrina.
Halliburton, KBR and all sub-contractors to same.
And more.
You guys are having a great time, and you’re doing great things, and I really do feel the synergy. I don’t think it is hyperbole to state that these broadcasts of “PoliticsTV” will be shown in history classes, for years to come, as the example of when the populace took back the ministry of truth.
It’s like sitting in a coffee shop on the west bank of the Mississippi river, circa 1961, and listening to some skinny, Jewish kid from the Minnesota Iron Range sing nasally folk music…it just feels like history pushing backwards to demand attention for these portents.
-So long as men can breath or eyes can see,
So long lives this, and this gives life to thee.
Congratulations! It is so well deserved.
Hugh: “I wish, although I do not expect, that one of these days someone would slip a real liberal into one of these debates. I think that Brooks would go into catatonic shock. Now that would be worth seeing.”
Not really. His op-eds all read like someone in catatonic shock; it’s doesn’t make them any less boring.
I really am puzzled as to how Brooks ever got a Times column. At least Safire was alternately entertaining and infuriating. He could also be a halfway decent reporter on occasion (Don’t jump all over me, even Molly Ivins said as much).
Brooks, though, is just one of the most mind-bogglingly somatic and ennervating stylists I’ve ever encountered. To call him limp would be an insult to dishrags and flaccidity throughout the universe.
It’s like some drippy, bland, sliding, formless thing, some weird cross between fungus and snot.
It’s a puzzle, how he ever got published. Really.
Funny when viewing the videos, we all see the same thing and yet process it differently. I noticed that Swopa looks into the camera when speaking, but at Jane when she is speaking. Jane, looks at Swopa when he is speaking and intermittently when she is speaking. It seemed to me particularly representative of male and female styles of communication. I liked it perfectly, each style suited them individually.
JGabriel @ 84
my theory is that he was hired precisely for those flaws. virtually every column is based on a false premise, or constructed on breathlessly uninformed presumptions. thus they can be easily filleted, or ignored.
also, there just are not a great many conservative columnists in this day and age who don’t rely on an intellectual dishonesty to make their points. even with the lead times the times had to find someone, david brooks was probably the best they could do.
I get that Russert shows inconsistent behavior with the F.B.I. and the Grand Jury. I get that his argument to quash is pompous. I get that it sounds like someone got to him to try to shut him up. But what I don’t get is what this has to do with the case.
Russert may well be an inconsistent, pompous, Administration tool, but the case is about whether he told Scooter Libby about Valerie Plame’s C.I.A. status. He didn’t apparently even know about it, much less tell Libby about it. The rest of the stuff is character assasination, perhaps well-deserved, but unrelated to the facts of the case.
What am I missing?
We must stop Bush bombing Iran, and stop Iran getting the bomb
We should not bomb Iran to prevent Iran getting the bomb. The consequences would be disastrous. After Iraq, US or Israeli military action against this regionally powerful, oil-producing Shia muslim country would make the world a still more dangerous place.
http://www.guardian.co.uk/comm…..73,00.html
Boudica @ 85
I just like looking at Jane. And Swopa looks like he could play a good power forward in any pickup game on my side of town. Actually, Arianna looks like she might make a good shooting guard…minding the nails, of course, darling.
“The Kiss“, a thousand years hence
(d r i f t g l a s s rocks)
dmg @ 86: “my theory is that he [Brooks] was hired precisely for those flaws. virtually every column is based on a false premise, or constructed on breathlessly uninformed presumptions.”
Hmm, that would be one of the very few accusations of liberal bias that potentially makes sense.
MarcusQ,
That answers my question about Bush & Cheney being under oath… In the little chart, next to Eckenrode’s name, it reads “The former lead FBI agent in charge of the CIA/Leak investigation. He first interviewed Libby and sat in on the White House interviews of both President Bush and Vice President Cheney. Both were not under oath when they spoke to prosecutors.”
So Bush and Cheney were NOT under oath.
Ed*ard Teller #79,
This has already begun. Democrats trying to clean up Republicans messes are already being accused of making them. Oversight hearings are tut tutted as “backward looking”, “finger pointing”, and “the blame game”. Republicans are warning that Democrats could lose Iraq as if the Republicans haven’t already lost it and as if the Republicans aren’t going to blame defeat there on them anyway.
Still to hear all the moaning in the Senate today about how Republicans are being portrayed unfairly in the media and by the Democrats as obstructionist, the public so far isn’t buying their line, or they wouldn’t be complaining so loudly.
