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October 30, 2005

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» Charting Robert Novak's Role in the Plame Case from Unpartisan.com Political News and Blog Aggregator
A grand jury investigation into the leak of the identity of CIA agent Valerie Plame has generated mu [Read More]

» Has Tim Russert Said Enough? from TalkLeft: The Politics of Crime
NBCs Tim Russert, mentioned in the Lewis Libby Indictment as having provided a different version of his July 10, 2003 conversation with Libby than Libby gave to the grand jury, is attracting a lot of media attention of his own.... [Read More]

» Has Tim Russert Said Enough? from TalkLeft: The Politics of Crime
NBCs Tim Russert, mentioned in the Lewis Libby Indictment as having provided a different version of his July 10, 2003 conversation with Libby than Libby gave to the grand jury, is attracting a lot of media attention of his own.... [Read More]

» LITTLE RUSS, TINY TIM RUSSERT from The Heretik
NBC'S TIM RUSSERT will go under the microscope in any examination of the PlameOut prosecution and Scooter Libby’s role in it. The Fourth Estate, occasionally still referred to nostalgically as the free press, will face the fifth degree in [Read More]

» Round One from The WB42 5:30 Report With Doug Krile
Your first collection of blogs about the SUPCO nomination and more. [Read More]

» Prosecuting With Russert? from SEIXON
The indictment against Libby doesn't seem to add up, with apparently contradictory evidence against him to use for charges of perjury and making false statements. [Read More]

Comments

RedDan

Sometime, TM, a cigar is just a cigar.

And sometimes a lying sneak who reveals secrets as a part of an orchestrated political hit-job is just that.

Lesley

Red, are you referring to Joe Wilson?

Toby Petzold

TM:

Will Andrea Mitchell and David Gregory be deposed, just to see whether they knew about Wilson's wife? Why not? And if they did, can they be called to testify?

Hmmm. Well, Libby's defense sounds like it might put the whole Government-Big Media Leak Culture on trial.

Somebody strike up "Twilight of the Gods"!

These people are going to finally get what they wanted: a news story about themselves.

RedDan

Lesley,

Was Joe Wilson indicted?

Errrr....no...he wasn't. Was Libby indicted? Why yes!

Were a whole host of top Admin. Officials, State Dept. Officials, and etc also mentioned in somewhat, shall we say, ominous terms in that indictment? Why Yes!

Was a mysterious "Official A" also mentioned in similarly ominous terms? And does that official apparently remain under investigation and in legal jeopardy? Why ... YES!

Is there any hint that Wilson or Plame are under any kind of investigation or cloud? Errrr...no.

In short, Lesley, continuing to try and claim that a) Plame was not covert or did not qualify for the protections afforded by the extremely high classification attached to her identity and job description; b) that Wilson or the CIA or the tooth fairy, rather than Libby and the others revealed that covert status to reporters; and c) that the CIA is to blame and is conducting some kind of covert war with the administration in cahoots with the Democratic Party....well, I think trying to continue to push those lines is simple insanity.

vnjagvet

From the law.com law dictionary:

"negative pregnant"
n. a denial of an allegation in which a person actually admits more than he/she denies by denying only a part of the alleged fact. Example: Plaintiff alleges Defendant "misused more than a hundred thousand dollars placed in his trust in 1994." Defendant denies the amount was more than a hundred thousand, and denies it was given to him in 1994. Thus, he did not deny the misuse, just the amount and the date.

TM's description of Russert's denial is a classic negative pregnant. In addition, the Libby indictment's description of the falsity of the Libby statements and testimony are also classic illustrations of negative pregnants.

More signs of the indictment's weakness which will be thoroughly explored in the coming weeks.

When Clarice gets a load of this, she will make mincemeat out of this case.

Red Dan: A clever comment, but you are not meeting TM's arguments with any substance. You will have to do better or you will be laughed off the thread.

topsecretk9

Lesley

See vnjagvet last item before tiring your fingers.

BurbankErnie

Why shouldn't Andrea Mitchell be involved in questioning? I think she should be under investigation for leaking the CIA referal document to the DOJ. Stephen Hayes is all over this in this article.

