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Tim Russert at Libby Trial: Public Memory Lapse and a False Affidavit?
Wednesday, February 7, 2007 | Kristinn

Posted on 02/07/2007 7:26:24 PM PST by kristinn

The courtroom was packed, the overflow room was packed, the street in front of the Prettyman building looked like it did back when the Lewinsky scandal was in full flower. All the attention was for the media's star witness against President Bush: Tim Russert. Actually, Russert was prosecutor Patrick Fitzgerald's star witness against I. Lewis Libby.

I arrived in the afternoon, a few minutes into the cross examination of Russert by Libby's attorney, Theodore Wells.

Russert started off strong, a little too strong in his demeanor on the witness stand. He didn't want to get boxed in by Wells' questions so he kept elaborating beyond what was asked. The point of exasperation was when Russert asked Wells a question.

Eventually Wells, with backing from Judge Walton, admonished Russert.

From other reports, Fitzgerald only questioned Russert for ten minutes to get his testimony on the record that he didn't tell Libby about Valerie Plame in their July 10, 2003 phone conversation.

Wells kept Russert on the stand for longer than that. A lot longer, with plans to keep Russert on the stand for two more hours when court resumes tomorrow morning.

Wells was able to once again call into question the veracity of the infamous FBI 302 summaries of witness interviews with Russert's testimony that his recollection of his FBI interview differed in some respects with the agent's notes.

The more interesting testimony, though, came when Wells brought up a public example of Russert's flawed memory for important phone calls. The questioning was based on this episode as recounted by The Washington Post's Howard Kurtz in June 2004:

Tim Russert has told the Buffalo News he regrets an error he made in a recent Washington Post Magazine interview.

Russert had said he never called News reporter Mark Sommer to complain about a negative review of his performance in moderating a Hillary Clinton-Rick Lazio Senate debate in 2000. But Sommer says in an interview that Russert called him twice about the piece and "was furious. . . . I was struck how a guy who basks in the reputation of being a tough reporter can't handle criticism when it applies to himself."

"I just plain didn't remember it," Russert says in an interview,...

Russert testified that he later remembered the phone call to Sommer when he reviewed a letter he had written to Sommer at the same time as the call that had a notation that he had indeed called Sommer.

Wells made a point of repeating many times the title of a Buffalo News article about the incident. I wasn't taking notes, but the headline was something like: Russert's Public Memory Lapse.

He got Russert to agree that he didn't deliberately lie about the phone call and that he was confident he was being truthful when he told Kurtz he hadn't called Sommer.

Wells noted that Russert's memory lapse occured a few months before his grand jury testimony in the Plame case.

Russert testified he has no notes from his conversation with Libby on July 10, 2003. His recollection is based solely on his memory--which his testimony showed needs prompting.

If Russert and Fitzgerald were feeling a bit crestfallen by the exposure of Russert's faulty memory, their moods went south quickly when Wells introduced into evidence the sworn affidavit that Russert submitted in an attempt by him and NBC News to squash the grand jury subpoena for Russert in 2004.

The affidavit began with Russert explaining what a big wheel he is in the media, lists his awards, and then explains how he has sources all throughout the government that he protects with promises of confidentiality. The affidavit then says that because of Russert's promises of confidentiality, he cannot even confirm to the government whether the conversation with Libby took place, let alone tell what was said.

Wells revisited the interview with the FBI agent, named Eckenrode(sp?), which took place in November 2003--many months before the affidavit.

Wells pointed out that Russert spoke about the conversation with Libby with the FBI agent without even verifying that the man on the phone was indeed an FBI agent or whether Libby had indeed waived confidentiality on the conversation.

Russert tried to weasel out of it by saying he considered Libby's phone call a "viewer complaint" about Hardball's coverage of the Joe Wilson story and that he had only told the agent his side of the conversation because the agent told him Libby was saying Russert told him about Plame.

Wells hammered home that Russert had not included this conversation with a government agent in his affidavit--raising the possibility that Russert filed a false affidavit with the court.

By this point Fitzgerald was slouched in his chair, intently staring at the jury to gauge their reaction to his star witness getting methodically taken apart.

Judge Walton recessed for the day a little before 5 p.m. He asked Wells how long he intended to question Russert when court resumed in the morning. Wells answered, with Russert watching from next to the witness box where he was leaning on his crutch, that he would question Russert for a long while. He repeated that answer when Walton asked him again. The third time Walton asked him Wells said about two hours.

Russert left out a side door while Fitzgerald and Wells spoke with Walton about the schedule for the trial.

As the media filed out, there were few happy faces to be found among them.


TOPICS: Crime/Corruption; Front Page News; News/Current Events; US: District of Columbia
KEYWORDS: cialeak; eckenrode; fitzfong; libby; libbytrial; mrpotatohead; plame; russert; scooterlibby; wilson
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To: kristinn

Tomorrow should be interesting, the judge has been allowing the jurors to submit their own questions....it will be most enlightening to see what kind of questions they submit while Russert is still on the stand.

