Appeals Court Unseals CIA Leak Documents

AP via SFGate ^ | 6/29/7 | MATT APUZZO, Associated Press Writer

[SmithL]

WASHINGTON (AP) -- A federal appeals court said Friday it would release some of the documents it reviewed when deciding to force journalists to testify in the CIA leak investigation.

The ruling followed a request by The Associated Press and Dow Jones, which asked for the release of the sworn statements Special Prosecutor Patrick Fitzgerald gave to justify subpoenas for New York Times reporter Judith Miller and Time magazine reporter Matthew Cooper in 2005.

Fitzgerald wanted the reporters' help in his investigation of the leak of CIA operative Valerie Plame's identity to syndicated columnist Robert Novak. The news organizations argued that Fitzgerald never needed the testimony of reporters because he knew the source of the leak all along.

Miller spent 85 days in jail in 2005 for refusing to testify. Cooper testified under a court order.

The U.S. Court of Appeals for the District of Columbia Circuit was not persuaded by the media's argument but said some of the materials no longer needed to remain secret. Former Deputy Secretary of State Richard Armitage, the original source for the newspaper article naming Plame, has publicly identified himself.

[subterfuge]

WE are your keepers, you serfs! YOU ARE NOTHING!!!

If we tell you to eat sh!t, you’ll eat sh!t!!!

[Road Warrior ‘04]

Maybe, just maybe, the papers will show that Fitzfong knew all along about Armitage and the trial should have never gone on. In that case, Scooter’s conviction would be null and void! Correct?

[Yo-Yo]

Maybe, just maybe, the papers will show that Fitzfong knew all along about Armitage and the trial should have never gone on. In that case, Scooter’s conviction would be null and void! Correct?

Nope. Scooter wasn't convicted for being the leaker. Scooter was convicted of pejury during the investigation into the leak.

There never should have been an investigation at all as soon as Plame's status was confirmed as not matching the outting of spys statute. However, when Scooter was under oath answering questions put to him by the FBI, it doesn't matter if the investigation ends up going nowhere, he was still (wrongfully in my eyes) convicted of perjury.

[dalight]

He was convicted of remembering an unrecorded conversation with Tim Russert differently then Russert claims. Russert’s recollection was also not recorded, so we have an insubstantial difference in recollections a year after the fact being used to convict a public official of purjury.

[Homer1]

If Fitzfong already knew the leaker, why compel the testimony of reporters?

[Yo-Yo]

You’re right, and I agree that he shouldn't have been convicted, and the judge in this case also made several material mistakes that will get him overturned on appeal. That’s why the Judge was so adamant about Scooter starting his jail time during the appeals process. The Judge was hoping that Dubya would step in with a Presidential Pardon making any appeal - and subsequent review of his actions from the bench on this case - moot.

Scooter was not allowed to point out that Plame’s status made it clear that there was no crime committed, therefore there should have been no interrogation of him, yet the Judge allowed Fitz to imply that national security was at stake and Scooter lied to cover it up during closing arguments.

The Judge didn’t allow memory experts to testify on the vagaries of memory, yet allowed Fitz to purport that Russert’s version of the facts were true and Scooter’s version were false. Nor was Defense allowed to challenge other parts of Russert’s statements given under oath that were demonstrably false, which would have impeached him as a credible witness.

It’s too bad that Scooter has to sit in jail while the appeals process plays out, but if he can hang in there in the long run Fitz and the judge in this case are going to come out with a reprimand from the appellate court.

[Lurker]

Fitz and the judge in this case are going to come out with a reprimand from the appellate court.

Ooooh, a reprimand. Well that'll show them.

L

[balch3]

I wonder if Fred will go on record as parding Rove, Bush, Cheney, and anybody else involved in this phony “case” along with Scooter. Because that’s what the RATS are after.

[dalight]

I agree. This is the most stunning example of injustice. We have seen several, recently. Tom DeLay finally has seen the charges against him reversed, and we have also seen Nifong receive his just deserts.

Nevertheless, Fitz and this Judge are both deserving of sanctions. Especially in the context of jailing a New York Times reporter for months on a completely fabricated basis. There was no case, or mystery. The only reason for this extreme sanction was to attempt to find a case. This is unacceptable. In hindsight, the was no justification for this and a whole host of actions compelling news organizations to reveal sources and submit to questioning the like of which has never been seen in these United States. This despicable display of prosecutorial excess is unbelievable and should not be accepted by any citizen.