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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 02:53 PM
Original message
View From a Park Bench
{1} "After my appearance on CNN in early March 2003, when I first asserted that the U.S. government knew more about the Niger uranium matter than it was letting on, I am told by a source close to the House Judiciary Committee that the Office of the Vice President -- either the vice president himself or, more likely, his chief of staff, Lewis ('Scooter') Libby -- chaired a meeting at which a decision was made to do a 'workup' on me. As I understand it, this meant they were going to take a close look at who I was and what my agenda might be.

"...That time frame, from my CNN appearance in early March ... to the first week in July, makes sense, as it allows time for all the necessary sleuthing to have been done on us, including the discovery of Valerie's name and employment.

"The immediate effect of the workup, I am told by a member of the press, citing White House sources, was a long harangue against the two of us within the White House walls. Over a period of several months, Libby evidently seized opportunities to rail openly against me as an 'asshole playboy' who went on a boondoggle 'arranged by his CIA wife' -- and was a Democratic Gore supporter to boot."
-- Ambassador Joseph Wilson; The Politics of Truth; pages 441-2

At a time when the White House seems to be confronted with a number of serious problems, it might be worth our while to take a few minutes to review some of the newest information being reported on the Plame scandal. It seems likely that as the seasons turn, the aspens in Washington DC will begin to bloom. We might benefit from putting those potential budding issues into context. Let's take a few moments, then, and begin on the first of a three-part series on the view from a park bench.

On 2-9-06, The National Journal carried an article by Murray Wass, "Cheney 'Authorized' Libby to Leak Classified Information." Within a week, some corporate media source -- for example, Don Imus on his MSNBC morning show -- began saying that Libby claimed Cheney authorized him to expose Valerie Plame's identity. That is not accurate, and so for the first part of our review of the Plame case, let's look at what our friend Scooter really said. Then, in part #2, we can examine Patrick Fitzgerald's response to Libby's attorneys, in the form of his 32-page document filed in federal court on 2-16-06. Then, in part #3, we can take a look at how the chess board is now set for the spring game between Fitzgerald and those who participated in a criminal conspiracy to "out" Valerie Plame.

{2} "...In a January 23 letter, related to discovery issues for Libby's upcoming trial, Fitzgerald wrote to Libby's attorneys: 'Mr. Libby testified in the grand jury that he had contact with reporters in which he discussed the content of the National Intelligence Estimate ('NIE') ... in the course of his interaction with reporters in June and July 2003 ... We also note that it is our understanding that Mr. Libby testified that he was authorized to disclose information about the NIE to the press by his superiors. ....

"Libby specifically claimed that in one instance he had been authorized to divulge portions of a then-still highly classified National Intelligence Estimate regarding Saddam Hussein's purported efforts to develop nuclear weapons .....

"In an account of her grand jury testimony, Miller has written that Libby discussed the NIE with her: 'Mr. Libby also cited a National Intelligence Estimate on Iraq, produced by American intelligence agencies in October 2002 ... which he said had firmly concluded that Iraq was seeking uranium.' Portions of the NIE were later declassified, but the material in it related to Niger was still classified at the time."
--Murray Waas; The National Journal; 2-9-06

Waas makes clear that the classified information that Libby testified that Cheney had authorized him to reveal to the media was the NIE, not Valerie Plame's identity. Twice in the article he makes it very clear that "Libby has never claimed that Cheney encouraged him to disclose informationabout Plame to the media." Why, then, is this information about the NIE so significant?

Wass identifies two important things. First, it "significantly adds to a mounting body of information" that VP Cheney was deeply involved in directing the operation against Wilson and Plame. Second, it lends evidence to the theory that Libby has a motive to conceal both his and Cheney's true role in exposing Plame's identity. Let's see if we can find any interesting information that indicates there was an operation similar to that noted in the quote from Ambassador Wilson's book found at the beginning of this essay. Let's start with Judith Miller's story about her testimony to the grand jury, and pick it up just after the part quoted by Waas.

{3} "An unclassified version of that estimate had been made public before my interview with Mr. Libby. I told Mr. Fitzgerald that I had pressed Mr. Libby to discuss additional information that was in the more detail, classified version of the estimate. I said I had told Mr. Libby that if The Times was going to do an article, the newspaper needed more than a recap of the administration's weapons arguments. According to my interview notes, though, it appears that Mr. Libby said little more than that the assessments of the classified estimate were even stronger than those in the unclassified version. ....

