Fitz Alleges New Motive for Libby to Lie (New Filing-PDF)

[kpete]

Fitz Alleges New Motive for Libby to Lie
By Jeralyn, Section Lewis Libby Trial Coverage
Posted on Fri Jan 26, 2007 at 06:20:00 AM EST
Tags: Libby Trial (all tags)


It must be true that trial lawyers never sleep when they are in trial. Check out the motion (pdf)http://www.talkleft.com/LibbyTrial/trialpleadings/fitzmtnagreements.pdf Team Fitz filed yesterday alleging a new motive for Scooter Libby to lie to investigators and the grand jury. Shorter verson: Libby knew that he had signed non-disclosure agreements in connection with his employment and was afraid that by telling the truth that he disclosed Valerie Wilson's employment with the CIA to reporters, he was in violation of his agreement and would be fired and lose his security clearances.

Fitz alleges:

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.


..................

The nondisclosure agreements executed by defendant tend to establish that defendant undoubtedly fully understood the serious obligations imposed by the nondisclosure agreements – and the severe potential consequences of violating them. Given other evidence that will establish that defendant was also aware at the time he made the charged false statements that Ms. Wilson’s employment may have been classified, and that the FBI and grand jury were investigating possible crimes arising from the disclosure of Ms. Wilson’s CIA employment to reporters, the nondisclosure agreements are directly relevant to the issue of whether defendant lied intentionally about his role in receiving and disseminating information concerning Ms. Wilson’s employment. Thus, the agreements should be admitted.

more at:
http://www.talkleft.com/LibbyTrial/trialpleadings/fitzmtnagreements.pdf

edit to include:
Documents From The Trial of I. Lewis "Scooter" Libby
http://wid.ap.org/documents/libbytrial/index.html

[H2O Man]

1. You're fast!!!

I had just finished reading the motion, and was thinking of posting it myself.

It seems that Mr. Fitzgerald is very well prepared. Very well, indeed.

[CatWoman]

5. that guy is amazing

I just can't keep up :)

[Nickster]

10. I was pretty sure that you were the one that brought up this angle awhile ago. No?

I remember that I saved a pdf file with the non-disclosure agreement wording specifically because of this angle, that he violated his agreement and so did anyone else in the Executive that did the same thing.

[H2O Man]

20. It has been discussed

in the Plame threads several times. (It also applies to one of the defendants in the neocon/AIPAC espionage case; one fellow had had a security clearance for many years. He claimed that his sharing classified information was a "freedom of the press" issue, though he has never been a journalist.)

[wishlist]

2. Christy at firedoglake posted about this early this morning as well

Case is moving along well with this important development about motive and Libby fearing consequences from his disclosures:

http://www.firedoglake.com/

Her commentary:

"I hope we see some substantial news coverage on this issue, precisely because the Bush White House seems so full of people who did not take their commitments to secrecy under the agreement seriously enough for my comfort level. If, as a covert agent or person working on high level clearance operations, you cannot trust your own goverment to have your back — and you have to worry about them using any and all information for their own political purposes and gain…well, honestly, that's just wrong on so many levels, isn't it? Either national security comes first or your political neck does — and if it is the latter, then you have no business being in charge of the former. Period."

[G_Leo_Criley]

3. k&r

fabulous fitz!

:kick:

glc

[antigop]

4. Wow! What else does Fitz have? n/t

[madokie]

6. deadeye dick by the balls

[antigop]

7. HA! I meant what other evidence? n/t

[hootinholler]

8. What's that saying...

When you got them by the short and curlies, their hearts and minds will follow.

-Hoot

[madokie]

12. thats what ralph stedman said years ago

his famous cartoon about nixon

[mopinko]

19. i think chuck colsen said something similar

but he advocated a more encompassing grip.

[madokie]

42. remembering these old basturds makes me realize we won once and we'll win again

nixon is gone and bush* will be soon too

[Morgana LaFey]

58. LBJ, I think it was. nt

[BlueIris]

30. Such as they are.

Poor Fitz, having to touch, metaphorically or otherwise, those wrinkled old grapes.

