All the Vice President's He-Men

During a February 24, 2006 pretrial hearing, Judge Reggie Walton adjusted the scheduling for three important motions in the Scooter Libby case. He moved the date for Team Libby to file their Third Motion to Compel Discovery from March 3 to March 17 (Document 68-1); for Fitzgerald's Government's Response from March 20 to April 5 (Document 80); and Team Libby's Reply Memorandum from March 27 to April 12.

Fitzgerald's Response, which mentioned Libby's grand jury testimony linking President Bush and Vice President Cheney to the leaking of the pre-war National Intelligence Estimate, had created what Libby's attorneys call "an avalanche of media interest" in the case. Where many believed that having Libby's case scheduled for 2007 would keep it from impacting Washington politics, the pre-trial motions clearly showed the potential to do significant damage to both Bush and Cheney.

Hence, those interested in the case were interested in what the Libby Reply would hold. Though it is primarily in regard to CIPA (Classified Information Procedures Act) issues, dealing with what information Libby is entitled to to prepare his defense, the defense document and exhibits raise many interesting related issues. Let's start by looking at information about Bush and Cheney.

As noted, Team Libby takes note of Fitzgerald's mentioning the role of the president and vice president in leaking the NIE. "In other words," they write, "the government has effectively conceded that the case extends far beyond Mr. Libby..." As we will see, Libby will attempt to focus attention on people as far away from himself and Cheney as possible, even if it risks involving the president. "If the press stories surrounding the government's NIE disclosure illustrates anything, it is that thins case is factually complex and that the government's notion that it involves only Mr. Libby and the OVP is a fairy tale." (pages 2-3)

On pages 20-21, they note "that the President through the Vice President authorized the disclosure" of parts of the NIE. They note that Fitzgerald calls this "unique in (Mr. Libby's) recollection." They note this indicates "that the highest officials in the Executive Branch took unusual steps to counter Mr. Wilson's criticism..."

However, as evidence that Scooter and Cheney did not consider Ms. Wilson significant, they note that "...the Vice President's direction that Mr. Libby speak to the press, the rarity of 'on the record' statements by Mr. Libby -- has nothing whatsoever to do with Mr. Wilson's wife." (page 17)

True to Dick Cheney's endorsement of Scooter as a great and noble American hero, Team Libby is willing to help redirect Mr. Fitzgerald in his search for those who "could be 'characterized as reflecting a possible attempt or plan to discredit or punish Mr. Wilson or Ms. Wilson'." (page 10) Let's look at some people that Team Libby hints may be the true villains, rather than Dick Cheney and his trusty Scooter.

The first is former CIA Director George Tenet. Although Fitzgerald's Response stated that he had no plans to call Tenet, Team Libby calls him "a likely witness." As today's Washington Post article by R, Jeffery Smith notes, Libby expresses some suspicions of Tenet and the Agency: "...to the extent that Director Tenet was involved in the creation of the referral documents, or actively pushed the DOJ to investigate the disclosure of Ms. Wilson's identity, the referral documents would show that the bias against Mr. Libby reached the highest levels of the CIA and did not simply represent the complaints of lower-ranking employees." (page 24) That darned CIA was just looking to blame everything on St. Scooter.

Another White House official of interest to Team Libby is Karl Rove. In their Motion to Compel, they had stated Karl would be a "key witness" in Fitzgerald's case. In his response, Fitzgerald noted he had no plans to call Rove at Libby's trial. (see page 15 of Document 80) Team Libby responds by saying this "does not diminish his importance in this case," and again request discovery information as they may call him to testify. They note that "Rule 16 compels disclosure of such documents even if Mr. Rove remains a subject of a continuing grand jury investigation." (pages 15-16)

Team Libby also continues to be focused on both Marc Grossman and Ari Fleischer. They contend that Grossman may be prone to lying about conversations with Scooter regarding Plame, because of his loyalty to the State Department in general, and Dick Armitage specifically. (pages 12-13) But Fleischer gets even harsher treatment: they note that "...Mr. Fleischer may have learned about Ms. Wilson's identity from someone at the State Department or the CIA"; that they want to question him "about whether he saw the report on Air Force One, whether he recognized that it contained classified information, and whether he communicated its contents to anyone else"; and to explore the "likely ... key role" Ari played in "orchestrating and implementing the Administration's strategy for rebutting Mr. Wilson's claims."(pages 14-15) Other details regarding Fleischer were included in a sealed Declaration filed by defense attorney Teddy Wells yesterday.

