Libby Ordered To Jail, Soon

Judge Walton ruled that Libby is unlikely to prevail on appeal.  From Reuters:

Former vice presidential aide Lewis "Scooter" Libby must begin serving his 2 1/2-year prison sentence while he appeals his perjury conviction, a U.S. judge ruled on Thursday.

...

Libby will have to report to prison in six to eight weeks, unless his lawyers convince an appeals court to let him remain free.

Libby's lawyers said they would base the appeal on the contention that the special prosecutor, Patrick Fitzgerald, was improperly appointed.

They also plan to argue that U.S. District Judge Reggie Walton was wrong to exclude witnesses and classified material Libby had hoped to use in his defense.

Walton, however, said they were unlikely to prevail.

"I would have to conclude that although he doesn't pose a danger to the community and he doesn't pose a risk of flight ... there is not a likelihood of success," Walton said.

Firedoglake had liveblogging: 1, 2, 3, commentary.  This account of the CIPA issue (discussed yesterday)  is cryptic yet amusing:

Robbins (for Libby): ...The question here is whether these are close questions. I don’t think it can be debated that these are close, and I think we’ll win.

When someone does not have to report to anyone, does not have to follow DOJ procedures, sometimes things go wrong. Under section 6c2 under ______ the AG is allowed to object to disclosure of classified information, if disclosure would damage national security. Fitzgerald did submit such a report because he assumed plenary authority.

Walton: but the CIPA issues did not arise until later when Libby asked for material.

Robbins: But this is an example of how things go wrong when authority is too broadly delegated. [Reads the language of the act, congressional statute]. Authority to AG, DAG, AAG. These are the ones who can make these disclosures, and no one else.

Walton: Be that as it may, your client through his counsel did not submit his request to Mr. Fitzgerald, their CIPA request, not to others. This issue was not raised at the time. Was this issue waived?

Robbins: My understanding is this document was declassified and made public after the case. I was not part of the history of this case. But Lawrence Walsh was denied this authority in the past.

Walton: I think your co-counsel did not address this.

Jeffress: This affidavit was submitted in camera. It has recently under seal, and we obtained it pursuant to your ruling, we received it in May.

Walton: Your time is up.

So Fitzgerald signed an affidavit for which he lacked authority, suggesting he was either inadequately supervised or improperly appointed. 

The judge wonders why the defense didn't appeal this issue at the time.  To which the defense responds, well, it was filed exclusively with the judge under seal, so we only saw it in May.  And then time is up!

My question - which May do they mean?  JOM commenters were ruminating about this issue in December 2006.  OTOH, the motion to dismiss the indictment based on improper appointment was filed back in Feb 2006, so maybe the defense got this in May 2006.

OK, we have more CIPA discussion a bit later; here is a bit of it:

Walton: Do you think you were in full compline with what was envisioned by CIPA.

Fitzz: If someone had objected would could have gotten a second signature or could have made an application to close the courtroom. We are picking on the most minor violation.

Walton: There was a violation, so what is remedy.

Fitz: It was not a classified document and it would have been waived or we could have had any number of other signatures.

Walton: I assume suggestion by defendant is that you were given the authority by inference to handle CIPA matters even though it was not clear at the time that CIPA would be in play.

Fitz: They are misdescribing 6a as if it was 6c.

Fitz: AUSA’s handle CIPA material, so this notion that the alleged technical violation of CIPA was an issue of whether courtroom should be closed. These were issues that AUSA’a could have argued.

Walton: But if you signed something that you may arguably not have had the authorityto sign, does this go to you being a superior officer? One could infer you presumed such authority.

Fitz: If the defense thought this was an obvious error we could have dealt with it then. If there was a violation that I signed under one authority versus another authority, this is waiver and harmless error if it is error. We can’t turn around for filing on 6a and go through a whole trial and bring this out later.

Comments

[clarice]

I don't know Lawrence S. Robbins or Mark Stancil,Sara.
Anduril--Here's my thinking. No one who pays attention likes this procedure. This case is a perfect opportunity for the Scotus to so limit it that it will fade away like dunking stools.

[Other Tom]

I watched bits and pieces of Hume, but didn't catch the Paul Potts bit. So I'm tivo'ing it when it comes on again at 8 PDT.

What is our policy now? Do we respond to Looking (who, as I recall used to be something close to serious, but is now out there with the furthest Plutonians)? Hell, I've watched Paul Potts enough to be in a rather magnanimous mood, so here we go.

Looking, no one has adduced any evidence of criminal conduct by Cheney, and there is no imaginable evidence that Libby could give--at least, not within an imagination not dangerously fevered. (Making $50 million off the war, jiggering the intelligence--not crimes.)

As for Cheney making money off the war, it is a matter of abundant public record that the amount he made was zero, and that his financial interest in it was zero. All moneys due him, and being paid to him, by reason of his prior association with Halliburton are issued from funds segregated before he left the company. It is a matter of utter financial indifference to him if Halliburton were to go bankrupt.

As to the jiggering of the intelligence, see the bipartisan Robb-Silberman report. See, also, the Butler report. As to the inclusion of the sixteen words, see the various statements of George Tenet, which are authoritative.

You seem to be in a state of distress about all of this, which is of course a fine thing.

[Pal2Pal (Sara)]

This link gives some info on Fitz investigating the forgery.

[Pal2Pal (Sara)]

And this LINK says it never happened.

[Tom Maguire]

Sara, you are, hmm, two minutes ahead of me (or maybe an hour and two minutes? Time will tell...). And I put Laura Rozen miles ahead of UPI and the TruthOut crowd on this one. Darn, though. No Fitzgerald to Italy.

[Enlightened]

Sylvia - Sorry it doesn't matter who may have raped her or had sex with her - it was the three that were vilified, nor any other Duke LAX players.

Your still trying to excuse her accusing the wrong men.

There is no excuse.

[Maybeex]

Sara- am I crazy? For some reason, I thought you had moved to Orlando.

[topsecretk9]

Sara - thanks for that last link - I had a vague memory the Rome thing didn't happen and it was war and peice

So - since it appears this was the Jason Leopold/Joe Wilson dynamic duo of misinformation that pushed it

According to a court filing posted on the website of Patrick Fitzgerald, the special prosecutor investigating who leaked the name of undercover CIA agent to reporters, was interested in questioning New York Times reporter Judith Miller about the CIA agent or whether she discussed Iraq's alleged efforts to purchase uranium from Niger.

"On August 12 and August 20, 2004, grand jury subpoenas were issued to reporter Judith Miller and her employer, the New York Times, seeking documents and testimony related to "conversations between Miller and a specified government official occurring between on or about July 6, 2003 and on or about July 13, 2003, concerning Valerie Plame Wilson (whether referred to by name or by description) or concerning Iraqi efforts to obtain uranium." the filing made by Fitzgerald last year states.

While many public officials and the media have long believed that Fitzgerald was not only looking into the identity of administration officials that leaked Plame's name to reporters, this is the first time there is information there is confirmation the investigation had expanded to investigate the Niger forgeries.

