
(Photo by REUTERS/Jonathan Ernst via Yahoo. From left to right: Government Attorney Peter Zeidenberg, FBI Agent Deborah Bond, Special Counsel Patrick Fitzgerald, and Government Attorney Kathleen Kedian.)
For those joining us a little late this morning, the jury note was a question that was asked and answered by the jury themselves. It dealt with Count III, which is a Cooper count. Jane talked about it here, and Jeralyn has copies of both jury notes here and here. The jury is continuing to deliberate. And we continue to wait for a verdict.
While we have all spent a whole lot of time scrutinizing every aspect of the Traitorgate investigation, and the subsequent indictment and trial of I. Lewis Libby, there are aspects of the case that deserve a bit of wider discussion. And I'd like to bring a couple to everyone's attention -- before we hear anything about a verdict. Thought it might be a nice way to pass a little time.
First, the members of Pat Fitzgerald's investigative and trial team. Because I have gotten so many questions about my impressions of all of them when I've been in DC, I thought I'd bring a little glimpse to all of you today through a vignette article from Legal Times reporter Sarah Kelly from way back in October of 2005. From the article:
One convinced a jury to convict a deadly crew of drug dealers that plagued Washington, D.C., for more than a decade. Another helped nab two of the highest-profile spies in recent years. There's the lawyer who took on a Chicago mobster and won, and the young prosecutor who helped disband a ring of exotic animal poachers in the Midwest.Then there's Patrick Fitzgerald, the special prosecutor from Chicago who has led these and a handful of other attorneys in a massive investigation to determine who in the White House leaked the name of a covert Central Intelligence Agency operative to the media....
Peter Zeidenberg, a Justice Department prosecutor with the public integrity section, brings to Fitzgerald's team experience in high-profile cases involving public officials. Despite a recent failure to convict David Rosen -- the former campaign finance director for Sen. Hillary Clinton, D-N.Y., who is accused of lying to the Federal Election Commission -- his résumé includes a number of wins in other public corruption cases.
Locally, he's widely known as the prosecutor who, in the longest criminal trial in D.C. history, brought down the infamous K Street Crew, a gang of marijuana dealers known for killing witnesses.
Also from Washington is Kathleen Kedian, a relative newcomer to the counterespionage section. Her role in the case involves handling much of the grunt work, like sorting through stacks of documents, says the former DOJ official....
When reporters Miller and Cooper appealed a judge's ruling ordering them to testify earlier this year, Fitzgerald called on two key Chicago attorneys to litigate the matter: James Fleissner, now a professor at Mercer University Law School in Georgia, and Debra Bonamici, an appellate specialist in the Chicago U.S. Attorney's Office....
Bonamici made a name for herself in Chicago after convicting members of an exotic animal ring, in which nearly two dozen tigers and leopards were killed for their skins.
These are the attorneys that I have seen in court, at the government's table -- but there are a whole host of other attorneys who worked on the investigative team, who worked before the federal grand jury and hand-in-hand with the FBI agents investigating the case, who also deserve both a mention and some thanks: John Dion, Ron Roos, Bruce Swartz, Gary Shapiro, David Glockner, and James Fleissner, among many, many others -- those are just the names mentioned in the article. (Not to mention "Gene," whose last name I never did catch, who wrangled all of the government witnesses at the courthouse with a smooth and effective demeanor, and who apparently knew Fitzgerald from "the old days.") Along with those are two big names that deserve much thanks: Jack Eckenrode, retired from the FBI but the man who led the investigation through most of the hard slogging, and James Comey, who pushed the investigation forward.

(From left to right: Randall Samborn, the government team's spokesperson; Kathleen Kedian and Patrick Fitzgerald.)
(Debra Bonamici -- who is far cuter in person than this photograph would make you think, but it is the only picture that I could find of her for you guys after several hours of searching.)
To all of them, I say thank you -- it is not often in the study of political theater that you find a group of individuals who just do their jobs, take them seriously, don't leak to aggrandize their status within the Beltway crowd and the media circuit, and who simply dedicate themselves to the pursuit of justice and the rule of law. Just...thanks. (And to anyone that I might have missed, my humble apologies. But thanks to you as well. Truly. Especially to the family and friends of all those folks who have worked on this case -- having pulled the 16 plus hour days during trial prep for much smaller cases than this one, I know the sacrifices this investigation and trial must have entailed. So thank you.)
