Libby Trial:The NBC Connection

By Clarice Feldman

The prosecution has rested in the Libby Trial, and like a fish left out in warm weather, a strange and unpleasant odor is becoming more and more apparent as the sun shines on case. NBC News, which has recently taken a turn to the left, plays a particularly prominent role in the prosecution's case. Yet Special Counsel Patrick Fitzgerald is fighting hard to make sure reporter Andrea Mitchell's testimony is not heard, and is asking the jury to buy some highly implausible notions about a key FBI interview with NBC's Washington Bureau Chief Tim Russert.

Gagging Mitchell

The prosecution is still trying hard to keep Andrea Mitchell from being called as a defense witness. In a pleading Friday, the defense is trying just as hard to get court permission to call her. The prosecution argues that the defense cannot call a witness just to impeach her, and the defense says that is not their only reason to call her, that she has other evidence to provide, and that a fair trial cannot be had without her being called and questioned by the defense.

In the period leading up to the disclosure of  her status in the Novak case, Mitchell published a series of leaks (clearly from Department of State sources and just as clearly part of the CIA-State Department interagency war) aimed at the CIA's intelligence gathering. Among the interesting points in her stories:

- On July 14, 2003, just as Novak's article hit the newsstands, Mitchell made clear she was having a spat with Armitage (the first to leak), indicating the he wasn't returning her phone calls any longer and that he had chosen an appearance on Fox instead of NBC.

- On October 3, 2003, the very day that Armitage made his secret admission to the FBI that he was Novak's source, Andrea Mitchell publicly said that everyone knew about Plame, something she twice has tried unpersuasively to  minimize once NBC became involved in this case and the knowledge of her boss, Tim Russert, became an issue.

(You would be hard pressed to find many regular Plame obsessives at Just One Minute who do not believe that Armitage leaked some details of the story to Mitchell as he did with Woodward and Novak.) 

The prosecution has offered up a representation by NBC counsel in effect saying that Mitchell has no evidence to offer the Court-that she did not know Plame's identity before July 14, 2003 and never conveyed that information to Russert.

Aside from the fact that it seems ridiculous to regard this offer as the equivalent of the opportunity to confront Mitchell in court, we must remember that this representation is being made by NBC counsel, which had previously submitted  a misleading and false affidavit from Russert, hiding his cooperation with the FBI, to Judge Hogan's court when the issue of reporter privilege came up. The same prosecutor now proclaiming Mitchell has nothing to add knew the Russert affidavit was false and did nothing to correct the record in that case.

I do not see how the trial court can deny the defense motion to call Andrea Mitchell as its witness.

The Eckenrode telephone interview

But the really eyebrow-raising aspect of NBC's and Russert's behavior seems to have whizzed right past the heads of most media observers: At the heart of the Russert testimony is an implausible scenario which suggests improprieties in obtaining his testimony and which raise questions about its veracity

Prior to Russert's appearance, the defense had sought all evidence relating to the accommodations the prosecution had made to obtain Russert's testimony. In the "Government's Memorandum in Opposition to Defendant's Request for Disclosure of Information Related to Accommodations Provided to Media Witness Tim Russert," Fitzgerald responded

"[FBI] notes taken during this interview [with Russert] have not been located, despite a diligent search."

This was a tiny detail many overlooked.

On the stand, Russert told a story so intrinsically implausible I had to review it twice before writing about it.

According to him, he was home on a Sunday when a man called and said that he was FBI agent Eckenrode, that he'd met Russert earlier when his church group had toured the NBC Washington headquarters. The man who identified himself as the agent then related to Russert what Libby had told the FBI about a conversation the two men had had on July 10 or 11 of that year. Russert said he gave his recollection of the statements to the man who'd identified himself as Eckenrode.

Defense counsel read to Russert Eckenrode's later written summary of the conversation - which suggested that Russert has been far less positive that he hadn't told Libby anything related to Wilson's wife. Russert claimed on the stand that he didn't recall the conversation as the summary described it. But, as the original notes by Eckenrode which contain more necessary detail "have not been located, despite a diligent search" not much more could be done to refresh Russert's recollection of that conversation.

Make no mistake: this Eckenrode conversation is at the very heart of the prosecution's Rube Goldberg case. For it is Libby's statement that he'd forgotten that Wilson's wife worked in counter proliferation and that something Russert said (in that conversation he initiated to complain of NBC's coverage of the Wilson flap) reminded him of it, which constitutes the basis of the perjury charge.

How likely is it that these Eckenrode notes (there is some indication that there were 2 conversations, not 1 between Eckenrode and Russert, but Russert recalls only one) of the Russert exchange(s) just vanished? Not very likely I think.

Anyone working in a disciplined law enforcement agency on a major case like this one surely keeps the original copies of such materials in a trial evidence file. Anyone working on a case like this makes numerous working copies of the evidence and never touches the originals until time to prepare for trial. We are thus to believe that someone took or misplaced the original and no copies exist.

JOM commenter Azagahl says 

I think it is naive to assume that Eckenrode was alone when he made the call to Russert. The Russert interview would have been equally important as the Libby interviews, and would have been tightly scripted--what to say, what to ask, what to avoid, etc., would all have been scripted during extensive discussions between agents and attorneys. I mean, do you really think Fitz whoever was supervising the investigation in the fall of 2003 told Eckenrode, hey Jack, sometime between now and when we close up shop give Russert a buzz and see whether he wants to talk about whatever? Eckenrode assuredly is not the only one who knows what Russert said because, even if the other person(s) present didn't catch everything that was said, there would have been lengthy rehashes immediately after the call terminated and probably contemporaneous note taking while he spoke. For example, Eckenrode could repeat what Russert said (OK, so what you said was...) and some other person(s) is/are scribbling away. But only Eckenrode's official notes would be preserved for the record--well, for a while, anyway.

But there are even more strains on our credulity.

Are we to believe that Tim Russert's home phone number is publicly available? I don't think it's likely he's in the White pages.

Are we to believe that he would take a call from one of the many tourists to the NBC offices and relate such information to someone who merely identified himself over the phone as an FBI agent? (Remember this information was the subject of Russert's affidavit detailing to the Hogan court why he would never give this information up to an investigation.)