[mzmolly]

61. He he.

:rofl:

[ms liberty]

9. kptete, fastest poster on the internets! Thanks! K&R n/t

[Bandit]

11. Why did you not charge him with disclosure then?

While I like the idea, I find it absurd to use that as explanation for his LYING but not use the act itself against him..He along with Cheney, Rove, Ari, Armetage, and a whole bunch more deliberately disclosed Government Secrets and outed a COVERT CIA Agent for political purpose...

[speedoo]

15. Many (me included) believe that Fitz is building toward that.

Most likely, Fitz does not yet have an iron-clad case on either conspiracy or the charges you discuss.

[DoYouEverWonder]

22. Because we wouldn't be at trial right now

if he did.

This is a much easier and better way to achieve the same goal.

Trying to prove whether or not a CIA Operative was outed would have required a lot more secret evidence and that could have easily killed the whole trial.

[riderinthestorm]

26. But the trial's not about the outing, it's about the coverup

If there had been any concern about violating his non-disclosure agreement, Scooter would never have participated in the outing in the first place imho.

[DoYouEverWonder]

34. That's how it's turning out

certainly.

[riderinthestorm]

38. Do you see it that way?

I'm not getting that so clearly (yet). I know FDL believes that Fitz is "going large" from his opening statements but from what I'm reading Fitz is staying pretty tight to the initial charges against Scooter....

Could be just how I see it. Thanks for the perspective. :hi:

[goforit]

63. I would this would blossom to charges of TREASON that it is ......

but I know this is only wishful thinking.

[Spazito]

13. Slightly OT but I noticed Bob Woodward's name written

in the PDF document of Cathie's notes:

http://wid.ap.org/documents/libbytrial/jan25/GX54101.pdf

It is on page 2 where she also made the notations on MTP, etc.

[Supersedeas]

69. the SotU discussion is fascinating

[mmonk]

14. Yep

Posted it in another thread (didn't see it had been posted here). Should shoot down the defense's attempts at clouding the motive claim from Fitz.

[havocmom]

16. To those who threw tantrums 'cuz Fitz wasn't doing it by THEIR schedule...

THIS is how it is done. Slowly build a solid case. Don't drop it all on someone at one time, but in stages. The more rope you have to steadily feed into the game, the tighter you can squeeze and the longer you can keep the pressure on. That is how you bring down the BIG game.

Fitz does seem to be going after bigger game than Scooter. And unlike, Cheney, Fitz lines up carefully with his target. He doesn't just react and scatter shot in hope of hitting something.

Buy stocks in anti-acids. Cheney is not feeling well these days.

[mmonk]

29. Very true.

You can see it all unfolding. Working from the outer crooks to the inner crooks in charge. It's like an ever so tightening vise.

[goforit]

64. Well, I certainly was one of them. With the long wait, I just hope no one gets

hurt along the way.
Cheney is pathological as is Bush (Sr. as well). Anger and fright is building in those pea brains
and whose other face he chooses to shoot off, no one really knows.

[Gregorian]

17. It feels like this trial isn't even about Libby, to me.

I don't know what to post or where to post it. I'm sitting in an empty house with belongings in two states. I don't know where I'm moving, but I have to be there on Feb. 1st. But I have to follow this forum.

This whole trial seems to be about everything that went on around Libby.

Meanwhile, the threads are coming fast and furiously. The quality of posts are phenomenal. My world is erupting in turmoil, not unlike this administration.

I'm trying to hold on to my seat, but it's all going way too fast.

Phew. There. I had to post SOMETHING. DU is the greatest! Thanks to all of you who work so hard to digest and regurgitate the facts.

[DoYouEverWonder]

32. Hang on

Things will work out for the best, I'm sure.

[mmonk]

33. You're doing great especially considering

you're in the middle of a move.

