So, I guess we know now what prompted Rove to “say too much” to Cooper — his excitement at learning the cat was finally coming out of the bag, courtesy of Novakula.

Rove talked to Cooper before before 11:07 friday morning.

It was 11:07 on a Friday morning, July 11, 2003, and Time magazine correspondent Matt Cooper was tapping out an e-mail to his bureau chief, Michael Duffy. “Subject: Rove/P&C,” (for personal and confidential), Cooper began. “Spoke to Rove on double super secret background for about two mins before he went on vacation …”
Newsweek July 18 2005 Issue (Online by 7/13/05)

Novak didn’t finish until 1:00PM

W WRT usual process, after you wrote article, what time on wire?

RN It depends on when I got it to the syndicate. My recollection is since I had busy afternoon, I wanted to finish it before noon, editing before 1, following usual practice it would have gone on immediately thereafter.
EW Liveblog

Here Wells says Holdt had the column at 4:00, but also says draft.

W did you have conversations with him about it. Did you give him a draft of the article.

RN Yes.

W Mr. Holt had the article in his hand by 4:00 that day. And Holt is a lobbyist about town. Would you describe him as a gossip.
EW Liveblog

I believe from analyses I’ve read concerning the enabling documents for Patrick Fitzgerald’s investigation, that to conduct the investigation, he has all the powers of the Attorney General and that Comey granted him further powers, in another enabling document, that gave Fitzpatrick the authority to go wherever the investigation took him. As a result, it is my understanding that Fitzpatrick cannot be fired and can charge whatever crimes he discovers. Does anyone here know if this analysis is correct?

The DOJ Articles appointing Fitz can be seen here;(pdf alert)

December 30, 2003
The Honorable Patrick J. Fitzgerald
United States Attorney
219 S. Dearborn Street
Chicago, IL 60604

Dear Patrick,

By the authority vested in the Attorney General by law, including 28 U. S .C. 509, 510, and 515, and in my capacity as Acting Attorney General pursuant to 28 U.S.C. 508, I hereby delegate to you all the authority of the Attorney General with respect to the Department’s investigation into the alleged unauthorized disclosure of a CIA employee’s identity, and I direct you to exercise that authority as Special Counsel independent of the supervision or control of any officer of the Department.

/s/ James B. Comey James B. Comey Acting Attorney General

February 6, 2004
The Honorable Patrick J. Fitzgerald United States Attorney Northern District of Illinois 219 S. Dearborn Street Chicago, Illinois 60604

Dear Patrick:

At your request, I am writing to clarify that my December 30, 2003, delegation to you of “all the authority of the Attorney General with respect to the Department’s investigation into the alleged unauthorized disclosure of a CIA employee’s identity” is plenary and includes the authority to investigate and prosecute violations of any federal criminal laws related to the underlying alleged unauthorized disclosure, as well as federal crimes committed in the course of, and with intent to interfere with, your investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses; to conduct appeals arising out of the matter being investigated and/or prosecuted; and to pursue administrative remedies and civil sanctions (such as civil contempt) that are within the Attorney General’s authority to impose or pursue. Further, my conferral on you of the title of “Special Counsel” in this matter should not be misunderstood to suggest that your position and authorities are defined and limited by 28 CFR Part 600.
Sincerely,

/s/ James B. Comey James B. Comey Acting Attorney General

SO, it looks like the Atty Gnl cannot fire Fitz as Special Prosecutor although he can fire him as US Attorney. However, I think Fitz can be impeached and he can probably be scotched by someone out of the DOJ, as, for instance, a unitary executive. But if W tries it he’ll wish he hadn’t.

Any bets on how many SECONDS it will take John Conyers or Leahy to offer Fitz a job with their respective Judiciary Committees, should Gonzo fire him?

Comforting thought!

On TRex’s overnight, I posted, after 300, my concerns that in looking at all of mainstream media with disdain, we may run the risk of condemning Tim Russert of conspiring with the White House to break the law.

In one of Christy’s threads this morning, Cheney’s Worst Nightmare posted an exchange between Cheney and Russert. I pointed out that in my opinion, Russert’s questions were far from softballs.

My most important point about Russert is that he made a monumentally important decision to talk with the FBI without invoking privilege.

I have called that doing duty to country.

The exchanges are 300 on on TRex’s post. Please look for Cheney’s Worst Nightmare in Chrity’s first post today.

I am in no way a personal friend of Tim Russert. I am a concerned citizen, thankful to all who are confronting this deadly government.