An alternative hypothesis

I think this call was prearranged by the FBI and NBC. I do not believe the trial testimony.

Are we to believe that an FBI agent on his own called a public figure like Russert at home? I don't believe this trial testimony. I think Eckenrode cleared this with higher ups at the FBI who arranged this call. Keep in mind that this is Special Agent-In-Charge John C Eckenrode who played such  a pivotal role in the development of this high proifile case.

FBI agent Bond acknowledged that her notes of the Libby interviews are inaccurate and that the summary of the second interview prepared by her supervisor Eckenrode is substantially at odds with her notes.

She also said that while Libby said he "couldn't recall" a key conversation, for example, Eckenrode reported that Libby "adamantly denied "it occurred.

Eckenrode  appeared prominently at the Fitzgerald press conference announcing the indictment where Fizgerald praised him  effusively for his outstanding work in developing this case.

According  to Truth Out, a far left online publication which purported to have a great deal of inside information about the case (much of it laughably wrong): 

Details about the latest stage of the investigation began to take shape a few weeks ago when the lead FBI investigator on the leak case, John C. Eckenrode, retired from the agency and indicated to several colleagues that the investigation is about to wrap up with indictments handed up by the grand jury against Rove or Hadley or both officials, the sources said.

The Philadelphia-based Eckenrode is finished with his work on the case; however, he is expected to testify as a witness for the prosecution next year against I. Lewis "Scooter" Libby, Vice President Dick Cheney's former chief of staff who was indicted in October on five counts of perjury, obstruction of justice, and lying to investigators regarding his role in the leak. 

Eckenrode's retirement after the indictment but before the trial does not seem plausible either. This was the biggest case of his life. His bio indicates he was not subject to a mandatory retirement because of time in the service, and even if that were the case, given all the circumstances the FBI would surely have extended his employment as it normally does in such situations. He led the investigation (and there is some who believe that he persuaded Ashcroft to recuse himself from overseeing it and to turn it over to his Deputy Comey who appointed Fitzgerald).

And then after playing such a key role in a major case garnering a huge amount of media coverage he just vanishes? Color me very skeptical.

So the notes of the implausible Russert-Eckenrode conversation (or conversations) are missing; there are no copies; the summary of that exchange reflects that Russert did admit he may have told Libby something about Plame; the investigator who led the case through the indictment and took the missing notes is also gone.

I do not believe this story.

Clarice Feldman

http://www.americanthinker.com/blog/2007/02/libby_trial_the_nbc_connection.html

Comments

[Martin]

Clarice, you and TM really ought to back up your charges before you just spew them out there. Yesterday TM charged that Russert lied on the stand.

Now you're straight out charging Fitz with suborning perjury. Are you truly serious? You honestly believe Fitz committed a felony?

Would you be willing to swear out a complaint to that effect? What's holding you back? Aren't you a member of the D.C. Bar? Charge the guy already other than in a blog post!

Seriously, do you just carried away with ranting or do you actually believe this?

[clarice]

A reader who spotted this story reminds me that Bill Harlow who confirmed Plame's identity to Novak and who Cathy Martin says reported to her that reporters were calling him has since August 2004 been a consultant for among other organizations NBC news--He has appeared on Chris Matthews' Hardball.

[Rick Ballard]

Clarice,

A minor point which may need clarification. When did Eckenrode do the phone interview with Russert? I assume that it was after Libby's October FBI interviews and prior to his March gj appearances but did it occur prior to Fitz's appointment?

I believe that Eckenrode handed Fitz the whole train route and schedule upon Fitz's appointment as president of the railroad and that would require that Eckenrode had conducted the Russert interview on his own iniative - perhaps with a little DoJ "help" in the set up.

[Sara (Squiggler)]

Oh Martin give it up. This isn't an episode of"24" where everything gets cleared up in 45 minutes. Even if Clarice was to do as you suggest, I doubt she could even get the briefs prepared in one day. It is the weekend, you know.

Your boy Fitz is no big shakes, just another Peter Principle Prosecutor out to win at any cost -- truth or justice be damned.

[Sara (Squiggler)]

Oh Martin give it up. This isn't an episode of"24" where everything gets cleared up in 45 minutes. Even if Clarice was to do as you suggest, I doubt she could even get the briefs prepared in one day. It is the weekend, you know.

Your boy Fitz is no big shakes, just another Peter Principle Prosecutor out to win at any cost -- truth or justice be damned.

[Old Dad]

Clarice,

Here's a layman's take. The DC rumor mill had to churning at top speed that summer. Seems like Armitage was blabbing, and seems likey to me that Wilson had been big dogging it for some time. Surely the Plame rumor was out there. Whether anyone had nailed down the specifics before Novak went to press, who knows.

It seems perfectly plausible to me that Mitchell and lots of the DC press were in on at least the buzz.

Add a dash of faulty memory, sloppy reporting, faulty note taking, a pinch of CYA and you've got the silly mess playing out before us.

[capitano]

Now you're straight out charging Fitz with suborning perjury. Are you truly serious? You honestly believe Fitz committed a felony?

Fitz didn't have to "lose" the notes, just someone with access. Who was running the show locally when Fitz was spending time on other cases or back in Illinois?

[everson]

Clarice, I think you have found the string that could unravel Fitz's tangled web. It is very strange that the interview notes of of this very important conversation with Russert disappeared, very strange.

[Martin]

Sara Squiggler-this isn't a game. Libby, who might well be innocent, is facing real jail time if convicted.

If you really honestly believe a federal prosecutor is suborning perjury to convict the guy, you ought to do something about besides write a blog post.

That's why I think Clarice is basically not serious and/or mistaken.

Clarice knows what to do if she is serious.

[Seixon]

Might be worth remembering that many if not all of the leaks about the investigation came from law enforcement sources...

So if I've got this case straight now, Fitzgerald knew who leaked right away (Armitage), then proceeded to continue the investigation for 2 years even though he had already resolved who was responsible for Plame showing up in Novak's column. Then he failed to have many of the journalists involved interviewed at all, some of them were barely interviewed.

Now Tim Russert's interview with the FBI is "gone", and he's frantically trying to keep Andrea Mitchell out of the court room.

You know, it seems to me that Fitzgerald really got worked over by someone, possibly Eckenrode, or he's a really dishonest special prosecutor.