JGabriel @ 91
reality has a well-known liberal bias.
Mickey @ 87
Nothin’, I think you’re spot on. But Wellsy does seem to be trying to leverage Timmeh — essentially a lose, lose for his argument — by bringing in this whole memory angle. I’m sure he’s gonna make the play, “Look, if the mighty lil’ Russ can forget stuff, who is lowly little Scooter to have to remember his ass from a tea kettle?”
AirportCat @ 75
and what about the TV Nation episode showing an 18 wheeler roaring through the deep south with a hammer and sicle painted on the side of a fire red trailer?
blue collar driver sitting in a diner reading ‘the communist manifesto.’ waitress says, ‘whaddya readin’ that for?’ Driver says ‘I might as well read what I’m haulin.’
two cabs torched. ended up with a lime green cab. hilarious episode.
oh- and thanks FDL for the trial coverage stuff!!!
Looking at the goofiness and pale insipidity of Pinch Sulzberger, I can see why he would seek out a kindred spirit like David Brooks for the Times.
Posted this in the previous thread, before seeing we’re into a new one:
Radiofreewill, I just saw your post re the forgeries. Missed that earlier. Thanks for the step-by-step. But can you please go back before that first step and tell me what you think about the origin of the forgeries? It seems like they had to be created by someone with a stake in justifying a war with Iraq in advance. Thus, I’m thinking Cheney — particularly so, in light of his response to the debunking.
I just hope that this trial furnishes an endless supply of abundant quotables for our candidates’ campaign ads in the ‘08 election.
Ah…, such a lucky, gifted family they are!
Bush’s uncle tangled in options probe: SEC
By Tim McLaughlin
I am an alien on this planet. Or at least a visitor from an EPU…
Speaking of EPU,
Mrs. K8, I’d be DELIGHTED to be your friend. We just haven’t met, that’s all I wuz sayin.
Punaise: Thanks for the video – took me right back to high school, that did.
And speaking of changing the subject,
There’s been a LOT of talk around here about where Fitz! is going, whether there’s a super double secret agenda at work, will Cheney come into the sights, …
What struck me is: Fitz! is a Special Prosecutor. He has a lot of leeway but he is limited. There was some talk, way back when, about naming an independent counsel which, as I understand, has godly powers.
Considering the sudden (apparent) feeding frenzy in the media due largely, one presumes, to the Cheney angle, could there be a new push for an Independent Counsel? Didn’t fly back then but now there’s a new sheriff in Congress, the republic party (*snork*) is running from the WH like lemmings over a cliff, and so on.
Could some legal eagle comment on whether the IC idea might be revisted, whether it could happen, etc.?
AZ Matt @ 99
Yes, but brother Neil probably still wins for the Savings and Loan debacle (aren’t we still paying for that one…the original Bushy gift that keeps on giving). But, I have high, tinfoil hat, hopes that brother Marvin might actually have been complicit in the untold story of 9/11. If he did that, well, he wins!
Republicans HATE this (trial/commentary),
intelligent people analyzing their lies and obfuscation and having a high level aide (Libby)being hammered under the letter of the law.
It tweaks their whole arrogant greedy selfish world view. Keep up the good work.
And bravo to Huffington. She keeps showing that
she’s no fool.
The FDl coverage- the live-blogging, the nightly on-camera summaries are terriffic!
Still, there’s something special about being there in the courtroom in person. If you can get to DC it’s easy to get in. There are plenty of seats.
Everyone I’ve talked with there is surprised it’s not a huge crowd. Our collective theory is that people who would want to attend think it’s impossible so they don’t try.
The court is at the intersection of Constitution and Pennsylvania Avenues. It opens at 8:00AM. If you get to the sixth floor courtroom by 9:00, or maybe 8:50 to be on the safe side, you can get a seat in the courtroom. And if you’re late, there’s good video, the same that Swopa is following, in the over-flow room next door. That room has space for 100 people and there were four or five there today.
Notta Flatlander @ 101
Less legal than a political question. Not sure the Dems would want to renew the Independent Prosecutor statute after the rampage Ken Starr went on through the personal lives of the Clintons….
That misuse of power pretty much queered everyone on the idea. Neither the `pugs nor the Dems are anxious for it to be used against them, given the way Starr politicized the office.
Notta Flatlander: “… the republic party (*snork*) is running from the WH like lemmings over a cliff, and so on.”