"Before the grand jury, Mr. Fitzgerald asked me questions about Mr. Cheney. He asked, for example, if Mr. Libby ever indicated whether Mr. Cheney had approved of his interviews with me or was aware of them. The answer was no.

"In my grand jury testimony, Mr. Fitzgerald repeatedly turned to the subject of how Mr. Libby handled the classified information with me. He asked, for example, whether I had discussed my security status with Mr. Libby. .... Mr. Fitzgerald asked if I had discussed classified information with Mr. Libby. I said I believed so, but could not be sure. He asked how Mr. Libby treated classified information. I said, Very carefully."
-- Judith Miller; My Four Hours Testifying in the Federal Grand Jury Room; New York Times, 10-16-05

Does this sound consistent with Scooter's story? Did Cheney authorize him to disclose classified information, or not? Would our VP authorize Libby to disclose the NIE, but not be aware that he had done so?

Fitzgerald showed Miller a series of documents, which she said "seemed familiar" and were most likely were the NIE Libby talked to her about. In fact, Miller said, Libby had removed a "piece of paper" from his pocket. Fitzgerald asked if Libby showed her the actual documents? Miller testified "no, I didn't think so."

Many suspect that Judith Miller's role in the Plame scandal was not that of a journalist. It seems that her reported testimony does not square up with Libby's. Might we find another source? Could Karl Rove play a role? Let's look.

{4} "Much of my grand jury session revolved around my notes and my e-mails. (Those e-mails and notes were given to the special counsel when Time Inc., over my objections, complied with a court order.) Owing to my typing, some words were a jumble. For instance, I wrote 'don't get too war out on Wilson,' when I clearly meant 'far out.' There were some words in my notes that I could not account for -- at one point they read '...notable ...' I didn't know if that was Rove's word or mine, and one grand juror asked if it might mean 'not able,' as in 'Wilson was not an able person.' I said it was possible, but I just didn't recall that. The notes, and my subsequent e-mails, go on to indicate that Rove told me material was going to be declassified in the coming days that would cast doubt on Wilson's mission and his findings."
-- Matthew Cooper; What I Told the Grand Jury"; Time, 7-25-05; page 40

On 10-16-05, Viveca Novak and Mike Allen of Time, in an article "Contingency plan," reported that, "Special counsel Patrick Fitzgerald appears to be seriously weighing a perjury charge for Rove's failure to tell grand jurors that he talked to Time correspondent Matthew Cooper about Plame, according to a person close to Rove." Of course, that brings up Ms. Novak's relationship to that source "close to Rove." But the Rove discussion with Cooper about the material that was going to be declassified indicates that the Cheney to Libby authorization to share classified information with reporters was part of a larger plan, which included Rove.

{5} "Apparently, according to two journalist sources of mine, when Rove learned that he might have violated the law, he turned on Cheney and Libby and made it clear that he held them responsible for the problem they had created for the administration,"
--Joseph Wilson; The Politics of Truth; page 444.

The above sentence refers to Rove's exposing Valerie Plame's identity to journalists, not his sharing the NIE. But, again, it indicates that numerous people in Washington DC were aware that Cheney, Libby, and Rove were three players involved in the effort to harm Joseph Wilson and Valerie Plame. And Patrick Fitzgerald is aware now, too.

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Me. Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 03:16 PM
Response to Original message
1. How Then, If Libby Was Only Authorized To Discuss The NIE
Did the name V. Plame get mentioned and exactly by who? Rove? And who gave HIM the info? Libby. Who has the biggest set of guns of the two, Libby or Rove? Is one subordinate to the other in the pecking order?
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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 03:39 PM
Response to Reply #1
2. Perhaps the most
important thing is that the claim by Libby that he was authorized to disclose classified information is that it is strong proof that what Ambassador Wilson has said all along -- that there was an organized effort at the highest levels of the executive branch of the government to damage Wilson in order to avoid the serious charges he raised. More, it begins to give a clear picture of the structure of those from the executive office involved in this activity: Cheney discusses it with Libby, and authorizes him to share classified information with the press; Libby shares this information with Miller and Rove; Rove shares it with Cooper.

I'm going to discuss the structure further in the third part of this look at the Plame case. Two wonderful articles that DUers should read and re-read are Jason Leopold's 2-20-06 "NSC, Cheney Aides Conspired to Out CIA Operative," and Roger Morris's 7-28-05 "The Source beyond Rove: Condoleeza Rice at the Center of the Plame Scandal."

