1. Anonymous says:

    The charge is important for Fitzgerald because, if he can prove it, it shows that Libby deliberately leaked Plame’s identity to at least three journalists (Cooper, Judy, and an unnamed journalist whom Libby appears to have claimed was Glen Kessler)

    Unclear how the fact that Libby testified that he told a third journalist – almost certainly Kessler – on July 12 about Plame in a very innocent context and only as a matter of the merest hearsay from journalists implies that he deliberately leaked Plame’s identity to a journalist beyond Cooper and Miller. Kessler testified, apparently, that the Wilsons did not come up at all in his conversations with Libby. So where’s the third leakee coming from?

    On the really substantial difference between the story Libby told and the story the reporters told, including the very very innocent context in which Libby himself brought up Plame, according to Libby, I believe Tatels’ opinion is a really good source.

  2. Anonymous says:

    Not being precious about it, transcribing from a pdf (and I don’t know how to do otherwise) is a pain in the ass. The key bit is on pp. 32-33 of Tatel’s opinion:

    Libby called several journalists, including Cooper and Miller. (I-202-203.) As Libby tells it, Cooper, whom he reached first, asked him why Wilson claimed Cheney had ordered the trip, to which Libby responded, â€[Y]ou know, off-the-record, reporters are telling us that Ambassador Wilson’s wife works at the CIA and I don’t know if it’s true. . . . [W] don’t know Mr. Wilson, we didn’t know anything about his mission, so I don’t know if it’s true. But if it’s true, it may explain how he knows some people at the Agency and maybe he got some bad skinny, you know, some bad information.†(I-203-06.) According to Libby, Miller, too, said something that â€triggered†him to mention that â€reporters had told us taht the ambassador’s wife works at the CIA.†(I-207-09.)

    Then combine that with the fact that Libby testified that he thought Wilson to be fully qualified for what he did, and didn’t think about the possibility that Wilson was sent on his trip because of his wife until after Novak’s column. And you get much more than just the idea that Libby said he’d heard about it from reporters, whereas Cooper testified Libby just said he’d heard that too.

  3. Anonymous says:

    I’m assuming you’re referring to this?

    Libby called several journalists, including Cooper and Miller. (I-202-03.) As Libby tells it, Cooper, whom he reached first, asked him why Wilson claimed Cheney had ordered the trip, to which Libby responded, “[Y]ou know, off-the-record, reporters are telling us that Ambassador Wilson’s wife works at the CIA and I don’t know if it’s true. . . . [W]e don’t know Mr. Wilson, we didn’t know anything about his mission, so I don’t know if it’s true.

    But if it’s true, it may explain how he knows some people at the Agency and maybe he got some bad skinny, you know, some bad information.†(I-203-06.) According to Libby, Miller, too, said something that “triggered†him to mention that “reporters had told us that the ambassador’s wife works at the CIA.†(I-207-09.)

    In contrast, in a deposition limited to Cooper’s contacts with Libby (see II-32-33, 107), Cooper said that he (Cooper) asked Libby “something along the lines of what do you know about Wilson’s wife being involved in, you know, sending him on this mission?†(II-53.) According to Cooper, Libby responded, “[Y]eah, I’ve heard that too†(II-54), which Cooper took as confirmation (II-81-91).

    In other words, it has to do with an attempt to hide knowledge of Wilson’s trip?

  4. Anonymous says:

    Oops, cross-posted.

    I would love if we get proof out of this that Libby knew of the trip–someone did, either Libby, Hadley, or Armi.

  5. Anonymous says:

    What reporters is Libby referring to? Wasn’t it Russert? Wasn’t that the biggest lie of all?

  6. Anonymous says:

    tnh

    I’ll do the Russert alleged lie in a few days. This one is listed as a separate lie, though, in the indictment, and I’m trying to catalog what kind of known evidence there is beforehand.

  7. Anonymous says:

    emptywheel

    What makes you think there was a third reporter to whom Libby leaked?

    As for Libby’s story about Cooper, what’s striking to me is that Libby’s story is essentially that Plame came up in a context that was not even remotely critical of Wilson. He brought up Plame by way of possible explanation for why Wilson was under a misimpression with regard to Cheney’s role in his mission, and it appears to put the blame entirely on the CIA. There is not the least suggestion from Libby that she had anything to do with his trip or that there was anything untoward about his trip, for which he was perfectly qualified.