Thanks for the response on the jurors.


61 posted on 02/07/2007 8:11:32 PM PST by Laverne
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To: Arizona Carolyn
Fell over his dog.

Sure, I believe that. /s> What a pansy liberal weiner.

62 posted on 02/07/2007 8:11:45 PM PST by OldCorps
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To: Dahoser

Russert did contradict Libby's testimony, but the defense was trying to show that Russert's memory isn't reliable and that his credibility is suspect.


63 posted on 02/07/2007 8:12:06 PM PST by kristinn
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To: Dolphy

If Spikey Mikey and that anti-Christian Corn says that the FBI agent that slobbered all over Tim the Toad is great, that makes him a DEMOCRAT-ick!!


64 posted on 02/07/2007 8:12:35 PM PST by Suzy Quzy
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To: PA-RIVER

GRAVY!!! LOL!!


65 posted on 02/07/2007 8:13:08 PM PST by Suzy Quzy
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To: PA-RIVER

GRAVY!!! LOL!!


66 posted on 02/07/2007 8:13:11 PM PST by Suzy Quzy
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To: kristinn

I have to conclude that the MSM doesn't really appreciate what is going on, or is dissembling to fit the "Libby lied" script.


67 posted on 02/07/2007 8:13:32 PM PST by popdonnelly (Conservatives must have their own long march through the institutions.)
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To: kristinn

But, the FBI notes that WElls had Russert read, stated that Russert had said they might have talked about WIlson's wife (not exactly in those words). Russert then denied the accuracy of the FBI's notes, something that several other witnesses have done as well.


68 posted on 02/07/2007 8:13:48 PM PST by Laverne
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To: Howlin
Everybody who believes Timmy treated Libby's call as a "viewer complaint" raise your hand.

(crickets went silent)

69 posted on 02/07/2007 8:13:56 PM PST by TigersEye (Ego chatters endlessly on. Mind speaks in great silence.)
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To: jveritas

I wish I had more time to spend at the trial. I may be able to get there in the morning for a bit.


70 posted on 02/07/2007 8:14:48 PM PST by kristinn
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To: Suzy Quzy

No one is as bad as MSNBC these days.. even ABC is tame by comparison.


71 posted on 02/07/2007 8:15:16 PM PST by Arizona Carolyn
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To: TigersEye

Will he take my calls if I complain?


72 posted on 02/07/2007 8:16:06 PM PST by woofie
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To: Laverne
Russert then denied the accuracy of the FBI's notes, something that several other witnesses have done as well.

And on least some of those occasions, Eckenrode, the guy who Russert felt free to chat with from his home, was taking the notes. I'd like to say something just isn't right but that about covers the whole circus.

73 posted on 02/07/2007 8:17:03 PM PST by Dolphy
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To: kristinn
Of course the DBM, and sadly Fox also, only reported one side of the proceedings.

In the meantime, thanks for the great work! (Along with your other great work.)

74 posted on 02/07/2007 8:17:15 PM PST by Dahoser (Never question Mr. Nibbles!)
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To: kristinn

We hope you can also, kristinn....you are really helping us out...because we don't trust any of the media reporting on this.


75 posted on 02/07/2007 8:17:18 PM PST by Txsleuth
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To: kristinn
"Russert had said he never called News reporter Mark Sommer to complain about a negative review of his performance in moderating a Hillary Clinton-Rick Lazio Senate debate in 2000. But Sommer says in an interview that Russert called him twice about the piece and "was furious. . . . I was struck how a guy who basks in the reputation of being a tough reporter can't handle criticism when it applies to himself."

This sounds a lot like what the news media said Russert said on the stand today. This time it was Russert saying he never called Liddy that Liddy called him and that he (Liddy) was furious over Russert reporting that Wilson said Vice President Cheney had sent him to Nigeria.

76 posted on 02/07/2007 8:17:54 PM PST by Spunky ("Everyone has a freedom of choice, but not of consequences.")
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To: Arizona Carolyn

MSNBC's new head, what the hell is his name, the kid with the famous father....well, I thought it would be BETTER BUT IT"S HIDEOUS TV!! I haven't watched in a looooooonnnng time.


77 posted on 02/07/2007 8:18:45 PM PST by Suzy Quzy
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To: Suzy Quzy

I refuse to watch and give them one inth of a rating... same with CNN, though I do check out Anderson Cooper from time-to-time.


78 posted on 02/07/2007 8:20:16 PM PST by Arizona Carolyn
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To: kristinn

Wow, thanks so much for taking the time to not only go to court, but to post this report for us. I'll have to look for the MSM report to compare their treatment of the Russert testimony, particularly Chrissy Matthews' take on the whole thing.


79 posted on 02/07/2007 8:20:56 PM PST by Eva
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To: IrishRainy
It is a small world:

The jury includes a retired Washington Post reporter who once worked for Post editor Bob Woodward and was a neighbor of NBC reporter Tim Russert, both of whom are to be witnesses in the case.

80 posted on 02/07/2007 8:21:34 PM PST by kristinn
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