This is odd.
As I explained earlier, Brent Wilkes’ lawyer Mark Geragos is trying to subpoena a bunch of lawyers and journalists, in hopes (he claims) of discovering who was leaking about the Wilkes/Foggo indictments before the indictments came down, and in further hopes of getting Wilkes’ convictions thrown out because of governmental misconduct. I’m particularly interested in Lisa Myers’ subpoena because she’s a hack frequently targeted for GOP spin, and because I think the leak she received may have had as much to do with the Gonzales clique’s attempts to bury their firing of Carol Lam as it had to do with sincere content. That is, the leak probably was misconduct, but not in any way that could help Wilkes.
Here’s how Geragos first described the leak to Myers.
a televisionreporter told me that an attorney at the Justice Department mainoffices in Washington D.C. (“Main Justiceâ€) had disclosed that MainJustice believed that it could no longer exercise its normalsupervisory role because the leaks of the indictment “would now makeany action taken by Main Justice appear to be politicalâ€. [my emphasis]
But Geragos never contends that Myers reported on this leak–she just told him its contents directly.
Here’s how Geragos describes Myers in his motion to subpoena her (and the others).
Lisa Myers is a senior investigative correspondent for NBC NightlyNews. She can testify that she spoke to a person within the Departmentof Justice who told her that they had the seen the indictment(s) andgave her other detailed information. [my emphasis]
And here’s the language in Geragos’ proposed order for the subpoena to Myers.
Lisa Myers
[Address Redacted]a. To bring with you or to provide via mail or facsimile, any and allwritten or electronic information including but not limited to papers,notes, documents, correspondence, emails, records, internal memoranda,phone logs, and/or other documentation pertaining to the sources you referred to in any news reports about the pending indictment(s) against Brent Wilkes, Kyle Dustin Foggo, and/or John Michael.
b. To bring with you or to provide via mail or facsimile, any and all draft(s) of the indictment(s) against Brent Wilkes, Kyle Dustin Foggo, and/or John Michael that you received at any point in the investigation and in any format. [my emphasis]
Given Geragos’ two earlier statements, (a) would not be relevant, because Myers never didany news reports on the leak she received. And (b) would not berelevant, because Myers claims only that her DOJ source told her he hadseen the indictment; Myers never claimed to have seen the indictmentherself.
So, provided that the earlier two representations Geragos made aboutMyers’ story are correct, then Myers will have nothing responsive tothe subpoena. And Geragos knows it.
Of course, Geragos could ask for the identity of her DOJ source–about whom she never did a TV report. That person would certainly be a government leaker–and would have violated grand jury secrecy. But Geragos doesn’t ask for that information, which is precisely the information he claims he needs.