[Patsy Stone]

18. Wheeee!

FITZ!

[mopinko]

21. i am so f'ing glad that one of the f'ers is going to trail!!

these plea bargains are keeping a lid on so much. i wish other prosecutors would just say no. drag it all out into the sunshine ferchrissakes.

[yodermon]

23. WOW this is big. Check out this comment from the TalkLeft thread:

The non-disclosure agreements seem so basic to me that I was surprised to learn that Fitz hadn't entered them as evidence yet.
To wit:

http://www.talkleft.com/comments/2007/1/26/3207/68938/9#9

I think this is a strong motion for the prosecution. Moreover, my impression on reading it was (A) Fitz had this in his hip pocket all along and (B) had to wait until Cathie Martin testified yesterday to file it. {!!!}

Part of Martin's testimony was to the effect of being concerned about the possible revelation of the possible classified information, with regard to the VP/Scooter's talking points in the push-back and defense of Scooter. Remember, Scooter was po'd that Ari was giving a more robust defense to Rover in denying involvement in the leak than to Scooter, and Scooter and the VP were pushing hard - regardless of danger of revealing classified info - to get Scooter's defense out there. I also recall Martin being concerned about exactly what the VP and Scooter were up to in talking directly to reporters, as opposed to having her, the person they hired for the job, do this. I recall her being particularly uncertain about the propriety of their course of action.

In being concerned and making her concerns known, Cathie Martin was acting properly. It was Deadeye and Scooter, in a mad rush, who didn't care what the rules were or went ahead in spite of them (like so many other things they've done). Here's an excerpt from the booklet that comes along with the SF312 non-disclosure agreement:

The SF 312 is a contractual agreement between the U.S. Government and you, a cleared employee, in which you agree never to disclose classified information to an unauthorized person. Its primary purpose is to inform you of (1) the trust that is placed in you by providing you access to classified information; (2) your responsibilities to protect that information from unauthorized disclosure; and (3) the consequences that may result from your failure to meet those responsibilities. Additionally, by establishing the nature of this trust, your responsibilities, and the potential consequences of noncompliance in the context of a contractual agreement, if you violate that trust, the United States will be better able to prevent an unauthorized disclosure or to discipline you for such a disclosure by initiating a civil or administrative action.

...more...

I am convinced Fitz is slowly and methodically crucifying the entire WHIG.
Ari's testimony will be very interesting on Monday.
:popcorn:

[LonelyLRLiberal]

67. Methinks he has to spill his guts to keep his immunity.

Should be fun reading his testimony. I love how Fitz's case is so direct and organized. The defense seems to just be throwing stuff against the wall and hoping something will stick.

[Supersedeas]

70. Mr. Fleischer, did you receive a copy of SF 312?

[riderinthestorm]

24. What odd timing,

and to just submit the non-disclosure statements without any other sources that would substantively indicate this as a (possible - cough) "motive"?

I don't get it. Can anyone clarify where Fitz may be going with this angle? And at this point?

[H2O Man]

25. It's a response

to Teddy Wells saying Libby had no reason to lie. The timing is perfect. It is a card that Mr. Fitzgerald had up his sleeve. There are things that do not get introduced, until the other side opens the door, so to speak, thus allowing it in.

The prosecution's case is getting stronger.

[Beetwasher]

27. Yup, That Sound You Hear Is The Snapping Sound Of A Well Placed Snare

That the defense walked right into. Fitz was way ahead of the defense and was fully prepared and just waiting to spring this little diddy.

[riderinthestorm]

28. But if Scooter had been worried at all about his non-disclosure agreement

he never would have participated in taking Valerie Plame down in the first place imho.

It seems to weaken any other (potential) future cases against You Know Who.

[H2O Man]

31. Respectfully disagree.

The evidence shows that Scooter attempted to: {1} have Karl Rove and Ari Fleischer do the dirty work; and {2} told Judith Miller to attribute his comments to a "former staff from the Hill." He thought he wouldn't get caught. As a rule, people do not go to great lengths to cover up actions they are taking, if they do not think the actions are wrong.

