*** New Thread at Firedoglake.com- Libby Live: Assorted Legal Jousting

[ralps]

Libby Live: Assorted Legal Jousting
By: Swopa
http://www.firedoglake.com/2007/02/05/assorted-legal-jousting/

"Oh, you're going to the big courthouse… the one where they tried to get Mr. Clinton."

That's what the cab driver said to Jane and I as we took our seats for the journey to the E. Barrett Prettyman Courthouse. Jane said, "We're going to get 'em back." She only meant that rhetorically, of course, as we very responsibly demonstrated when we arrived at the security checkpoint right behind Lewis "Scooter" Libby, his wife, and attorney William Jeffress. No insults or sharp objects were hurled, although it did seem to me that Scooter was looking quizzically at Jane and wondering where he'd seen her face before. (Probably just my imagination.)

My name's Swopa, and I'll be your host for this week's live-blogging. Please bear with me, since I'm new at this, and I have a sinking feeling that I don't type nearly as fast as emptywheel (or Jane, for that matter — she'll be in the courtroom today, along with Pach). So I'll be feeling my way until my brain and fingers find a groove they're both comfortable with, in terms of how much I can absorb and pass along in real time.

snip

It's 9:41.

Judge Walton: The first matter is press access to the grand jury tapes… it would appear to me that this circuit has given a level of importance to the public's right of access to exhibits. Considering the importance that our circuit has given to this right, .

Jeffress objects, saying that the precedents don't really justify this step, and that the jury will find it impossible to avoid the publicity resulting from the release of tapes. (You mean they won't be able to avoid re-hearing the testimony they already heard in court??)

Walton doesn't see the difference between overhearing commentary on the tapes versus overhearing commentary on the transcripts.

Jeffress says that the intense media desire to get the tapes shows the greater play that they will receive. (He's got a point there.)

snip

[Sydnie]

1. Looks like they could order the jury to be sequestered

to prevent any "outside" forces from interfering with the jury. As much as I hate the thought, if it gets the tapes released, so be it.

[ralps]

4. Hi Sydnie

[Sydnie]

8. Hi ralps

Long time no see, huh? Good to see you! :hug: right back!

[ralps]

2. *** New Thread at Firedoglake.com- Libby Live: FBI Agent Bond, Six

Libby Live: FBI Agent Bond, Six
By: Swopa
http://www.firedoglake.com/2007/02/05/libby-live-fbi-agent-bond-six/

Aha, we're not done with FBI agent Deborah Bond yet. She takes the witness seat.

The jury comes in, and Judge Walton apologizes for the long delay, asks to make sure they haven't seen any media reports on the case, and reminds them of the importance of not doing so — adding that media coverage is likely to increase (see the earlier thread), so be extra careful.

Wells: Last week, you testified about Mr. Libby's lunch with Ari Fleischer on July 8th.

Bond: I think you have the date incorrect. It was July 7th.

W: I apologize. You were asked about Libby's testimony that he adamantly denied discussing Mr. Wilson's wife at this lunch.

B: Yes.

W: I want to turn to the notes that were taken during the November questioning of Mr. Libby

(Speculation among the press of more mis-written letters — using a "t" instead of an "f", etc.)

B: Those are not my notes. (Oops, hold everything. Sound is turned off, and everyone starts milling around.)

snip

[annabanana]

3. You are a tad behind...

We are up to "Catching Up"... just before the end of the lunch break..

http://www.firedoglake.com/2007/02/05/catching-up/

(Don't miss Agent Bond post #6)

[ralps]

5. Hi annabanana, I'm still waking up so I thought I'd post these & thanks for

posting the catching up link. & I just posted the Agent Bond 6 link

[annabanana]

7. Hi Ralps... I've been bouncing between here & there

since the trial began, basically!

[goclark]

6. Wish this was on live TV like every second of the Chinton/Monica saga

The double standard is so evident.
This is major and all I am hearing is Ryan O'Neal and the Bird Flu.