  8. Anonymous says:

    Are there indications or educated guesses about how Ms. Miller will perform as a witness?
    Is her relationship to Libby still primarily one of solidarity? Or is it now antagonistic?
    Can’t we assume that she will be hostile to Fitz, not least because he jailed her, but also because she views him as having thrown a monkey wrench in the neocon game plan?
    Thanks.

  9. Anonymous says:

    Which perfectly matches their current stance, of course. I still think we might get evidence (from Ari?) that they knew of this. If, for example, Pincus’ source was telling the truth–that is, that they knew, but dismissed Wilson’s trip repot–we might learn of it.

    I don’t know that there is a third. I’ve been thinking a lot about Evan Thomas, though, why he wouldn’t get subpoenaed? Mostly it’s because they couldn’t prove he had gotten a leak. Though looking back at his later work, he seems to have had a thing in for Libby.

    But I also can’t understand why Libby would say he leaked to several journalists–did he raise Kessler, too, to hide another â€several†(Thomas?).

    By the three, though, I was mostly talking about intent–w/o the caveats, then whatever Libby was doing looks to be a real campaign.

  10. Anonymous says:

    But I also can’t understand why Libby would say he leaked to several journalists…

    I have a theory about that.

  11. Anonymous says:

    Watson

    Honestly, your guess is as good as mine.

    I think she only told half truths in her testimony. So she’s screwed, because her story is shaky, but she can’t recant her testimony (particularly not if Fitz perjury trapped her with the June 23 meeting).

    But both Libby and Fitz know this. So the question is, who has more leverage over Judy. Will Judy sit nicely while Libby slams her credibility? Or will Fitz find some way to turn it on her–to use her lack of credibility to argue she and Libby are in cahoots. A lot depends on how much of the details pertaining Judy’s unwillingness to testify are admissible, I think.

    But like I said–your guess is as good as mine. It’s one of the three or four things I’m most curious about with this case.

  12. Anonymous says:

    But if Libby is contending that he was merely relaying what he heard from reporters to Cooper and that itself is a lie, then doesn’t that prove that the statments he made about his conversations with Cooper were lies as well? And doesn’t that discredit every other aspect of his version of those conversations?

  13. Anonymous says:

    If, for example, Pincus’ source was telling the truth–that is, that they knew, but dismissed Wilson’s trip repot–we might learn of it.

    Unlikely to come from this source, at least with regard to OVP, since Fitzgerald knows what that source knows, and is still saying that he’s not contesting that OVP didn’t find out about Wilson’s trip until mid-2003. This remains a real puzzler to me, given how much Cheney was told about CIA working on his question, given that he asked again and his CIA briefer was told in response that a source was being debriefed on March 5 2002 (and presumably the briefer relayed this information to Cheney), and given that DO flagged the trip report for Winpac given the high priority of the issue. Perhaps Winpac didn’t pass it on?

  14. Anonymous says:

    emptywheel,

    Your suggestion from the other day for everyone to go the original sources I took to heart. Tonight I reread Libby’s indictment and was surprised to realize Novak’s name, his article and how Novak came to know the details of Plame’s CIA affiliation are NEVER mentioned. His infamous article is just alluded to ONLY ONCE and very INDIRECTLY by the inclusion of the date on page 10 line 28 of the Libby indictment:

    â€A major focus of the Grand Jury Investigation was to determine which government officials had disclosed to the media prior to July 14, 2003 information concerning the affiliation of Valerie Wilson with the CIA,and the nature, timing, extent, and purpose of such disclosures,…â€

    I assume Fitzgerald is doing this purposely to keep Novak and Armitage out of the story and away from Libby’s lawyers, but I wonder if you could flesh out this tactic or point me to a prior post if you have covered these details already.

  15. Anonymous says:

    – â€flesh out this tactic†–

    Libby didn’t leak to Novak, therefore conversation with Novak isn’t a venue where Libby was â€caught lying to investigators.â€

    The indictment is a hard place to start, unfortunately. As you read it, force yourself to remember this is a â€lying to investigators†case – and picture yourself as an investigator who holds Libby as a suspect.