I thank FDL again for great coverage and insight into this trial. I do not have to malign all of mainstream media in order to appreciate the great work of FDL.

This Executive Branch has taken unprecedented steps to increase its power at the expense of the other three branches (I’ve included the press). These steps included a decision to out a CIA agent which in turn may have led to the deaths of other agents.

I cannot conclude that Tim Russert conspired in this treasonous act. As a matter of fact, his decision to speak with the FBI without invoking privilege was a decision of conscience.

I believe he knew full well what he was doing. He told the FBI what it needed to know. He did not invoke privilege.

Thank you Tim Russert.

Your dad’s name wasn’t Russ was it? Big Russ? :)

I think a lot depends on when Libby’s sentence begins, if he’s convicted.

Judge Walton will probably be choosing between two options:

1) Letting Libby remain free until his appeals are exhausted, or,

2) Giving Libby a month or so to put his affairs in order before starting a jail term.

A third option is forcing Libby to immediately start his sentence, but that’s unlikely for a number of reasons, that I needn’t go into here.

If Libby is allowed to remain free until his appeals are exhausted, then he’s unlikely to ever work a deal with Fitz. He’ll just try to keep the appeals going until it’s politically convenient for Bush to pardon him, most likely after the 2008 election.

If, however, Libby is required to start his sentence while awaiting appeals, then Fitz will have some leverage to cut a deal, because at that point Libby will do as much as he can to avoid jail time, or reduce his sentence.

Alternately, it would force Bush to issue an early pardon, before Libby’s sentence were to begin. It would be kind of interesting to see how badly that turns out for Bush and the Republic Party if he tries it.

In either case, Fitz only has leverage if Libby is forced to start his sentence before the appeals process is completed.

I have literally no idea how Walton will rule on that.

I would imagine that the case of a perjury conviction during a potentially ongoing investigation would provide Walton some incentive to rule that Libby’s sentence should begin as soon as is reasonable.

On the other hand, where the offender isn’t violent, there is reason to let the appeals process play out first, so a defendent won’t have to serve a sentence reversed on a appeal, and to allow the defendent to take part in his defense.

How Walton will weigh those issues, and what he ultimately will decide, is anyone’s guess.

Hi JGabriel – sorry I didn’t reply earlier. I had to finally get some work done today!

I think you’re right. My assumption is that if Libby’s convicted of some or all of these charges, the judge likely would not jail him immediately while appeals are ongoing. I assume that because these chargest are non-violent, he’s probably not considered a flight risk, and he’s a first-time offender, he might be allowed to be free or on house arrest while pending appeal. I’m not clear if Walton or a different judge would rule on that – do you know?

So, my assumptions were that he’d not be in prison… or if he was, he’d be in a Ken Lay country-club like prison. Serve a little soft time for six months at the most, just in time to see if all investigations are complete before Bush gives him the pardon. It’s just a theory… probably one Scooter and the VP didn’t expect to have to resort to. I’m hoping he’ll be convicted and we’ll see just how Rove, Cheney & Bush manage this crisis.

You figured out that Mary sold out Tim.

Thanks for letting her announce that on your program.

I’ve written to you about the Old Lions and how much we need them now.

Here’s to the Old Lions.

Tim Russert “is a self-aggrandizing f***wit.”

You know, someone has to do that job, and I am thankful Tim Russert has done it.

Apparently, you are clear that he is unfit for the position.

I am quite happy with the job he is doing. I will be happy if he continues in this thankless position.

… I can’t get Sealed vs. Sealed out of my head. … So, I’m going out on a limb … and moreover that Sealed is the Government (Fitz!) and otherSealed is Rover. Anybody else feel like swallowing that flavor of kool-aid?

I think it’s Schroedinger v. Cat, but we can’t really know until it’s unsealed, opened up and the Cat jumps out of that bag. Far be it from me to let that Cat out of the bag, er envelope.

Backwoods @ 162

I hope there will be an Alexander Butterfield moment.

I’ll never forget the original one. I and my group of my engineers had previously invented “forensic acoustics” and had successfully used it to analyze tape-recorded evidence. I remember almost driving off the road when I heard of Butterfield’s revelation. We began hoping that we’d get a crack at those tapes. We did; loooong story.

For me, the display of the clipped-out, printed original WaPo editorial (with scrawled markup in a hand that’s acknowleged to be Shooter’s) was that moment in TraitorGate.

He’s goin’ down! And his little sockpuppet, too! :)

Loooong story, ok, we’ve got time.

Spill. Maybe on the next thread to maximize the audience.

We’re waiting….