For the baseball analogy he gave of having dust thrown in his eyes by Libby, I think perhaps the disappearing Russert interview is a far better example of obstruction of justice.

Let's get Eckenrode on the stand so he can clear this up for us.

[Ranger]

Great job Clarice. I will just add my thoughts on the broader impact of this. All specualtion of course, but very reasonable speculation I think. From a prevous thread:

Well, the more I think about it the more this looks like a carefully constructed plot to get an indictment using Russert's testemony.

The FBI agent calls Russert and tells him Libby's side of the conversation and asked Russert if it is correct. A summary of his notes indicates that Russert initially thought the topic of Wilson and/or his wife might have been discussed.

Fitz then sets up a public show of Russert's resistence to help the investigation. This makes everyone, including the Grand Jury think that Russert does not want to "burn" his "source."

The SP and NBC counsel "work out a deal" on Russert's testemony which ensures that any questions about previous co-operation with the FBI is not mentioned. It looks to the Grand Jury that Russert has "reluctantly" given up Libby. No mention of previous memories that the topic of Wilson's Wife may have come up in the convesation with Libby.

A nice tidy package to get an indictment. And to make the whole thing work, the FBI notes of the initial interview "disappear."

I seriously doubt that the GJ would have indicted Libby on the Russert count if they had known that Tim's memory of the conversation was "helped along" by a discussion with the FBI before going into the deposition.

[Kazinski]

I'm coming in late to this, can someone tell me why Eckenrode isn't testifying, is it because neither the prosecution or the defense wanted him as a witness?

[Sara (Squiggler)]

Clarice has already done much besides write a blog post. She has written her letter of complaint to DOJ and I and many others have signed on to it. Granted there is a whole lot more fuel to add to her initial letter since the trial started and that can be added as an addendum to the complaint. This might surprise you Martin, but their are procedures and steps to follow within government/legal guidelines. For instance, you normally need a ruling in a lower court trial before you can run to the Appeals Court and you normally need an Appeals Court record before you take it to the Supremes.

It is the bureaucracy stupid! You want to get married, find the girl/guy, do the asking, get your blood tests, get your proper license, say your vows. Otherwise you are Howard K. Stern with only a commitment ceremony and no leg to stand on in a bitter custody fight or food fight over billions.

[clarice]

Thank you, Ranger..I think you're on to something.
Now, you are defense counsel. It seems to me that following up on whatever Fleischer told Gregeory, Gregory and/or Mitchell likely called Harlow for confirmation (as did Novak ..as did others per Harlow's conversation with Cathy Martin). Will a guy serving as an NBC consultant , a participant on Hardball (so biased against the administration) likely be a credible witness.

Let me don my Rick Ballard hat for a minute..Are you kidding?

[windansea]

If you really honestly believe a federal prosecutor is suborning perjury to convict the guy, you ought to do something about besides write a blog post.

gee Marty...do you think maybe Libby's lawyers might know about the missing notes and the implications of this?

maybe you should email them as you sound really concerned

[clarice]

Kazinski --so far only the prosecution has put on its case and they haven't called him. I do not have an idea whether the defense will.
The prosecution also didn't call Harlow. It also didn't interview Gregory as far as we know. As for Mitchell she, ahem, just got an FBI phone call she said.

[Sara (Squiggler)]

Do you think it is possible the reason Fitz is fighting Mitchell's appearance so hard is that the notes of her conversation with the FBI are also "missing?"

[Ranger]

Clarice,

I am under the impression that a Grand Jury has the right to ask questions of witnesses themselves and to ask for addisional material from the prosecutor before making a final judgement.

Do you think the Grand Jury members would have noticed if the prosecutor hadn't asked Russert who else he had talked to about this incident and possibly asked him themselves?

Also, if the Grand Jurors knew there had been an FBI interview, could they have requested the notes and reports relating to that before voting on an indictment?

[clarice]

It must be shocking to Martin--Imagine someone on the right fighting back hard against all the lies and distortions of the left for a change. Tut-tut , get used to it. I started out as a labor lawyer and understand Alinsky as well as Hillary does..though in my case I don't just make up shit.

[Ranger]

I'll also note that at least someone on the trial jury seems to be thinking the same way, since of the the juror questions of Russert was if he was given a script going into the deposition.

[clarice]

Ranger, I don't know. What I do know is that the defense was shrewd to ask for all the docs relating to the accommodation given Russert because it looks like some three card monte game from where I am sitting.
Now , it could all be as innocent as a lamb, but I just don't think so.

[sbw]

Can someone parse for me the difference between:

A) Armitage calling Grossman before Grossman's GJ testimony

B) Eckenrode telling Russert Libby's side of the phone conversation as opposed to asking what Russert believed it to be.

C) Illegal coaching a witness

[brassband]

I may be wrong, but I understood that the FBI required that any initial interviews of witnesses be done in person. At a minimum this would permit the agent to verify the identity of the interviewee, and vice versa.

Since we don't have the notes we don't really know what the SAC said to to Russert to confirm that he really was with the FBI. But, so much for source-protection by Russert. Anybody who calls him and claims to be FBI will get him to spill at least portions of conversations with the protected source.

And, oh yeah, the "unable to locate" problem doesn't really shock me or suggest misconduct. Only typical sloppiness (like conducting an initial interview over the phone).

My feeling about this is not that it's a grand conspiracy of prosecutorial misconduct, but that it was a stupid quest by Fitz to come up with something long after he should have declared that he knew who the leaker was and that there did not appear to be any crime.

[Nancy Reardon]

I am not a lawyer, but I am quite interested in the case, a big fan of JOM and I have followed these threads since the beginning of the trial. So, here's my layman's take: For the month or so prior to the publication of Novak's column, various govt officials (including Libby) and assorted media types were all buzzing about this story, but everyone had different bits of information, and no one had the whole story (except maybe Armitage). There was confusion about her name, her role in sending hubby (vs. the "low level CIA operatives"), CIA vs. State involvement etc. Then, sometime in the week prior to Novak's column, Libby has his phone calls w/ Mitchell and Russert, and one of them (I'm betting Mitchell, and that he conflated the two conversations) said something that snapped everything into place . . . whether it was the name, her actual role at the CIA, whatever. That's why he "heard it as though for the first time," because it was the first time it had all made sense. Remember too, if I'm not mistaken, that he had to keep track in his own mind to whom he could officially confirm her identity (regardless of his knowledge at that time of her role), versus the "I heard that too." Then all the subsequent CYA activity becomes highly specific and legalistic, because it makes Libby look like he did all this on his own, and none of the media types is on the hook for a leak. So, whaddya think?

[clarice]

Damned good, Nancy.Welcome aboard.

[Sara (Squiggler)]

Nancy -- I'm with you. I'm not sure what Russert said, but whatever it was, it gave Libby his V-8 moment.

[Jane]

Clarice -

You get a big huge WOW from me! The post falls apart a little for me with all the alternate scenero speculation, but I think the beginning, in particular, is a little reminiscent of Rathergate or a reverse Watergate. The left has long since practiced that a good offense if the best defense and this case is a perfect example of that.

The MSM needs to start addressing NBC with some seriousness. Your entry needs to get circulated widely. Congratulations of a really great piece!

[Sara (Squiggler)]

I have noticed that both reporters and their denials and even the defense always use the 14th in regard to the publication of Novak's article. Why? NBC had it on the advance wire and we know that 85 newsrooms had it on the advance wire. That was JULY 11th not the 14th. Anything that occurred or was talked about between the 11th and the 14th should be "fair game" and treated as if "everyone knows."

[CanuckObserver]

Sara, re Fitzgerald fighting to keep Mitchell off the stand.

Didn't Judge Walton make a remark (I seem to remember someone in an earlier thread taking note of this), that if Mitchell comes to the stand, he did not see how he could refuse defense access to her documentation, ie emails.
It made it sound as though there is something there that Fitzgerald might not like defense to see.

[clarice]

Thank you, Jane. Coming from you that is a high compliment and one that I treasure--makes the lack of sleep seem worthwhilte.

[Ranger]

Sara,

Add to that the fact that Wilson had been the main guest on MTP the previous week, and it becomes unlikely that an NBC staffer wouldn't pick up on the significance of Novak's column to the NBC brand and get it out to the principle of MTP. It becomese more and more dificult to accept Russerts "impossible to have known before the 14th" statement.

[brassband]

May be someone can clear this up . . .

As I understand it, the reason why the defense cannot call Mitchell is that she is not named as someone with whom Libby had contact, her public statement that "everyone knew" has been recanted, and Libby would therefore be calling her just to impeach the credibility of her recanted public statement . . .

Have I got that about right?

[cathyf]

Can someone parse for me ... Illegal coaching a witness

Well, you asked for a parsing ;-) It needs to be "Illegally coaching a witness" or "Illegal coaching of a witness"

(just yankin yer chain sbw...)

[windansea]

expanding on Nancy's post I was thinking along the same lines.

During the Eckenrode conversation, Russert was unsure if he had talked to Libby about wilson's wife. Eckenrode then told Russert that Libby was saying that Russert told him her name and CIA job. (Libby possibly conflating Russert with another reporter like Cooper) Russert, knowing he was sure he did not give the name, and knowing the legal implications, said that was impossible and revised his memory and began with his over parsed denials that continued into the trial.

Bsiscally he thought it's him or Libby, and since he didn't actually say the name felt okay about his denials.

[clarice]

Canuck--you're right. It's all in here.
Mitchell

[clarice]

yes, windandsea, I've always felt it was something like that and the NBC weasely statements so well documented by TM reinforce that belief.

Brassband, the prosecution claims that Libby wants to put her only on the stand to repeat that she didn't know and then hit her with her Oct 3 statement to impeach her "didn't know".

[Sara (Squiggler)]

CanuckObserver -- those were Andrea's so-called "illegible" notes and some emails. I think I have this right that they were deemed to be useless by the judge for any kind of discovery and then he made a rather dramatic change of heart. Clarice, at the time, was very suspicious and she can fill in the blanks. No one could figure out what so earthshaking had happened to have the judge reverse himself. Perhaps something about her FBI interview is the answer. I don't know.

[jainphx]

For a layman,all this looks like some one is finally catching up to the shadow government,and the belated attempt to stop its uncovering.The media in cahoots with the shadow cyphers that are against this or any administration they oppose.

[Jane]

Thank you, Jane. Coming from you that is a high compliment

That's only because I rival you in the typo department. In the writing department, I'm not even in the same stratasphere, never mind the same league.

I wish you would email it around to a lot of folks - blogs, media types etc. The NBC angle needs wide exposure.

[percipio]

Ranger,

I was intrigued with the following exchange in Russert's testimony: (from maine web report live-blog)

W: How did you book Wilson?
R: Producer saw the NY Times oped Saturday night, called Wilson at home and booked.

W: Is this common?
R: Don’t know, wasn’t there that night

Interesting that A) his first instinct is to distance himself, and B) he didn't answer the question.

[Rocco]

I bet those missing notes are in the same place they found the missing Niger Documents...Val's safe!

[Sara (Squiggler)]

Clarice, although it might not look like because of my sticky laptop keys, I'm actually a very good proofreader with some newspaper training in that occupation. If you get rich and famous and get your own byline, remember the little people. Please.

Just kidding. Agree with Jane, correct a few typos and then send it to everyone you can think of. But, start with Jim Angle at Fox.

[topsecretkk9]

Perp

W: Is this common?
R: Don’t know

Uh, yeah. Russert doesn't know how guests are booked. Riiiighht.

[Sara (Squiggler)]

I bet those missing notes are in the same place they found the missing Niger Documents...Val's safe!

ROFL@@@@@@@@@@@@@@@@@@@

[roanoke]

Sorry this is slightly off topic but at Find Law they have this indicing link that seems to advertise that they have the Libby transcripts-I click on the link and my browser or computer absolutely refuses to load it-

The link appears like this-right under the picture of John Dean-

NEWS HEADLINES

* Anna Nicle Left A Tangled Legal Web
- Her Noteworthy Litigation
* Defense Can Call Journalist In Libby Trial
- View The Trial Transcripts
* Man Freed by DNA Evidence to Get $3.9M

Here is a direct link to the page that supposedly contains the link to the transcripts-

Link

Can anyone get the link to load?