They also are considering calling Joseph Wilson "as a hostile witness" and examine details of his trip to Niger and the role his wife may have played. They also want to be prepared to examine his findings as reported to the CIA, and to the media.

Team Libby notes that Fitzgerald "pretends that Mr. Wilson's wife was a part of the response Mr. Libby was instructed to make to Mr. Wilson's false claims..." (page 17) While this is nonsense -- Mr. Fitzgerald's documents do not state Libby was instructed to expose Plame, and Joseph Wilson's claims were anything but "false" -- Team Libby goes on to outline their need to show that it was others who expose Plame. "The defense intends to show the jury that the controversy over intelligence failures ... led certain officials within the White House, the State Department, and the CIA to point fingers at one another. This bureaucratic infighting provides necessary context ..." for the "administration's strategies for countering Mr. Wilson's Criticism." (pages 16 & 21)

In conclusion, it almost appears that Libby is inclined to be willing to tattle on others, including Fleischer and Rove. It is important to recall that he was close to making a deal with Fitzgerald before the October, 2005 indictments, but refused to accept an extended incarceration as part of the deal. Perhaps with his legal team making it clear that he will likely be convicted, and that the door is being closed on some of the issues for appeal, Scooter will reconsider his options. Because, in the end, they are correct in saying this isn't a "fairy tale."

because of the following,"In other words," they write, "the government has effectively conceded that the case extends far beyond Mr. Libby..." but it will only be if Walton makes further attempts to appeal proof the case.

Which I think is all to the good. This case is about OOJ and perjury yet they are insisting on making it about the leak and are willing to air all the dirty WH laundry. Further by challenging Tenet's credibility, calling Grossman a liar and point fingers at Rove and Fleischer they are putting down markers. I suspect if they are lucky enough to get more evidence it will come with side dishes of retaliation. Libby is nobody at this point and I don't think people are going to let him name call without fighting back.

process, bonus will be OVP and Oval Office.

appears to be that he thinks other folk are on trial in his case. They aren't. How frustrating for him, because he planned all his behaviors to protect himself against charges that he exposed Valerie Plame. And now that he is charged with perjury and obstruction, that same "fire wall" he put up has trapped his sorry behind. The "former aide on the Hill" has transformed into the Fool on the Hill:

"... nobody wants to know him,
they can see that he's just a fool
and he never gives an answer ....

...nobody ever hears him
or the sound he appears to make
and he never seems to notice ...


...nobody seems to like him,
they can tell what he wants to do
and he never shows his feelings...

He never listens to them,
he knows that their the fools.
They don't like him.
The fool on the hill sees the sun
going down
and the eyes in his head
see the world spinning round."

-- Fool on the Hill; Paul McCartney

would have to appreciate your post in a literary sort of way.

Check post #12 to see how right you were when you posted that. I had written it before reading this post. No one is listening to Libby now. He must feel so betrayed. As Abramoff does.

Fitzgerald did not do as Libby expected and charge him with leaking Valerie Plame's name. I think that was what Libby feared the most, and still seems to think this is what he has been charged with, because he knew that what he was doing was wrong when he did it, and has probably had nightmares over it.

of Beatles/Plame threads?

strange for them to continue to expose all this ~ unless Libby, before making a deal, is asking the WH for a pardon should he plead guilty. Neither Bush nor Cheney were very receptive to Libby's requests for help when the investigation began, according to Sydney Blumenthal's article yesterday:



After the launch of the federal investigation, Libby became frantic. He knew that he had leaked Valerie Plame Wilson's identity and that others had, too, and he wanted to be protected. Fitzgerald writes that "while the President was unaware of the role that the Vice President's Chief of Staff and National Security Adviser had in fact played in disclosing Ms. Wilson's CIA employment, defendant implored White House officials to have a public statement issued exonerating him." But there was no forthcoming statement. Libby implored Cheney "in having his name cleared." But Cheney did nothing for his henchman. In a White House that demands impeccable loyalty, loyalty was not being returned.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=103x203408

Is it possible that the WH is still refusing to help him and Libby and his Lawyers are letting them see why allowing this trial go forward will be very damaging to them, maybe more damaging than pardoning him? Just a theory, but after reading H2O Man's essay on Watergate, the thought occurred to me that this might be a possibilty.