[ralps]

10. Hi goclark, I wish it was on TV too!!

[Duer 157099]

9. Lunch break is over, new thread:

http://www.firedoglake.com/2007/02/05/libby-live-fbi-agent-bond-seven/#comments

[ralps]

11. Hi dotcosm, Thanks for posting the link

[goclark]

14. keep kicked

[ralps]

12. ***Here's the first post from the Libby Live: FBI Agent Bond, Seven thread

So, how was your lunch? David Corn's got off to a miserable start, as I spent 15-20 minutes haranguing him about our competing theories of the 1×2x6 Plame leaks, in the light of special counsel Patrick Fitzgerald nearly having to give himself the Heimlich maneuver after being asked just what his team had confirmed about them. Neither Corn nor I gave an inch, so that will remain a cliffhanger for the time being. (Expect a post about this tonight, if I'm not too exhausted.) But thanks to David for being a good sport about discussing it.

It's 1:30 p.m. in Washington, D.C., FBI agent Bond is back at the stand for more Chinese water torture, so it looks like we're ready to get under way.

snip

Fitz says that after Bond, we'll have Scooter's grand jury testimony… and, surprise, there are more "issues" to be resolved. There may be a break. Or maybe not.
Jeffress takes the podium. and starts to explain an issue regarding Andrea Mitchell. A voice says, "Are you sure this is what I'm objecting to?" Much crosstalk.

snip

[ralps]

16. ***1:35, 1:49

It's 1:35.

Wells: Agent Bond, I only have a few more questions… (Hallelujah.)

Wells walks Bond through the June 10 INR memo, reiterating that Libby said he never saw it, nor did he discuss it with Rex Marc Grossman, nor did he or Cheney have any role in directing the creation of the memo.

And Libby quoting Colin Powell during a Sept. 30 Situation Room meeting that it was no secret that Valerie Wilson sent her husband to Niger (this is a new wrinkle on the "Everybody knows…" story mentioned in the last thread).

Now we're reliving the Tenet statement on July 11, 2003 about the uranium controversy. Apparently Condi Rice wanted to make a joint statement with Tenet, but then Tenet insisted on making a solo statement.

snip

It's 1:49.

Z: Agent Bond, when Mr. Libby was first interviewed, his attorney stated that Mr. Libby felt he had not had enough time to review documents, right?

B: Yes.

Z: Tell us about the scheduling of the second interview.

B: It was scheduled for five weeks later.

Z: Did Mr. Libby convey that he still had not had enough time to review documents?

B: No.

Z: Was there any material difference in what he said in the second interview versus the first?

B: No.

snip

[ralps]

28. ***2:05, 2:20

It's 2:05.

More fun with notes — they cite Libby saying that he may have discussed with Cheney whether to get the Plame info out to the press, followed by "does not recall." Zeidenberg points out that the very next sentence is about calling Matt Cooper, then says "who else to call." (Z. doesn't go on, but right after that are the names Evan Thomas and Glenn Kessler.)

Zeidenberg started to ask another question inaudibly (he's wandering out of microphone range), and then everything broke down into another conference at the bench. (Seems like legal trench warfare.)

It's 2:20.

The bench conference to end all bench conferences is still goin on. It's worth noting that neither side is really trying to elicit anything from poor agent Bond at this point — they're just reading testimony to her (or making her read it) and making her say "Yes."

Oh, but wait, people are moving…

Walton: "A short recess."

[ralps]

35. ***2:37

It's 2:37.

Okay, ten minutes later, peace in our time — a variety of issues have been resolved, including the redaction of the word "snake" from the jury's copy of the now-famous Libby notes from talking with Mary Matalin.

Libby's attorney Well still has a problem with (I believe) the October 2003 WaPo articles, including the apparent fact that they weren't turned over to the FBI very promptly. He claims Libby and his lawyers had very little time to review all the appropriate documents, but Judge Walton doesn't seem very receptive — to the point of citing calendar dates when this could have been done.