Additionally, there was an interesting profile of the jury's day from the AP (via Time magazine) that I wanted to bring to everyone's attention (H/T to pai for the link.).
The jury is wearing jeans! The scuttlebutt raced like a battlefront bulletin Tuesday through the five dozen prosecutors, defense attorneys and reporters camped in the federal courthouse awaiting a verdict in the perjury trial of ex-White House aide I. Lewis "Scooter" Libby.Most trial lawyers and reporters believe jurors dress up when they expect to reach a verdict and don casual clothes if they've still got lots of work to do....
Each morning, the jurors arrive by 9 a.m. in a U.S. marshals' van. Coffee, juice and pastries await them. Lunch is brought to them from the courthouse cafeteria, but no one knows whether they work while they eat. Cookies and beverages are wheeled in around 3 p.m., and they go home at 5 p.m.
There are lots of fun little tidbits in the AP article, so please take a little time and give it a read. It's a little glimpse into life in the Prettyman courthouse these days, where everyone is doing the same thing -- waiting for a verdict.
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this can’t be right. me? first poster?
Fitz!
Congratulations, dmg!
And we wait…
-S
Fitz-uh-licious
Fitz!
Fitz!
Fitz’s Crew!
well, heck, calling in sick is worth SOMETHING, it seems.
Team Fitz!
Plame House Team!
(and congrats on the zed, dmg)
dmg @
1
Collective hallucination. Relax, it’ll go away. ;)
Fitz pointed out, when he tried to argue to add the alternate, that the jury had only been out for two days. Emphasis on “only.” He’s obviously not expecting them to crank out a quick verdict. I gotta think that at this point, with no sense of jury impasse as of yet, that Libby’s schwitzing in his herringbone suit.
yknow, up until the disgrace that was the starr bunch, it was my experience that special prosecutors/independent counsels were extraordinarily dedicated to upholding the law.
the fitz crew has really restored my faith in what happens when there’s a new sheriff brought into town.
three cheers for these intrepid public servants!
Hey gang- Fitz!!!!!
I would like to make a suggestion for future discussion…regarding the term “traitor gate”
this word is counter productive to our cause
the wing nuts are uninformed, have fallen for corporate propaganda, and think Watergate was not something to be ashamed of, they actually applaud Nixon for “taking it to the democrats”
this exposure of our national security is far more important and far more damaging then Watergate and for the future, other actions should be compared against this event, not this event compared against Watergate
therefore, for the future, instead of “traitor gate”, I would like to start using terms like
“act of treason against America”
“people who think nothing of committing treason”
“traitors to our land like Libby and Cheney”
terms that will be a blow to the solar plexus of the wing nuts that try to repeat the mindless excuses from their puppeteers
Thanks so much for writing this Christy. It obviously took a lot of time to assemble the info. You answered a lot of my questions about the able public servants you and the crew have generously allowed us to read about.
There aren’t words to adequately thank all at FDL who have made knowledge/coverage of the Libby case available to the world. This has been an amazing lesson in civics/citizenship.
Let’s hope the jurors really heard Fitz’s message about the truth and sense what’s at stake for all of us.
Froomkin’s chatz is live now.
i never realized how impatience is a virtue too!
From AP, quoted by CHS @ Top:
I suspect this is just the kind of tea-leaf reading people engage in when they’re really bored and awaiting a decision, rather than something they actually believe.
Christy, or any other lawyers, could you comment or clarify?
What a fun post!
Somewhere in the comments over the past few days I read (or maybe it was somewhere else!) I read that Ziedenberg was involved in bringing down Abramoff and Scanlon. Anyone know if this true?
Re: Fitz’s politics. From WashPo:
Don’t forget to dot your “i’s” and cross your “7’s,” pups.
Ed*ard Teller @ 21
707dmg @ 11
Ken Starr independent?