Sources close to the case said Fitzgerald will empanel a new grand jury and pursue broader conspiracy charges against senior officials inside the Bush administration as well as other people who worked at the State Department, and the National Security Council. Fitzgerald is expected to make an official announcement of his intentions going forward Friday.

NATO sources told United Press International Monday that Fitzgerald's team of investigators has sought and obtained documentation on the forgeries from the Italian government.

According to the report, "Fitzgerald's team has been given the full, and as yet unpublished report of the Italian parliamentary inquiry into the affair, which started when an Italian journalist obtained documents that appeared to show officials of the government of Niger helping to supply the Iraqi regime of Saddam Hussein with Yellowcake uranium.

http://www.counterpunch.org/leopold10282005.html

[Enlightened]

That's it - I promise no more thread hijacking...

[Pal2Pal (Sara)]

This via Wizbang and way off topic, but so disgusting, I would like to go throttle those teachers myself:

Sixth-grader Matt Porter didn't enjoy getting "Most Likely Not To Have Children" and "Sir Clowns-a-Lot" awards from two teachers at his school.

His parents aren't pleased, either.

Matt said he received the awards in front of classmates during a ceremony at the Decatur Intermediate Learning Center at the end of the recently finished school year. His mother and his stepfather have asked the Decatur Township school system to reprimand the teachers, and they want an apology.

"Words cut deeper than any knife could. They hurt," said his stepfather, Joseph Sims. "When you hurt a child like that, you not only hurt him mentally, but it does hurt physically because you withdraw within yourself. That is what Matthew has done."

The certificates were signed by the teachers who distributed them. Matt recalled what the ceremony was like.

"I was standing in the middle of (the two teachers), and they (were) reading them off," he said. "Everyone was laughing."

Matt felt humiliated.

"They (were) putting us down and everything," he said. "That is not what their job is for, to put kids down. They are supposed to teach us."

[topsecretk9]

I had a vague memory the Rome thing didn't happen and it was war and peice--

OK - I even laughed at this -- War and PEACE blog

[Pal2Pal (Sara)]

Maybee, I am still moving to the Orlando area, just haven't done it yet. I'm staying with my son and d-i-l. My back went out again and I couldn't handle the long drive plus the Navy decided to declare me deceased and I just got that all straightened out this week and got my 3 month's of back retirement checks. We are now shooting for mid-July.

[PeterUK.]

TIME FOR A SONG.

"Hear ye, hear ye
The court's in session
The court's in session, now
Here comes the judge

Stop eatin' that fudge
Cause here comes the judge
Don't nobody buzz
Cause here comes the judge
Judge Shorty is presidin' today
And he don't take no stuff from nobody
No kind of way Hey boy, take off that hat
Where do you think you're at
I know where you gon' be
If you don't heed my plea
I'm here to tell you
Court's in session
Order in the court now
Court's in session
Can't nobody smoke now
Here comes the judge

Y'all here comes the judge
Order, order
What's the first case on the docket
Judge I got a boy here who can't dance
Can't dance? Ah
Ninety days, thirty days for boogaloo
Thirty days to learn how to shing-a-ling
And thirty more for the Afro twist
Can't dance, what is this
Court's in session everybody quiet now
Court's in session, here comes the judge
Here comes the judge

Is that the man?
No, your honor
Does he look like the man?
No, your Honor
Well, I'm sorry you got to go now
Ah ha you can't recognize the man
You got to stand guilty
Here comes the judge
Here comes the judge
Here comes the judge
Ah yes, here comes the judge
They caught him stompin' down the aisle
Yes here comes the judge
I'd rather be lost in the jungle of Brazil
Than to face the judge
This morning the way he feels
Here comes the judge
Here comes the judge boy".

[lurker9876]

So how quickly can the Libby Team file an emergency appeal with the Appellate Court?

[Jeff Dobbs]

TM:
Sara, you are, hmm, two minutes ahead of me (or maybe an hour and two minutes? Time will tell...). And I put Laura Rozen miles ahead of UPI and the TruthOut crowd on this one. Darn, though. No Fitzgerald to Italy.

Posted by: Tom Maguire | June 14, 2007 at 08:15 PM

Ahem.

Seven. Forty. Eight.

Twenty. Seven. Minutes.

A. Head.

[Maybeex]

The reports of your demise are greatly exaggerated, eh Sara? Good luck with everything.

Tops- are you saying you think Wilson and Leopold make stuff up? Noooooo!

[Pal2Pal (Sara)]

H&R, we cross-posted, but you were first and should get the credit. Besides, it is only 5:36 here so by that reckoning, I haven't even posted yet.

[Pal2Pal (Sara)]

The reports of your demise are greatly exaggerated, eh Sara? Good luck with everything.

Greatly exaggerated may be in the eye of the beholder. ::smile:: Proving you are still alive and kicking is no easy task where the government is concerned. In fact, it was a real pain in the a$$.

[Charlie (Colorado)]

OT, would you contact me please? You can use chas r martin AT gmail DOT com .

Thanks

[topsecretk9]

UPDATE III: Greg Sargent says The Politico got this one out of thin air: ...But we've just spoken with three of the prominent liberal bloggers who say they were on the call, and they all say they don't remember Reid saying anything like this. One flatly denies that he said it.

and here is supposedly what he said

Here’s exactly what Reid said: “I guess the president, uh, he’s gotten rid of Pace because he could not get him confirmed here in the Senate… Pace is also a yes-man for the president and I told him to his face, I laid it out to him last time he came to see me, I told him what an incompetent man I thought he was.”…

And then?

Senate Majority Leader Harry Reid confirmed Thursday that he told liberal bloggers last week that he thinks outgoing Joint Chiefs of Staff Chairman Peter Pace is "incompetent." Reid acknowledged similarly disparaging Army Gen. David Petraeus, head of Multinational Forces in Iraq.

But Reid, whose comments to bloggers first appeared in The Politico, also told reporters: "I think we should just drop it."

to which Captain responded

I'll bet he does. I'll bet Greg Sargent thinks so as well.

This is hilarious - read what big brave truth to power Reid said he said to Pace - uh huh. Reid recently claimed he spoke truth to power to Bush about the war and it turned out he was lying.

It's the cluster eff of lying...I bet Reid was full crap about what he said to Pace to his face AND the Liberal Bloggers were lying to Sargent because they town-housed it and now Reid comes out an admits he DID tell Liberal blogger this.

Perfect!

Politico should follow up by asking Pace if Reid said this to him.

Make it full circle.

http://www.captainsquartersblog.com/mt/archives/010236.php

[Jane]

As for Cheney making money off the war, it is a matter of abundant public record that the amount he made was zero

Compare that to the kajillions Feinstein made. I'm shocked Looking isn't complaining about that. Perhaps its okay to profit from the war if you oppose it.

Potts is the last 5 minutes of the news OT - after the panel in that fun little Britt segment.

[Charlie (Colorado)]

Besides, it is only 5:36 here so by that reckoning, I haven't even posted yet.