Juror questions for agent Bond, read by Judge Walton (JW):

JW: (to jury) Several of the questions you've submitted I can't ask. Please note that in these cases, you shouldn't speculate to yourself about the answer, nor should you discuss it with your fellow jurors.

JW: (to Bond) Why didn't you write down the comments by Mr. Libby's lawyer in October 2003 that Libby hadn't had enough time to review documents?

B: I typically just write down the notes from the interviewee.

Prosecution submits several calendar notes (from Libby, I presume) into evidence.

snip
new thread

[H2O Man]

13. It looks like

an unhappy day for Team Libby.

[ralps]

15. Hi H2O Man!

[Nutmegger]

17. #5

Hi ralps! :hi:

[ralps]

19. Hi Nutmegger, Thanks

[Nothing Without Hope]

18. Thanks, ralps! K & R n/t

[ralps]

21. Hi Nothing Without Hope, Thanks & You're Welcome

[Cerridwen]

20. K & R - back to the top with you.........n/t

[ralps]

22. Hi Cerridwen, Thanks

[Cerridwen]

25. Hey, backatcha. You're welcome. Thank you! for keeping this

in front of us.

[blogslut]

23. kick

for the love

[ralps]

29. Hi blogslut , Thanks

[Cerridwen]

24. RW talking point alert...

From the FDL blogging

Fitz: We've stayed on the sidelines, letting Mr. Libby's attorneys and the press argue this… we take no position. (on whether or not to make the GJ tapes of libby's testimony available to the public. The PRESS is making this request; not the prosecution - Cerridwen's note and emphasis added)

I predict the RW blogosphere and various RW talking heads and pundits will try to make it out that the prosecution, Fitzgerald, was trying to make the tapes available to the public in a partisan attack against libby.

Head's up.

[lovuian]

26. all I can say is its about FREAKIN TIME Thanks Judge

It will help to hear their voices...

[ralps]

30. Hi lovulan

[Cerridwen]

27. I keep refreshing over here so I don't have to refresh over there

(at FDL and overload the servers)

:hi:

:dem:

[ralps]

31. I'm sure they appreciate that Cerridwen! & I try not to refresh FDL very often

[Cerridwen]

32. This break is killin' me :D

Yeah, sometimes I'm a good little 'do-bee'. Other times...

:evilgrin:

(keeping this kicked)

[Duer 157099]

33. Latest post: 3:11

How late do they usually go? Unless they recess for today, seems like the Libby testimony (GJ) is up next.

"Okay, everybody's done with agent Bond. Time for Libby grand jury testimony in a new thread.

"It's 3:11."

[Duer 157099]

34. Question answered! On they go...

Libby Live: Libby Grand Jury Testimony, One
By Swopa @ 12:30 pm


Gimme some truth!

The grand jury testimony of Lewis Libby begins with him stating his name, followed by this exchange:

Fitzgerald: And do you have a nickname?"

Libby: Yes, Scooter.

F: Can you give us a description of how you got the name Scooter?

L: Are we classified here? (explains, but very vaguely, saying it's a relatively common nickname in the South)

And away we go… presumably, there will be fewer interruptions in the replayed testimony. (Famous last words?)
NOTES: (1) This is not an official transcript — just a very loose paraphrase, at best — so don't treat it as one. (2) I'll tell you the time at the end of each update; expect about 15-20 minutes before the next one. The hamsters that run the servers will appreciate it if you don't refresh excessively in the meantime. (3) I didn't write the book on the Valerie Plame outing — but you should buy it, if you haven't already. My own previous writings on Plamemania can be found here. (4) My own notes will be in parentheses and italics.

F: Why don't you tell the grand jury what your titles and job descriptions are?

L: I have three job titles — Asst to President, Chief of Staff to VP, and National Security Adviser to VP. As NSA to VP, I offer advice to the VP, represent the VP in deputies' meetings on these issues and report back, communicate with WH staff on these issues and report back. I also occasionally communicate with the press on behalf of the VP.