Morris's article states that, "It is in these hours of late July 7 and early July 8 that Rove, Libby and other officials get word of Plame's identity from Air Force One." Of course, since then, the Libby indictments document that Scooter had known Plame's identity well before this. So, in reading even high quality articles like this, it is important to put things in an up-dated context. Still, the article is of high value, because it shows the WHIG had a structured response set up to deal with the threat to the yellow cake lie, necessary to justify the war in Iraq.

Regarding the "pecking order," it is important to remember that Libby was experienced in PNAC/Middle Eastern politics for many years, while Rove's area was communications. While the American public was more familiar with Karl's pudgy face, Scooter was far more important in terms of the war in Iraq and the Plame scandal.
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im10ashus Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 04:53 PM
Response to Reply #2
9. Libby "claims" he was authorized to disclose the information.
And Cheney says he has the power to declassify the information. But wouldn't Cheney need to have that authorized through the proper channels or can he do it on his own accord?

K&R!

:kick:
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stop the bleeding Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 10:31 AM
Response to Reply #2
41. Thanks H2O Man, I have read and re read both articles, - here is my take..
here are some of the key parts out of both. Let me know if there is other parts of the article that I need to focus on as well.



Roger Morris's 7-28-05 "The Source beyond Rove: Condoleeza Rice at the Center of the Plame Scandal."




February 19, 2002: A meeting at the CIA discusses sending Wilson to Niger. Attending is an analyst from the State Department Bureau of Intelligence and Research who says the trip is unnecessary, since the US embassy in Niger and European intelligence agencies have already disproved the story of an Iraqi purchase-and whose notes of the meeting, including the facts of Valerie Plame's CIA identity as an NOC operative on WMD and her role in recommending her husband, will be the basis for later crucial memos in the scandal.


~snip~

January 28, 2003: "The British government," Bush says in his State of the Union litany on the dangers of Iraq, "has learned that Saddam Hussein recently sought significant quantities of uranium from Africa."

Rice and her staff, of course, have as always laboriously worked and reworked the national security passages of the speech. In readying the address, Rice's NSC Staff assistant for nonproliferation, Robert Joseph, asks Alan Foley, a ranking CIA expert on the subject, about the "uranium from Africa" passage, which obviously refers to the old Niger issue. Foley says the CIA doubts the Niger letters and connection, has disputed the British White Paper (as Rice and Joseph well know), and recommends that the NSC strike the reference. In typical bureaucratic fashion, however, Foley also says it would be "technically accurate" to say that the British had in fact issued such a report on Iraq, however mistaken. With the approval of Rice and her deputy Hadley, the passage stays, becoming a major piece of "evidence" in the case for war.

~snip~

June 10, 2003: Undersecretary of State Marc Grossman asks the Bureau of Intelligence and Research (INR) for a briefing on the Niger uranium issue, and specifically the State Department's opposition to the continuing White House view that Iraq had tried to buy yellow cake. The resulting memo is dated the same day, and drawn from notes on the February 19 meeting at the CIA on the Wilson mission and other sources. Befitting the sensitivity of the information, the memo is classified "Top Secret," and contains in one paragraph, separately marked '(S/NF)" for "Secret/No dissemination to foreign governments or intelligence agencies, " two sentences describing in passing Valerie "Wilson's" identity as a CIA operative and her role in the inception of the Wilson trip to Niger. This June 10 memo reportedly does not use her maiden name Plame

~snip~

07/06/2003
Later in the day, Deputy Secretary of State Richard Armitage calls INR Assistant Secretary Carl W. Ford at home, and asks him to send a briefing memo to Powell about the Niger uranium issue. Ford simply pulls out the previous June 10 memo with its reference to Wilson's wife (her name now corrected from Wilson to Plame), addresses it to Powell, and forwards the memo to Rice to be passed on to Powell, who is due to leave the next day with the Presidential party on a trip to Africa.

~snip~

07/07/2003

That evening, with the White House scrambling to defend itself against Wilson's resonating charges, Bush leaves for a trip to Africa, accompanied by Rice and Powell. Before the party flies out of Andrews, Rice is in several meetings with Rove, Libby and other senior aides of the WHIG.