I'm sure it'll be terrific when you do get around to it, though.

[lurker9876]

How much money did Murtha and his kid brother make off these military contracts?

What about Pelosi?

[Pal2Pal (Sara)]

Another OT -- Fox reported today that a huge car bomb factory was raided today in the Baghdad area thanks to tips. This comes on the heels of a truck bomb factory discovered in Anbar recently. The car bomb factory had 4 or 5 cars wired and filled with explosives ready to hit the streets and 300 more in the works. Now tell me again how the surge isn't working.

[JM Hanes]

PUK:
TIME FOR A SONG, the Sequel:

I been in the right place
But it must have been the wrong time
I'd of said the right thing
But I must have used the wrong line
I been in the right trip
But I must have used the wrong car
My head was in a bad place
And I'm wondering what it's good for

I been the right place
But it must have been the wrong time
My head was in a place
But I'm having such a good time
I been running trying to get hung up in my mind
Got to give myself a little talking to this time

Just need a little brain salad surgery
Got to cure this insecurity
I been in the wrong place
But it must have been the right time
I been in the right place
But it must have been the wrong song
I been in the right vein
But it seems like the wrong arm
I been in the right world
But it seems wrong wrong wrong wrong wrong

[topsecretk9]

and Sargent wrote this today

In a Q and A with reporters today, Reid sidestepped questions about what he'd said about Pace, and outright denied that he thought Petraeus was incompetent, saying he held him in "high regard."

So, either Sargent was dead wrong or Reid was lying yet again (but really telling the truth - because he had not said to Pace's face what he told Liberal Bloggers) and I betcha Politico had it on tape and Reid had to come clean.

[JM Hanes]

h&r, you are now hit to me -- so much easier to type, and so obvious I don't know why I never tired it before. Plus, it seems to have a vaguely appropriate sort of sound.

This is from your TNR link. Not much there there but this from Ryan Liza at the White House Press Room after the Libby indictment was announced:

McClellan also gave the first indication of how Fitzgerald's own investigation may actually help Bush and the Republicans prevent the scandal from spinning out of control. Fitzgerald expressed no interest in the origin of the phony documents from Niger, and he hinted ever so slightly that an indictment of Rove is unlikely. If that is the case, the White House may use Fitzgerald's reputation for integrity and thoroughness to halt any further inquiries. When asked about the possibility that the justifications for the war would become part of Libby's trial, McClellan pointed to Fitzgerald's remarks that his investigation has nothing to do with the debate over Iraq. When asked about the possibility of a congressional investigation, McClellan insisted, "I think that those issues have already been addressed." If the special prosecutor's investigation is basically over and Congress remains unwilling to look into the broader matters raised by the case, Fitzgerald may prove to be the White House's best friend.

But then again, maybe we haven't heard everything from Fitzgerald. One intriguing possibility is that he has accepted guilty pleas from other officials but has kept them under seal. I asked Samborn, Fitzgerald's famously close-lipped spokesman if anyone in the case has pleaded guilty. He thought for a second and then told me that there is no "public record" of any guilty pleas. Hmm.

Oh what a difference a couple of years makes, eh?

[clarice]

Yeah.
Those guilty pleas must be in the same drawer as the sealed indictments and the FBI record of Eckenrode's first interview of Russert.

[Jeff Dobbs]

Sara:
Besides, it is only 5:36 here so by that reckoning, I haven't even posted yet.

Heh....

You know, I remember the good ol' days when comments were timestamped on pacific time here.

[VIMH:Good ol' days?]
Yeah, 'cause those were pre-typekey days as well.

[VIMH: Typekey a pain for you, eh?]
Actually, cross your fingers, knock on wood, big bribes under the table, etc etc etc, no.

But I am playing to the crowd.

[JM Hanes]

cathyf:

"Well, sure, I mean there are some really brilliant 1Ls out there, but they are all still a little green, so I wouldn't expect that even the smartest 1L could match the output of 12 distinguished lawyers with decades of experience thinking about the law. Right Reggie? That's what you meant, huh?"

I think Judge Reggie has made his opinion of "experts" pretty clear before, but darned if I can remember when or where. Maybe it's just déja vu, but then what do I know?

[Jeff Dobbs]

JMH:
h&r, you are now hit to me

Well, I considered calling you PMW from now on.

[Jeff Dobbs]

Professional Mud Wrestler

[JM Hanes]

So, lemming that I am, I wandered over the Paul Potts cliff too.

Ditto. Ditto.

Every once in awhile, one unassuming guy justs triumphs over all the sleaze and stuns the shallow speechless. It's a beautiful thing to watch! And he did it with one of my all time favortie arias to boot. Good choice. :)

[JM Hanes]

I was worried we were talking about Post-Modern Woman, although I suppose that would still be better than the Deconstructivist alternative.

[Jane]

My favorite aria too JMH...

[Rocco]

OT (AGAIN...sorry)

Has anyone seen this yet? Evidently Joe Wilson began working for Jarch Capital LLC, as Vice Chairman, in January of this year.

I noticed that at the bottom of that link, the corporate announcement was signed by Phil Heilberg, Chairmen Jarch Capital LLC so I googled Phil Heilberg and found this wedding announcement.

The wedding announcement states that Phillipe Heilberg "is the managing director of the Hong Kong office of AIG International Inc., the foreign exchange and metals trading unit of the American International Group, the insurance and financial services company."

In September 1999, The International Finance Corporation has invested in the largest equity fund ever established for investment in privately-owned infrastructure projects in Africa, the AIG African Infrastructure Fund (AIF).

American International Group, Inc. (AIG), the leading US-based international insurance organization, is the project sponsor and leading co-investor with a commitment of $75 million. As a sponsor of three existing infrastructure funds in emerging markets, AIG already plays a significant role in mobilizing private capital for investments dedicated to infrastructure. Other leading shareholders of AIF are Midroc, the company owned by international investor Sheikh Mohammed Al-Amoudi with $50 million; the African Development Bank with $50 million, Development Bank of Southern Africa with $25 million; and several other international investors and development agencies, including the European Investment Bank and Proparco, which is the private sector arm of Agence Française de Développement of France.

[BobS]

As no lib poster here..or Dem anywhere on the planet will think otherwise, GWB should just go ahead an use whatever powers he has...its too bad no one has any balls to call out Schumer

[JM Hanes]

Jane:

Eventually we're going to discover that we were pals in third grade too. Except that I was probably in third grade with your mother.

[Pal2Pal (Sara)]

Rocco: Has anyone seen this yet? Evidently Joe Wilson began working for Jarch Capital LLC, as Vice Chairman, in January of this year.

Oh what a tangled web we weave, When first we practice to deceive!

[narciso79]

Finally, got the hang of this typepad thing.
What' d I miss. Oh yes, The star chamber against Libby, the total legal illiteracy of
Judge Walton (surpassed only by the clerks
in Hamdi, Hamdan, Al Marri, & Kelo cases)
You can ignore Ex parte Merryman, Milligan,
Quirin, Eisentrager, et al; on what grounds' don' ask. With these facts, along with the 13% of American Muslims who think
being a 'shaheed' is great, Murtha's bill to repatriate Gitmo detainees to US brigs,
along with Putin's almost czarist ramblings,
sound a little too reminiscent of this last
season of '24.