Here is the gist:
[snip]
"On Friday, September 26, 2003, NBC News reporter Andrea Mitchell and MSNBC's Alex Johnson broke a big story on the MSNBC website. "The CIA has asked the Justice Department to investigate allegations that the White House broke federal laws by revealing the identity of one of its undercover employees in retaliation against the woman's husband, a former ambassador who publicly criticized President Bush's since-discredited claim that Iraq had sought weapons-grade uranium from Africa, NBC News has learned."

Also:

"This report came after a lull in the narrative. Joseph Wilson, Plame's husband, had accused the Bush administration of disclosing his wife's identity to retaliate for his "truth-telling." He boasted in speeches that he would mount a campaign to get Karl Rove "frog-marched" out of the White House in handcuffs. And while many reporters in Washington may have been sympathetic to Wilson, few took his threat seriously.

That changed with the news from NBC that the CIA had referred the case to the Justice Department for investigation. Other news organizations scrambled to catch up. Over the next two weeks the New York Times would run nearly three dozen stories on the case, the Washington Post more than forty. News reports noted the close relationship between Attorney General John Ashcroft and the White House. Editorials called for Ashcroft to recuse himself. Prominent Democrats stepped up their calls for a special prosecutor."
[snip]

I suggest you read the whole thing.
Again I ask; why is Andrea Mitchell not being held for leaking classified information?
OK, I know it is rhetorical because it is used to assault a Republican Adminstration.
NBC is sure entwined with Wilson.

RedDan

vnjagvet,

My substance is based on hard documents and reams of testimony that is now public, including detailed timelines, names, dates, and subjects of discussion.

You refer to supposition, theory, and guesses about what Russert did or did not say in respect to a story that may or may not have been the reason for Libby's call to Russert.

So far, I got more than you.

And Russert has not been indicted...while Libby has, in fact, been indicted...apparently indicted even though he tried for a last-minute plea that was rejected by Fitzgerald.

My thought is that the "Russert Angle" is weak tea, and a desperate attempt to shift responsibility. My prediction is that anything Russert may have said, may have testified to, and may testify to in the future is going to be completely and totally overshadowed by 1) the executive privilege fight that is looming large, and 2) by the testimony of Fleischer, Martin, Matalin, Hannah, Hadley, and possibly Cheney...and if Cheneykah is really good this year, we get some Bolton/Wurmser/Fleitz surprises thrown into the mix.

clarice

Thanks for the compliment. I'm trying to figure the indictment out but to be honest, it is still a puzzlement..On one thing I agree with TM, it's down to Russert and I think that's a thin reed.I hope he hires DeGenova and Toensing not only because they are good but because as well they know the agency better than almost anyone not in it.

Anonymous Liberal

TM, I watched Meet the Press today and Russert's performance fully supported your theory. When discussing what he told Libby, Russert simply reread NBC's easily-parsed official statement from 2004. That was it. He went out of his way not to provide any more detail. Russert looked very uncomfortable. Why is he being so careful about what he says when both Miller and Cooper have been much more candid? It's all very strange.

Beto Ochoa

Wow. Just wow. Is this some sort of Rovian plot to pick apart the press and their CIA leaks in the courts? Just how many people will be deposed and how long will be the arm they use to investigate and subpoena everyone any of these reporters know?

Lesley

Hee hee, Top. Baiting someone to watch their head explode seems appropriate at Halloween - trick or treat, depending on one's point of view.

Apologies, Red. I shouldn't have done that.

Beto Ochoa

And the people those people know, and the people those people know and..........

topsecretk9

Can someone just tell me, upon watching tonight's broadcasts...could you smell the cologne through the TV?

Neo

Russert went to the grand jury under an agreement with Fitzgerald to limit the line of questioning.
Given that, in the event of a trial, Libby's lawyer won't be so accommodating, I can hear the chorus for a "shield law" beginning to warm-up.
With the potential motions for journalistic privilege and executive privilege, the pretrial in this case is going to be very long.