This was regarding post #2 in which you (Me) mentioned that Libby might be planning to make a deal.

Do this for me or else. That right wing fly swatter DiGenova was out over the weekend talking about a pardon for Libby.

If the lawyers are saying to him that he should make a deal, why all this? Is it a last ditch appeal for someone, anyone, at the WH to help/bail him out. If that's the strategy, put a fork in him.

:spank:

He can't look to make a deal, and to get a pardon. The White House knows he came close to making a plea. The chances of him doing so are known to them. But they (especially Rove & George) have to view that as a potential threat to them -- just as Nixon et al did Hunt's saying he would sing, as we saw in my ode to Watergate a couple days ago.

Think of the dynamics: Libby can't threaten Mr. Fitzgerald. He can either deal on Fitzgerald's terms, or pay a heavy consequence. He can threaten the administration with a possible plea, but he isn't going to get a deal from them.

You will remember that in the past two years, many intelligent and insightful DUers have said Bush will pardon Libby. I've said all along that it is a possibility, but that there was a reason Bush can not afford to do that -- other than as a desperate last attempt. There has been a reason why. In his Response, Mr. Fitzgerald laid that reason out: Bush has involvement here. Ha!

betcha Bush wishes he could pardon himself, I hope that he is not reading these threads cause it might make him and the GOP change the laws or something.

What a pickle

K&R

Thank you H2O Man.

"it almost appears that Libby is inclined to be willing to tattle on others"

This confirms my suspicion about the nature of Libby's testimony. While it serves his own
interests, he lays out a picture that is absolutely devastating to * and Cheney. The "correction"
offered by Fitzgerald led LeftCoaster to say that the case actually worsens. The correction,
he argues, implies that of the materials * declassified, he selectively leaked only that which
served his interest. This associates declassification with acts that work against the national interest-
drawing us into a war based-on false premises.

I'm sticking with my original theory which is that we are seeing a civil war within "management", the
nations 'leet power structure. Fitzgerald is not part of this but his tenaciousness and predictable
behavior as a prosecutor made is selection almost vital to the eviction of * and the neocon
interlopers.

Great post. Recommended.

out of how the administration thought if this case was put back to '07, they would escape damage.

powerful the truth can be. All their lives, these people relied on lies and deceptiong to get what they wanted. Fitzgerald's whole life has been dedicated to seeking the truth. If he prevails, and so far he's doing great, imo, it should be a lesson to point to when making the case that it is always better to tell the truth, because while it's hard to control lies, the truth never changes.

How * had the NIE leaked to NYT prior to the war, the total lack of honesty in his statements about the "Plame Affair" and Colin Powell's belated confession that he didn't believe any of it.

If * thinks his "unique declassification" of the document makes his lies any more acceptable, he must be smoking crack.

and concur

You win my special prize...:donut:...in addition to whatever we're doing to change things, we can both sit back and watch the story unfold :popcorn:

Cheers!!!

K&R!

interesting time, is it not, Cat Girl25?

looks like Libby's really grasping now.

I'm intrigued by the fact of Bush's involvement putting a dent in plans for a pardon.

Libby (and his supporters in the media) seem to be fixated on CIPA, while Fitz--from what I've read in court documents--seems to be approaching this from the Intelligence Identities Protection Act.

Am I right?

Are Libby et al. throwing CIPA in as a red herring?

But I do know that all of the shills harp on CIPA all the time, and I've never seen it mentioned in the papers Fitz has filed. His reference is to IIPA.

wants to be on record as saying the PDBs are essential to his defense for two reasons: first, should he get them, to try to use that tired "9-11 changed everything" mantra that used to fool the nation; and second, for grounds to appeal his convictions if he doesn't get them. This series of motions is all about CIPA in the context of Team Libby's Third Motion to Compel Discovery.

of this? I want to see what else he lets out of the bag.

Today, Friday? who knows?

goes to Judge Walton now. If I were to guess -- and it is mere speculation -- I'd expect things to be relatively quiet on the Libby front until about May 5 or 10. I expect that in the mean time, Mr. Fitzgerald will focus his attention on the second grand jury. It is going to be interesting to see if the tensions within the White House result in the President or Vice President attempting to address the NIE issue at all. We can expect the Libby and the Rove forces to attack Fitzgerald, Wilson, and perhaps each other.