Don't get me started on how an Canadian-Afghan national, fighting for the Taliban
killing an American serviceman cannot be
an 'alien unlawful enemy combatant. Another
poor innocent Gitmo captive, a former Saudi
army officer, who swore an oath to Al Queda
but 'not to kill Americans'(what was he there for; antiquing, archaelogy?) committed
suicide. Time making Luce do somesaults in
his grave, just about now, is dismissing the
JFK plot, no harm, no foul.

There's of course, Murray Waas's long awaited?? tome on the case, (No post there
Tom) which consists of long winded court transcripts, some annotated Mo Dowd columns, Libby's NDA (the newest thing since the August 6, PDB)did Armitage sign
his, I wonder. an email snippet that should have flagged Matt Cooper's role in the case, from the get go. Cooper by the way,
was an author of a particularly painful
'memoir' piece in the new Conde Naste business publications, that featured even
more nauseating Valerie Wilson 'Sydney Bristow' pictures. However, Waas's book
elides any documentation of Plame's NOC status (what Corn added to the deal)no documentation of inventory of Niger uranium from COGEMA, or anything that would have actually proved Wilson's truth claims. Don't get me started on that Eisner book, which is tendentious to the extreme (ie; did you know Pat Roberts, Intelligence Comm. chief was the son of fmr Ike era RNC chair Wes Roberts; you can dismiss the SSCI report now)or the Hewitt inquiries. Other arguments, because not all of the 500 tons of yellow cake, were misplaced, none were.(like those found at the Al Tuweitha reactor, at the end of combat operations there. There's an even less balanced tale
by Bonini, with introduction by Sydney 'I
co-edited a book with the original CIA
renegade Phillip Agee' Blumenthal, so that
will give you a flavor of the book. Interestingly, the yellowcake meme did find its way, of all places, in te latest Bourne
tome,as part of a successor organization to AQ (Al Dujja 'Darkness')nuclear plot. in the latest installment of Ludlum's Bourne series. Howard Hunt, from the grave, tries
his luck as a JFK conspiracy theories and
dumps on Rumsfeld and Goss for good measure.
That's world class historical chutzpah. Posada Carriles, the most dangerous man on earth after Rudolph, Bin Laden, & Dick Cheney, was freed after a wily judge discovered the translation that was key to the 'immigration/ coverup was flawed.

Of the only real life politico, caricatured
in a Martin Scorsese mob film, Harry Reid,
(portrayed by Tommy Smothers in 'Casino'
the less said, the better. One can one say,
Reid, and Murtha, vs. the best trained military counterinsurgency expert in a generation. Thats a tough call, let me think
a minute. . .Having done the best to delay
the implementation of the surge, he pulls this stunt. Ironic that the Vegas
congressman of all people, ahould relate to
the hot, arid, milieu of Baghdad more that others. That and RaLPH Nader, another American Wahhabi variant; who just happens to have visited Vegas; recently..

[RichatUF]

Has anyone seen this yet? Evidently Joe Wilson began working for Jarch Capital LLC, as Vice Chairman, in January of this year.

I did not know this. Doesn't surprise me though that he would be involved in a company that would make an announcment in Sudan.

[clarice]

Good catch, rocco. I'll pass it on to fedora who's been tracking this for ages.

[topsecretk9]

shareholders of AIF are Midroc, the company owned by international investor Sheikh Mohammed Al-Amoudi with $50 million

Same rotton terror sponsor?

[topsecretk9]

oops

Same rotton terror sponsor of Rock Creek fame?

[Rick Ballard]

Narcisco,

Nice riff. Now if we can just get a tape of Al-Amoudi and Prince Bandar discussing the differences in the lease agreements covering Jimmy Carter and Harry Reid...

[clarice]

Same.

[JM Hanes]

narcisco:

Thanks for dipping into the Waas, so we don't have to!

[topsecretk9]

Rocco -- this
might be of interest too

Dear All,

If I am not mistaken, Mr. Phil Heilberg is the same man who wrote the bitter and damming letter sometime back about a failed agreement he had in Nairobi with some SPLM leaders. If I recall well, he was so disappointed by the encounter that he said, in the letter addressed to "friends of Sudan", to be counted out in any further attempts to interest his company in investing in South Sudan. He said he would rather deal with Khartoum.

To be specific, Mr Heilberg accused the SPLM of being corrupt. However, the discussants were generally sceptical and suspicious of any companies trying to clinch contracts at the time the SPLM was still in the process of peace negotiations and no legal system yet established to regulate such deals.

Mr Heilberg registered as member of the Gurtong Discussion Board as soon as his letter was being discussed here by members, but he never contributed to the discussion though he logged on from time to time to follow the discussion.

This e.mail below, which appears to be from Phil Heilberg to Phil Heilberg, was forwarded to Gurtong by David Chan, presumably the same as the Dr. David de Chan, whose press releases about the role of SSDF, we are familiar with. I don't know what you make of his relationship, if any, with Phil Heilberg and company.
Sincerely,
Jacob.
----------

"David Chand" david_chand@hotmail.com
To: bdsilva@afr-sd.org kdejesus@yorku.ca; editor@gurtong.com;
phaygood1@aol.com; Jhecht@unitedspeaker.com
Sent: Tuesday, March 07, 2006 6:16 AM
Subject: FW:

Please read this and your reaction. Is this corruption or not? How could you sign out something that you do not control? All oil fields are in the SSDF controlled for years. They will continue to do so. we are about to Declare Independence on all SSDF controlled areas. We will not be associated neither to the corrupt SPLM/A nor the pro-Islamic regime in Khartoum. Take this point seriously. It is not a joke. It is real and it is coming sooner than expected.
David Chand

From: "Phil Heilberg" pheilberg@jarchcapital.com
To: "Phil Heilberg" pheilberg@jarchcapital.com
Date: Mon, 6 Mar 2006 11:04:50 -0500
JARCH CAPITAL, LLC
445 Park Avenue
9th Floor
New York, NY 10022
March 6, 2006

AN OPEN LETTER TO THE PEOPLE OF SOUTH SUDAN
Dear Ladies and Gentlemen:
In February 2003, the SPLM signed a contract with Jarch Capital, LLC and its
partners to explore and exploit oil in an area called Block B. In addition, this contract gave Jarch Capital, exclusive rights to all commodity contracts until 2009. Furthermore, the SPLM was required to contact Jarch Capital prior to any commodity deals.

Eighteen months after the signing of our agreement, the SPLM signed a contract with a public company called White Nile, Ltd. Jarch Capital considers the signing of this new deal a violation of the representations and warranties given by the SPLM and a violation of the agreement as a whole.