MJW

A question for Clarice and others with law degrees:

Now that Libby's been indicted, how much discovery power does he have? For example: Can he subpoena any emails between Russert and his boss at NBC regarding Libby's call to Russert? Can he subpoena Judith Miller's notes? Does he have access to the GJ testimony of Miller, Cooper, and Russert? Can he force them to to submit to depositions? I've heard criminal discovery isn't as broad as civil discovery, but I don't know how broad it is.

RedDan

Lesley,

You have low standards for head-explosion material.

topsecretk9

Man. It must be a sad day for David "Clairvoyant" Corn when he writes this in his blog headline...

"Fitz Offers Evidence He Had Reason To Believe Plame was Undercover"

earth to David...come in David.

owl

Resident TV watcher has been saying NBC/MSNBC. I think you are correct but also think he either has a tape and was baiting Libby or selective notes that support only his version. He's not ruffled. But the new campaign has shifted slightly....saw it today. The Coup are not a happy bunch w/Libby. It is full scale frontal Rove attack. Cooper is leading the charge.

MJW

Here's someething rather curious:

From an interview on July 24, 2005:
RUSSERT: There has to be an original source, somebody.
GREGORY: Yes.
TOTENBERG: Right.
RUSSERT: Even if it came from a reporter...
GREGORY: Right.
RUSSERT: ...the reporter got it from someplace.
TOTENBERG: Right. And...
RUSSERT: But I was asked what I said. I did not know.

From TM's Tivo'ed indictment coverage:
RUSSERT: Correct. And that was the extent of it. I immediately called the president of NBC News and shared the complaint, which is why it was memorable in my mind. But to the notion that I was somehow the recipient of the leak, which just wasn't the case, or that I had shared information, which I did not know.

The same mysterious floating "I did not know." What specifically didn't Russert know? I do not know.

jukeboxgrad

Burbank: "why is Andrea Mitchell not being held for leaking classified information"

It might have something to do with the fact that she is not a government employee who signed an SF-312 agreement where she promised to safeguard classified information. Incidentally, you could ask the same question about Novak. But now you know why you shouldn't.

You're obviously in need of some very basic education regarding the role of a free, independent press in safeguarding democracy. Then again, you might think the press should just be an offshoot of the government (a la Armstrong Williams and Jeff Gannon). I guess you miss the Soviet Union.

clarice: "it's down to Russert"

Perhaps, provided you ignore all the public servants (including the Vice President) who have essentially pegged Libby as a liar.

MJW: "What specifically didn't Russert know?"

Here's a guess: that Joe's wife worked for the CIA.

Cecil Turner

Perhaps, provided you ignore all the public servants (including the Vice President) who have essentially pegged Libby as a liar.

Only if you pretend Libby is claiming he first heard about Plame from Russert. Since he isn't . . .

Here's a guess: that Joe's wife worked for the CIA.

Seems to me it could just as easily be read as "I didn't know her name was 'Plame'"?

St. Fitz

Fitz is gonna get reamed in court. He has no idea that these reporters are going to be his worse nightmare. You are right that Miller and Cooper will do nothing but hurt the case with their testimony. Then it is down to Russert's word vs. Libby. Beyond a reasonable doubt? No, far from it.

The Justice Department will begin an investigation into the circumstances surrounding Joe's trip and Valarie's role. This is gonna be good!!!!

However, on the very slim chance Libby is found guilty on one of the counts (by the so-called "jury of his peers") or he cops a plea...no worry, pardon time!!! LOL!

Mary Jane

Who is this 'Scooter' character? Plus, who cares? We have a kick-ass hardcore conservative who will be nominated today for the SC and confirmed shortly. This new judge will make the Libs life hell for the next 35 years!!!! :)

dorf

IMO any e-mail, phone call, notes where Russert touched the Plame issue/Niger trip with ANYONE is discoverable. That will pull in alot of other reporters and other witnesses into the case.

Daddy

MJW, Great point: What did Tim Russert not know, and when did he not know it?

kim

What's in a name? A Plame by any other name can be discussed. But blame accrues to mention of Plame, so I will show the jury how BLAMELESS I am. That and my image will suffice to persuade.

