THE WORD ON LIBBY -- AND THE BIG PICTURE [Byron York]

National Review Online's 'The Corner' ^ | 10/28/05 | Byron York

[Diddle E. Squat]

A number of observations tonight from people who know and follow the CIA leak case:

The first is that they view the indictment against Lewis Libby as very strong. One source called it "as clear-cut an indictment" as one would ever see, and the consensus is that Libby is in serious trouble. If Libby lied as much as Fitzgerald accuses him of lying, the sources say, then Libby acted in an astonishingly reckless way.

The observers also suspect that Fitzgerald has some strong but as yet unrevealed evidence to support the centerpiece of his perjury charge against Libby, that is, Libby's testimony to the grand jury about his conversation with NBC's Tim Russert on July 10, 2003, in which Libby swore that it was Russert who told him that Valerie Wilson worked for the CIA:

"Mr. Russert said to me, did you know that Ambassador Wilson's wife, or his wife, works at the CIA? And I said, no, I don't know that. And then he said, yeah – yes, all the reporters know it. And I said, again, I don't know that. I just wanted to be clear that I wasn't confirming anything for him on this. And you know, I was struck by what he was saying in that he thought it was an important fact, but I didn't ask him anymore about it because I didn't want to be digging in on him, and he then moved on and finished the conversation, something like that."

What is striking about the indictment, observers say, is that Fitzgerald does not say simply that Russert has another recollection. Instead, the indictment says:

In truth and fact, as Libby well knew when he gave this testimony, it was false in that: a. Russert did not ask Libby if Libby knew that Wilson’s wife worked for the CIA, nor did he tell Libby that all the reporters knew it; and b. At the time of this conversation, Libby was well aware that Wilson’s wife worked at the CIA...

In another place in the indictment, Fitzgerald states flatly that "Russert did not ask Libby if Libby knew that Wilson's wife worked for the CIA, nor did he tell Libby that all the reporters knew it." That sort of definitiveness has led the observers to suspect that Fitzgerald has some sort of evidence that clearly supports Russert's account of the conversation.

In addition, the observers are unanimously appalled by the performance of Libby's lawyer, Joseph Tate. This is something that has been discussed for quite a while now -- at least since Libby's infamous "the aspens will already be turning" letter to Judith Miller. What lawyer, they ask, would have allowed his client to write and send such a letter -- clearly raising suspicions that Libby was trying to influence testimony and possibly obstruct the investigation? Now, Libby is said to be in the market for a good criminal defense lawyer. If he had done that earlier, the observers say, he might not be in the trouble he is in now.

Another consensus opinion is the cautious belief that Karl Rove might not, ultimately, face any charges. Rove is not mentioned by name in the Libby indictment, and only once by a pseudonym -- "Official A." Although the indictment is not about Rove, the observers get the sense that Rove emerges as a far less important player in the whole affair than Libby; it was Libby, for example, and apparently not Rove, who got in touch with the CIA and the State Department about the Wilson matter. In addition, word is that Rove made some sort of presentation to Fitzgerald in the last days of the investigation that made Fitzgerald less inclined to take action against Rove. What that involved is is not clear.

And finally, many observers of the investigation marvel at what is still not known after nearly two years of probing. Who leaked the story to Robert Novak? What, precisely, was Valerie Wilson's status at the CIA at the time Novak's column revealed her identity? Fitzgerald presumably knows the answers to those questions. But, at least so far, he isn't saying.

[oceanview]

the last paragraph makes no sense to me. I believe the transcript of the press conference today shows that Fitzgerald was asked is she was covert - he said "classified". someone double check me.

[somemoreequalthanothers]

and the consensus is that Libby is in serious trouble.

If only he had done something minor......like steal documents from the National Archives.

[oceanview]

from the transcript thread:

"
QUESTION: Can you say whether or not you know whether Mr. Libby knew that Valerie Wilson's identity was covert and whether or not that was pivotal at all in your inability or your decision not to charge under the Intelligence Identity Protection Act?

FITZGERALD: Let me say two things. Number one, I am not speaking to whether or not Valerie Wilson was covert. And anything I say is not intended to say anything beyond this: that she was a CIA officer from January 1st, 2002, forward.