You know, I really think we should follow the Clusterfuck’s lead on this, and continue calling them the Republic Party .
It just sounds so evil and Imperial.
Plus, it’d go real well with Cheney’s Darth Vader mask and cape.
.
Huh? Jeffrey Toobin just said the WH response to Wilson came at a time when the war was going well. Going well?
Independent Counsels, campaign finance reform, and ethics are poison to Republicans and give Democrats hives. At best they pay lip service to them and then run like hell.
AirportCat @ 75
Oh, I loved TV Nation. Moore was such a terrific pain in the ass. From running a ficus for Congress to getting a chorus of throat cancer victims to sing Christmas carols at the Phillip Morris headquarters, the show was just terrific. It worked so well when most people didn’t know who Michael Moore was.
Yizmo Gizmo @ 104
I was just over at HuffPo reading Arianna’s blog from this afternoon and then the comments. One person, and only one, said it is all Wilson’s fault, he made it up. Some people are ignorant, others want to just stay that way.
I can’t see either Jill Abramson or Andrea Mitchell winning their motions to quash. I’m not even clear on what their rationales are. Abramson is being called to testify that (a) Judy isn’t a very good reporter, and (b) Judy never mentioned Valerie Plame to her. Mitchell is being called to explain her “everybody knew” comment. I don’t see a reporter-source conflict with Abramson, so she doesn’t have a prayer. Mitchell may be able to get away with claiming she’s protecting a source (doubtful), but only if there really IS a source to protect, and that’s going to set her up for a grand jury summons. I suspect that neither of them are cooperating with either the prosecution or the defense. Fitz doesn’t want them up there, because he doesn’t know what they’re going to say. Wells is only calling them because it would be hard for his client to look any worse at this point.
Griffin @ 105
it’s funny. i was talking to my cousin in d.c. today and he is tied into the legislator/media/lobbyist triangle. i know, pray for him; at least he’s on the democratic side of things.
i asked what his take or the take of his fellows was on the libby trial, and he gave me all the old talking points: the idea that this is a weird sideshow that doesn’t amount to much; that this prosecutor has overzealously overstepped his bounds; that it’s a trial without a real crime; and that it’s needlessly trampled over the first amendment.
your inside-the-beltway perspective: clueless.
Frank Probst @ 112
Oh, I agree but I could never put it so well.
AZ Matt @ 111: “I was just over at HuffPo reading Arianna’s blog from this afternoon and then the comments. One person, and only one, said it is all Wilson’s fault, he made it up. Some people are ignorant, others want to just stay that way.”
That’s because the wingnuts were all over at Bill Arkin’s Early Warning WaPo blog today, having been directed there by O’Reilly to vent their spew.
It was a truly poisonous atmosphere, an excercise in the worst of democracy and a reminder of why the founding fathers built checks into the system for minority voices to get a hearing.
.
Liberal Heart @ 108
Relatively speaking, of course.
Late Nite thread upstairs
Frank Probst @ 112: “Mitchell may be able to get away with claiming she’s protecting a source (doubtful), but only if there really IS a source to protect, and that’s going to set her up for a grand jury summons.”
There isn’t a source to protect. Mitchell’s “Everyone knew” comment came from Libby telling her he heard about Valerie Wilson from reporters. On cross-exam, the prosecution will draw that out of her, further indicting Libby.
So there’s no source to protect, though one wonders what Team Libby thinks they have to gain from her testimony.
.
It’s bizarre for Cheney to contend that he could ‘insta-declassify’ Ms. Plame’s status without notifying her or anyone else – but Scalia, et al. would likely support him, citing either the ‘unitary executive’ theory, or the inherent powers of the OVP, the newly-discovered fourth branch of our government.
And it should be politically untenable for Bush to admit that he allowed Fitz’s investigation to drag on for three years even though Bush knew about the insta-declassification, or worse that Cheney didn’t bother to tell Bush – but the corporate media would likely give them a pass (and as Boudica said above ‘if they don’t see it on tevee, it didn’t happen.’)
So, we still have a lot of work to do at the netroots.
perris @ 62
Like everything else. They don’t prepare for winning, but you can be sure they prepare for failure.
aka – Half-ass backwards.
johnSwifty @
96
Thanks johnSwifty.