What? That jury box is full of people who both stink and sense? Get that lens between me and them. More cologne, quick, I can smell them!
===========================================

JayDee

It's amusing to watch even an exacting mind like TM's leap to comfortable partisan conclusions. Matt Cooper's memory is weak...because his account differs from Rove's. Only in Partisan Pubby Land is it an assumption that the pigboy is the one telling the unvarnished truth.

What is Russert supposed to do? Libby decided to use him as a cover and he decided not to be a party to a crime. He still has a job to do, and is apparently trying to respect the due process of law by not blabbing about it too freely. One of the most useful things to come out of these proceedings is a window into the way this admin abused its press relationships in order to disseminate false information to the public. We've gotten other hints of this, as in their paid propagandizing of Armstrong Williams. But this is the first instance where it is all being revealed under oath.

What this story - and the reactions of the gooper faithful - reveals most of all is the sham of Republican "patriotism". It isn't the law they respect, it isn't our national security , it isn't the health and safety of our citizens - it's partisan political winning that matters to them - POWER. Let's be clear here. The goal of this group of bastards, when they ascended to one party power in our democracy, was to create a "permanent majority". Permanent. The very idea is antithetical to democracy. For all their phony blather about democracy, while they actively perverted it, their legacy may actually be to prove once again the power of democracy. Even with this crap press we've got today, even with all the rightwing partisan judicial activists they've stocked the court with, their crimes are being prosecuted, their lies are being unraveled. And their partisan sycophants are looking sillier and more foolishly hypocritical by the day.

kim

Yesterday you seemed to think a partisan CIA putsch was part of their patriotic duty. What gives?
==================================================

Syl

re official leak vs unofficial gossip. Do we have enough information to prove, without a doubt, that there couldn't have been unofficial gossip re wilson's wife without it having been seeded by an official leak somewhere?

What were Fitz's exact words on the matter of existing knowledge of mrs. wilson's employment by CIA? I can't find the exact wording, and damn, I saw the quote not an hour ago. But he essentially said the fact of her CIA employment was not known.

There was some question of a party attended by many reporters where the rumor was going around and Fitz wanted the guest list. We don't know what came of that. Perhaps nothing. The gossip of the gossip may not have born out.

That's one area, DC social circles. Also can anyone be found who would testify they heard Wilson himself talk about his CIA wife? Maybe that's just gossip too, and he may never have said such a thing. Or there's no way to prove it, so it can't be used.

Neighbors. Well they've been interviewed and we don't know who, how many, or what they all said.

Fitz may have come up empty on all of that (and be pretty pissed if he thought he was sent on a wild goose chase.)

But there is one area that Fitz could not check out. And Top is all over that. That's Kristof and Pincus.

Did either of them, through their conversations (and in one case dinner) with Wilson(s) learn that Valery was CIA?

And if so, did he/they tell anyone. And whom?

And here's where the name 'Valery Plame' becomes important. Has anyone seen anything to indicate that the actual name 'Valery Plame' was revealed in any of the discussions in the administration of mrs wilson being CIA? Did it indeed never appear? am I missing it? or is Fitz deliberately keeping that specific bit of information from us?

It shows up in Judy's notes. It shows up in Novak's article. Otherwise there is silence on that point.

Even Pincus/Kristoff may not have known 'Plame'.

As far as we know, only the CIA knew that fact and we haven't seen if/where they gave that info to anyone in the administration. Or anyone outside the administration either.

Remember the AP article with the 3 sneakies as sources? They brought up a good point when they spoke of WINPAC and how that could be a clue as to the origin of a leak that said she worked for WINPAC.

The same goes for 'Valery Plame' and the name may have no significance beyond that fact.

Fitz would have to trace the name through the conversations to find the source and track the spread.

But Fitz is not saying anything about that. Because it may be a name journalists could figure on their own, and Fitz can't ask them, or it could be a separate 'leak' and he either has discovered it and isn't saying...or he hasn't...or he isn't looking.

Russert may not have known 'Valery Plame' but if he didn't know about Wilson's wife at CIA at all that means he was out of the backchatter loop of reporters.

That would be embarrassing. Everyone knew but him. LOL

The restrictions on questioning of journalists by the DOJ looms so large in this case. Fitz, by law, is blind to conversations between journalists or between journalists and other sources concerning this matter. His knowledge is limited to certain journalists conversations with the administration officials he's specifically looking at.


Mary Jane

Sam "SCALITO" Alito it is for the SC!! Yes!!!!!!

kim

Always the fascism that is the fist within the feel good glove is revealed through the tatters in the logic.

Why don't you trust Iraqi emancipation and enfranchisement. Why don't you trust the enfanchisement of Muslim people in general in the democratic process. Why don't you convince real voters here?
=================================================

JayDee

Yesterday you seemed to think a partisan CIA putsch was part of their patriotic duty.

I didn't say that literally. I was trying to parse out the moral relativity of this whole situation, in which an unethical administration tries to create a false cassus belli. What is the role of patriots when a government is so false and dangerous to its own people? I don't endorse lawlessness ever. It would just be nice to ONCE see a conservative show some moral backbone and realize the can of worms that was opened by this war of choice doesn't lend itself to tidy judgments.

kim

Syl, I know my understanding is warped, but it seems obvious to me that Fitz is using this mechanism to get at the testimony of witnesses he can't reach.

MSM has a pituitary disorder. They are simply way too big for their britches. Bleaching by the blogosphere has weakened the seams and they are bursting, and Fitz is pulling their pants down around their knees. When they stumble all that bunched up material will protect their patellae.

But it won't keep them from being trampled by the pajama crowd.
===========================================

Syl

JayDee

Show that Cheney knew the name 'Valery Plame' and you all might be onto something. The name would be of no interest to him. That she was CIA, perhaps the division she worked in, and had a hand in sending Joe off on his glorious adventure, is what he would be interested in.

Would the CIA volunteer the name to him when it had no relevance?

kim

OK, I'll take back you so actively supporting a putsch. Why don't you understand that we have done a good thing in Afghanistan, Iraq, and even Indonesia(tsunami)? The terrorism in Iraq is becoming less popular as it is being increasingly revealed as nihilistic.

I will concede that we have risked alienating Islam. I think the advantages of self-determination for Muslim people will eventually overshadow that some of its origin was infidelic.

BTW, all three of the branches of the cult of Abraham have a long history of co-operation and sharing of culture in addition to the long history of conflict.
==============================================

Syl

Kim

"Syl, I know my understanding is warped, but it seems obvious to me that Fitz is using this mechanism to get at the testimony of witnesses he can't reach."

Whether on purpose or not, that will be the result.

Yes. Yes. Yes.

Syl

Kim

JayDee is under the impression that a jihadi roach motel in the middle of the Arab world is a bad thing.

I say better there than in Cleveland.

kim

Liberals have this whole thing bass ackwards. They cannot support, either intellectually or electorally, continued solidarity with Islamic extremism. It's not only nihilistic, it's self-destructive.

And I really hate to see so many of my friends destroy themselves.
==========================================

stevesturm

Maybe this is something, maybe not, but did anyone else wonder about Russert claiming to call the head of NBC News after his call with Libby? Given the hostile attitude of the media towards this administration, I suspect there's a lot of complaining going on. Does every reporter and editor at NBC call the News President each time someone in the Admin complains, or was there something unique about this particular call?

kim

You dam betcha. And I'll betcha it was news that the point had tripped the wire.

Evidence of the wire will explain the intent of the victims here. Peers peer, you know.
============================================

JM Hanes

TM -- I don't know if transcripts of Tim Russert's show (his own show, not Meet the Press) are available or not, but last night, he did a sit down with Pete Williams, Andrea Mitchell & David Gregory. He reiterated the basic story about his own unimportance, but what intrigued me was that he said he had been interviewed by the Fitzfolk in a lawyer's office for around 20 minutes. I'll have to go back and check my TiVo'd version, if time allows, to be sure, but while he was apparently under oath, it sounded like he didn't actually testify in front of the grand jury itself.

Whether that's relevant to your assessment of future performance, I don't know, but it would mean that the grand jury never had the opportunity to query him directly about the conversations in question. I would assume that they were aware of the nature of Libby's complaint, but on the other hand, it does occur to me to wonder precisely how the Russert angle was presented to them.