F: What intelligence clearances do you have?

L: Top Secret and Secret Compartmented Intelligence (describes various "compartments," many of which he has access to)

F: What access to classified documents do you have?

L: I have a lot of access to classified documents. My day usually starts at 7am with an intelligence briefing, usually with the vice president… I also receive 30-40 pages of analyses.

F: Do you sometimes read the raw intelligence behind the summaries?

L: Yes.

F: Does the VP?

L: Umm… yes.

This is followed by a listing of the OVP communications staff, plus "on the record," "off the record, etc."

It's 3:30.

[ralps]

36. Hi dotcosm, Here's the link to the new thread & thanks for posting this!

Libby Live: Libby Grand Jury Testimony, One
By: Swopa
http://www.firedoglake.com/2007/02/05/libby-live-libby-grand-jury-testimony-one/

[Duer 157099]

37. Hi ralps

No problem -- am I right to assume we're allowed to post these, in the interest of keeping bandwidth at FDL down? Or?

Don't wanna run afoul of DU or FDL

[ralps]

38. I've been posting parts of the various sections, thinking that DU policy is

to post 4 paragraphs max from other articles. So I try to keep it to about 3-4 paragraphs per section & i wait until there are a couple of times to post. Like now Swopa has posted a 3:30 section. so I usually wait until the 3:45 section is posted.

[Cerridwen]

40. Oops....bad on me....

:blush:

[ralps]

44. ***3:45

It's 3:45.

F: Asks about conversation with VP about Pincus article.

L: Tells about VP talking about ambassador, adding offhand that his wife works for CiA — rough quote: "There were no names at this point, so I didn't know who either the ambassador or his wife was." VP gave three talking points for Pincus — (1) we did not request a mission to Niger, (2) we didn't see any report until after the State of the Union, and (3) he had seen the NIE, which he considered more authoritative.

Cheney also mentioned that other departments (such as State) were asking about Niger, but that shouldn't be part of the talking points — only CIA should say that.

From context, Libby assumed that ambassador's wife worked in a "functional office" of the CIA.

snip

[Cerridwen]

39. *** 3:30 - 3:45 - update - listening to the GJ tapes

It's 3:30.

F: Introduces subject of Novak article… did you talk to Novak while the article was being prepared?

L: I think I only talked to him once in that time frame, about a week and a half after the article appeared.

F: (asks a follow-up question that I missed — sorry!)

L: (something about whether he talked to Novak before article that I didn't catch — probably very worth parsing)

F: Introduces subject of Iraq, uranium, and Niger. Were you aware of doubts about this?

L: Yes, but I think it had to do with whether Iraq could actually procure the uranium, rather than whether they tried to get it.

F: Introduces Kristof NYT article in May 2003. Would you consider this an article critical of the administration?

L: Yes, it includes critical remarks.

F: Do you recall the administration's reactions?

L: My personal reaction was about a person involved saying the VP's office asked for an investigation of the uranium deal. That certainly caught my eye.

F: (Cites some other criticisms)

L: (Agrees that they are criticisms)

F: Who did you discuss this article with?

L: With my deputy, and probably with the VP, although I don't specifically recall it. The day or two after it came out, I don't think I talked to anyone besides my deputy.

F: What about after that?

L: The content kept coming up — in early June, Walter Pincus of the Washington Post was writing an article on the subject, and around then I talked to the VP, and our CIA briefer about whether we sent an ambassador.

F: Do you remember if sometime between early May and early June, you talked to Marc Grossman of the State Dept about the Kristof article?

L: No (implying he sees Grossman regularly, doesn't remember) I don't recall any conversation about this.

F: Is that something you would recall if you had discussed it?

L: (pause) I don't recall a conversation.

It's 3:45.

I hope I'm not stepping on toes by posting this.....