The scene now shifts to the plush but still relatively close quarters of Air Force One, the specially configured 747 where the accompanying media are boarded through a rear door and funneled directly to their mid-level section closed off from the forward official compartment, and where Administration VIPs like Rice and Powell are in conference rooms and adjoining lounge chairs in closer and easier proximity and informality than in any other official venue. It is in this setting, soon after takeoff, as the New York Times will report two years later, that Powell is seen walking around carrying the INR June 12/July6 memo detailing Wilson's mission and Plame's identity and role in the "(S/NF)" paragraph. Powell discusses the memo with Rice and other presidential aides on board, including press secretary Ari Fleischer. Witnesses later see Fleischer "perusing" the memo. There are reports, too, of several calls between the plane and the White House discussing the Wilson affair. En route over the Atlantic, Rice and Fleischer both call contacts at the Washington Post and New York Times "to make it clear," the Times will report, "that they no longer stood behind Mr. Bush's statement about the uranium-the first such official concession on the sensitive issue of the intelligence that led to the war."

It is in these hours of late July 7 and early July 8 that Rove, Libby and other officials get word of Plame's identity from Air Force One.
Rove and Libby will hear of Plame in the drafting with Tenet of his mea culpa, but officials on the plane reading the INR memo cannot know or be sure of this, and the memo's passages on Wilson, including his wife, are now relayed back to Washington. Reporters later speculate that Powell might have called either Rove or Libby with such information, but as one concludes aptly, "That was above his pay grade." The President himself might have read the memo and called the two aides. But given Bush's style and grasp, that, too, is implausible, though he may well have been informed of the calls and given his approval. The only official on board Air Force One with the knowledge and authority-motive, means and opportunity-to instruct Rove and Libby and so betray Plame was Condoleezza Rice.


~snip~

July 11, 2003: Peppered by questions about Wilson's charges, Bush in a press conference in Uganda says, "I gave a speech to the nation that was cleared by the intelligence services." That evening, aboard Air Force One flying over East Africa, Rice speaks at length with the media about the "clearances" of the President's speech. "Now I can tell you," she says, "if the CIA, the director of central intelligence, had said, 'Take this out of the speech,' it would have gone without question." She says nothing about the actual maneuvering behind the now-troublesome passage, the Joseph-Foley exchange, the controversial British memorandum US intelligence has disputed, the shadowy history of the yellow cake fraud.


http://www.counterpunch.org/morris07272005.html


Even though I did not highlight him in this summary - I think Johhny Bolton is a critical key in these two articles as well.










Jason Leopold's 02/20/2006 NSC, Cheney Aides Conspired to Out CIA Operative


One high level behind-the-scenes player who has been named by witnesses in the case as a possible source for reporters in the leak is Robert Joseph, formerly the director of nonproliferation at the National Security Council. Joseph is responsible for placing the infamous "sixteen words" about Iraq's attempt to purchase uranium from Niger in President Bush's January 2003 State of the Union address.

~snip~

Sources close to the probe said witnesses involved in the case told FBI investigators that Joseph was one of the recipients of a classified State Department memo in June 2003 that not only debunked the Niger allegations but also included a top-secret reference to Valerie Plame Wilson's work for the CIA, and that she may have been responsible for recommending that the CIA send her husband to Niger to investigate the uranium claims in February 2002.

Joseph did not return calls for comment. A spokeswoman for the vice president's office said she would not comment on "rumors" or "speculation" as long as the investigation is ongoing. Hadley's spokeswoman also did not return calls for comment, but she has said in the past that Hadley played no role in the leak.

The sources added that the witnesses testified that Joseph and then-Deputy National Security Adviser Stephen Hadley had worked directly with senior officials from vice president Cheney's office - including Cheney's former chief of staff, I. Lewis "Scooter" Libby, National Security Adviser John Hannah, and White House Deputy Chief of Staff Karl Rove - during the month of June to coordinate a response to reporters who had phoned the vice president's office and the NSC about the administration's use of the Niger documents.


Curious how Rice's name is omitted from this paragraph

Continued...




Although that remains to be seen, former State Department and CIA officials who have testified about their role in the leak said they believe officials at the National Security Council and in the vice president's office worked together to unmask Plame Wilson to reporters, specifically to undercut her husband's credibility. They said that Joseph was one NSC staffer who worked with Cheney officials to do so.

Joseph, who is now the Under Secretary of State for Arms Control - a position once held by John Bolton,
now United States Ambassador to the United Nations - testified before the grand jury that he played no part in the leak and was not involved in attempts by the administration to discredit Wilson.

Moreover, Joseph testified that he did not recall receiving a warning in the form of a phone call from Alan Foley, director of the CIA's nonproliferation, intelligence and arms control center, saying that the "sixteen words" should not be included in Bush's speech, the sources said.


Joseph is right he didn't receive a warning according to the Morris Article at Counterpunch Joseph asked Foley not the other way around

...Robert Joseph, asks Alan Foley, a ranking CIA expert on the subject, about the "uranium from Africa" passage, which obviously refers to the old Niger issue. Foley says the CIA doubts the Niger letters and connection, ..