    â€A major focus of the Grand Jury Investigation was to determine which government officials had disclosed to the media … information concerning the affiliation of Valerie Wilson with the CIAâ€

    Take Libby’s alleged testimony as TRUE. Was he a government official who COULD NOT have disclosed to the media? Was he unaware that Wilson’s wife worked at the CIA?

  16. Anonymous says:

    Thanks cboldt. I agree Libby is not accused of leaking to Novak. But everyone knows Novak authored the article that started this case. It seems Fitz went out of his way however NOT to place Novak’s name in Libby’s indictment. Not being a lawyer I would have added it– just curions what loopholes doing so would have created for Libby’s defense, if any.

  17. Anonymous says:

    In fact, it is in Libby’s defense’s interest to emphasize Novak, since Libby was not a leaker to Novak. Contrariwise, Fitzgerald has been pointing out in response to this effort by Libby’s defense that in fact the investigation had to do with pre-July 14 2003 leaks from government officials to reporters, and was not solely focused on Novak. Which seems sensible to me, since it’s not clear why the investigation should have followed the contingencies of which reporter leaked to by some pair of people managed to scoop which other reporter leaked to by someone else and others, i.e. Novak scooped Miller, in part because Miller couldn’t get her editor to sign off on a story on the Wilsons she wanted to pursue and write.

  18. Anonymous says:

    Jeff,
    I agree. And it looks like Fitz has been very aware of this in the wording of the indictment.

    Pre-July 14, 2003 is the delimiting date for investigating government leaks in this case, but I don’t think Fitz ever explains why this date in Libby’s indictment. That Fitz does not have to explain I find interesting and amusing. Glad to know it makes Libby’s team have to work that much harder.

  19. Anonymous says:

    It’s one of the three or four things I’m most curious about with this case.

    and the others, marcy?

  20. Anonymous says:

    tnh

    I think that’s what Libby’s lawyers would like you (or the jurors) to think. They’re going to spend some time, if they can, suggesting that Libby also learned of Plame from Woodward, and in so doing, try to make the â€I heard from journalists†story believable. But still, if he didn’t say that to Cooper, he still lied or misremembered about what happened.

    Of course, it’ll make the memory defense more believeable, but hey.

  21. Anonymous says:

    The indictment is a hard place to start, unfortunately. As you read it, force yourself to remember this is a â€lying to investigators†case – and picture yourself as an investigator who holds Libby as a suspect.

    â€A major focus of the Grand Jury Investigation was to determine which government officials had disclosed to the media … information concerning the affiliation of Valerie Wilson with the CIAâ€

    Take Libby’s alleged testimony as TRUE. Was he a government official who COULD NOT have disclosed to the media? Was he unaware that Wilson’s wife worked at the CIA?

    I’m not sure what you mean, cboldt. Are you trying to make a case that the charges wouldn’t have been central if Fitz didn’t already suspect Libby? (Though, given that Libby had already told some implausible stories by the time Fitz came on board, that may be natural.)

  22. Anonymous says:

    – â€I’m not sure what you mean, cboldt. Are you trying to make a case that the charges wouldn’t have been central if Fitz didn’t already suspect Libby?†–

    Sort of. I’m saying that all the people in the WH were suspects, some more than others. The investigation was to probe leaks coming from the White House to the press corps. The point of the exercise is simply to understand the charges expressed in the indictment.

    I just suggest the â€backtrack into the shoes of an investigator†lens as useful for understanding the indictment and the prosecution that is following it. If you, the investigator, take Libby’s testimony as true, what is your conclusion about Libby’s awareness that Wilson’s wife worked at the CIA? As an prosecutor, do you think all the misstatements were the product of flawed memory?

  23. Anonymous says:

    It seems to me once you find the notation about CHeney informing you of Plame’s identity (not to mention the notation that he was supposed to leak something to Judy), I don’t understand how you could avoid being suspicious.

    Also, if State cooperated fully and quickly as a result of Armitage coming forward, the FBI may have had Grossman’s testimony quite early, which would go to how obsessive Libby was on these issues.

    In other words, I just can’t imagine a scenario where these things wouldn’t appear very suspicious. Add in Novak’s changing story, and you’ve got reason to be suspicious, I think.

  24. Anonymous says:

    Did Libby ever testify, or is there any other evidence in the filings, that Woodward was the reporter that Libby got the info about Plame from?