They are defending against the case they wanted, not the case that was presented. Libby forgot that stovepiping works two ways. The one-track he pursued with reporters meant they only had Libby as a first or second source. The other sources of the leak used stovepiping too. Fitz easily tracked who was the first to tell reporters and on which day. Fitz knows the leak was sanctioned by principals on the NSC. Each pipe is leading back to a particular NSC principal and/or WHIG participant.

Airing the BFEE's dirty laundry is the "Entertainment Tonight" portion of the case that works wonderfully for the beautiful mindless media. The lazier media moles can sink their teeth into this aspect and explain thereby taking attention away from the real criminal enterprise. For Team libby legally, this looks like a Hail Mary when the team is down 48-0.

Libby's going for broke now and damning his chances on appeal later because that means he will have begun serving a sentence and was convicted. Scooter fears incarceration more than the dark lord Cheney. Fitzgerald has now raised the stakes that Libby must do time and proffer evidence against his boss. Libby's "unique" recollections that are unsupported because he used the stovepipe communication. Libby believed he is really good at the spy game and now it is his own personal crying game.

Very Good H20 Man!

Your post brought a smile to my face. Exactly right.

You summed it up very well.

Rock on!!

is a wonderful analogy. Have to admit, it works for me too, I am enjoying all the scuttlebutt being served up nightly, watching them trying to slip the noose by pointing fingers at others. Of course GB says he doesn't watch the news so he may be missing out on all the fun.

that works on all levels. It drives up ratings and then the curious will seek more information. A beautiful rendition of reaching critical mass or the tipping point brought on ironically by those who prefer to play *Dark Shadows*. ;)

The law is the law!

he knows Mr. Fitzgerald is intent on his being incarcerated. And that includes if he makes a deal.

isn't charged with...will his lawyers get around to defending him for purjury and obstruction?

Wonder If Libby Likes Orange

the Beatles earlier .... I'm thinking of John's "How Do You Sleep?" with George on slide guitar. It has to be sinking in on Scooter that he is a very little man headed for the Big House. I do feel bad, in the sense that I think our prison system is so corrupt .... nothing good comes of it .... but Libby broke the law, he betrayed the country, and he played a huge role in starting a war that has sentenced thousands to death, and others to life-long suffering. How do these people sleep?

corruption is Fibby's business he should feel right at home. what will it be? small or medium orange jumpsuit Libby?

Take Some Insurance Out On Me Baby.

Have no sympathy for him whatsoever and would bet that his main regret, besides impending prison time, is that he got caught. Besides having a hand in destroying an excellent network, we will never know what lives may have been lost.

the majority of people here do not share my feelings on this. But I am convinced that Martin Luther King, Jr's teachings about concern for our enemies is important. I feel bad for anyone who has created the karmic debt that these people have. Which, I suppose, brings us to another Beatle/ex-Beatle song, "Instant Karma."

is what John & Martin would counsel. Perhaps...

"And even in our sleep pain that cannot forget falls drop by drop upon the heart, and in our own despair, against our will, comes wisdom to us by the awful grace of God"
Aeschylus

:hug:

feel good about anyone going to prison in this country. That's another issue, I know, and certainly Libby, Cheney et al showed no such compassion for the Iraqis they rounded up and tortured and kept in jail under the worst conditions.

Still, for some reason, I don't see Libby as the worst of them. I also hate the prison system here, and am also a little supersticious about feeling gleeful when even someone who has caused so much harm is headed there. They were so certain that 'hard time' was what criminals deserved. They never dreamt it could happen to them.

Prisons are not about rehabilitation, thanks to Republicans. I wonder if Libby, Abramoff, Kidan, Cunningham, Scanlon et al wish now they had let those bleeding heart liberals do something about the prison system?

This might be a good time to introduce some prison reform legislation ~ I'm sure there are many Republicans who know they are headed there now. They were always good at passing bills that benefitted them. I think this is an issue they might be willing to take on right now.

there is a flood in the affairs of men, when taken at the flood, leads on to fortune

Maybe this is the time ~

from heaven' ~

It takes a very strong person to show concern for their enemies. Those ruling the country right now are very small men, weak, cowardly, mean, arrogant, vengeful and cruel. Still, once they are removed from a position of being able to harm anyone again, it may be easier to be concerned about them.

They got away with their crimes before, and learned nothing from it. They returned to do more harm. That's something I think about a lot whenever I start to feel sorry for them ~

what a cute title!!!