Foley said he spoke to Joseph a day or two before President Bush's January 28, 2003, State of the Union address and told Joseph that detailed references to Iraq and Niger should be excluded from Bush's speech. Foley told committee members that Joseph agreed to water down the language and would instead, he told Foley, attribute the intelligence to the British, which is exactly what Bush's speech said.

However, a few weeks before Foley's meeting with the Senate committee, the Niger intelligence was beginning to unravel and threatened to expose the roles of Libby, Hadley, Joseph, Hannah, and Rove in getting the administration to rely upon it to build the case for war.

~snip~


The sources said it was during this month, March 2003, when Wilson arrived on the administration's radar as a result of his public comments that alleged the White House had manipulated intelligence, that Cheney, Libby, and Hadley spearheaded an effort to discredit Wilson.

It was during the course of their attempts to attack Wilson's credibility and rebut his charges that officials in the State Department, the CIA, Cheney's office, and the National Security Council - many of whom were responsible for pushing the administration to cite the Niger claims - learned that Wilson's wife was a covert CIA agent and, upon learning that she may have been responsible for sending Wilson to Niger, leaked her name to a handful of reporters.




http://www.afterdowningstreet.org/?q=node/8003


So what piece is Rice on the Chess Board again, if you could provide me with a link to you chess thread I would be most thankful. I thought that I had it bookmarked and I can not find it via the DU search engine.


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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 10:42 AM
Response to Reply #41
44. See #43 below ....
for a link on the "Your Move" essay. I didn't really focus on her or Mr. Bolton there, though I will in part #3 of this series. I think Roger Morris's article is very well done. Both TruthOut and RawStory are great sources. The only way I could see to improve them would be for them to carry my articles. (grin)
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stop the bleeding Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 10:50 AM
Response to Reply #44
45. thank you, so when can we look forward to reading parts II & III
on a "View From a Park Bench"?

When I am reading this thread I can not help but think of Jethro Tull "sitting on a park bench"- I know you are a big fan of the Fab Four like my lady, but I thought you would chuckle at that reference.

:popcorn: is ready for the next 2 parts
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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 10:56 AM
Response to Reply #45
47. I've sang it to myself
a couple dozen times in the past 24 hours. Jethro Tull was one of the best concerts I saw, many years ago. (I actually quoted the line after Cheney debated Edwards, and someone on DU posted a picture of Dick staring at Edwards' daughter.)

I'm hoping to get part #2 done today.
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Me. Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 10:56 AM
Response to Reply #41
46. Excellent Recap
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Me. Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 03:54 PM
Response to Original message
3. Well Ain't This Ironic -These Bastards Are Going To Try Everything
but the kitchen sink...

Libby's Lawyers Want Charges Dismissed


“Lawyers for Vice President Cheney's former top aide asked a federal judge Thursday to dismiss his indictment because the special prosecutor in the case lacked authority to bring the charges.

In a court filing, lawyers for I. Lewis "Scooter" Libby said the indictment violates the Constitution because Special Counsel Patrick Fitzgerald was not appointed by the president with the consent of the Senate.

The defense attorneys also said Fitzgerald's appointment violates federal law because he was not supervised by the attorney general or approved by Congress.

"Those constitutional and statutory provisions have been violated in this case," Libby's lawyers wrote.” Cont…

http://www.forbes.com/home/feeds/ap/2006/02/23/ap2549198.html
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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 04:08 PM
Response to Reply #3
4. There has rarely
been a serious legal case where defense attorneys do not file a motion to dismiss charges. It is as routine as wearing a suit and tie to court. The grounds they list are, however, evidence that they should buy clip-on ties.
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Me. Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 04:17 PM
Response to Reply #4
5. The Motion To Dismiss Didn't Surprise Me
The reasons stated for dismissal did, and say to me that they are getting desperate.