[brassband]

Ranger -- I read that same exchange where Russert said he didn't know whether it was "common" and had the same reaction. When I thought about it I wondered whether the transcription was accurate and/or whether Russert heard the question correctly. The cross-examiner did not follow up on the question, which leads me to believe that the defense did not consider it significant.

Also, Russert had been away on vacation when Wilson was booked and appeared on MTP, as I understand it.

[roanoke]

Cripes I meant enticing link...

[brassband]

Wilson/Mitchell question -- As I remember it, Wilson was the Ambassador (or acting Ambassador) to Iraq in the time leading up to the 1991 Gulf War.

Wilson was a "career dipolimat" and Mitchell has been covering State Dept. for NBC for many years . . . is it possible that she had a connection to Wilson going back that far?

Has anyone come across any Wilson/Mitchell reporting that pre-dates Wilson's op-ed?

[brassband]

Missing notes . . . check Sandy Berger's socks!!

[clarice]

As to the date of the FBI interview--I have no transcripts just FDL's summary (Russert One) and here's what it says:
" Conversation was in July 2003, right?

T: Yes.

W: First interview with FBI was four months later, right?

T: Right.

W: You have no notes of the conversation, right?

T: Right.

W: No contemporary documentation of the call, right?

T: Right.

W: You don't even recall if it was one or two calls, right?

T: I just remember one call.

W: Do you recall telling the FBI it might have been one, or two?

T: I just remember one call, no recollection of a second one.

(Wells shows Tim his FBI interview.)

T: I just remember one call, not the second.

W: You don't recall the date of the call.

T: Right.

W: Did you tell the FBI that you could not rule out absolutely that you talked about Wilson's wife?

T:

W: Did you tell FBI in November 2003 that you have many conversations and that it is hard to reconstruct one from several months ago?

T: I may have."

[Alcibiades]

To add to your analysis, Clarice.

You've already pointed out that Eckenrode distorted Libby's comment in his right up of the report:

She also said that while Libby said he "couldn't recall" a key conversation, for example, Eckenrode reported that Libby "adamantly denied "it occurred.

If this is his personal style, he may similarly have overstressed the information that Libby told him to Russert - in other words, he presented Russert with a version of events that were not, themselves correct, a version that Libby, himself, would not have recognized.

So that it is this version of events that Russert denies, because they are not correct, as Eckenrode reported them.

This is similar to what happened to Libby at the Grand Jury. He was presented with testimony of his version of events that did not correctly transmit what he said.

I think this must be part of standard procedure that ambiguities and nuances in speech are simply done away with.

Reminds of an incident when I went to report a break in to my house years ago - I had had a brief tussle with the guy who broke in before he fled, and the police asked me to review their books - I couldn't find anyone in them, and I tried to explain, he looked a bit like that one, etc. And the police took that as a confirmation that this was the one, etc.

[lurker]

Great job with the article, Clarice!

You have done a great job researching the facts and have the ability to prove that your articles are based on facts made available to you.

[clarice]

Thanks, lurker. Alciabides..I agree. I have said for a long time I think the FBI agents handling this case, lied to the WH witnesses to get them to rat on others..and I think that it very likely what happened with Russert.

That is to say, at the outset it isn't necessary to believe that he was deliberately lying--but rather that his weak recollection was "refreshed " by a false version of events and therefore he denied it it happened. OTOH given his affidavit song and dance and his treatment of Novak, a less charitable assessment is not out of the question.

[topsecretkk9]

--So that it is this version of events that Russert denies, because they are not correct, as Eckenrode reported them.---

I think this is entirely possible.

[Jane]

Roanoke,

I got the link to load. It's about Abramson not Mitchell. It's from Thurday. I can post it if you want.

[Jane]

Roanoke,

I got the link to load. It's about Abramson not Mitchell. It's from Thurday. I can post it if you want.

[windansea]

so...disappearance of Eckenrode notes

innocent or suspicious?

on suspicious side we have:

Russert saying they nay have talked about Wilson wife

Eckenrode coaching Russert

Fitz wanted cleaner denial (we should look at GJ transcripts to see how Fitz worded questions to Russert...may be some tells in there

[topsecretk9]

here is an FYI

Three high-profile reporters have testified for the prosecution and all have been grilled by the defense over their credibility and work standards. Expected to be called as early as Monday are Washington Post Assistant Managing Editor Bob Woodward, who was the first reporter to be told about Plame working at the CIA but who didn't write about it, and syndicated columnist Robert Novak, whose article prompted the leak investigation.

Other journalists who have been called to testify for the defense have fought the subpoenas. Judge Reggie Walton ruled against the New York Times, which was fighting to prevent two of its journalists, reporter David Sanger and Managing Editor Jill Abramson, from testifying.

Still in dispute is the subpoena for NBC News Chief Foreign Affairs Correspondent Andrea Mitchell.

http://edition.cnn.com/2007/POLITICS/02/09/libby.grand.jury/

[centralcal]

Excellent Clarice. This needs to get much more attention in the blogosphere.

[clarice]

Well, centralcal hit the send button. LOL

[Sara (Squiggler)]

Clarice: I really think you should change the title to one suggested in another thread to "The Dog Ate My Homework? and then subtitle it "Libby Trial: NBC Connection"

[clarice]

Thanks, ts--
windandsea--remember Russert didn't have to testify before the gj--he got the presidential treatment--a nice depo with his lawyers present in THEIR offices.

[clarice]

Too late, Sara it's in the ether.

[clarice]

What does anyone remember about David Sanger so I know what that's about should he appear on Mon or Tue when I'm blogging?

[Sara (Squiggler)]

David E. Sanger covers the White House for The New York Times and is one of the newspaper?s senior writers.

[clarice]

Jack Eckenrode believed that both Rove and Libby were being dishonest. He pushed the issue. Attorney General John Ashcroft was forced to recuse himself after what John Dean called "months of dillydallying" (Worse Than Watergate; page 173) because of Eckenrode’s investigation.