[ralps]

41. Nope, That's ok! Thanks Cerridwen

[Cerridwen]

42. Thanks, ralps. I have an itchy posting finger

Jury break *sigh*

[ralps]

43. I hope you all will check out Emptywheel's book "Anatomy of Deceit:

How the Bush Administration Used the Media to Sell the Iraq War and Out a Spy (Paperback)"- http://www.amazon.com/dp/0979176107?tag2=firedoglake-20

Editorial Reviews
Book Description
What happens when Washington, D.C. pundits and journalists run in the same social circles as the powerful people they cover? When the President and his administration trade press access for loyalty? You get a complicit, uncritical press greasing the skids to a brutal war, conspiring to out a CIA agent, and muddying the waters of a grand jury investigation. In the fearful aftermath of 9/11, much of America’s pride — its free press — became an unquestioning propaganda arm.

Marcy Wheeler’s Anatomy of Deceit documents how the media promoted the Bush administration’s justification for war — that Iraq was on the verge of acquiring weapons of mass destruction — even though much of it was debunked. And it provides a play-by-play account of how Vice President Dick Cheney’s office first used the media to target a critic, former Ambassador Joe Wilson, and then to avoid criminal charges in the CIA leak case.

While the media was beating the drums of war and cozying up to the administration, citizen journalists were digging for the truth. Wheeler's compelling account tells the story, as it needs to be told — from outside the Beltway's cocktail circuit.

snip
Here's Sunday's FDL Book Salon thread
FDL Book Salon: Anatomy of Deceit, The Ari Fleischer Smear
By: emptywheel
http://www.firedoglake.com/2007/02/04/fdl-book-salon-anatomy-of-deceit-the-ari-fleischer-smear/

I'm a football fan. I've got plans to catch up with my everyday friends after two weeks of fun in DC; I plan to sit back, catch up on all last week's beer thirties, and yell at the TV. (I'll be rooting for the Bears tonight, though I suspect Adam Vinatieri will make me cry.) So I'll only check in sporadically on this thread. But since not everyone has gotten their book in the mail yet, we decided to give you one more teaser from Anatomy of Deceit to read while you're watching the game. In honor of a tentatively planned appearance on Talk of the Nation tomorrow (2:00 ET), in which we'll discuss media coverage of the CIA Leak case and the trial, I decided to offer a piece on the campaign to impugn Ari Fleischer from July to October 2005. Based on this campaign, I guessed correctly in July 2005 that Ari was going to be a key witness in the trial.

I'm just glad I noted that Ari "may have leaked to a journalist," given what we know now. But the rest of it–the transparent attempt to distract from Rove's trouble–that all holds up well, I think.

Rove needed to get the spotlight off himself and onto someone else. That someone turned out to be former White House press secretary Ari Fleischer. On the same day that the Times identified Rove as one of Novak's two sources, the New York Daily News published an article citing unnamed sources "close to the probe" explaining that, in addition to Rove, the grand jury was investigating Fleischer's role in the Plame affair. "Ari's name keeps popping up," one source told the paper.

Clearly, the behind-the-scenes media campaign was giving reporters fresh meat (in the form of Fleischer) to distract them from Rove. The campaign based its insinuations about Fleischer's involvement on what is now called the INR memo, the same document from which Armitage had learned of Valerie Wilson's identity. The memo was faxed to Air Force One during President Bush's trip to Africa during the week of July 6, 2003. The Daily News story, quoting the unnamed sources, pointed out that the memo "included background on Wilson" and that it "appears to be a key" to revealing who gave Valerie Plame Wilson's name to Robert Novak.

snip

[goclark]

45. Popcorn time , will it be on cspan? nt

[ralps]

46. Nope, Darn!

[Duer 157099]

47. 4:31 updated

http://www.firedoglake.com/2007/02/05/libby-live-libby-grand-jury-testimony-one

(more GJ Libby -- 8 hours of this? ... man that will be lots of typing for FDL guy)

Wonder when/how we'll get to hear the tapes ourselves?

[ralps]

48. ***3:57

Time for a jury break. It's 3:57.

(Ten minutes later…)

Walton: How long is the grand jury testimony?

Fitz: Eight hours total, then some exhibits, then Russert. (So long, mystery witness?) We're on target to finish Wednesday morning.

(GJ testimony replay begins again)

F: Let me go back to the conversation with your briefer, Craig Schmall. Was that before or after your conversation with the VP?

L: I don't think I have a date in my notes. I don't recall.

F: Was it in a daily briefing?

L: It might have been in a briefing, or in a phone call on the side.

snip

F: The first check on the item on theis page, does this show that the President was interested in the Kristof article and the State of the Union?

L: Yes.

F: Did you ever discuss the President's interest with the VP?

L: No.

F: Did you ever discuss it with the President?

L: No

F: Who would have told you about it?

L: Could have been senior staff meeting.

F: Brings up INR memo dated June 10, 2003. How did you hear of it?

L: At the end of September, there was a meeting in the Situation Room under the White House, and the Secretary of State alluded to the fact that a memo written by the State Dept. much, much earlier that discussed origins of Wilson trip.

F: When was the meeting?

L: A couple of days after the investigation became public (on Sept. 28, 2003), so Sept. 30th.

snip

[Duer 157099]

49. 4:56 updated

(fyi)

[ralps]

50. ***4:31

Short break to pass an exhibit out to the jury. (Whew!) It's 4:31.

F: Gives L. notes of conversation with Cheney. Explain the date:

L: June 12, but this symbol means I'm not sure.

F: What's this to the right?

L: It's a note later explaining that this is a telephone conversation with the VP about Iraq uranium and the Kristof article… it's indicating that this is something someone told the VP… and then this says the wife works for the Counterproliferation Division.

At some point he switches from telling me what someone else told him to talking points for the press — e.g., that we didn't know about forgeries until the IAEA said so. (these are the three/four points mentioned earlier — but "forgeries" somehow replaces the NIE as point three??)

F: Under the 12, were you correcting something?

L: Might ahve been an 18, then corrected it to 12… realized it wasn't the 18th. I couldn't tell without a microscope. (laughs)

snip

F: VP thought it was intereresting enough to tell you, and you were interested enough to write it down… did you think it might elucidate Pincus?

L: wasn't a talking point Cheney gave me, and those seemed sufficient

F: Did you feel prohibited from mentioning it to Pincus?

L: No.

F: Can you rule out the possibility that you told Pincus about Wilson's wife?

L: I don't think I did. I have no recollection of doing it. I'm reasonably certain I did not. (Fitz asks several different ways, same response each time)

F: Conversaition with VP was before Pincus, right?

L: Yes.

F: And was first time you heard it?

L: Yes, although my recollection is not perfect.

It's 4:56.

F. trots out note from June 3rd saying to talk to Pincus… did you talk to Pincus about anything besides the June 12 article?

L: There were some Pincus articles in May, but I don't know what this note refers to. Had heard from Cathie Martin… Pincus article was in works for a little while (i.e., I think he means a June 3rd note could refer to the eventual June 12 article).

Judge Walton stops the tape — it's 5:00. School's out!

[goclark]

51. Libby's memory sure fails him

And this man was the Assistant to the VP and has no memory of important items.


:puke: He thinks we must be crazy.

Is Fritz on to him and how will Fitz bring us Fitztmas?

[myrna minx]

52. Ralps, thank you so much for keeping us updated.

:hi:

[ralps]

54. Hi myrna minx. you're welcome

[Gelliebeans]

53. Thank you

for this thread.

:yourock:

[ralps]

55. Hi Gelliebeans, you're welcome

[Fovea]

56. So what do you guys think

I don't know where the trial is going from here.

But I do think we have enough evidence to (all by itself) provide a winnable impeachment trial on the Veep, and puts the deciderer's KatieGraham in a great big ringer.

Do you think the cheney memo is as huge a congressional IED as it seems to me?