Also: The NIE disclosure By Sid Blumenthal, who we know directly from Wilson has been a huge support to the Wilsons:

Cheney's Coup
A 3-Year-Old Executive Order That Vastly Expanded His Powers Illuminates How the Vice President and His Minions Led Us Into War.
by Sidney Blumenthal

“Cheney was asked about court papers filed by his former chief of staff, I. Lewis "Scooter" Libby, indicted for perjury and obstruction of justice in the investigation of the leaking of the identity of an undercover CIA operative, Valerie Plame. (She is the wife of former ambassador Joseph Wilson, a critic of disinformation used to justify the invasion of Iraq.) In those papers, Libby laid out a line of defense that he had leaked classified material at the behest of "his superiors" (to wit, Cheney). Libby detailed that he was authorized to disclose to members of the press classified sections of the prewar National Intelligence Estimate on Saddam Hussein's weapons of mass destruction. (The NIE was exposed as wrongly asserting that Saddam possessed WMD and was constructing nuclear weapons.) Indeed, Cheney explained, he has the power to declassify intelligence. "There is an executive order to that effect," he said. Had he ever done that "unilaterally"? "I don't want to get into that."

http://www.commondreams.org/views06/0223-33.htm
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stop the bleeding Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 04:21 PM
Response to Reply #5
6. I have been trying to read this as you all keep posting - bookmarked!
and nominated


Both of you guys are absolutely vital in keeping DU updated with all of facts and ramifications of this case/investigation.

Thank you
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Emit Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 04:44 PM
Response to Reply #6
7. I second that motion! n/t
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robertpaulsen Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 04:54 PM
Response to Reply #7
10. Third! n/t
:hi:

:kick:
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Emit Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 05:29 PM
Response to Reply #5
11. Whether it's routine procedure
the reasons for the dismissal do seem desperate. And, from a layperson's perspective, the hypocrisy is unreal!
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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 05:41 PM
Response to Reply #11
12. It sounds like
little effort was put into the motion.
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Me. Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 05:54 PM
Response to Reply #12
13. Another Take
The Team Libby Tap Dance, Part I


“Let's start with the latest news on the response filing. Carol Leonnig in the WaPo goes over the Team Libby filing and pulls out a few bits -- most of which we discussed yesterday here. In any case, Leonnig does get some new insights -- most likely from someone close to Team Libby (Barbara Comstock, is that you?):

Vice President Cheney's former chief of staff was so consumed with pressing national security concerns in 2003 and 2004 that he undoubtedly forgot details of conversations he had about undercover CIA operative Valerie Plame, his defense lawyers argue in new court filings.” Cont…


“The fact that Libby chose to answer as he did with false information -- repeatedly -- speaks volumes to me, and no doubt to Fitz and his entire team.

In announcing Libby's indictment last October, Fitzgerald accused Libby of displaying a detailed but selective memory with investigators. Libby told prosecutors he believed he learned that Plame worked at the CIA from NBC reporter Tim Russert in a telephone call in July 2003. But he forgot that Cheney had actually told him that information the previous month, and that three days before the Russert call, Libby passed it on to then-White House press secretary Ari Fleischer.

Yep, sure sounds like his busy job made him do it, doesn't it? *snerk* Color me unconvinced.

Leonnig also throw in this bit at the end:

Today, defense lawyers are also expected to file a motion asking U.S. District Judge Reggie B. Walton, who is presiding over the case, to dismiss all charges against Libby. On Friday, Fitzgerald and the defense attorneys are scheduled to argue at a court hearing whether Fitzgerald should have to provide Libby with classified material and information about reporters and administration officials questioned in the investigation.”

http://firedoglake.blogspot.com/
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Me. Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 05:55 PM
Response to Reply #13
14. More Insanity
The Team Libby Tap Dance, Part II

“Begining on page 26, Team Libby makes the "since our client wasn't charged with IIPA or Espionage, then we get to argue Fitz didn't do his complete job as a defense," and are attempting to find some way (ANY way) to leverage the CIA against the USAtty's office -- which would be a fine idea, were it not for the fact that their client's lies and obstructive behavior has thrown a wrench into that very investigation.

-- The Wells affadavit on faulty memory defense is going to require some serious scientific evidence testimony to even get this through the door -- and it ought to be an amusing legal pretzel argument to watch. Especially given the reporting we've seen on the Scooter Libby Notebook on Joe Wilson and his obsessive discussion of Joe Wilson with anyone he could corner in the White House for weeks on end.

Also, there is the pesky fact that Scooter is a lawyer by initial training and education. A very highly paid lawyer, who would have known, up front, what the penalties for perjury and false statements would be to a grand jury, to a federal investigator and the penalties for deliberately obstructing a criminal investigation in a matter of national security.