Isikoff & Corn note the two met at the Justice Department in late December 2003, and Jack gave him a briefing on the case. Jack gave Patrick a huge file on the case, and then drove him to the airport. The two discussed their plans for New Year’s Eve...On New Year’s Day, Fitzgerald called Eckenrode at home. He wanted to talk about those (files). Fitzgerald had read them all. Having mastered the most obscure details, he started questioning Eckenrode about the interviews. He tossed out ideas – brilliant ones, Eckenrode thought – for moving the case forward." (Hubris; pages 342-3)

[Curly Smith]

Press '1' for The Pumpkinhead

Does the NBC complaint desk have a menu option to directly connect the caller to the Bureau Chief?

Does Russert routinely man the complaint desk so it's just the luck of the call if a Grandmother calling about a cookie recipe gets an intern or the Big Dog?

Of course with Libby we have a highly placed government official calling Russert on his direct line to correct factual errors that were being reported on one of Russert's news shows and Russert says Libby is just a viewer and not a source.

Is it just a definition problem? At NBC do "sources" provide the lies while "viewers" correct the lies?

[roanoke]

Jane -

Thanks for checking it out. I was hoping to get the Russert testimony.

Dang it-that means my browser or computer is messed up!

Wow. Sometimes I feel like pitching this thing over the Hoover.

I'm off to pretend I'm not a Plame-o-holic for awhile.

[kate]

My search on Eckenrode revealed an Amherst connection. And guess who had kind words for Enkenrode, Mr., er, Ambassador Joe Wilson himself.

[sbw]

cathyf parsing parsing.

Hah!

[centralcal]

"...hit the send button."

I am, I am. What we need is a big megaphone, or several of them. One, I can think of isn't on the blogs, but on the airwaves. Anybody have an acquaintance with Rush Limbaugh? Because of my work schedule, I only occasionally hear snippets of his program now and then. How do we get him interested in this story? It has elements he likes: the drive-by liberal media, out of control prosecutors, missing evidence (i.e., notes), PMSNBC, etc. etc.

Does anyone know if he's a regular reader and/or fan of JOM? Should we all inundate his website? What to do, what to do?

[centralcal]

"...hit the send button."

I am, I am. What we need is a big megaphone, or several of them. One, I can think of isn't on the blogs, but on the airwaves. Anybody have an acquaintance with Rush Limbaugh? Because of my work schedule, I only occasionally hear snippets of his program now and then. How do we get him interested in this story? It has elements he likes: the drive-by liberal media, out of control prosecutors, missing evidence (i.e., notes), PMSNBC, etc. etc.

Does anyone know if he's a regular reader and/or fan of JOM? Should we all inundate his website? What to do, what to do?

[azaghal]

W: How did you book Wilson? R: Producer saw the NY Times oped Saturday night, called Wilson at home and booked.

W: Is this common?
R: Don’t know, wasn’t there that night

Uh, yeah. Russert doesn't know how guests are booked. Riiiighht.

I think several posters have misunderstood this to mean that Russert was saying that he didn't know how guests are booked. Actually, I think what he was saying is that he didn't know whether NBC employees commonly check the advance wires. Now what's so implausible about that?

Well, come to think about it, I'd imagine that any news organization that wants to be taken seriously makes sure that the advance wires are being constantly scanned, not just "common[ly]."

Beyond that, as brassband and others have noted, there are a whole string of "T: I don't recall" responses (or variations on that theme) that are simply not credible.

Between Andrea's "everyone knows" and Tim's "so that's what everyone was talking about" moment--a moment that could have come well before the Novak column offcially hit the presses if some little NBC newsie pointed it out to Tim--there is unquestionably something fishy about NBC's involvement here. Way to go, clarice!

[Alcibiades]

Is it just a definition problem? At NBC do "sources" provide the lies while "viewers" correct the lies?

Sources allow media to create the myth of journalistic privilege and distance themselves from the hoi polloi so they can feel - special.

Whereas complainants are people they can rat out - presumably for complaining in the first place.

[clarice]

Do youhave a cite to those kind words, kate?

[azaghal]

W: How did you book Wilson? R: Producer saw the NY Times oped Saturday night, called Wilson at home and booked.

W: Is this common?
R: Don’t know, wasn’t there that night

Uh, yeah. Russert doesn't know how guests are booked. Riiiighht.

I think several posters have misunderstood this to mean that Russert was saying that he didn't know how guests are booked. Actually, I think what he was saying is that he didn't know whether NBC employees commonly check the advance wires. Now what's so implausible about that?

Well, come to think about it, I'd imagine that any news organization that wants to be taken seriously makes sure that the advance wires are being constantly scanned, not just "common[ly]."

Beyond that, as brassband and others have noted, there are a whole string of "T: I don't recall" responses (or variations on that theme) that are simply not credible.

Between Andrea's "everyone knows" and Tim's "so that's what everyone was talking about" moment--a moment that could have come well before the Novak column offcially hit the presses if some little NBC newsie watching the wires pointed it out to Tim--there is unquestionably something fishy about NBC's involvement here. Way to go, clarice!

[Skip]

This is a very interesting series of events. The only problem I have with it is this old maxim:

Never attribute to malice what can be explained by incompetence, especially when dealing with the Government.

I do believe that if this had happened in the Starr investigation of the Clintons that it would have been front page news, above the fold for weeks, though.

[clarice]

azaghal, you gave me the courage to call the bluffers' hand.

[centralcal]

sorry for the double post!!! it was a pixel thingy.

[Rick Ballard]

Thanks for checking the date, Clarice. I finally found it in the same place you did - should have checked back earlier. So Fitz didn't coach Eckenrode prior to the call.

The sequence as I see it is:

Oct. - FBI interviews Libby, hears Russert story.

Nov. FBI - makes the mystery call to Russert, notes missing and no real testimony as to how Russert was induced to cough up on a "sacred source".

Dec 30 - It's Fitztime!

Feb 7 - Oh, by the way Comey - would you mind making a plenipotentiary grant of absolute power wrt the DoJ? Add a specific codicil concerning process crimes, OK.

"Yessir, Mr. Fitzgerald, anything else I can do?"

Mar - Wile E. Fitzgerald assembles the Acme All Purpose Perjury Trap and Libby falls in.

May - August - Negotiations with NBC/"Young Tim" about various considerations to be offered to His Highness in exchange for testimony. HRH "Young Tim" finally deigns to grant a short audience to Fitz with the proviso that he will receive him while seated upon his attorney's lap.