BTW in the end he did get his cushy pay-off job at Scaife’s Pepperdine U. (not the the MSM noticed.)
perris @ 22
strike tags in case you’re wodering, pretty handy those strike tags
JGabriel at 18 — Pretty much. WHen you are outside the jury room and waiting, everything takes on a much bigger importance because you really have NO idea what is going on within the deliberations themselves. I’ve learned to never try and second-guess the jury, because you are almost always wrong or off. I’ve learned the best way to figure out what they are doing is to just wait and let them tell you themselves with their verdict, as hard as it is to wait.
What i want to know is, and it’s totally irrelevant to their wonderful resumes, is this:
* Did Fitz ever get a cat?
I had read that he had been turned down for one because he works such long hours!
I hope the jury comes back soon, I’m working on a Deep Vein Thrombosis here. Man, am I stiff!
Woodhall at 19 — Zeidenberg was the lead prosecutor in the Safavian trial, among others.
Wow! What a team. They will be in history books someday. Thanks for this info, Christy.
One affectation I managed to outgrow was making little circles over my i’s & j’s
I would wear Levi’s if I was going to throw a traitor in jail, but that’s just me. Are they all wearing jeans? The women too? Is it like the red t-shirts? I keep thinking this jury is trying to do the right thing and convict but they want to make it iron clad. I am willing to bet they will be done before the week-end. But today would sure be nice. This is just the first step in a long difficult job.
How tall is Fitzgerald, anyway? He looks like a giant next to Zeidenberg and the two women.
Christy,
Excellent post– as usual!
perris @ 22
7 and 7 Is is a song from the band Love, written by Arthur Lee and recorded on June 20,1966 at Sunset Sound Recorders in Hollywood. It was produced by Jac Holzman and engineered by Bruce Botnick. The song took a great deal of work to record with Love’s drummer, Alban “Snoopy” Pfisterer, being unable to cope with its frantic demands after 30 takes or so and being replaced on drums by Arthur Lee himself. Described as “proto-punk”, it was later covered by the Ramones, Alice Cooper, Rush and others, as well as being re-recorded by Lee himself.
perris @ 22
LOL
Kate P @ 32
6′ 2″
Re- those last two notes. I get the strong impression they know Irving lied. They just weren’t sure about the charge.
Guilty all counts - pervert Irv freed on appeal. Publicity firestorm - Cheney retires. Just my 2c
FWIW, Agent Bond is pretty tall herself. I think the camera angle makes the top photo a little wonky with the heights. (Then again, I’m short and everyone looks tall to me.)
Have we ever discussed which DC neighborhood Plame House is in? I’m imagining Red Line, perhaps a tidy little place in Cleveland Park, or Tenleytown. A place with a nice bakery nearby, and a coffeeshop.
Obviously wouldn’t want to be too specific.
so who here puts a diagonal line through their zero to distinguish it from an O?
Everyone keeps saying 6′2″, but with all these pix I’m starting to wonder if he’s 7′3″.
Everyone else on the prosecution team must be midges.
From WashPo:
raven @ 34
I love Love
Biodun @ 20
Good to know Fitz is only human. Actually, the voter registration cards in New York State list “Independence” as a party - it’s the shell of the Perot Reform Party, hijacked by the crazy Fulani followers. The choice of name is deliberate; it’s intended to capitalize on voter confusion. I registered thousands of voters in the state, including many on university campuses, and you wouldn’t believe how many check it off, making the same error.
An understandable mistake, but it still amuses me that Fitz once listed himself as a Fulani-ite :)
are we there yet?
punaise @
40
I used to– dunno why I started or stopped!
professor rat @ 36
i’m not saying this isn’t a pleasant forecast, but cheney will never retire.
under any circumstances.
(snark)
There may be a preponderance of PhD’s on the jury, but our esteemed foreperson can’t spell:
“clairification” (in both notes)!
Jury lunch goes from 12:30pm to 1:30p, right? (fidget fidget, shift, tap, tap, tap)
Biodun @ 42
That’s a lot of man.
:D
OT-
Someone said yesterday that they were going to see Gen. Clark last night. Anyone know who that was?
dmg @ 47
Yeah, no kidding. And if you think the neocon shadow government will go into retirement if a Dem gets elected in ‘08, think again.