But, the more I ponder it, the more I think the thing that explains Russert’s inconsistency is that someone got to him between the F.B.I. call and the Grand Jury supoena and said “Hush up!” Libby’s alibi was going to be his one sided reporting about Russert, who wouldn’t then testify. Fitz may well have broken down the grand plan when he went nose to nose with Judith Miller. So now, the reason Libby looks like such a moron is that he thought he was bullet-proof in the Grand Jury with Miller and Russert taking the “first” [amendment] path to silence. It’s a much more believable hypothesis than that he’s simply a fool.
Makes one wonder, “Who would’ve gone to NBC, the NYT, and maybe Time Magazine to push this whole First Amendment privilege scenerio? Who would they have gone to?
Oh, the joy of conspiracy theories!
Geez… Every day I become more and more convinced that what FDL and friends are doing covering this story is a watershed event in the collection, analysis and dissemination of newsworthy information.
And Jane, you are so smart (and not to mention gorgeous) you should be hosting your own TV show. I loved your smile when Arianna mentioned the “incredibly grandiose, pompous language”. Kudos to all involved.
Alright. I’m gonna rain on the parade a little bit with the following observations on style. I was liking on Marcy and Jeralyn’s Politics TV “Trial Analysis” better.
Now I see biases and agendas starting to shine through what, at the beginning of this trial, impressed me as an [almost] academic and opaque objectivity by FDL.
This first struck me on last nights Politics TV summary with comments that seem to walk a fine line between judgements:
“ironic” “screwed” “made-up” “supposed alibis” Pres. Bush as “Tony Soprano”
And observations:
“Fitzgerald seemed incredulous” “Libby awkward..” and a thousand other great observations since this began. You guys are amazing.
I live in serious Bush Country and am hyper sensitive at choosing my words. I occasionally listen to the punheads and compare that to what I hear on the street; it’s amazing how well they disseminate attacks and discredits upon people. That Tony Soprano remark yesterday could easily be used to obfuscate your journalistic integrity/objectivity by someone who doesn’t want your real message to be heard.
And after today’s skewering of pumpkinhead, I’d say you guys were out to roast some Russert weenies by the fire dog lake.
On the other hand, this is political high drama and intrigue. If thats your angle, darlin’, rock on!
Meanwhile, on your content: without parallel. You’re my heros. Thank you.
JGabriel @ 118
Probably, but we’re not 100% sure. I’m curious about what she’s going to say.
I am wondering if Jane, Swopa & Arianna are focusing on Tim Russert making an ass of himself because the case is already in the bag.
What is revealed about the press is new and interesting. It just seems more like gossip than an assessment of whether or not Fitzgerald is successfully making his case. What are the strengths and weaknesses in his case?
Are the FDL observers so confident that Fitzgerald has nailed Libby to the wall that we can simply gloat about the reconfirmation that Russert is a moron?
Personally, I do not have the sense, based on my time constrained reviews, here and elsewhere, that this case is a done deal. In fact, I feel like there is a 50/50 chance of acquittal.
the Special Prosecurot was appointed to investigate and, if appropriate, prosecutor
Cleanup crew:
Special Prosecutor
This is getting complicated and will get even more so as the dream team defense inexorably builds its case in the weeks ahead.
It’s going to get tought but: Try hard to keep you eyes on the ball. This ~was~ a very deliberate and vindictive HIT JOB.
Why? This trial shows a failed attempt to cover up a cover up. Why cover up in the first place? They had nothing. The nuclear threat from Iraq was pure bullshit. Wilson had to be kicked very hard in the balls for having the gonads to suggest it.
Why cover up the cover up? Because Tenet left a so-long card which set the DOJ into investigating it. The 2ndary cover-up (the hit on the Wilsons and the CPD) was seveverly illegal; plus, the motivation behind it pointed directly at the original cover up.
That is most defintely what this is all about, folks.
The “smoking gun” hysteria was only one part of it and Fitz is most assuredly aware of it. Four years of bad news, thousands of deaths, and hundreds of billions of dollars later, we are all receptive to the fact that the case for war was largely a manufactured consent.
Please God – Let justice go as far as it is able to? I don’t care if it takes years of patience. It’s an important enough constitutional precedent to set: It absolutely must never, ever happen again.
Can’t edit? Sigh.
…and, if appropriate, prosecuTE…
Janey….I can’t agree with you more that I really hope that Fitz does not succeed in quashing the subpoenas for Andrea Mitchell and Jill Abramson. Especially for skull-face Andrea Mitchell. I guess whether she actually heard that Mrs. Plames’ CIA status was “common knowledge” can somehow be used to attack Russert’s credibility. But ultimately, I wanna hear her explain her first irresponsible (errr made-up) statements concerning Mrs. Plame. I can’t stand her.