The following people were directly involved in the Jarch deal or were made aware of this deal prior to an agreement with White Nile, Ltd.- Dr John Garang (late leader of SPLM), Rebecca Garang (current Minister of Transport and Roads of GOSS), Dr. Riek Machar (Vice- President of the Government of South Sudan), Kuol Mangyang Juuk (current Minister of Transport GONU and board member of White Nile, Ltd.), Arthur Akuien Chol (current Minister of Finance and Economic Planning of GOSS), Dr. Lual A. Deng (State Minister of State for Finance of GONU and non-executive board member of White Nile, Ltd.), Steven Wondu (North-American representative). This contract was approved and we have supporting documents including pictures and emails to prove this.

Since the SPLM and now the GOSS have violated our agreement, Jarch is exploring legal options. It is our belief that the damages could exceed US$ 10 billion. Though it is heartbreaking to see the people of South Sudan continue to suffer, the leadership cannot be allowed to operate outside international law. Jarch will donate 10% of its proceeds of any legal action back to the people of South Sudan.

Sincerely,
Phil Heilberg
Chairman

[Rick Ballard]

Clarice,

I don't think they are exactly the same. Reid got a clause in about his personal services contract with Mephistopheles taking precedence in certain situations. The Saudis bought off on it because of coincidence of interest but there have been some disagreements about double payment.

[clarice]

Andy McCarthy blames the law, not the judge:
"Today's ruling was absolutely to be expected. The judge was not going to make a ruling implicitly suggesting that the trial over which he presided was error-ridden.

The interesting part starts now. Now that Judge Walton has officially entered his judgment of conviction (which technically happens when sentence is imposed) jurisdiction will transfer to the U.S. Court of Appeals for the Seventh Circuit. Thus, in very short order, Libby will file an expedited appeal challenging the Judge Walton's detention order on the ground that there are appellate issues on which he is likely to succeed. If he wins, it gets interesting because the appellate court would be signalling that it perceives some problem with the trial or sentence. If he loses, that will mean the denial of bail was no big deal because Libby's appeal is virtually certain to fail anyway.

That's where we're at. It's not about Judge Walton being a reasonable or unreasonable guy. It's about what the law says. I don't like the law. I doubt Scooter's appeal will go anyplace, but I think the Republic would be just fine if he could avoid jail until his appeals are exhausted. But that's not the way our system works anymore. I think it was better when we used to let judges be judges.

06/14 09:03 PM"

http://corner.nationalreview.com/

The Seventh Ciruit? I don't think so. But then I think he's all wet .

[clarice]

Very funny, Rick. Typepad is giving me super fits. "Same" was a response to ts.This Al-Amoudi is the guy from Rock Creek International..

[Rocco]

Sara...I love this quote by Jefferson, “I think it is in our interest to punish the first insult; because an insult unpunished is the parent of many others.”
Thomas Jefferson to Jon Jay, 1785.ME 5:95, Papers 8:427

Wilson cast the first insult!

Rich...I couldn't have said it better.

Clarice...fedora might be interested in this link too, it mentions the China National Petroleum Corporation (CNPC). I believe fedora mentions CNPC in his posts.

ts...Mima Nedelcovych is a former director of the African Development Bank. He traveled with Wilson and Alamoudi to Ethiopia in 99

[topsecretk9]

but of course--

Candidate or PAC Amount Date
Heilberg, Philippe
New York, NY 10028
Jarch Capital/Finance LIEBERMAN, JOSEPH I (D)
President
JOE LIEBERMAN FOR PRESIDENT INC $1,000
primary 01/12/04
HEILBERG, PHILIPPE M
NEW YORK, NY 10028
JARCH CAPITAL LLC SCHUMER, CHARLES E (D)
Senate - NY
FRIENDS OF SCHUMER $1,000
primary 05/08/03
HEILBERG, PHILIPPE M
NEW YORK, NY 10028
JARCH CAPITAL LLC SCHUMER, CHARLES E (D)
Senate - NY
FRIENDS OF SCHUMER $1,000
general 05/08/03
HEILBERG, PHILIPPE M
NEW YORK, NY 10028
HEILBERG CAPITAL MANAGEMENT SCHUMER, CHARLES E (D)
Senate - NY
FRIENDS OF SCHUMER $1,000
general 08/15/01
HEILBERG, PHILIPPE M
NEW YORK, NY 10028
HEILBERG CAPITAL MANAGEMENT SCHUMER, CHARLES E (D)
Senate - NY
FRIENDS OF SCHUMER $1,000
primary 04/16/01

[Pal2Pal (Sara)]

Speaking of quotations, Tammy Bruce had this one posted on her blog today. Too bad the politics of today has forgotten these words:

"We hear much of special interest groups. Our concern must be for a special interest group that has been too long neglected.

"It knows no sectional boundaries or ethnic and racial divisions, and it crosses political party lines. It is made up of men and women who raise our food, patrol our streets, man our mines and our factories, teach our children, keep our homes, and heal us when we are sick—professionals, industrialists, shopkeepers, clerks, cabbies, and truck drivers.

"They are, in short, 'We the people,' this breed called Americans." —Inaugural address, Jan. 20, 1981

[narciso79]

Another bit of irony, Ted Gup's latest book on the 'Culture of Secrecy' which spends half a chapter, bemoaning the covert status
of National Clandestine Services Chief, Jose
Rodriguez, a man already outed by American
Prospect's Boston Phoenix's and the Nation's
Jason Vest; without a subpoena from Fitz or
even a complaint by Scarry Johnson,
Cannistraro, et al. The reviewer for Commentary pointed this out. Than again, in a world where the former chief of base in Milan, can be outed so thoroughly that a bottom feeder like Cryptome's John Young
can give the family's contact information; nothing surprises me anymore. Although that
bit about Slow Joe Wilson, being part of a
company complicit in the Darfur genocide
with partners in the jihad disposed Yemeni Al Amoudi clan; is a close call. By the
way; its's Narciso.

[topsecretk9]

When now defunct independent Fusion Oil and Gas signed a deal with Western Sahara 's Polisario liberation movement -- which seeks independence from Morocco -- back in 2002, little did it know it was starting a trend in Africa . Since then, a raft of companies have signed up for acreage with secessionist movements in Sudan and Somalia , and the Polisario has even held a virtual licensing round for the future Saharawi Arab Democratic Republic (SADR). Moreover, as instability increases in oil rich or prospective places like Chad and Central African Republic, some adventurers could be counting on more deals.

Such players range from well-established independents like UK-listed Premier Oil to savvy political operators like Australian-South African Ophir Energy -- run by the former team at Fusion. They include companies launched as cash shells such as White Nile Ltd. (WNL) , as well as shadowy arms dealers calling in old debts from rebels. The deals often start with personal relationships, and the aim is to secure attractive assets cheap ahead of the herd, before selling out or farming in when political status is settled. But it's a long term gamble and the risks of ending up with nothing are high.

South Sudan has been overrun with suitors since WNL announced a deal with the Sudan People's Liberation Movement early in 2005 ( IPF Mar.'05,p8 ). The SPLM -- now running the autonomous Government of South Sudan (GoSS) -- allocated block Ba in south central Sudan to WNL in February last year, and part of adjoining block 5b to Moldova 's Ascom . It is now talking to various partners, including New York-based Jarch Capital and little known Edge Petroleum . UK-listed Equator Exploration has also been lobbying for acreage, while Braspetro , the upstream arm of Brazil 's state-controlled Petrobras , is reportedly interested in block D.

[OnTheThirdRail]

Whether a convicted defendant is entitled to bail pending appeal is controlled by Section 3143 of Title 18, U.S. Code. The statute contains a clear presumption that a convicted defendant who has received a jail sentence will be incarcerated pending appeal ("the judicial officer shall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal ... be detained") (emphasis added). The presumption in favor of incarceration may be overcome, as relevant in this case, only if the judge finds that "the appeal ... raises a substantial question of law or fact likely to result in (i) reversal, (ii) an order for a new trial, (iii) a sentence that does not include a term of imprisonment, or (iv) [a reduced sentence that would amount to less than the time it will take to prosecute the appeal]" (emphasis added).

Applying that statute, Judge Walton was required to deny bail pending appeal unless he thought Scooter's appeal was likely to succeed.

In reading Andrew McCarthy's blog entry I find it telling that he misses the boat by a mile. The statute doesn't say "required to deny bail pending appeal unless he thought [defendant] Scooter's appeal was likely to succeed" No where does it say the judge has to find it likely that the appeal would succeed only that it is a close question and "likely to result in (i) reversal..." meaning (as you all have been saying for a while now) that if the appeals court sided with the defendant that it would result in a reversal or a new trial.

So does he have poor reading comprehension skills or is he biased?

[Pal2Pal (Sara)]

Off to Jail [Mark R. Levin]

Andy writes, in part, "Applying that statute, Judge Walton was required to deny bail pending appeal unless he thought Scooter's appeal was likely to succeed. But, of course, if he thought there had been an error grievous enough to warrant reversal, he wouldn't have sentenced Scooter in the first place — he'd have set aside the jury verdict on his own and either acquitted him or ordered a new trial."

Of course, federal trial judges do not throw every convicted defendant in prison pending appeal. Why is that? Although they obviously believe they ruled properly on matters of law, they are willing to let other judges — judges who will hear the appeal anyway — review the challenged aspects of the case first, especially where you have a defendant who is neither dangerous nor a flight risk. Andy suggests Walton did not have that option. Clearly he did. The process isn't as clear-cut as suggested.
I believe the appointments-clause challenge is not frivolous, regardless of the ultimate outcome. Even Walton needed 31 pages to refute it. And his reliance on Morrison v. Olson seems misplaced for reasons I will argue in an amicus brief Landmark will likely be filing.

There are legitimate reasons to question Walton's judgment, in my view, including even his gratuitous comments about the law professors who had the audacity to file a brief in support of Libby. I have done my fair share of appellate work, and Walton's cheap shots would be worthy of at least a footnote in any appellate brief that I filed.

I don't mean to joust with my friend Andy, as we have throughout this case, but I am truly troubled by the prosecution and imprisonment of this man.

[Pal2Pal (Sara)]

The majesty of the law [Mark Steyn]

Andy, I'm happy to yield to your superior knowledge of the relevant statutes, but my problem with Judge Reggie is one of tone as much as anything else. Putting aside his complaints about "angry, harassing, mean-spirited " letters, which make him sound like a whiney twerp, and the cheesy populist pandering - "If that's going to be how we have to operate, our system is going to be in serious trouble with the average Joe on the street who thinks the system is unfair already" - let's consider his thoughtful response to a six-page brief from a dozen eminent constitutional jurists of diverse political dispositions (from Alan Dershowitz to Robert Bork).

"The submission was not something I would expect from a first-year law student," sneered Judge Reggie, sweeping it aside. No magistrate with a care for the reputation of the court would be so crude. Perhaps he's auditioning for Court TV or the Paris Hilton appeal, but, if he's all hemmed in by controlling statutes anyway, is it too much to ask a judge to be a bit more judicious?

[Other Tom]

Seventh Circuit? Is that a Freudian slip? The 7th covers Illinois, Indiana and Wisconsin. You're not in Kansas anymore, Andy, and neither is Fitz. And you're sure as hell not in Chicago.

[JM Hanes]

OTTR:

"So does he have poor reading comprehension skills or is he biased?"

Probably just been reading too much Fitzgerald.

[Rick Ballard]

Obviously neither Mark Levin nor Mark Steyn have attended a Fitzlaw "Chicago [No] Rules Prosecution" seminar while McCarthy, hailing from the cesspit of SDNY has never had the need.

Mark Levin makes the 13th Amigo, no? Yo espera habrá muchos más but Levin counts for a lot more than just one.

[topsecretk9]

Andy McCarthy, Mark Levin, Byron York--Somebody!--Help Me Out Here [Peter Robinson]

I’m with Mark Steyn on the deeply annoying superciliousness of Judge “Reggie” Walton, but, layman in all matters of the law that I most certainly am, I’m quite willing to defer to Andy on His Honor’s legal obligation to tell Libby to go to prison the moment the warden finds him a cell.

But there’s a big part of this I still don’t get: Judge Walton called the evidence against Libby “overwhelming.” This just doesn’t fit. Not with the courtoom reporting in the Times and here on NRO, where Byron York kept us all up to date. Any fair-minded person, I figured, would have to grant that, even if on balance it weighed against Libby, the evidence wasn’t “overwhelming” but mighty darned confusing—Libby’s memory against that of Tim Russert and others, as traced through pages and pages of testimony, about who said what during telephone calls that took place months and months ago.

“Overwhelming?” Either Judge Walton is a thorough stinker of a jurist or yours truly is missing something.

[birdseye]

I had hoped that the amicus brief by the famous 12 would ultimately be helpful to Libby, not in Walton's court but at the appellate level. I think many would have expected Walton to rule the way he did today, so it had no shock effect. And it is probably a good thing to move this case away from a Dimbulb Walton. I'm not on Libby's side because I think he is not guilty but because I see a needless and unfair prosecution, especially when the person who actually leaked is not hauled up and the prosecution is allowed to shift the goalpost during the game. I'm no longer hopeful Libby will escape jail based on the appointment argument since the collective wisdom and experience of 12 distinguished lawyers cannot even measure up to a first year law student, per Walton.

[clarice]

At the outset of the investigation when it appeared to most of us that it was "lame" in the words of Glenn Reynolds or myopic and so much so that it precluded a fair review of what had happened, McCarthy kept the right on the sidelines by vouching for the skill and fairness of his good friend and fellow SDNY prosecutor Fitz.

I'm glad to see soe at NRO aren't sitting still for his B.S> any longer.

[topsecretk9]

Has anyone seen this yet? Evidently Joe Wilson began working for Jarch Capital LLC, as Vice Chairman, in January of this year.

I did not know this. Doesn't surprise me though that he would be involved in a company that would make an announcment in Sudan.