It will be incredibly difficult for them to argue that Libby just misunderstood his responsibilities -- given his position in the government, his understanding of national security secrecy, his understanding of criminal penalties, and such, it will be very, very difficult indeed to go with the "he was just relly confused and tired" defense.” Cont…

http://firedoglake.blogspot.com/



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stop the bleeding Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 09:57 PM
Response to Reply #14
30. thanks Me for The Team Libby Tap Dance parts I & II n/t
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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 08:18 PM
Response to Reply #5
20. The Countdown segment
with Keith O and David S should make people look forward to the Friday jokes about the judge dismissing each of the motions in record time. I loved the part about their demand for the "secret letter" that was available on the internet.
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Me. Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 08:35 PM
Response to Reply #20
21. That Was A Riot
Shuster could barely stop himself from falling out.
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stop the bleeding Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 09:55 PM
Response to Reply #20
29. no doubt both of those had me rolling on the floor n/t
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Me. Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 04:53 PM
Response to Reply #4
8. Tin Foil ?
Do you suppose someone in the WH had a talk with him and said,"Listen scootie pie, stop asking for those PDBs cause it ain't gonna happen, we can't afford to let them be seen at any cost, and with your continued yapping about it the wound is beginning to fester. Think of something else."
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Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 06:05 PM
Response to Original message
15. I think things are not going Cheney's way
and that is why he blew up and pelleted his friend.


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Me. Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 07:08 PM
Response to Reply #15
16. I Think He Did It Because He Is A Complete & Total Ass
who is criminally negligent in everything he does when he isn't being downright traitorous and felonious.
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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 08:01 PM
Response to Original message
17. Perle on Hardball ....
he is the definition of pathology in politics. The neoconservatives have created a situation that has spun so far and so violently out of control that the administration & co should resign in shame. But they have no shame.

In 1977, in a letter from Trenton State Prison's Vroom Re-adjustment Building, Rubin Carter wrote the following to me: "A very wise man once said, 'It is always easy to begin a war, but very difficult to stop one, since its beginning and ending are not always under the control of the same person. Anyone can start a war, but it can only be brought to an end by the consent of the victor!' "

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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 08:01 PM
Response to Reply #17
18. Countdown (MSNBC)
will have a segment on Libby ....
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leftchick Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 08:46 PM
Response to Reply #18
23. darn I must have missed it
did you catch it and could you give a recap? I just tuned in and Keith is doing he UK robbery.
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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 09:03 PM
Response to Reply #23
24. Sure.
Keith and David were sharing a giggle over the weak motions for dismissal being put forward by Team Libby. For example, they said that Fitzgerald knew who had leaked to Novak shortly after he started on the case, and hence his investigation had no right to look further. Nothing, of course, could be further from the truth. The WHIG leaked to at least 6 journalists; each time they did was a potential crime, in and of itself, regardless of if the journalist published the article or not.

Team Libby also expresses outrage that Fitzgerald pursued the case in a manner that caused acrimony between the federal government and journalists. Think that can't be topped? Well, they state that Fitzgerald was appointed in an unconstitutional manner. Next: they demand a copy of a "secret letter" from the past Attorney General to Fitzgerald .... and MSNBC found the letter on the internet.

Shuster will attend the court hearing tomorrow. He made a comment about how quickly the motions would likely be dismissed. He had a grin tugging on both sides of his face, though he didn't burst out laughing ... at least not while the camera was on him.

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leftchick Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 09:11 PM
Response to Reply #24
26. excellent recap H2O Man!
Thank you. I am looking forward to David's next report. Isn't Libby's lawyer some NYC hotshot? Why in the world would he bother doing this?
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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 09:22 PM
Response to Reply #26
27. Libby has
an impressive team. "Part 2" of my little series on this will be a review of Fitzgerald's 2-16 legal brief. I found it fascinating. It seems to me that the Libby team is thinking in terms of issues to appeal. The motions being ruled upon tomorrow are not in that neighborhood, though. Perhaps they are simply being filed as a formaility; perhaps a junior member was assigned the task of producing these motions;or it may be viewed as a serious measure of how strong Fitzgerald's position is at this point in the trial. No matter what the case, most serious legal teams would avoid filing silly motions that hint at the weakness of their position if they are looking to impress the judge hearing their case. I can't help but think that Libby will strike a deal after Thanksgiving.
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stop the bleeding Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 10:03 PM
Response to Reply #27
31. Thanksgiving - well it would be a good Fitzmas after all if Libby was
to cop a plea. I like you insight and ability to see into the future especially for possible appeals, and the frivolity of moves as what these motions actually may represent.

Cool very cool.