I love this trial and only wish I was a lawyer on either side. Love it, love it.
PS: You are my hero. You have gone through so much personal stuff and still have the strength and willpower to trudge through all this.
I’m in agreement with Mickey @ 121.
While it may be fun to skewer pumpkinhead on the charge of hypocrisy you are missing the greater significance.
Even today, major news media still has ingrained within it the concept of protecting its prerogatives as stated in the First Amendment. This is reflexive and it is almost an axiomatic reaction IF — and I emphasize IF — there is something to protect.
The real noteworthy aspect of Russert speaking to the FBI is that it represents the strongest evidence that his recollection of the Libby conversation – at the time the FBI called him – is the correct recitation. That is that he interpreted Libby’s call as a “viewer complaint” and NOT and an off the record discussion with a source.
Now remember the FBI conversation occurred in November 2003.
Then Fitzgerald got appointed and things became serious.
Only after this did NBC — in its corporate persona — start to make the First Amendment claims. Now you can argue (a) hypocrisy about the first amendment claims OR (b) you can argue that the First Amendment claim was made because it had filtered back to GE corporate that Russert’s testimony would be the linchpin of a major indictment of the administration. So, in effect, the first amendment argument was part of the cover-up.
I choose (b).
And don’t forget there was an election coming.
Russert didn’t give a thought to shielding Libby because he truly never was a source and Russert didn’t believe there was anything to protect.
Fitzgerald operates at the pleasure of the President.
The Bush Legacy and GOP Presidential politics in 2008 will not be sacrificed to Cheney.
Because Cheney has become recalcitrant, power mad, and downright disobedient. The MSM says that he is of the school of thought that “reserves power to the the Executive.” Indeed, but he waylays the vast majority of it to the Vice Executive.
He was told to stop. He did not.
The Family and its old guard advisors, scary, stern people like James A Baker III have been rebuked by Dick Cheney. Who in the WH said, “Jim Baker can now go back to his day job”?
Long in play, a legacy protecting weapon, Fitzgerald is now off the leash. Scooter was stupid and told a lot of lies that are now choking him, helping to make the wily prosecutor’s job that much more thorough.
My Theory:
The Government wins against Libby. The truth of what has been obstructed will come out; Cheney will be indicted. Legally snared, and perfectly so, he will be forced to resign.
The Family will appoint McCain as VP. He will then run in 08 from a real Executive Catbird seat.
Rove has flipped and the deal has been struck to protect the Chief Executive from scrutiny, let alone indictment.
The target is Cheney.
And I say Hooo-ha!
The way I read the Executive Order signed by Bush on March 25, 2003 (Hmmm!) is that Cheney can only classify or declassify materials WITHIN the Office of the Vice President (in his Executive status). unless he is given authorization, in writing the authority to declassify specific materials by an agency head (as defined by 5 USC 105) that was the originating classification authority. But anyone can receive that authorization apparently.
But Cheney is not the “boss” of the CIA or any other agency, except the OVP. Technically, Bush is the “supervisor” of all the Executive Departments, but he is the Agency Head of only the Office of the President.
That power to have delegated declassification authority can also be derived from the immediate supervisor of the “originating classification authority”. So supposedly, if Tenet, didn’t give Cheney authority, Bush could. But it’s not that easy.
The Executive Order is quite specific that there are a set of procedures and record-keeping that must be undertaken before a declassification request is acted upon.
Part III. “In some exceptional cases, however, the need to protect such information may be outweighed by the public interest in disclosure of the information, and in these cases the information should be declassified. When such questions arise, they shall be referred to the AGENCY HEAD or the SENIOR AGENCY OFFICIAL. That official will determine, as an exercise of discretion, whether the public interest in disclosure outweighs the damage to the national security that might reasonably be expected from disclosure.”
http://www.fas.org/sgp/bush/eoamend.html
A “Mandatory Declassification Review” must occur whenever there is request to declassify materials from an external agency or individual (i.e Bush-or Cheney- isn’t the original authority that classified Plame’s identity, and is thus an EXTERNAL AGENCY). Any such request for declassification must be referred to the original classification authority agency for review (3.6b), which can deny the request.