TM

I feel some plagiarism coming on.

Matt Cooper's memory is weak...because his account differs from Rove's. Only in Partisan Pubby Land is it an assumption that the pigboy is the one telling the unvarnished truth.

Someone ought to check the meaning of word's like "assumption". The very limited contemporaneous documentation in the public domain supports Rove over Cooper on the question of welfare reform (or did you not trouble yourself to check the evidecne by clickign the link?)

It's only in JBG-land that "evidence" becomes an "assumption" when it conflicts with the prefferred story line.

Dwilkers

"It's amusing to watch even an exacting mind like TM's leap to comfortable partisan conclusions. Matt Cooper's memory is weak...because his account differs from Rove's."

Actually, Cooper's memory is weak because he admitted as much in his own magazine. His memory had to be reinforced by Rove's testimony and contemporaneous notes and e-mail. Based on what he has said and reported there is little doubt that TM's assumption arguendo - that Cooper isn't the strongest witness about these events - is a fair argument. It isn't a "leap" or a "comforting conclusion" but is based on the facts as reported and is objectively valid based on what we know.

Unless prosecutors like to go into he-said/she-said type perjury trials with a key witness that openly admits and has published that he doesn't remember what happened.

But don't let that stop you. Today's contest is afoot.

kim

Why do you think Cooper's boss got fed up with it?
===============================================

Average Joe

Who's 'Scooby Liddy'?

Syl

TM

I don't even see why we have to worry about Cooper's memory. Any meaning behind 'I heard that too' is basically the same as what it appears Libby testified. He just used fewer words than he remembered.

MeTooThen

Kim,

Yes, the real issue here for many Fitzmas celebrants is their tacit or explicit acceptance or approval of Baathist/Islamist mass murder as a tool to disenfranchise the the Iraqi people.

Herein lies what will become, I believe, the Mother of All Cognitive Dissonance. It certainly hasn't happened yet, witness poor and feeble Harry Reid. Sad, this.

But the illiberal and dangerous support of the opposition in Iraq and Islamists elsewhere (in its many forms) will create electoral failure and worse nightmares for said supporters.

L'affaire Double-O-Plame was, and is, an attack on the POTUS.

Period.

As news of French and Russian UN perfidy continues apace, the Iraqi and Afghan armies grow in power, the revelations during the discovery of USA v Libby should prove to be enlightening as to how Joseph Charles Wilson IV was used by his CIA and press handlers to undermine a sitting President during wartime.

Just sayin'.

creepy dude

"The indictment of Lewis Libby pits the word of Mr. Libby against that of three reporters"

TM, contra your suggestion,I have read the indictment. If the above is really your understanding , I'm sorry but it is who you doesn't understand the indictment (you're hardly alone on the right btw).

These three reporters could all come in and say they actually lied to the GJ-and it wouldn't help Libby here.

Don't take my word for it though-just watch facts unfold.

cathyf
Mr. Russert told the Special Prosecutor that, at the time of that conversation, he did not know Ms. Plame's name or that she was a CIA operative and that he did not provide that information to Mr. Libby. Mr. Russert said that he first learned Ms. Plame's name and her role at the CIA when he read a column written by Robert Novak later that month.
Ahh, but did he tell Mr. Libby that Wilson's wife worked at the CIA?
Or, more intriguingly, did Russert tell Libby something along the lines of "Everybody knows Wilson's wife works for INR"?

I'm intrigued by this possibility -- as Cecil Turner pointed out a couple of threads ago when I was making cracks about the Bureau of Land Management, Bureau of Mines, and Census Bureau, the INR is a Dept of State organization, and its formal name includes the word "Bureau." Also somewhere (Vanity Fair article maybe?) the Wilson's are quoted as saying that in the spring of 2003 the CIA was working of transferring Valerie to State Dept cover.

Is it possible that both Miller and Russert told Libby the reportorial gossip, which was that she was a WMD analyst for INR not CIA? And that in the "game of telephone" that was going on, Novak only got the "WMD analyst got CIA to send husband," and Novak just assumed that meant she was CIA, which Hawley confirmed?

Are we at reasonable doubt yet?

cathy :-)

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