Posted by: RichatUF | June 14, 2007 at 10:00 PM

WELL Rich -- it's funny you should say this...because the whole episode - in fact the basis of their Civil suit - is predicated in loss of income etc. - it harmed them so drastically, destitute and unemployable...yet the secret pressers touts his selection based on:

his views on American foreign policy and National Security are widely respected in Washington.

...In 2002, Wilson was asked by the U.S. government to investigate reports that Hussein was seeking to acquire uranium for the purpose of advancing Iraq’s nuclear program and reported back that there was no such basis for the claims. When the Bush administration misrepresented the facts on the uranium allegation, Wilson corrected the record in a New York Times opinion piece, the first to challenge the administration on the veracity of its justification for war. He is the author of the national bestseller The Politics of Truth, a recognized foreign policy expert who has appeared on NBC’s Meet the Press, CBS’s Face the Nation, ABC’s This Week with George Stephanopoulos, The Lehrer Report, CNN, Fox News and many international news programs.

Resume enhancer? Someone fax this to the Civil Judge.

[lurker9876]

Mark Levin makes the 13th Amigo, no? Yo espera habrá muchos más but Levin counts for a lot more than just one.

My gut feeling at this point is that there will be more amigos joining the now 13 Amigos.

Landmark filing another amici curaie brief?

Hopefully, means far more than 13 Amigos.

Wonder what Oren something and Eugene Volokh think of today's ruling?

[lurker9876]

While we wait for Libby Team to file with the Appellate Court, we wait for Bates' ruling....

[clarice]

Am I the only one?All the useful stuff that ordinarily sits to the right side of the web is now buried at the bottom.

[lurker9876]

I'm glad to see soe at NRO aren't sitting still for his B.S> any longer.

Me, too. Andy's embarrassing himself every type he writes about Fitz and the Libby case.

Wonder what Guiliani thinks....

Guess Bush is still waiting on the emergency appeal....hopefully, the appellate court will delay the jail time. At least, Bush could commute or respite Libby's sentence if the Appellate Court agrees to hear the case.

[lurker9876]

Clarice, keep refreshing and it'll straighten itself out. I had that problem yesterday.

[Rick Ballard]

"Am I the only one? All the useful stuff that ordinarily sits to the right side of the web is now buried at the bottom."

Yeah - with IE it's screwed.

It is possible that TM took Cathy's advice about dynamiting the center column to make long tags wrap on screen. Or something like that.

[topsecretk9]

Clarice
I notice when a useful item appears there seem to be hawk eyes in the waiting and at the ready to muck up the thread. I, myself, quite certain the Wilson "legal fund" has expenditures for this.

[topsecretk9]

Oh - you were talking about something else altogether...my comment still stands.

[topsecretk9]

LOVE IT --- Insty email comparing the Liberal Bloggers sudden lack of meaningful memory in the Reid bashing Pace etc. conference call...(that Reid admitted!)

ANOTHER UPDATE: Reader Stan Smith mocks them for their Scooter Libby stance: "And these folks can't even remember what someone said mere DAYS ago...."

Call Patrick Fitzgerald!

HEH!

[Pal2Pal (Sara)]

Volokh earlier today:

Maybe I’m missing the context, but this seems rather intemperate. I’ve read the motion, which is signed by leading constitutional law professors (Vikram Amar and our own Randy Barnett), leading criminal law commentator Alan Dershowitz, and Robert Bork, and which is signed as amici by the same people plus several other well-respected scholars. It’s well-reasoned and extremely competent; I’m not sure I’d agree with it, but it makes a thoughtful and plausible case for its position. There seems to me no cause at all for the judge to react this way.

I read thru the first comments many hours ago and was surprised at the lack of love for the amicus brief and for the amount of love for Fitz.

[JM Hanes]

I wouldn't even mind McCarthy's defense of Fitz if it didn't come wrapped in smarmy sermonizing like this on the prerequisites for bail pending appeal:

Our statutes, however, no longer leave [judges] to their own judgment. We're noticing that today — although we are blaming Walton rather than the statutes; and, if we were honest with ourselves, we know we'd be furious if we learned that a judge imperiously ignored the controlling statute in a typical case not involving someone we know and like.

McCarthy may have trouble being honest with himself, but thanks anyway, I'll do without the projection and what I don't think intends as an editorial "we." Just gag me with a spoon.

[RichatUF]

tsk9...

WELL Rich -- it's funny you should say this...because the whole episode - in fact the basis of their Civil suit - is predicated in loss of income etc. - it harmed them so drastically, destitute and unemployable...

Not to mention all that attention-she is supposed to be a secret. Even if her book is crap she could get paid if the CIA declines to allow her to publish-it might be easier to settle it out of court.

Also: re: the Fitz going to Niger, that looks like a VIPS op- a Vincent Cannistraro special.

And nice find that Heisberg is a pretty big Schumer supporter. Jarch Capital LLC, another black box to add to the mix probably a node between other front compaines.

And a quick idea: I have been thinking that a lot a people are researching the Wilson-Plame story from different angles. Has anyone thought of doing a closed group wiki-an invitation only collaboration? The information could be put on a secure server and it could have section editors, researchers, writers, etc...I'm not sure how something like that would proceed and with a group collobration "a tragedy of the commons affect" can take hold in the writing.

Something less prone to wikihijackers and trolls, a place where the disjointed aspects of the story can find a home [like Rocco's different findings], and a place where someone with some database and graphical talent [freetime and money] can make relational databases of the different aspects of the story [ie build something like a "JOE WILSON-space" that contains all the findings and build maps of how he relates to different places, groups, individuals].

Just a thought

RichatUF

[JM Hanes]

Sara:

In case you never got an answer to the timing question you were asking earlier, I suspect Jeralyn was talking about how long the actual, offical appeal would take, not a presumably speedy decision on whether Judge Walton's decision on denying bond will be reversed or left alone.

[Pal2Pal (Sara)]

RichatUF: I can create a Wiki on my blog using software builtin to Expression Engine, I don't know if other blog software has a similar feature. I haven't activated the feature since I didn't have anything I thought needed a Wiki. I just went to another blog that has activated the feature and it looks like it would be useful. But not as useful as a real database that could be searched with any combination of data. That would need some kind of form for input that would include fields for primary names and secondary names, places, companies, dates, links, etc. It would also need a large field where an entire article could be uploaded and attached to records within the database. The hard part is developing a comprehensive data entry form/vehicle that ends up being useful to the researcher.

[Pal2Pal (Sara)]

Thanks JMH, that makes perfect sense.

[topsecretk9]

Rich

Also: re: the Fitz going to Niger, that looks like a VIPS op- a Vincent Cannistraro special.

it does and please do not forget the Jason Leopold - Joe Wilson love connection . The dynamite duo masters of mis-information to "press" on this. Larry is a "TruthOut" contributor or board member or something too.

[topsecretk9]

Larry is a "TruthOut" contributor or board member or something too.

OOPS silly me - or honorary blowhard.