I will confirm that her association with the CIA was classified at that time through July 2003. And all I'll say is that, look, we have not made any allegation that Mr. Libby knowingly, intentionally outed a covert agent.

FITZGERALD: We have not charged that. And so I'm not making that assertion.
"

[bvw]

This explains zero about the temper and themes of Fitz's remarks at the press conference.

[CyberAnt]

"In addition, word is that Rove made some sort of presentation to Fitzgerald in the last days of the investigation that made Fitzgerald less inclined to take action against Rove. What that involved is not clear."


I know what it involved. The round table on FOX talked about it - because when it was noted by the press that Rove must be in big trouble since he was meeting with Fitz for a FOURTH time .. and the media was doing it's usual salivating. But .. it turned out that after Cooper gave his testimony to the GJ and came out and gave his little speech to the media .. Rove had immediately called Fitz and REQUESTED an opportunity to rebutt what Cooper had said.

And .. I remember sending an email to FOX about some of their other reporters saying Rove was called by Fitz to testify again .. and that wasn't true .. Rove volunteered. Finally, after 2-3 days, most of the reporters on FOX began saying Rove "requested" the 4th trip to testify.

[CyberAnt]

You are correct.

But .. I bet the neighbors didn't want to admit they knew she worked for the CIA. I mean .. who wants to be called before a GJ .. and if they're her friends, they would cover for her I'm sure.

[Diddle E. Squat]

I wonder if he could somehow cobble together a whistleblower defense? As someone else succinctly put it, a few persons in the CIA conspired to send Wilson to Africa in an unusual manner(and remember his not signing a confidentiality clause), he starts spreading misleading info to undermine the administration, and then the CIA tries to make it look like Chaney's office sent him. That comes close to treason. Outing VPlame was part of outing this subversive scheme.

Unfortunately, legally he's charged with lying to the grand jury, not outing her. But could not he argue that telling the truth in the GJ would be self-incriminating, and there was a greater good in outing this scheme, even if it required breaking the law? Daniel Ellsberg?

[blogblogginaway]

References to her being 'classified' in transcript......

- Valerie Wilson was a CIA officer. In July 2003, the fact that Valerie Wilson was a CIA officer was classified. Not only was it classified, but it was not widely known outside the intelligence community.

- I will confirm that her association with the CIA was classified at that time through July 2003. And all I'll say is that, look, we have not made any allegation that Mr. Libby knowingly, intentionally outed a covert agent.


- QUESTION: The indictment describes Lewis Libby giving classified information concerning the identify of a CIA agent to some individuals who were not eligible to receive that information. Can you explain why that does not, in and of itself, constitute a crime?

FITZGERALD: That's a good question. And I think, knowing that he gave the information to someone who was outside the government, not entitled to receive it, and knowing that the information was classified, is not enough.

FITZGERALD: You need to know at the time that he transmitted the information, he appreciated that it was classified information, that he knew it or acted, in certain statutes, with recklessness.



- And all I'll say is that if national defense information which is involved because her affiliation with the CIA, whether or not she was covert, was classified

http://www.rushlimbaugh.com/home/daily/site_102805/content/patrick_fitzgerald_press_conference_transcript.guest.html

[Howlin]

"Classified" is NOT "covert.

[NickatNite2003]

You know...i was thinking about all this..these
indictments, Mr Libbys not guilty plea, the
inevitable trial that the Dims are slathering for..
that Joe Wilson is doing a happy dance over..
as they all contemplate the show trial; they
dream of...Rove on the witness stamd,..maybe Cheney..
who knows..even Bush himself! the rhapsodise about...

and the expression: "Be careful what you wish for!"
comes to mind...Remember, everything so far, that
has been presented..has all been from a prosecutorial/persecutional POV...In the Trial
Libby, and his lawyers, will be able to present
an opposing point of view, and be able to Supeona
their *own* list of witnesses, friendly and hostile.
Does anyone, upon thinking about it, doubt that
Joe Wilson, and Valerie Plame, will find themselves
being handed supeonas, and under oath in from of
a *criminal* court? That Plame's superiors(s) aren't
facing supeonas? That witnesses from Niger & the UK
may be flown in to testify as to the extent of
Wilsons "investgation", and the UK info on the
Yellowcake? That those people who knew of Plames
CIA status, her possible exposure over 5 yrs ago
to foriegn Intelligence agencies brought out??...
The connections between Wilson, Plame and numerous
"stars" in the Democrat Party? Their political
donations? The friction between the Administation
and the CIA, who are supposed to serve at the
pleasure of the President???