More, it makes the potential case against Cheney stronger, as well .... for the same reasons.

[riderinthestorm]

37. Okay, I'm not disagreeing with any of your post BUT

I still think Scooter didn't give a damn about violating non-disclosure statements - I believe it was the height of OVP arrogance at the time this was going down and there were no cares about a NDS.

I don't believe they felt anything they did was "wrong", Scooter's actions appear to be more about the secretiveness of the OVP and less about a concern for ethics. And Fitz' attempts to assign an ethical concern to Scooter's lies (or anything that the OVP and WHIG was doing) just strikes me as a bit wierd.

[Patsy Stone]

40. He may not have given a damn about violating non-disclosure statements

But he sure as hell cared about getting caught violating NDS. That's the difference.

[riderinthestorm]

44. But others have violated their NDS with impunity

I can't remember the guy was who recently admitted telling Novak about Plame's NOC status. It's all a big "oops" and they walk away. Confidential information is leaked by WH officials, both intentionally and unintentionally, and they just walk away after an apology.

[Patsy Stone]

46. I think you mean Armitage

And the difference there was he admitted it to the FBI and GJ and they did whatever they did for him to secure testimony.

The point here is that Scooter supposedly had no reason to lie, but this proves that he at least knew what the rules were and when he'd be violating them. It's another nail in Scooter's coffin, and something that will come up later if Fitz deems it necessary.

As H2O Man said, there are limited windows to have evidence admitted, and Scooter may have just left the window wide open for future charges.

[riderinthestorm]

48. Thanks for the dialogue. I'm just thinking out loud here

and sounding out ideas with the best group of Plame case experts on the internets.

I'm sure Fitz has his case figured out as tight as a drum, trying to be a backseat driver is always a mistake! LOL! It'll be interesting to see how this piece fits into the chess game.

[H2O Man]

50. Of course not.

He did, of course, care about getting caught.

[Spazito]

52. Exactly, hence the obstruction and perjury

He deliberately breached the multiple non-disclosure agreements believing his actions would never see the light of day and, when they did, he obstructed the investigation and lied BECAUSE he was aware of the consequences as per the non-disclosure agreements.

The Libby defense response to this latest move by Fitzgerald will be fascinating, imo.

[me b zola]

54. You're making my heart beat faster!

I appreciate your taking the time to spell it out for people like me :D

[DoYouEverWonder]

35. Everything Scooter and Cheney did

violated a lot of things. They never thought they would get caught, or that anyone could prove anything. It only became a concern when Wilson had the balls to go public with proof of their lies.

[riderinthestorm]

41. True but in the scheme of their other really BIG ethical violations

it would seem to me that a potential violation of a NDS would be small change, especially to these guys who take "suicide" to a new art form as applied to their opponents.... I mean, Scooter could have taken the route that others have taken (can't remember who - Armitage, Addington? one of those guys) who basically said "oops! I think I screwed up!" and walked away unscathed.

Well, it will be interesting to see how this sudden concern on Libby's part for ethics over a NDS is shaped by Fitz.

[speedoo]

49. Why would it not have been allowed in at the outset?

I don't doubt you, just trying to understand the timing.

[H2O Man]

51. Mr. Fitzgerald

started by bringing fairly "limited" charges in the trial itself. Teddy Wells allowed him to expand on what he had originally had intended to prove in the trial. Your question is certainly a good one -- especially because it seems that the original indictment had made the point that the new motion does.

In my opinion, Wells made an error in his opening statement. I again go back to the idea that this is a chess match, and it seems that Mr. Fitzgerald has anticipated most of Team Libby's moves.

[speedoo]

53. Thanks. More food for thought.

I certainly hope you're right about Fitz anticipating the defense's moves.

That would imply that he came into this trial very confident of conviction, and so he laid a series of traps for the defense's anticipated moves.