[clarice]

Kristof pastes the President for not pardoning Libby.
http://www.weeklystandard.com/Content/Public/Articles/000/000/013/749vayto.asp

[topsecretk9]

--Kristof pastes--

Clarice, You'll give us heart attacks all.

[RichatUF]

Sara...

But not as useful as a real database that could be searched with any combination of data. That would need some kind of form for input that would include fields for primary names and secondary names, places, companies, dates, links, etc. It would also need a large field where an entire article could be uploaded and attached to records within the database. The hard part is developing a comprehensive data entry form/vehicle that ends up being useful to the researcher.

That is my problem-I was looking at an i2 solution however that is a bit out of my price range, but it does include the graphical interface I'm looking for.

I suppose basic principles are what is needed and how deep would I want to go. I wanted to go with the database option because that could be built and researched in really creative ways. [The database part is not where I would be of much use]. Also I thought a "Joe Wilson" or "Plame" search engine [an entire universe of only Plame-would gravity be the same] would be a useful jumping off point for all the different angles. I was thinking the different aspects could be tasked to subject matter experts.

Thanks for your input

RichatUF

[clarice]

KristoL--good night my eyes are pasting shut..thanks for the catch, tx.

[Pal2Pal (Sara)]

Via Fox Online news: Reputed Klansman James Ford Seale is found guilty of kidnapping and conspiracy in the 1964 deaths of two black teenagers in southwest Mississippi.

[Pal2Pal (Sara)]

RichatUF: I can create data forms within Front Page, but they are more for entering data for things like meetings, or memberships, etc. What we need is software like I had when I worked for the Congressman that let us keep many different kinds of records, i.e., contributors, volunteers, and the various personal info attached to each like what fundraisers attended, comments, what jobs volunteered for, when, where, etc. Or the type I use for genealogy, which not only gives me several different ways to enter the info under headings like Birth, death, marriage, etc, but allows for notes attached to each field of entry and then will allow searching all forms, fields, or combinations and also compiles all the info in graph form or in a narrative form for printing or distribution. Unfortunately custom database software can be very expensive.

[MJW]

I was rereading Scalia's dissent in Morrison v. Olsen and was struck by the following comment, which could have been written with Fitz's investigation in mind:

The mini-Executive that is the independent counsel, however, operating in an area where so little is law and so much is discretion, is intentionally cut off from the unifying influence of the Justice Department, and from the perspective that multiple responsibilities provide. What would normally be regarded as a technical violation (there are no rules defining such things), may in his or her small world assume the proportions of an indictable offense. What would normally be regarded as an investigation that has reached the level of pursuing such picayune matters that it should be concluded, may to him or her be an investigation that ought to go on for another year. How frightening it must be to have your own independent counsel and staff appointed, with nothing else to do but to investigate you until investigation is no longer worthwhile -- with whether it is worthwhile not depending upon what such judgments usually hinge on, competing responsibilities. And to have that counsel and staff decide, with no basis for comparison, whether what you have done is bad enough, willful enough, and provable enough, to warrant an indictment. How admirable the constitutional system that provides the means to avoid such a distortion.

[Jane]

Morning everyone!

[Jeff Dobbs]

Clarice:
I'm glad to see soe at NRO aren't sitting still for his B.S> any longer.

Well.

I question the timing!

Please note that the NRO exchanges took place AFTER Sara called them out on their silence upthread.

Also, I was hoping someone from Bench Memos at NRO would weigh in on the constitutional issues especially regarding the appointment. Not the political stuff at all ... the legal stuff.

Sara, could you call them out next?

[Jeff Dobbs]

Good job on your AT piece, Clarice. No Bond for Libby

NRO put it in their "Web Briefing" compilation on the Corner...

You are surrounded by Gerard Baker in the London Times above and Byron York in The Hill below...

[Jeff Dobbs]

Morning everyone!

That it is!

And Frrrrriday!

[topsecretk9]

Boy it must just SUCK to be Greg Sergent in his hole with his big old shovel...

Okay, as we noted below, we've been trying to find out as much as possible about the conference call that Harry Reid held with liberal bloggers that's created so much noise today.

Now we've obtained a tape of the relevant chunk of the call. Reid did call Pace "incompetent," so The Politico story was factually right about that. But the context does raise questions about whether its placement and headline were overblown.

does raise questions about whether its placement and headline were overblown.

Please. My sides are aching from laughing so hard at this.

I'm sorry but this is delicious how the lefty bogs are forced to defend this because they got busted Townhousing it!

NOW it's ALLL Politico's fault for having been right and now the Lefties want to "context" it and defend it.

http://www.memeorandum.com/

[Paul]

McCarthy at NRO continues covering for his friend Fitzgerald this morning.

1) I've noticed that he *never* addresses issues against Fitzgerald. For McCarthy, Fitzgerald is always above reproach. It's much better to direct attention away from the real problem.

2) McCarthy ignorantly (or is it deceptively) equates being interested in Joe Wilson with being interested in Mrs. Joe Wilson. Thus McCarthy mischaracterizes the testimony in the same way the MSM has throughout.

3) Another laughable assertion is McCarthy painting the ultra-liberal, hate-Bush-and-Cheney, D.C. jury as sympathetic to Libby but helpless to clear him because after all, there was such overwhelming evidence.

The overwhelming evidence essentially was a slew of witnesses who sort of, kind of remembered, maybe. When all those witnesses were added together, their testimony was just *so* powerful.

[topsecretk9]

Paul

It's pretty telling on many levels that McCarthy does not make his email addy available for reader response.

[boris]

But if we learned that the matter was of great importance to you, that you had consulted six or seven people about wearing the red tie, and that you had even told someone, "Don't tell anyone that I was the one wearing the red tie," then that's pretty strong indication that when you told me you wore the blue tie, you were lying. Also, if you don't merely confuse details about an event that happened but positively invent something that didn't happen, it is a much harder sell that this indicates honest mistake — not impossible, but a harder sell.

See, all the evidence Fitz presented, depite MINOR FOIBLES is actually solid so Libby's claim that his discrepencies were also FOIBLES is so so clearly ridiculous!

No mention of course that the physical evidence supports Libby's story somewhat better than the Fitz version. Cooper's notes, the INR memo, and appearance of documented OVP interest only after the Wilson Op Ed.

How McCarthy inflates Harlow and Grenier into 6 or 7 consultations reveals McCarthy's understanding of the testimony is weak because he didn't bother to look past his buddy Fitz' descriptions of it, or else McCarthy's POV is inconsistent with the real world.

[boris]

the benefit of the doubt on the one count where the evidence was arguably equivocal

That Cooper's testimony supports the Fitz version, while his notes support Libby's version is arguably equivocal as evidence. WTF?

Unexpected evidence that shows up later in an "investigation" which supports Libby's supposed lie and should not even exist based on the Fitz version, is arguably equivocal in the same sense that an iceberg was arguably related to the sinking of the Titanic.

[Jane]

Reed Seligman is testifying live right now. It is failry amazing.