Yes..There are serious ramifications for those
that would attack the presidents abilty to
prosecute a war, durng a time of war.

[Brimack34]

Who Knows I thought Sandy Burgler was going to jail. Libby is somewhere between Martha Stewart and Sandy Burgler.

[Southack]

It's an "own goal" by Democrats and the news media against their own guy. Consider:

Prior to joining the current administration, Mr. Libby served as the Managing Partner of the Washington office of the international law firm of Dechert, Price & Rhoads. He was a member of the firm’s litigation department and chaired the Washington office’s Public Policy Practice Group.

OK, so who are Dechert, Price & Rhoads? Fair question.

The Dechert, Price & Rhoads firm is listed by OpenSecrets.org as being a Democratic Party (only) campaign donor:

DECHERT PRICE & RHOADS
PHILADELPHIA,PA 19103
9/29/1992
$3,000
New Jersey Gala '92

DECHERT PRICE & RHOADS
PHILADELPHIA,PA 19103
10/3/1991
$250
DNC/Non-Federal Corporate

DECHERT PRICE & RHOADS
PHILADELPHIA,PA 19103
2/22/1996
$1,000
DNC/Non-Federal Corporate

---

Contributions to the GOP: $0.00.

But wait, there's more. Scooter Libby was awarded the Department of Defense Distinguished Service Award and the Department of the Navy Distinguished Public Service Award in 1993...awards from the Clinton Administration.

Robert Novak called Scooter Libby "no partisan gunslinger."

Why? Because he was a Democrat working in GOP administrations. Scooter Libby was the go-to guy for the news media...he was their inside source at the White House...and now he's gone.

Good riddance.

[Howlin]

I agree.

Put them all under oath and see who lies first.

[PhiKapMom]

Onyx -- Read #13 -- looks like we were right!

[dsc]

""Mr. Russert said to me, did you know that Ambassador Wilson's wife, or his wife, works at the CIA? And I said, no, I don't know that. And then he said, yeah – yes, all the reporters know it. And I said, again, I don't know that. I just wanted to be clear that I wasn't confirming anything for him on this. And you know, I was struck by what he was saying in that he thought it was an important fact, but I didn't ask him anymore about it because I didn't want to be digging in on him, and he then moved on and finished the conversation, something like that."

"In truth and fact, as Libby well knew when he gave this testimony, it was false in that: a. Russert did not ask Libby if Libby knew that Wilson’s wife worked for the CIA, nor did he tell Libby that all the reporters knew it; and b. At the time of this conversation, Libby was well aware that Wilson’s wife worked at the CIA..."

So, in point a. Fitzgerald is taking the "he said -- he said" between Russert and Libby, and deciding to believe Russert. How does he know? Is there a recording? Or is he just saying, "Hey, if I believe Russert I have an indictment; if I don't believe him, I have nothing."

In point b., he accuses Libby of lying in the statement above because Libby was well aware that Wilson’s wife worked at the CIA. Funny, though, Libby didn't say in that testimony that he didn't know that Plame worked for the CIA. Libby testified that *he told Russert* that he didn't know. Is lying to a reporter a crime?

Looks to me like there's no substance there.

[Mike Darancette]

he said "classified". someone double check me.

Correct Fitzgerald avoided the term "covert" like the plague.

[PhiKapMom]

Read #13!

[claudiustg]

---In another place in the indictment, Fitzgerald states flatly that "Russert did not ask Libby if Libby knew that Wilson's wife worked for the CIA, nor did he tell Libby that all the reporters knew it." That sort of definitiveness has led the observers to suspect that Fitzgerald has some sort of evidence that clearly supports Russert's account of the conversation.---

This would have to be a witness or a recording. There is no evidence of a witness that I know of. Is a recording admissible?

[COEXERJ145]

"Classified" is NOT "covert.

Of course the media doesn't make a distinction.

Most likely she was in an analyst position of some kind working on classified materials. That makes her position "classified". A "covert" agent would be someone who is deployed overseas (most often to U.S. embassies) or has recently returned from overseas deployment. Plame had not been overseas in more than 5 years.