Christy Hardin Smith @
28
And Z. won. Saf convicted on 4 of 5 counts. Jury deliberated for 6 days. Anything sound familiar?
urban pirate @ 45
20 more minutes.
perris @ 14
nice idea, but nicknames have to roll off the tongue and be easy to remember. Like upperdownvote or timeofwar or warronterra. Anything that’s hard to say and remember just won’t gain traction. Both George Carlin and Frank Luntz harp on this.
btw, the new Repub talky word is “micromanage.”
Elliott @ 42
I got to see them a couple of years back in LA and I was stunned how good they were. Most of his band was “Lemonade Baby” but Johnny Echols did play with them. The DVD is with this band but it’s really worth a look.
furioso @ 48
what! no spell-check in the jury room?
Christy Hardin Smith @ 25
Thanks, Christy. Maybe that’ll help cut down on the server load a li’l bit by reducing specualation wrt the jury’s attire. ;)
raven @ 34
And their version of Burt Bacharach’s (!) “My Little Red Book” is punk’s rosetta stone.
That’s my first, and last, thoughtless post of the day. Fits!
urban pirate @ 45
no, and we’re so bored/anxious that now we’re trying to distract ourselves with comments on fitz’s height, his apartment and other nonsensical items…
i’m not complaining, mind you…. just so long as we don’t devolve to discussions of anna nicole.
95 @ 44:
When I lived in Brooklyn in the 1980s, I met Lenore Fulani when she was campaigning for something or herself. She’s as zany as a bat…
angie - epu’d an answer to you back in part two - thanks.
raven @ 56
cool
thanks for the info about the DVD, I still haven’t converted my LPs to CDs.
The foreperson crossed the second “7″, but not the first one when she wrote “2/27/07″.
I think she’s a flip-flopper.
The downswing on the “m” in “4:30 p.m.” suggests to me she’s female.
kirk murphy @ 8
selise @ 60
As bored and nervous as we all are, isn’t this way better than watching some major event unfold over hours on the MSM? There we can only listen to talking heads blather away to kill time. Here it is more like a giant party where eveyone gets to play. A great improvement in my book!
Lord have mercy, baby’s got her blue jeans on!
OK, my prediction is tomorrow there are verdicts.
if not tomorrow then the judge asks for submissions from the lawyers to give the further instruction
Thanks FDL, you guys rock! Watching this trial unfold has been interesting to say the least!
Bet you didn’t catch this story:
BREAKING:
Cheney invites Fitzgerald on hunting trip
Last installment from WasPo on Fitz:
My bold. Oh oh. Not a very apt metaphor there, Fitz.
punaise @
40
Just us nerds. My habit is left over from programming a CDC 6400 in the late sixties. Who remembers Hollerith cards?
perris @ 67
unless in the latest voider the judge asked if they are making progress and he was answered in the affirmative.
ReneND @ 51
Amy Goodman was going to interview him last night.
I hope its on her show this afternoon.
Monsieur Le Prof @ 68
now that’s a good one…great first post
All of the information on how juries deliberate, the backgrounds of the prosecution lawyers, the courtroom scene, and all the speculation are fascinating to me. Thanks so much for such wonderful coverage.
As for language about the case, I never use the word “outed,” I always say, “betrayed Plame’s identity..”
As for speculation, anyone care to speculate about why Wells was eager for Walton not to ask for clarification and for Walton to go ahead and send back the answer he and Fitz apparently agreed on?
I just want to clarify that when I said “old europe” wrt to the crossed 7, it as a lame attempt at snark (Rummy called France * Germany Old Europe when they refused to join the coalition which was later refered to that of the “willing”). I know that it is the way one writes a
7in modern Europe in order to differentiate it from a one which looks much like a 7 without a cross!Eureka Springs, AR @ 71
Thanks. There was someone from FDL also, just can’t remember who.
tommy yum @ 59
OMG! Bacharach wrote that?!
I just got out my little red book…
From the comments secion at just one minute:
petedownunder @ 70
Waves hand. One of my greatest fears is I’ll be buried alive, 12 edge down. :smile:
Monsieur Le Prof @ 68:
707!
La Rochelle, France. I like the place-name, and the town itself.
Kate P @ 32
I say he’s 10 feet tall - a giant among men!
perris @
14
3 sylables is gonna beat 9, 12 or 10 syllables anyday.