I am a vegetarian, but I may have to have a slice of Turkey if Fibby pleads Guilty - yum yum
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many a good man Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 08:11 PM
Response to Original message
19. Think Cheney will sob on national television like Duke Cunningham?
Sorry. That image just popped into my mind.
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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 09:05 PM
Response to Reply #19
25. I would think
that Karl Rove might be more prone to an emotional burst. If, however, Cheney were to weep on national television, he would risk losing that Spiro Agnew manly image.
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Patsy Stone Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 08:38 PM
Response to Original message
22. Thanks for that!
Visualize orange jumpsuits. Never have I witnessed a truer case of "give 'em enough rope".

Looking forward to the future installments. Rec'd.

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bleever Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 09:49 PM
Response to Original message
28. "View from a park bench" immediately brought to mind my favorite
view from a park bench:



I sat there in awe as I tried to put myself among the people who created American democracy two centuries earlier.
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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 08:47 AM
Response to Reply #28
36. Nice picture.
"I sat there in awe as I tried to put myself among the people who created American democracy two centuries earlier." I like that. I think that we need to commune with the likes of Jefferson.
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Me. Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 10:28 PM
Response to Original message
32. Not Trying To Jump The Gun Here
Not really, but when you get to part 3 and discuss the structure, please give your thoughts on whether Rove would feel compelled to follow Libby directives, such as spelling out the name V Plame to Novak and if he was wouldn't he feel doubly burned at having been led into unwitting espionage? Seems to me that would provide, aside from saving his own butt, a good incentive to turn on Libby. So why hasn't he, or maybe he has and ut just hasn't been spelled out. And if he has, which disclosure will spell sooner or later, won't that create even more fireworks between the two offices? A real dog fight between the two would be great and add to the chaos of this admin.
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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 10:43 PM
Response to Reply #32
33. It isn't difficult
to see what the dynamics would be. Cheney and Libby outline a task; they tell Rove that they need his unique talents to accomplish the goal; Rove does his thing, and then reports back. This is supported in two interesting pieces of information from Fitzgerald's investigation: first, the Libby indictment states that a person known to be Rove approached Libby to tell him he had spoken to Novak; and second, Rove sent an e-mail to Hadley to tell him he had delivered the word to Cooper.

That brings us to that old chess board again, and the role that the NSC played in both the presentations promoting the yellow cake fiction, and to what role Ms. Rice appears to have played in the organized effort to destroy Wilson and Plame.
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NewJeffCT Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 11:07 PM
Response to Original message
34. Thanks for the post
I appreciate all your work you put into your posts.
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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 11:25 PM
Response to Reply #34
35. Sometimes the shelf life
of important stories, when there is 24 hour cable news, gets lost. People who are interested in the Plame case may have forgotten just what Judith Miller reported that she testified to, which really has to be compared to Scooter's testimony, in order to be fully appreciated. I like to think there may be some value to my posting things like this, and appreciate that you enjoy it.
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seemslikeadream Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 09:02 AM
Response to Original message
37. Thanks H2O Man
for constantly giving me hope



Give me love
Give me love
Give me peace on earth
Give me light
Give me life
Keep me free from birth
Give me hope
Help me cope, with this heavy load
Trying to, touch and reach you with,
heart and soul

OM M M M M M M M M M M M M M
M M M My Lord . . .

, that
I might understand you

Won't you please
Oh won't you

Give me love
Give me love
Give me peace on earth
Give me light
Give me life
Keep me free from birth
Give me hope
Help me cope, with this heavy load
Trying to, touch and reach you with,
heart and soul

OM M M M M M M M M M M M M M
M M M My Lord . . .

PLEASE take hold of my hand, that
I might understand you

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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 09:12 AM
Response to Reply #37
38. A nice George song!
I took my daughters to a local public library to watch the old Beatle film "Let It Be" the other night. My 12 year old is in a "Beatle stage," and she was unhappy with the Paul of 1969. (For good reason.) I've been showing her how when one door closes in life, another opens. For George, the end of the Beatles opened the door for a wonderful period as a solo artist. I'm not suggesting that Scooter will take up drawing in prison, but anything is possible.
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Catherine Vincent Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 10:03 AM
Response to Original message
39. Recommended!
I really don't know what this board would do without you dude! :hi:
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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 10:04 AM
Response to Original message
40. A Friday question:
Are any DUers heading towards the federal courthouse for the Libby hearing? It should be open to the public.
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stop the bleeding Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 10:32 AM
Response to Reply #40
42. No, I am in Florida, I put a response to your post# 2
Edited on Fri Feb-24-06 10:32 AM by stop the bleeding
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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 10:39 AM
Response to Reply #42
43. Here it is:
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H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-24-06 02:50 PM
Response to Original message
48. The Libby papers (important)
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