If there is an appeal, it would then go to the Interagency Security Classification Panel (reps from State, Defense, DOJ, CIA, National Archives., Asst. to President NSA, and the Director of the Information Security Oversight Office) for review if there is an objection on a mandatory declassification request (5.2b5). If the DCIA objects because of the risk to National Security (including intelligence sources and operations) continued classification can be appealed to the President, who can order declassification.
Bush would ultimately “win” but there would be a paper trail. And it would take time and notifications of folks in the CIA. And if Tenet, McLaughlin, or other officials felt that the action constituted a violation of any LAW, they might be compelled to come out regarding such “declassifications of National Security information” that were at odds with the laws (see 6.2c below)
The important Disclaimer Statement at 6.2c states quite firmly that some information may be protected by laws and statute that this Presidential Order is restricted from interfering with. I assume that the IAEA Act of 1982 would be just such a law.
BTW there are lots of interesting things in this Executive Order about “Need-to-Know”, and responsibilities of record-holders and users to prevent dissemination of classified information. There’s also the statement as to invalid reasons to classify materials that are not related to National Security. There’s also a record-keeping system with dates of declassifications and changes in classification.
Presumably the dates of a declassification would be declassified! That should apply to the date of declassification of the NIE section as well as any other materials.
Jane! Thank you for keeping the faith and continuing your very hard work in exposing the labyrinth of lies of cheney and his minions. Was just about to give up hope, but the concentration and immense effort of the people who are connecting the dots and exposing the crimes have given back hope that these monsters will be brought to justice and prevented from doing more harm to our country, our troops and the world.
Jane,
Keep it up. Hopefully Shooter is next. Hope Scooter is not giving you any creepy looks. You rock!!
http://www.democraticundergrou…..215;121349
Truthdig: Generals Warn Against ‘Disastrous’ Iran Attack
Posted on Feb 4, 2007
Three former high-ranking U.S. generals have called on the Bush administration to pursue diplomacy with Iran, saying “an attack on Iran would have disastrous consequences,” a concern shared by a group of 22 physicists, including 12 Nobel laureates, who’ve asked Congress to restrict the president’s ability to use nuclear weapons against Tehran.
Diplomacy can still win Iran (published in the Sunday Times):
AS FORMER US military leaders, we strongly caution against the use of military force against Iran. An attack on Iran would have disastrous consequences for security in the region, coalition forces in Iraq and would further exacerbate regional and global tensions. The current crisis must be resolved through diplomacy.
A strategy of diplomatic engagement with Iran would serve the interests of the US and the UK and potentially could enhance regional and international security. The British government has a vital role to play in securing a renewed diplomatic push and making it clear that it will oppose any recourse to military force. The Bush administration should engage immediately in direct talks with the government of Iran without preconditions. There is time available to talk, we must ensure that we use it.
Lieutenant General Robert G Gard Jr
US Army (Ret), Former assistant to the Secretary of Defense, president, National Defense University
General Joseph P Hoar
US Marine Corps (Ret), Former Commander in Chief, US Central Command
Vice Admiral Jack Shanahan
US Navy (Ret), Former Director of the Center for Defense Information and currently Chairman, Military Advisory Committee
These video reports are really excellent. Thanks again Jane, Arianna and Swopa.
cinnamonape @ 132
The ultimate head of the agencies involved is the President, isn’t it? That would give him the authority over any head of CIA?
Also, the last section of that EO defers the implementation of some key provisions for a period of 180 days.
Personally, I think the situation implies the weight of a conspiracy planned in advance.
In the language used by this administration, the easiest claim for them to make is that it was done in a time of emergency for the interest of national defense.
More and more, Cheney is looking like an ‘unindicted co-conspirator’. When is the big fish going to be reeled in? Libby takes the hit, gets pardoned, and all’s well in the White House.
We’ve had some of the best in Congress pushing for accountability but we’re still closer to the beginning of this fish-fight than the end.
One thing I find myself pondering these days is, why did Ashcroft recuse himself from this investigation and kick it to Fitzgerald to begin with? I always assumed he had some involvement in the intrigue but if so it has not come out unless I have missed it. Hmmm?
Jane, take care of yourself. Thank you so much for all you’re doing in defense of liberty.
You rock!
you are an incredible woman.
-dave 47/divorced
And by the way, Mr. Bush, don’t you think it is high time you and your cohorts resign and leave the country? Take Cheney with you.
Your lies are legendary. Your feats of brutality are storied. We don’t need your presence no more.