Larry Johnson: Brer Libby and the Greymail Briar Patch

[understandinglife]

Today's judicial ruling that Scooter Libby's defense team should get access to highly classified documents probably is a blow to Libby's greymail defense strategy. "Greymail" is a reference to past attempts by government officials charged with wrongdoing to derail their prosecutions by trying to expose national security secrets. In this case Libby's lawyers were clearly counting on the judge to do one of two things -- either refuse their request or order the CIA and the White House to turnover everything they desired.

If the judge had refused their request then Libby would have had grounds in an appeal that he had not been allowed to defend himself. If the judge granted their request "carte blanche" (i.e., imposing no limits) then the CIA and White House would certainly stonewall, continue arguing executive privilege, and force the entire process into an appeal that probably would wind up before the Supreme Court.

The judge appears to have undermined the ability of the CIA and the White House to fight this all the way to the Supreme Court. He appears to have insulated himself against that course of action by offering up very reasonable conditions for protecting some of the most sensitive intelligence.

<clip>

But, Scooter's team will not find tidbits that exonerates Scooter. They tried to creat a briar patch and were praying that the judge would toss Brer Libby into it. Looks like the judge has burned the briar patch down.

Link:

http://noquarter.typepad.com/my_weblog/2006/03/brer_libby_and_.html

Scooter, ya'need to start singing, dude ...


Peace.

[peacebird]

1. sounds like the Judge is one step ahead of Scooter....

Here's to hoping anyhow.....

[H2O Man]

2. I agree.

I think it will likely turn out that Team Libby regrets doing this. I am sure that VP Cheney loses on this one.

[understandinglife]

3. "I am sure that VP Cheney loses on this one." Yes.

Scooter's gotta start talking to Fitzgerald and the fact that his lawyers don't have him doing just that would appear to my novice eye as gross negligence.

And, I think Cheney's only hope at shaving time from his likely substantial sentence is if he's willing to roll-over on Bush and tell Fitzgerald that Bush gave the order to "get Wilson," and has the proof to back it up.


Peace.

[H2O Man]

5. The thing that Judge Walton said

about Fitzgerald having used those six weeks of information seems key. I also think Walton just removed a card Team Libby thought they could play on appeal.

[Me.]

13. Team Libby Was Going For An Extended Period Of PBDs

which the CIA said it would take nine months to produce. Walton's narrowing the time line to 6 weeks stops the trial from being delayed indefinitely.

[H2O Man]

21. He also has

put the specific requests that Libby (and Cheney) made to his CI briefer into sharp focus. In my opinion, this may be the single worst outcome on this issue that Dick Cheney could have anticipated.

[Me.]

22. Spell It Out

Each little delicious detail, in that essay you're writing

[Stephanie]

25. This explains why Dick was looking so glum yesterday >

The jig is up.











http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=364&topic_id=626752&mesg_id=626752

[Catherine Vincent]

12. Is that why Cheney was looking like a sourpus today?

Although he looks like that all the time. Got a lot on your mind, Dick? :)

[H2O Man]

14. Interesting photo.

Two ugly human beings.

[annabanana]

27. a loser realizing he's lost

[stop the bleeding]

4. Thank you understandinglife !!! -- I was looking for someone's take

on this. I'll take LJ's dissemination any time.

So, what will Libby's lawyers find in the PDB and other documents? Nothing that will save Libby's traitorous ass.:rofl:In fact, I can't wait to see the notes reflecting what Cheney and Libby requested at the end of each briefing. Was it Cheney or Libby who asked about the identity of Joe Wilson's wife? Those notes should help clarify that question.

:rofl::rofl::rofl::rofl::rofl::rofl:

[understandinglife]

6. Soto at "Left Coaster": "It is a clever response because it may leave Team

... Libby with nowhere else to go in pursuing this defense, as they cannot now say they need the actual documents, when they will still be receiving summaries of what Libby already read while in his job.

More at the link:

http://www.theleftcoaster.com/archives/007065.php

Sing Scooter, sing ...


Peace.

[H2O Man]

7. It may be

that those summaries will include responses to questions & requests that the VP and his pet Scooter made.

[understandinglife]

9. If so, Fitzgerald has them both in that "briar patch" that just got burnt.

:thumbsup:

:hi:


Peace.

[electropop]

8. Dammit, who let a smart judge stay in office?

Thought they'd cleaned 'em all out.

GO WALTON!!

:toast:

[Catherine Vincent]

10. Kicked and Recommended!

[FreedomAngel82]

11. I hope he sings too!

[DemReadingDU]

15. K&R

love how you guys put all the pieces together for us!

[troubleinwinter]

16. Thank you all for keeping us up-to-date and for explaining

the meaning of events!

[foreverdem]

17. Thanks understandinglife

I kept hearing on the news that this was a victory for Team Libby. Thanks for putting this in perspective.

[understandinglife]

18. Actually, "team Libby" got "drop-kicked" out of the stadium by the Judge.

And, Cheney has even more reasons to be contemplating why he should be headed to the Nazi's equivalent of South America, i.e., Dubai or Saudi Arabia, for retirement.


Peace.

[stop the bleeding]

19. can't we put Cheney on the next Mar's Rover - those countries

are still close, and Darth Cheney will be able to still run the Evil Empire from his underground lair them.

I just want him, Rove, Rice, and Bolton gone - period.

[H2O Man]

20. Judge Walton

has just put the Office of the Vice President on the hot seat. I will try to outline what has just happened in a new essay later today.

[understandinglife]

23. Please PM me when you post it. I'm in meetings much of the day ...

... and don't want to miss it.

Thanks.


Peace.

[Oilwellian]

24. I look forward to your essay...have a question though

What makes us think the WH or CIA will even cough up a "summary" and/or "topics" of the PDB's to Libby's defense team? I realize the argument is they've already turned this information over to Fitzgerald, but couldn't they claim "national security" since it's Libby's lawyers, who are not cleared to read "national security" related documents or "summaries?" Why do we believe this administration will comply with this judge's orders? It's so obvious they hold this nation's laws and judicial orders in contempt, so what makes us think this time is any different?

[Stephanie]

26. Dick already bought his exile estate in MD, right near Rummy's

He closed on it during Katrina. I think he was imagining he would rule from exile, but I think he'll be spending his time preparing his legal defense.