Sparkles the Iguana @ 51
no, it’ll be like the clinton years — pnac, anybody?
but this time the nation will know what it’s up against.
Questions.. “When:) found guity/sentenced, can Libby be ordered to start serving sentence whilst waiting on Appeals?”
And, “Wouldn’t that make a deal look really really good to Mr Scooter?”
Yeah!!!!
tommy yum @
59
I’ll stop too but MLRB was first done by Manfred Mann and was in “What’s New Pussycat”!
For all the folks (like me) who don’t know…
Does the jury have a written copy of the testimony that they can refer to, or do they simply have to remember what they heard/saw?
Biodun @ 69
Ah, he swims like I do (like a rock)!
If the one count is the only one left to decide, maybe they can finish today.
Elliott @ 76
…the minute that you said, goodbye ; )
http://www.youtube.com/watch?v=1hLP8_F2fkw
OldDave @ 79
My biggest fear was dropping the box of the damn things and having to get them back in order. A fear that came true more than once. I’m still in therapy….
Sparkles the Iguana @ 78
That is stomach-turning.
I so want this jury back. If they wait until Monday, it will make me mad.
OK Everybody just stop it with the clothes analysis as to whether they will reach a verdict. This is absolutely in left field IMO and I’ve been around more juries than I care to remember. They have dressed more comfortably in order to be more comfortable deliberating. They will reach a verdict whenever they are done, irrespective of their attire.
Biodun @ 80
Me too. I liked it so much I chose to stay!
Fitz is a lean mean fighting machine.
ReneND @ 76:
I remember litigatormom saying her 16-year-old son was going to be there. She was talking to another FDLer who was also going. Can’t recall the handle. Alas, I’m not the Omniscient One. That’s EPU.
Elliott @
23
Starr was not independent. He was Bush 41’s solicitor general. And Bush 41 lost the 1992 election to Clinton. That’s not independent. That’s adversarial.
And Starr had never prosecuted anything in his life.
Apparently the three judge panel who appointed Starr didn’t understand the definition of either “independent” or “prosecutor”.
ccmask @ 94
best things about Fitz:
1. White Sox fan
2. Maintains Chicago accent
Some other recent headlines, if anyone wants to pass the time:
Bush: ‘Every fallen soldier’s family will get a new SUV’
House Republicans propose mandatory witch-burning amendment
Evangelist tired of insisting he’s not gay
NSA to release ‘Best of 2006′ intercepted communications
How am I supposed to get any work done with this damn jury taking so freakin long?!?!?
Thank god for FDL or I would go insane.
dmg @ 83
What makes you think they’re paying enough attention to know what PNAC is?
cosmo @ 99
you know, if the president simply said “it was cheney I think we should impeach him”, then we could all get back to work
this is REALLY bad for the economy
Biodun @ 94
OK. Thanks. I’ll try in the evening comments.
I should have made a note of it.
bobbles @ 74
Two theories spring to mind:
1) Like many of us, Wells probably saw the question as a sign that the jury wasn’t sure if it shoudl convict on count three. He’d much rather send a reply specifying the somewhat limited grounds established by the count than risk having the jury say ‘nevermind’ and convict on broader (and incorrect) grounds.
2) He’s tired, and he’s bored. He and Fitz agreed on the note’s likely meaning and on a response - he wanted to move ahead, rather than request clarification, get a new note, negotiate a new response, and send it back.
Monsieur Le Prof - It is a sign of our times that I thought that first headline about SUVs was real for a moment. I was about to freak out. Thanks for the laugh!
Jwoods @ 97
He does not have a Chicago accent. I assure you!
Jwoods @ 97
But he ain’t from Chicago?
Sparkles the Iguana @ 105
Thanks, he wouldn’t know an Italian Beef if it bit him!
Sparkles the Iguana @ 105
He did at the press conference when he announce Libby’s indictment.
He sounded like Rich Daley’s older smarter brother.
He’s from Brooklyn.
Jwoods, you are on crack. Have you ever heard a Chicago accent?
Cozumel @ 88
cool!
that’ll help ward off the Deep Vein Thrombosis I’m working on waiting for this verdict.