Oct - Fitz indicts on the basis of HRH "Young Tim's" twenty minute parrot performance.

Nov - The FBI remembers to lose the notes - and the FBI agent who took them.

Farce or tragedy?

[clarice]

skip:(per charlie of Colo quoting Goldfinger):"Once is happenstance; twice is coincidence; three times is enemy action! ...

[clarice]

Bravissimo, Rick:Plame for Dummies

[Alcibiades]

Nice one, Rick

[jerry]

O'Reilly's critique of NBC is so absurd it could only survive in the vacume that is Faux News.

NBC has daily hour long showw, even in prime time, hosted by Republicans and conservatives - Tucker Carlson and Joe Scarborough.

Does Faux have any liberal hosts, daily, in prime time? Yeah, laugh, the idea is inconceivable because everything about Fox is faux - expecially their Orwellian "fair and balanced" rallying cry.

And the vast false "Fair and Balanced" front that Fox creates is embraced by a viewership with as little interest in fair and balanced debate as their leader in the WH.

[Bob]

Great job clarice!

I hope you get your well deserve credit for bird dogging this one!

[Patton]

Wasn't it MSNBC that was claiming Libby had destroyed evidence...have they been pushing the story that it appears the prosecutor has destroyed a key piece of evidence??? (Russert interview notes)

I take it a 'diligent' search means that the notes had to have been destroyed for some reason.

Why didn't Echenrode testify? Isn't a report hearsay when he should have been available to testify as to the content of the discussion with Russert.

[Sara (Squiggler)]

I think several posters have misunderstood this to mean that Russert was saying that he didn't know how guests are booked.

Do we know if Russert has any say on who his guests are or does he come in cold? Who are these producers, how many, and who did they talk to?

If Russert has operational control over guests, would they book someone post haste for Andrea without running the reason by Russert first, vacation or not? Just asking?

[azaghal]

Very nice timeline, Rick; makes everything clear. What do you want to bet that one of those "brilliant ideas" that Fitz had immediately after reading the file--within only months of the investigation's initiation--was to go for process crimes? You have to give Fitz credit: he was a quick study. He knew within a day of reading the file that there was no "there" there. And so that's what this was all about.

Jack Eckenrode believed that both Rove and Libby were being dishonest. He pushed the issue. Attorney General John Ashcroft was forced to recuse himself after what John Dean called "months of dillydallying" (Worse Than Watergate; page 173) because of Eckenrode’s investigation.

Isikoff & Corn note the two met at the Justice Department in late December 2003, and Jack gave him a briefing on the case. Jack gave Patrick a huge file on the case, and then drove him to the airport. The two discussed their plans for New Year’s Eve...On New Year’s Day, Fitzgerald called Eckenrode at home. He wanted to talk about those (files). Fitzgerald had read them all. Having mastered the most obscure details, he started questioning Eckenrode about the interviews. He tossed out ideas – brilliant ones, Eckenrode thought – for moving the case forward." (Hubris; pages 342-3)

[KenS]

"Are we to believe that Tim Russert's home phone number is publicly available? I don't think it's likely he's in the White pages."

Well...actually it appears to be. I haven't called the number, but several online people searches do have a phone listed for a T R Russert, in the DC area. (Zillow shows the house value at $4M, so it is a reasonable possibility.)

But I would assume Tim has caller ID, and if it popped up "FBI AGENT", he might answer the call.

[Skip]

Clarice:

Yes, I could see that as two competing specializations of Occam's Razor. But given the choice between enemy action and gross incompetence by a government employee, it's a close call.

It's the same problem I've had all along with the idea that the CIA was at war with the White House. It's hard to believe that the same CIA that's screwed up so royally in the recent past could have nearly pulled off such a subtle operation.

[Patton]

"""Martin: Clarice, you and TM really ought to back up your charges before you just spew them out there."""

Ohhh, you said the same thing during the Rather National Guard fraud the Lamestream media tried to pull. Have you no shame?

You don't have to back-up Russerts very plain affadavit as opposed to Russerts testimony. All you need to is to be able to read and comprehend.

[azaghal]

Patton, Russert was available. The only reason to call Eckenrode now would be to impeach Russert's recollection, based on E's contemporaneous notes (Russert didn't make any).

[Jane]

You should post the number and we can all call it. I'm sure Tim would love to talk to us.

[centralcal]

lol. great idea, Jane!

[kate]

Clarice, the original article is archieved at the Philadelphia Inquirer. Here is the Amherst college paper quoting from that article:

The Amherst paper quoted Wilson as describing Eckenrode as "committed" "thoughtful" "thorough" and "extraordinarily discreet".

The discussion thread below quotes the College paper article.

The message is ready to be sent with the following file or link attachments:
Shortcut to: http://www.freerepublic.com/focus/f-news/1511844/posts

[Sara (Squiggler)]

Jerry: Both Tucker and Scarborough are at best RINOs. As far as Fox, you've got a rabid anti-military guy in Cavuto who is what I call a "captitalist democrat," unusual as most are socialists. The "fair and balanced" refers to guests not anchors. Try to find dissenting views on the other NBC

[PeterUK]

Martin,
It doesn't take much effort to dig up the numerous criminal cases where police have withheld evidence,extorted confessions and generally fiddled the books to get a result,are you saying that the prosecutor was unaware of this in every case?
BTW as a result of these miscarriages of justice,interviews are taped.It would seem to me that the only time a law enforcement officer would interview a high profile member of the media alone is for highly unusual reasons.
So yes if Fitz got a career boosting indictment handed to him on a plate,why not go along with it?

[boris]

1. Coach Russert;
2. Coach retires;
3. Lose Notes;
4. Authorize Process Crime.

That's 4. Occam's Razor says enemy action.

[clarice]

Yeah--we can say it's viewer complaints.

(I doubt that he picks up the phone even if it's his. But experiement with it KenS. Report back to us how it goes and we can all try it.)

Bet it's an answering machine in the billiard room.

[sbw]

we can all call it.

Leave that for FDL or DKOS.

[clarice]

Thanks. kate.

[windansea]

a nice depo with his lawyers present in THEIR offices.

is transcript available for this? (Russert depo)

I'd like to see how questions were worded

[Rick Ballard]

I wonder if the disappearance of the notes was a condition required to get HRH Young Tim's audience with Fitz?

