MORE FROM THE SUMMATION
9:55
Schmall did not know their names. Libby knew more than his briefer. Schmall's testimony corroborates Martin's, Grossman's, and Grenier's testimony. Libby remembered this on June 14. Defendants say if you don't take notes, you can't remember it. Very few of us take notes in course of day. But in this case there are notes that Libby told Schmall that. There's no reason these notes should be questions. Fifth person Libby discussed Wilson's wife with. [shows a tree of who told Libby and who he told.]
Next person, Judith Miller, June 23. Ms Miller, NYT reporter. Taking notes, recalls that he was upset, angry with CIA, felt they were backtracking on what they said publicly before the war. Very familiar with Wilson. Said Wilson ruse, irrelevancy, should be ignored, Familiar with Wilson's trip, familiar with Wilson's wife. He said she worked in the bureau. From context Miller understood as reference in CIA that deals with non-proliferation. Ms Miller was 6th person that Libby talked to about Wilson's wife during that short span of time, June 11 to June 23, less than two weeks. [no discussion of Miller's credibility]
What's next? Ari Fleischer, July 7. An event that stands out in Fleischer's mind. He was leaving, only time he had had lunch with Libby. Fleischer's memory of it clear. Future employment plans. Libby thanked him for comment in gaggle. Miami Dolphins. Mr Libby said he had info that was hush hush and on the QT. Wilson wasn't sent by VP, but by CIA and that Wilson's wife works in counter-proliferation division, the same diviision that Libby was told about and you saw referred to in note from VP. Mr Fleischer took this as gossip, as info that was passged on, unsual, Libby didn't share info normally, he was not someone that Ari could get info normally.
WHY did Libby choose to share this info with PS on that date. If you think it was because conversation lagged and he had run out ofthings to say, or did he tell him that bc it was Ari's job to talk to the press, he could spread around without it ever coming back to him. I suggest it's the latter, gave it to him deliberately hoping Ari would talk to reporters. That's exactly what did happen. Gregory, Dickerson. Talks to them, tells people about Wilson's wife. No reaction from them. Don't write down in notebooks. No evidence they ever printed anything about this. Nevertheless, when Ari reads press accounts of criminal investigation, he is mortified, bc he sees that this info appears to have been classified, appears to have involved covert agent. Got a lawyer, got immunity. You should think about it–protects him only if he told the truth.
The only thing he can be prosecute about is lying. They never published. He said he had no recollection of talking about Pincus. You heard Pincus recalls telling Fleischer told him. We don't dispute Pincus' testimony. The fact that Ari doesn't remember all the reporters he spoke to about Wilson's wife, doesn't explain why he would fabricate lunchtime meeting with Libby. Irrefutable fact that Ari knew Valerie worked at CP at CIA. Who could he have learned about it. There's no illwill. You saw nice note that Libby sent. Why would Ari lie about that conversation. There's not a question about his memory. Ari is 7th person Libby discussed Wilson's wife during period he claims to have no conscious memory.
Next, David Addington, current COS. Former colleague. Used to be counsel.
SUMMATION CONTINUES
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Addington didn't remember date. But I'll explain how we can date it. Addington remembered unique conversation in anteroom. Libby shushed him. Addington soft-spoken man. Libby wanted to know whether President could declassify at will. Addington, yes, Navy v Egan. Libby mentioned Navy v Egan in GJ. Libby wanted to know what paperwork there would be at CIA if someone sent spouse on trip. It's clear who he's talking about. Who in the world would Libby be talking about? You can date it bc you know part about declassification, the NIE, that was doct Libby wanted to leak to reporter. He was going to leak it to Judy Miller on July 8. This conversation had to have happened prior on July 8. [Hey, Z, what bout the note?] Now, there was some suggestion when Addington was cross-examined, that Addington didn't mention word "spouse" when first cross-examined. Mr Addington right now works for VP. He used to be colleague. If he had a bias, which direction do you think it would be? Prosecution, or defense? No reason that Addington would come in here to talk about spouse being sent on trip if that is not his exact memory. He's a precise lawyer. He was clear on his memory. Addington the 8th person Libby spoke to.
The next, Judith Miller, AGAIN, on July 8. This was the meeting at St Regis hotel. This is where Libby was going to leak NIE. Highly unusual event. Only 3 people knew NIE was declassified; Pres, VP, and Libby. Tenet didn't know about it, Condi didn't know about it, Hadley didn't know about it. Just those three, Pres, VP, and Libby knew about it. And they're going to pick Judy to give it to.
They met at St Regis. She had her notes. She told you Libby was agitated, angry. She told about NIE, what was in there. Talked about Powell presentation. She told you ground rules changed in middle. First, referred to as SAO. Then rules change, I want to be referred to for this next portion as Former Hill Staffer. Libby didn't work on Capitol Hill, worked in OVP. Didnt want this next part to be linked with him or his office.
Conversation turns to Wilson and Wilson's wife. He tells Ms Miller that Wilson's wife works at WINPAC. WINPAC is section w/in CIA. Can you trust and corroborate Ms Miller's testimony [giggles in media room] When she first testified she didn't remember June 23 meeting. Can you find her testimony credible. A few things to keep in mind. Who is Judy Miller. Won Pulitzer. Libby had very nice things to say about her.
Think about this, NIE gets declassified, only 3 people know about it. They could leak to ANY reporter in US. This is exclusive. Libby handpicks one reporter, Judy Miller. Why? As he said in GJ, he thought she was a responsible, conscientious reporter. Remember the circumstances, hardly ordinary. Goes into GJ after 85 days in Alexandria County Jail, fighting subpoena. She didn't want to have to testify in this case. No access to notes. Asked only if she understands interview about July 8. She testified, as she told you, Libby talking about Wilson's wife working at CIA. Asked "is this the first you heard of it." She says, "I have a memory, but I can't place the source." She's asked to find the notes. Her notes in shopping bag under desk. Finds, THERE, I did know. Guess who her source on June 23 was? It was Mr Libby. She looks at notes and it refreshes memory. What's the other corrboration. Libby's June 23 calendar. Shows meeting with Judy. Look at Libby's calendar entry July 8. Private meeting at St Regis. That's the meeting that Miller told you about.
A couple of things I want you to think about. Remember how busy Libby was. Remember how he was doing work of two men. Yet he can block off several hours to meet with Ms Miller to deal with political PR matter. Tells you how pressing this issue was. What's the other corroboration. Show you portion of MIller's testmiony on June 23.
Want to show you document introduced as defense exhibit. Show you fax sent to Libby on June 9, this fax in Mr Libby's files was conveyed to Miller on June 23. "Initially referred to as clandestine guy. CIa sent Wilson out to investigate claim." This is what she took from what Libby told her. Take a look at exhibit. Fax to Libby sent June 9, 2003. This is the time period Hannah said Libby doing homework. Memorandum for VP. "In response to your question on sale of uranium to Iraq, we have tasked our clandestine source with ties to Niger govt." Clandestine guy, VP office, report 2002. Ms Miller able to accurately recount what Libby told her June 23 2003, able to come in here 2007 to tell you about fax sent to him by CIA. A couple things to take away. 1) Libby WAS doing his homework. 2) Libbby was able to remember facts from June 9 to June 23. Hannah said Libby has great memory for remembering facts that support argument. 3) Miller able to accurately get that info and tell you about it. Ms Miller was the 9th person who talked about Wilson's wife with Scooter Libby between June 9 and the time he says he was surprised to learn it as if for the first time.
Russert.