And the purpose of that would have to be to strengthen future cases against other "fish", IMO. And to build on that, my guess is he wants to force Libby to take the stand, and this timing has something to do with that.

Getting back to Fitz' strategy, do you agree with others who say he wants to convict Libby and then negotiate a lesser sentence in exchange for Libby's cooperation? If you do, how does Fitz ensure Libby cooperates fully? I think Libby, like most of these people, is completely untrustworthy.

(please feel free to link me to other discussions)

[H2O Man]

55. I think it is

worth noting that Mr. Fitzgerald did not charge Libby until he: {1} lied to investigators; and {2} lied to a jury while under oath.

Thus far, VP Cheney has lied to Mr. Fitzgerald and Mr. Eckenrode during the investigation; next, he may lie to the jury will under oath.

I think there is a very real possibility of VP Cheney being charged at the end of the trial, no matter what Libby's fate holds.

[speedoo]

56. Yes, Cheney would lie under oath to a jury, wouldn't he?

He seems to think he can get away with anything.

I have some bubbly ready for when the next shoe drops. I thought it would be Rove, but if it turns out to be a charge against Cheney, I'll have to get more bubbly ready.

[Spazito]

57. I still have difficulty believing Cheney will testify at all....

because I can't figure out his "win" in doing this. Why isn't he fighting against testifying when it is clear, imo, it poses a very real risk of future charges against him. I would have thought that to Cheney, with all his arrogant belief that he is impervious to the law, etc, fighting any subpoena to testify would be child's play.

Could it be as simple as an "agreement" between Libby and Cheney that if Cheney testifies in defense of Libby, Libby will be the loyal "soldier" and keep the big secrets?

[LonelyLRLiberal]

68. If Cheney ever ended up being tried, I'd take vacation to follow blow-by-blow.

Wonder what Cheney would do? Would Bush pardon him? What is the statute of limitations - could charges against Cheney be delayed until after Bush is out of office?

[goforit]

65. Talk about timing....The 100 hour bill passing before this trial is...

brilliant as well.

[bleever]

62. This metaphor

had me thinking, upon hearing of the subpoenas from Team Libby to Rove and Bartlett, that they had been forced into making a move that would lead them shortly into checkmate.

[ramblin_dave]

36. Is it a crime to violate non-disclosure agreements?

Or is losing your job and security clearances the only penalty?

If it's a crime why wouldn't Scooter be facing charges for this?

[bleever]

39. My analysis:

Wow!

Team Libby doesn't seem to understand that they're doing their tap dance in a mine field that Fitzgerald had laid out.

For the prosecution's case to continue growing even stronger as the trial progresses is a thing of beauty.

[librechik]

43. Go Fitz!

bastard keeps giving me hope...

[Spazito]

45. Having, in the past, signed confidentiality

agreements and, subsequently, having had to deal with the media during "crisis" situations, you are MORE aware of the conditions of the agreement rather than less. You become more cautious in your responses/contact with the media, double checking, in your mind, to ensure, before you open your mouth/submit a written response, you are NOT breaching the confidential agreement.

It certainly seems to me, Libby, having signed not one but FIVE non-disclosure agreements was WELL AWARE of what he was doing.

[robertpaulsen]

47. Not new to Plame Threaders.

But good to see this out in the public domain from Fitz.

[NastyRiffraff]

59. Of course Libby was well aware of the NDA

Anyone who gets a TS clearance gets hours of training, to make sure they understand what they're signing, and the consequences of violating the agreement.

It's true, Libby probably didn't care, or thought he'd be protected. BUT....Fitz has him by the gonads now. What's the defense argument going to be? He didn't care? He didn't know can be shredded quickly.

I've got the popcorn popper ready for Monday!

[porphyrian]

60. I'll kick that. - n/t

[annabanana]

66. We have seen this road map laid out for us, courtesy

of H2OMan, and all the good investigators who have been breathing this trial from the beginning.