Mitchell was mentioned numerous times during Libby's March gj appearance. Did he not mention her during his FBI interview in October? It seems that every journo mentioned by Libby was contacted (that's what the Sanger bit is about), did they somehow skip Andrea - or was she part of Tim's Very Special Super Deal?

How long is Walton going to let this farce continue?

[clarice]

Rick, sometimes you are too good for words. Like here:
"Mitchell was mentioned numerous times during Libby's March gj appearance. Did he not mention her during his FBI interview in October? It seems that every journo mentioned by Libby was contacted (that's what the Sanger bit is about), did they somehow skip Andrea - or was she part of Tim's Very Special Super Deal?"

Possibly not part of the special deal so much as a prime recipient of something from a "good leaker"-that is Wilson/Plame/Armitage/Powell or their deisngated players.

[ghostcat]

Suggested blog distribution list for maximum exposure: Power Line, Hugh Hewitt, Captain's Quarters, and (of course) Insty.

As for Limbaugh, he and Russert have been surprisingly friendly over the years.

[Patton]

Here's a fun thing:

Call Russerts number and tell whoever picks up that you are from Judge Hogans office.

[windansea]

and (of course) Insty

I just sent it to him

[Martin]

Clarice says Fitz has suborned perjury.

Do Wells and Jeffres agree with Clarice? Kinda odd they wouldn't bring it up that the prosecutor is committing felonies-if it was really the case-doncha' think?.

So does Clarice know more than Wells et al or vice versa?

[clarice]

Patton, I had no idea you were that evil..ghostcat, Rush loves me, too. It'll be a dilemma.

[Sara (Squiggler)]

Send it to O'Reilly, he is the one dogging NBC and his ratings are double all the others combined. And he is TV.

[Jane]

Kinda odd they wouldn't bring it up that the prosecutor is committing felonies-if it was really the case-doncha' think?.

Not the least bit odd Martin. My gawd you have a bug up your butt.

[clarice]

Martin, where did I say that? On the other hand it might be a good idea to wait until closing arguments to see what Wells says about the prosecution and the king of mtp.

[Patton]

Let's look at this from Fitz's perspective...WHY NOT HAVE ECKENRODE TESTIFY?
He doesn't have his notes, this was the first interview of Russert.

If Eckenrode gave him some reason why he shouldn't be put on the stand, did the notes have to disappear as well?
Given his other witnesses shaky memory and changes in testimony from their FBI interview to the GJ testimony, wouldn't have been great to show Russert told a consistent story in both cases??

[Tom Maguire]

I have not had a chance to read through the thread, but:

I mean, do you really think Fitz told Eckenrode, hey Jack, sometime between now and when we close up shop give Russert a buzz and see whether he wants to talk about whatever?

I am quite certain Fitzgerald did not tell him that, since Eckenrode called Russert in fall 2003 and Fitzgerald only got the case at New Years.

That said, I accept the larger point - there had to be some oversight of this call - just check the Novak example when he first met with the FBI - they asked about his conversations but did not press him for sources.

Martin:

Clarice, you and TM really ought to back up your charges before you just spew them out there. Yesterday TM charged that Russert lied on the stand.

Martin, why do I bother with caveats if youare going to ignore them? From Thursday's "spew":

Let me point out a few dots that the defense has introduced and make some predictions about how they will attempt to connect them.

...Please keep in mind - I am attempting to predict defense strategy, not ascertain "the truth".

...So, Fitzgerald kept quiet about Russert's problem, and now Russert is delivering payback with his still-helpful testimony. True? Who knows? Reasonable doubt? Make the call!

...As to the "truth" of the above scenario, who can say? But I do predict that the defense will insinuate something like this as a motive for Russert to stick with his story.

Should I not bother?

Oh, well - my next Russert-basher will even have a question mark in the headline, as a special Matt Cooper salute. Hope that helps.

[lurker]

The facts that are available to us prove that Fitz suborned perjury. You're just not reading and comprehending the facts as presented to you.

It's not part of their (Wells and Jeffrees) job to stake claims of perjuries performed by the witnesses on the stand. Their job is to defend Libby.

Clarice doesn't have to know more than Wells to understand and interpret the facts available to her. These facts lead her to reach the conclusion that Fitz suborned perjury of his witnesses.

[sbw]

Martin, I don't know firsthand, of course, but it would seem reasonable that some lackey in Wells' office pops in on JOM from time to time. Of course, that would be nothing special, one probably dons rubber gloves and lurks elsewhere.

You could deduce that probability yourself. Which is to suggest your snark is irrelevant. And the question undeserving an answer.

[Sara (Squiggler)]

Clarice says Fitz has suborned perjury.-- This is a bald-faced lie Martin. It is the NBC attorneys and Russert in front Judge Hogan, not Fitz. And I believe Clarice said it would be "contempt of court" not perjury.Clarice says Fitz has suborned perjury.

[lurker]

The facts that are available to us prove that Fitz suborned perjury. You're just not reading and comprehending the facts as presented to you.

Since Clarice just posted that she did not claim that Fitz suborned perjury, the point remains that his witnesses did not do well on the stand - "misremembering", "lie", "inability to recall", et al. None of the witnesses gave Fitz anything beyond reasonable doubt of Libby's charges to date and now Fitz rests.

[Alcibiades]

I just sent links to Hot Air, Instapundit, Powerline, LGF and Michelle Malkin. We'll see what happens.

[Carol Herman]

FM: CAROL HERMAN
TO: CLARICE

On Monday, what do you think would surprise you the most?

Walton agrees with Fitz, and Mitchell does not come in?

OR. Mitchell comes in and Fitzgerald moves to dismiss this case?

I know, if I can't make you laugh, I make you angry. And, there's more than one way to filet Monday, AFTER the horses are run.

But sometimes I think you're Nick The Greek.

Odds were his business. He didn't die in Vegas. He grew rich.

And, I am pre-supposing that the phones are ringing off the hook to Fitzgerald. That Russert wants the SHOW STOPPED. Do you know why? So he can get off the stage without breaking his other leg.

Au contraire sbw. The fact Wells pops in here proves how full of it