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THE NEXT BATCH IS IN---WELLS CONTINUES

No one would have thought there'd be a criminal case. Those notes don't say anything about Valerie Wilson. The plane lands, Libby goes into small room with Ms Martin, Jenny Mayfield's in the room, they call Matt Cooper, Ms Libby and two children in next room, those kids have been up since 6 in the morning, want to get home and PUT those kids to be. Libby didn't want to be on the calls. He had never talked to Cooper in his life. He gets on phone talks to Cooper. Cooper testified, SCOOTER Libby wasn't running around, trying to leak. Cooper wanted to keep him on phone. Have you heard about the wife. I heard that to. I heard that too,but I don't know if it's even true. And it is about a few words, regardless of what he said. We saw what was in essence a Perry Mason moment when my partner Bill Jeffress, one of the best lawyers in the country. put up on the screen the notes that clearly show I don't even know, and the guy stops, It shows what LIbby said was accurate, what happened. It was clear, that was up there, Cooper said, I can't explain it. Scooter Libby's innocent. He didn't do it. He didn't leak to anyone. He is being charged iwth a conversation with a reporter he never met in his life, trying to get home, in the notes, if you want to be fairminded, the notes support Mr Libby. ANd you're going to charge him for perjury, false statements, Some craziness to this case.

Let me talk abotu Mr RUssert. I'm going to talk a lot about Mr Russert. Russert took the stand and said, it was impossible for me to have asked Libby a conversation on July 11, because I did not know, then, that Mrs. Wilson worked at CIA, so i could not have asked Libby the question. Russert said I didn't read it until July 14, and I said wow.

I then introduced an affadavit, a stipulation, as to what Case Agent Eckenrode, he was the top guy, he was the one who called Tim Russert. It is stipulated as true. The stipulation says the November 24 report states, Russert does not recall stating to Libby anything about wife of former Ambassador Wilson, although he could not rule out possibility. That's what Eckenrode would have testified to. He could not rule out possibility.

Russert was at a loss to remember it. He believes this was a type of conversation that he would or should remember. Russert talks to many people on daily basis, it is difficult to reconstruct one several months ago.

That statement that he could not rule it out is totally contrary to what he told you on witness stand. Those counts rely almost exclusive on Russert's testimony. [This is total BS–there's one charge that relates entirely to Libby's knowledge. Fitz is going to have a field day]

That stipulation in and of itself is reasonable doubt. I don't have to talk about Buffalo news, Russert's affadavit before court, how he was forgetful on stand the morning of indictment [wow, that relates to evidence that was ruled inadmissible] He made a statement that is different from an earlier statemen. This is an impeachment statement. THe mere fact that he made an earlier statement, where the stakes are a man's reputation, a man's life, that's reasonable doubt in and of itself.

Russert says, it was impossible because I didn't know about it until I read it in the newspaper.

I'm going to talk you through this, most important testimony in the whole case. THe govt's timeline is wrong. Came out on AP wire, by 2:00 on July 11, if you lived in teh world of media, you could get access to it, people could call you, talk about it. maybe for those of us who are non-reporters, if you live in Russert's world, it was on AP wire, even though it was embargoed, Reporters could read, talk about it.

Novak testified at trial, that he wrote Mission to Niger before Noon, on July 11, before noon. And that it was edited by 1 PM, ET. COlumn out on AP wire shortly thereafter. Let me read you from testimony.

"In this case, my recollection is that since I had a really busy afternoon, I wanted to finish teh column by noon."

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