:kick:

printing this out to read later.

There are some advantages to being a mad man.

I'm swamped reading the Libby papers right now, but I promise to read this. In the mean time, here's a kick & recommend right back at ya!

:kick:

I just checked the home page and don't see it there. Although it should be there. In fact, all of H2OMan's threads should go on the home page. But then it would seem the mods are playing favorites. So the only thing to do is add them every now and then. ;-)

that DUers shoul get a star -- even a Silver Star -- for saying nice things about my posts. Then they should be able to trade ten Silver Stars in for a DU t-shirt. I think you would opt for the Patrick Fitzgerald t-shirt. Catwoman might go for the Al Haig one.

But it would be too late for the Fitzgerald t-shirt. (I already ordered one!) Ha!

:hi:

:D

:applause: :applause: :applause: :applause: :applause:

Yet another masterpiece.

Lying with his eyes while his
hands are busy working overtime...

(For all the good it will do him).

with the touch
of a velvet hand
like a lizard on a window pane.

(One of the very best of John's songs.)

I need a fix cause I'm going down
Down to the bits that I left uptown
I need a fix cause I'm going down


(And I agree with you about the mercy question. We can still have empathy for him, even though he was part of a pitiless war machine that has extinguished the lives of tens of thousands of innocent people. In fact, we have to, if we're going to see our way through the moral, historical, and political implications of all this.)

From stop the bleeding's thread:


32. Page 24 of the Fibby Response has an interesting statement.

For example, if documents indicate that notwithstanding the President's public statements about the leak investigation, Mr. Libby had no reason to fear losing his job, the defense is entitled to the production of such documents.

So, the defense believes there is a document from Bush (or Cheney) that would have kept certain targets, uh excuse me, officials employed even if they were involved in the leak?

Is this just hot air? Or might this be about a document pertaining to specific officials? Like, say, one with the last name Rove?

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x920067

an important point. And it could be about Rove. But Team Libby is looking to damage Rove right now. And so I'm not sure that they are going to be presenting anything potentially positive for Karl. It may be that two or three of those "missing" e-mails are a couple weeks from hitting that fan!

he posted this elsewhere and I am just barely able to keep up right now with the information, so I was useless for him on this one.

Thanks again.

I know you did Condi, but what about Cheney's pet, Matalin?

It was as I understand the issue that Fitz is meant to investigate.
Its not the issue between Fitz and Libby, as Fitz dont need to/cant charge Libby with that, but rather a nice side dish.
But it is the potentially most damaging thing for Rove/George/Cheeny.
How is it going to enter the main stage?
Is Fits denying the OVP of a scapegoat and closure by charging only the OOJ?

Libby's lawyers are asking for documents that might prove Libby was in no danger of losing his job, since I don't see how that would help in his defense against the perjury or OOJ charges. Maybe someone else can, though.

This is my own theory. Since it seems obvious that Libby is not going to get any help from Cheney or Bush (in Sydney Blumenthal's article he points out that Libby almost begged them to help him when he realized he was in legal jeopardy, but they did nothing) this request almost seems aimed at showing that Bush lied when he said he would 'take care of' anyone who might have been involved in the leak.

In a way, it almost seems that Libby's lawyers are helping Fitzgerald to get to the real leakers, Bush and Cheney. Even if not legally, they continue to help him publicly expose the role of both Bush and Cheney.

Libby's job was not in jeopardy, they say! Bush said anyone who was involved in the leak would not be in the administration. Apparently they think there are documents (maybe emails) that prove that even after Libby was implicated, he had some assurance that he wouldn't be fired.

I can't figure out how that would help Libby prove he didn't lie to the Grand Jury or obstructed justice. Maybe I'm just missing something.

What it could do if the judge orders Fitzgerald to provide them with such documents, is prove that Bush was lying when he said he would not keep anyone involved in leaking on his staff.

Last week's court revelations, that Libby had told the GJ that Cheney said Bush had authorized him to talk to the press about the NIE, although it doesn't say Valerie Plame, has caused a firestorm for Bush.

I wonder if this is Libby's revenge, since again, I'm not sure that any of this will help in Libby's defense, (which Fitz points out to the judge, while at the same time revealing what the public did not know before).

that they're trying to show he had nothing to lose hence no reason to lie. Or put another way, there was no benefit in him lying.

:kick: