Libby Perjury Trial - Highlights so far

[radfringe]

Highlights from Libby Perjury trial

Tues. 1/23/07
-- Libby defense contends Libby was 'scapegoated' to protect ROVE

-- Libby destroyed a memo from Cheney

-- Libby acting at Cheney's instructions to respond to allegations that the vice president withheld information that would have raised doubts about whether Iraq was trying to develop weapons of mass destruction.


Wed. 1/24/07
-- Associate Deputy Director Robert Grenier said he relayed all he had learned about former ambassador Joseph C. Wilson IV, the man behind news reports of the trip that had Libby so concerned

-- Grenier is one of three government officials to testify, so far, that they held conversations with Libby about Wilson's wife weeks before Libby contends he learned her name.

-- Grenier testified that he did surmise that the White House was pointing a finger at the CIA for not alerting them about Wilson's findings.

"The administration was trying to suggest that had they only known about the eminent Ambassador Wilson's . . . it would have somehow stopped the White House from continuing on its errant path to war," Grenier said. "I think they were trying to avoid blame for not providing about whether or not Iraq had attempted to buy uranium."

-- Ari Fleischer, a former White House press secretary who is expected to testify for the prosecution, also has a motive to help the prosecution, Wells has said. Fleischer had demanded immunity before he would talk about his conversations with Libby, then had admitted to government prosecutors that he had spoken to several reporters about Wilson's wife in the days before he left his job.

Thurs. 1/25/07
-- -- Vice President Cheney personally orchestrated his office's 2003 efforts to rebut allegations that the administration used flawed intelligence to justify the war in Iraq and discredit a critic

--Cathie Martin's (Cheney's former press aide) testimony also illustrated how doggedly Cheney insisted that the administration had significant evidence that Iraq was trying to acquire weapons of mass destruction -- even after the White House had backed off that claim and admitted it was not solid enough for the president to have cited it in his 2003 State of the Union address.

-- Cheney dictated talking points for a White House briefing in the midst of the controversy that summer, his former press aide, Cathie Martin, testified, stressing that the CIA never told Cheney that a CIA-sponsored mission had found no real evidence that Iraq was trying to buy nuclear materials in Africa.

-- Martin's testimony was buttressed by previously unreleased documents provided as evidence yesterday, including handwritten notes and margin scribblings Cheney's staffers hastily jotted at their boss's instruction.

-- Martin recalled giving Cheney and Libby information from CIA spokesman William Harlow that Wilson was the person sent to Niger "and his wife works for the CIA." Martin is the fourth witness from the administration to bolster the prosecution's claim that Libby had to be lying when he said he learned about Wilson's wife weeks later from NBC's Tim Russert.

-- Cheney told Martin to alert the news media that a highly classified and recent National Intelligence Estimate indicated no doubts about Iraq's efforts to buy uranium. Intelligence analysts have said that the uranium claim was never a key finding of the NIE and that there were doubts about it.

On college-rule paper, in blue ink, Martin scribbled what Cheney told her reporters needed to know about the Niger controversy as they conferred in his Capitol Hill office on July 7, 2003. "As late as last October, the considered judgment of the intel community was that SH had indeed undertaken a vigorous effort to acquire uranium from Africa, according to NIE ," she wrote.

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Libby's defense team still planning on using "faulty memory" as an excuse. they often use the "do you remember now?" or "have you refreshed your memory?" when questioning witnesses

Meanwhile - lots of stuff coming out which points the finger at Cheney regarding the original purpose of the investigation - WHO LEAKED and WHO AUTHORIZED THE LEAK.

FIREDOG LAKE is live-blogging the trial: http://www.firedoglake.com /

[Why Syzygy]

1. Thanks. n/t

[mykpart]

2. I don't think Cheney is worried.

He is a multimillionaire, partly because of Iraq, and if he is convicted of anything, Bush will pardon him. Probably before he ever serves a day in prison.

[Hieronymus]

3. Unless they're both charged and tried for treason ..

[Crabby Appleton]

4. be kinda hard to make a treason case out of this

TITLE 18 > PART I > CHAPTER 115 > § 2381

§ 2381. Treason

Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason

[Lasher]

8. Right, Crabby

A more appropriate case for treason would have been when Reagan paid Iran to not release the hostages until he became president, and also when he sold arms to them despite an embargo against it.

[Toots]

17. So a covert operation to track WMDs is blown on purpose and is not considered aiding

our enemies?

[Lasher]

25. Hmmm, that's a good point Toots

In 1951 Julius and Ethel Rosenberg were caught passing atomic weapon secrets to the USSR. They were
found guilty of conspiracy to commit espionage under section 2 of the Espionage Act, 50 U.S. Code 32 (now 18 U.S. Code 794), which prohibits transmitting or attempting to transmit to a foreign government information "relating to the national defense." They were executed for their crime in 1953.

http://en.wikipedia.org/wiki/Ethel_and_Julius_Rosenberg

I don't think provisions of the Espionage Act would apply, as there is legislation to more specifically deal with exposing covert CIA agents. But I'm thinking I was too hasty to conclude that outing of Valerie Plame should not be characterized as an act of Treason, as defined by the Constitution. Thanks for making the point.

[rateyes]

31. I'd settle for being tried under the espionage act...

because the subject matter was WMD, it could actually get them the death penalty.

[GreenZoneLT]

5. What would they charge him with?

Cheney can leak classified information, because he has declassification authority. None of the stuff he did was illegal; he's allowed to tell lies and smear people. Wilson could SUE him, but I can't see anything criminal here, as the National Security laws are different for the pres & vice pres.

Libby apparently didn't even do anything illegal, except lie to investigators to cover up political embarrassment. That's what he's on trial for, anyway.

Pretty weak beer, re: Cheney, unfortunately. Libby will probably get a slap on the wrist and a going-away pardon from Bush.

[H2O Man]

7. Few people other

than Cheney would agree that he has the authority to leak classified information. In fact, even though he claims he did in this case, with the NIE, it is clear that he first told Scoter to leak NIE material; then told him to stop; then had Bush declassify it; then again instructed Libby to leak it.

Rep. Henry Waxman asked the Congressional Research Service to consider Cheney's claim to the authority to declasiify on his own. Their March 12, 2005 response makes it clear that Cheney has no Constitutional or legal power to do so. In pretrial motions and hearings, this has been an issue that is indirectly discussed in Libby's trial. Even Libby's attorneys do not take the stance that Cheney, on his own, has the legal authority to declassify.

[Caretha]

15. What have you been smokin? n/t

[mmonk]

6. And frankly, I can't wait until the public knows about the OSP

and falsified intelligence. But right now, in the case of Libby, he's toast and the defense probably knows that, especially since they were considering not having Libby testify. Walton indicated that (not testifying) would not be in Libby's interest. The defense was giving some indications they may appeal as they discussed the possibility of revealing something AFTER the trial. I can't wait to find out what Ari Fleischer has to say.

[Hepburn]

11. Oh, man, the OSP...

...why are people so totally uninformed about this? I feel at times when I bring this up that I am speaking a different language. To me, it is so clear that BushCo manufactured the intell for the invasion of Iraq solely because of the creation of the OSP. What the hell legit purpose did it serve? There simply is NONE...and the fact that it was absorbed back into the Pentagon on the invasion of Iraq? I mean ~~ could it be any clearer?

Why has this been so totally ignored?

[H2O Man]

13. There was also

another smaller, lesser known unit within the State Department, managed at the time by Under Secretary for Disarmament John Bolton. (Wilson; page 432) This neoconservative cell coordinated efforts with the OSP.

[Annces]

9. Excellent - thanks

I get lost in details.

[Garbo 2004]

10. "Libby destroyed memo?" Christy at FDL does not think that's what Fitz meant.

In the comment section of her day 1 summary, she indicates that based on her observation of Fitz's delivery she regarded it as a rhetorical flourish, as in Libby convienently "wiping out" his knowledge of the note from his mind, rather than literally destroying evidence (which Fitz most likely would have charged him with). http://www.firedoglake.com/2007/01/23/libby-trial-openi...

Furthermore, since Libby's files/notes were turned over to the investigation and Fitz states the note was there, the likeliest explanation is that Fitz knows it was there and what it was because he has it and was speaking figuratively, not literally. For example, we know Cheney told Libby about Valerie Wilson's employment from Libby's notes that were turned over to the investigation. Despite all the folks that had been telling Libby about Valerie Wilson over the course of a month, Libbby would have the jury believe that his memory of that knowledge was wiped clean when he spoke to Russert and invented a conversation about Valerie Plame that they never had.

[H2O Man]

12. Another possibility

(and this is only speculation) is that the memo was real; that Scooter deleted it before he was interviewed by the FBI; and that another person had a copy of the memo. It would seem, however, that the actual desctruction of even a single such memo would have resulred in yet another charge.

MSNBC had one article on the memo, then changed the article slightly a short time later. It is not really clear -- yet -- exactly what Mr. Fitzgerald meant. I think that this may be one of the issues that Mr. Fitzgerald wishes to talk to Scooter about, on the witness stand. It is possible that this would be one reason that Team Libby might opt to keep Scooter off the stand. If there was an actual destruction of a memo, that would absolutely be the most solid evidence of consciousness of guilt.

[Me.]

29. Could This Be One Of The Emails

That Rove led Fitzgerald to? Including ones which person(s) thought were deleted and which were still on the WH back-up server. Rove supposedly was able to pinpoint dates which gave Fitzgerald a heads up/

[Patsy Stone]

27. What do you think about the Rove/Libby "head fake" idea?

That Rove wasn't really "thrown under the bus", but that it was all in the bigger plan? I'm still on the fence, but it seems plausible. The "Inside Baseball" part of the show is what interests me most.

http://www.firedoglake.com/2007/01/24/understanding-the... /

ed: sp.

[H2O Man]

28. While it is safe

to say that what came out in the opening statements was an attorney's tactic, it is interesting to note that the notes between Cheney, Libby, and McClellan took place a full 26 months before Libby was indicted. It seems a stretch to say that the White House planted these indicators of the split between Rove and Libby, especially 22 months before Mr. Fitzgerald was even assigned to the case.

[Patsy Stone]

30. I always thought the camps were separate, too.

Thanks for your thoughts opinion. There's a natural power struggle between the two offices to begin with, and it's even more intense when the OVP has more power and influence than the EOP.

[radfringe]

14. Ari Fleischer is up on Monday 1/29 n/t

[radfringe]

16. kick

[Robbien]

18. Great summary radfringe

thanks

[bdamomma]

19. yes great summary and thanks radfringe

[hedgehog]

20. CAn you describe the testimony from Cathi Martin about Andrea Mitchell?

I think I heard them say that sje testified that the CIA was reporting to Cheney about Andrea Mitchell's investigation into pre-war intelligence. This sounds like domestic surveillance not to mention interference with freedom of the press.

[radfringe]

21. links

Ex-Aide Says Cheney Led Rebuttal Effort
By Carol D. Leonnig and Amy Goldstein
Washington Post Staff Writers
Friday, January 26, 2007; Page A03
http://www.washingtonpost.com/wp-dyn/content/article/20...

Vice President Cheney personally orchestrated his office's 2003 efforts to rebut allegations that the administration used flawed intelligence to justify the war in Iraq and discredit a critic who Cheney believed was making him look foolish, according to testimony and evidence yesterday in the criminal trial of his former chief of staff.

------------

Ex-CIA Official Testifies About Libby's Calls
Queries' Timing Key To CIA Leak Case
By Carol D. Leonnig and Amy Goldstein
Washington Post Staff Writers
Thursday, January 25, 2007; Page A03
http://www.washingtonpost.com/wp-dyn/content/article/20...

A former high-ranking CIA official testified yesterday that, when Vice President Cheney's agitated chief of staff called him out of the blue in June 2003 to ask what he knew about a CIA-sponsored trip to Niger, he jumped to get answers.

-----------

Libby claims he was scapegoat
By Michael J. Sniffen
Associated Press
http://www.seacoastonline.com/news/01242007/worldnation...

WASHINGTON -- White House officials tried to sacrifice vice presidential aide "Scooter" Libby to protect strategist Karl Rove from blame for leaking a CIA operative's identity during a political storm over the Iraq war, Libby's lawyer said Tuesday.

Vice President Dick Cheney personally intervened to get the White House press secretary to publicly clear Libby in the leak, defense attorney Theodore Wells said in his opening statement at Libby's perjury trial.

The new details of behind-the-scenes conflict at top levels of the Bush White House, along with some previously unseen blunt language from Cheney, were the high points of a dramatic day in which the prosecutor and the defense dueled in multimedia statements to the jury.




-----------

Former Press Secretary Set to Take Center Stage at Libby Trial
http://www.editorandpublisher.com/eandp/news/article_di...
January 26, 2007 10:20 AM ET

WASHINGTON: Special Prosecutor Patrick Fitzgerald took a gamble three years ago that White House press secretary Ari Fleischer might break open his leak investigation.

As Fitzgerald's inquiry was heating up into who revealed CIA operative Valerie Plame's name to reporters, Fleischer stepped forward with an offer: Give me immunity from prosecution and I'll give you information that might help your case.

What prosecutors didn't know was that Fleischer was one of the leakers. And without immunity, he refused to talk. Not even a hint.

[SaveAmerica]

22. Thank you so much for this update!!

[mmonk]

23. New motion filed by Fitz (defensive measure)

-snip-

The government intends to prove that, at the time he made the charged false statements, defendant was aware that, if Ms. Wilson’s employment status was in fact classified, or that Ms. Wilson was in fact a covert CIA officer, in addition to potential criminal prosecution under a number of statutes, defendant faced the possible loss of his security clearances, removal from office, and termination from employment as a result of his disclosures to New York Times reporter Judith Miller and Time magazine reporter Matthew Cooper.

-snip-

These agreements are signed instruments having independent legal significance, and thus are nonhearsay, and also are admissible as admissions of a party-opponent. Because these agreements are probative of defendant’s state of mind at the time of the charged offenses, they should be admitted.

-snip

This is a defensive motion on Fitz' part. He's reacting to Wells' claim in opening statements that Libby had no motive to lie. Previously, Fitz had alleged Libby's motive was not to lose his job. But Wells claimed Libby was not concerned with losing his job. Fitz thinks these agreements constitute new proof.

http://www.talkleft.com/story/2007/1/26/3207/68938

[yodermon]

24. Can Libby still plead Guilty?

Can he do that during the trail? Up until what point?
Could he still cut a deal & turn states evidence against darth crashcart?

[Bobbie Jo]

26. Advice to Scooter....

Roll Baby Roll......Give it up, take a plea agreement, tell them what you know. America will be forever grateful.

That is all.