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Libby to Fitzgerald: If You Won't Name the CIA Leaker, I Will
National Review Online ^ | March 20, 2006 | Byron York

Posted on 03/20/2006 7:57:28 AM PST by Cboldt

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To: kellynla
He's spent over two years and millions "investigating" what any beat cop in America could have determined in 24 hours;
Valerie Plame was a desk jockey at CIA, nothing more, nothing less. And the only ones who didn't know she worked there didn't give a damn!

I got to wondering about that with an open mind. How the heck could Fitz have gone looking for a leaker without first proving or finding there was an actionable leak?

But here's Tenet prodding the DoJ to "get on the case," the President saying "this is a serious leak," etc. - as well as what I think is the assumption that CIA won't forward a referral that it is IMPOSSIBLE to get a conviction on. I blame Fitz more for naivety than for flubbing the obvious. He made a mistake at the indictment announcement presser where he made the leak into a big deal. He should have focused on lying to investigators as a deal, and left it at that.

Fitz is still dogging Miller to cough up her sources and connections relating to the Holy Land Foundation case.

21 posted on 03/20/2006 8:17:20 AM PST by Cboldt
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To: Blueflag
One can only ignore so many motions to compel before you end up in contempt or drop your case ...

So far, Fitz has been responsive. He doesn't necessarily give the defense what they want, but he's been arguing his case in writing before the Court.

This motion of Libby's will go through the same process - both sides have their say, then the judge issues a ruling and order. Judge Walton did that with the Presidential Daily Briefings (PDB) request of Libby.

There are a number of lines of argument in play ...

  1. Plame's "covert" status is an issue
  2. The grant of authority to Fitzgerald is defective
  3. The witnesses against Libby may have an axe to grind
  4. Access to PDB's is necessary to develop a "preoccupation defense"
  5. Reporter and news agency subpoenas

22 posted on 03/20/2006 8:21:17 AM PST by Cboldt
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To: dead

Fitzgerald is playing "Calvinball" (the rules keep changing as the game goes on). As far as he's concerned, nothing about the actual leak still matters...the only thing that matters now is Libby and Russert differed in what they said, therefore Libby was lying. All he needs to do is to assemble a jury of 12 Bush-hating Democrats and get them to find Libby guilty. Truth and justice are irrelevant.


23 posted on 03/20/2006 8:21:51 AM PST by Verginius Rufus
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To: Cboldt

I want to see the whole Wilson conspiracy finally exposed. I still believe since he went to Niger to "investigate" information most likely gather via "HUMINT" his disclosures were illegal. When Val was "outed" the rats ran with it.

Almost like the Dems discussing censuring Bush about the NSA program when they illegally leaked Top Secret SCI.


24 posted on 03/20/2006 8:23:01 AM PST by Wristpin ("The Yankees announce plan to buy every player in Baseball....")
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To: Cboldt

THIS is an outstanding article.


25 posted on 03/20/2006 8:23:17 AM PST by Lancey Howard
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To: Howlin

(( ping ))


26 posted on 03/20/2006 8:23:44 AM PST by Lancey Howard
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To: 1Old Pro

Is Libby paying for all this lawyering ?


27 posted on 03/20/2006 8:24:10 AM PST by Eric in the Ozarks (BTUs are my Beat.)
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To: Grampa Dave

Plame game....ping


28 posted on 03/20/2006 8:26:31 AM PST by BIGLOOK (Order of Battle: Sink or capture as Prize, MS Media)
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To: Verginius Rufus
All he needs to do is to assemble a jury of 12 Bush-hating Democrats and get them to find Libby guilty. Truth and justice are irrelevant.

No, he needs a judge that will allow him to keep all the evidence that destroys his case out of the courtroom.

I don't think he'll be able to do it. I think Libby's lawyers are going to eat him for lunch, and the case will dissolve before it ever gets to trial. It's all smoke.

29 posted on 03/20/2006 8:26:56 AM PST by dead (I've got my eye out for Mullah Omar.)
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To: Cboldt
hey these Independent Prosecutors are a joke...
they operate for years and years and years while raking in hundreds of thousands of dollars into their personal bank accounts while accounting to NO ONE!

Their stock answer to any inquiries "we're still investigating." yea right...

more taxpayers' dollars down the proverbial toilet!
30 posted on 03/20/2006 8:27:28 AM PST by kellynla (Freedom of speech makes it easier to spot the idiots. Semper Fi!)
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To: Cboldt

"Good strategy on Libby's part, to make the trial into a leak case."

Exactly, the charge is Libby didn't get his story straight about conversations with journalists some months prior. Sort of a memory test with the booby prize a felony conviction--way unfair!


31 posted on 03/20/2006 8:27:58 AM PST by RicocheT
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To: Cboldt

Responsive perhaps. Forthcoming, hardly. Helpful - not.

Kinda typical of a prosecutor who has a weak case.


32 posted on 03/20/2006 8:29:27 AM PST by Blueflag (Res ipsa loquitor)
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To: Cboldt
The Wreck of the Patrick Fitzgerald.

Words and music by Scooter Libby. From a true story about a D.C. trainwreck and the half-cocked engineer who failed to brake in time.

33 posted on 03/20/2006 8:34:59 AM PST by small voice in the wilderness (What if Jimi Hendrix had picked up an accordian instead)
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To: Cboldt

Sounds like the quotation imputed to Colin Powell matches pretty closely to Andrea Mitchell's statement that it was widely known in Washington that Valerie Plame worked at the CIA.

I wonder if Colin used the same phraseology in talking to journalists that he did in talking in the White House situation room.


34 posted on 03/20/2006 8:37:23 AM PST by Piranha
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To: Cboldt
The demand for discovery of information does not necessarily have to be admissible as long as it may have a tendency to lead to admissible evidence.

The documents sought by this motion are just as important to Mr. Libby’s defense. Here, we request documents concerning former Ambassador Joseph Wilson’s Case 1:05-cr-00394-RBW Document 68-1 Filed 03/17/2006 Page 5 of 39 2 trip to Niger, and his wife’s involvement with that trip, ie:2. All documents or communications reflecting any possible attempt or plan by any government official to punish or seek revenge against Mr. Wilson or Ms. Wilson. 3. All documents reflecting Mr. Wilson’s communications with officials at the State Department or other government agencies concerning his trip to Niger or the “sixteen words.”

The prosecution has an interest in continuing to overstate the significance of Ms. Wilson’s affiliation with the CIA. Doing so makes it easier to suggest that Mr. Libby would not have forgotten or confused his conversations concerning Ms. Wilson and has therefore intentionally lied. The defense has requested: 2. All documents or information concerning the identity of any government official outside the CIA who was aware prior to July 14, 2003 that Ms. Wilson worked for the CIA.

The defense's case:

Mr. Libby had no intent to lie because he did not believe that Ms. Wilson’s employment status was classified. Second, Mr. Libby was not part of a conspiracy to harm Mr. Wilson by disclosing his wife’s CIA affiliation and thus had no reason to cover up such involvement. Third, Mr. Libby did not believe anyone who worked closely with him had done anything wrong and thus had no motive to lie to protect anyone else.

35 posted on 03/20/2006 8:38:35 AM PST by street_lawyer (Conservative Defender of the Faith)
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To: Cboldt

David Barrett, has spent more than a decade and $21 million investigating Cisneros and he's still at it!
Ken Starr spent $47 million investigating the Clintons and Lawrence Walsh spent $48 million investigating the Reagan administration!!!


36 posted on 03/20/2006 8:39:09 AM PST by kellynla (Freedom of speech makes it easier to spot the idiots. Semper Fi!)
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To: 1Old Pro
This story is soooo old I could care less,.

Don't take this personally, but I am always amused by the fact that almost everyone who couldn't care less about something phrases it in the same terms as you did. Am I wrong to say that if a person cared nothing about something that the proper way of expressing it would be:

"I couldn't care less"?

37 posted on 03/20/2006 8:43:11 AM PST by street_lawyer (Conservative Defender of the Faith)
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To: kellynla

I think Fitzgerald may be guilty of prosecutorial misconduct. I believe Justice Dept guidelines say that the first step in such an investigation is determining whether any crime was committed. If there was no crime, there should have been no investigation. There appears to have been no crime, and Fitzgerald should have drawn that conclusion.


38 posted on 03/20/2006 8:44:54 AM PST by gogeo
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To: street_lawyer

'could care less', 'couldn't care less' - irregardless!


39 posted on 03/20/2006 8:46:01 AM PST by Revolting cat! ("In the end, nothing explains anything.")
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To: Cboldt
someone has already fingered Armitage, but naturally the press treats that information like it is highly classified. Perhaps not highly classified because the press seems to have no problem disclosing sensitive national security classifed information. Perhaps I should say they are withholding the information the same way that they may have withheld the truth about Clinton/Lewinsky.
40 posted on 03/20/2006 8:48:06 AM PST by street_lawyer (Conservative Defender of the Faith)
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