THE WORD ON LIBBY -- AND THE BIG PICTURE [Byron York]

National Review Online's 'The Corner' ^ | 10/28/05 | Byron York

[Diddle E. Squat]

A number of observations tonight from people who know and follow the CIA leak case:

The first is that they view the indictment against Lewis Libby as very strong. One source called it "as clear-cut an indictment" as one would ever see, and the consensus is that Libby is in serious trouble. If Libby lied as much as Fitzgerald accuses him of lying, the sources say, then Libby acted in an astonishingly reckless way.

The observers also suspect that Fitzgerald has some strong but as yet unrevealed evidence to support the centerpiece of his perjury charge against Libby, that is, Libby's testimony to the grand jury about his conversation with NBC's Tim Russert on July 10, 2003, in which Libby swore that it was Russert who told him that Valerie Wilson worked for the CIA:

"Mr. Russert said to me, did you know that Ambassador Wilson's wife, or his wife, works at the CIA? And I said, no, I don't know that. And then he said, yeah – yes, all the reporters know it. And I said, again, I don't know that. I just wanted to be clear that I wasn't confirming anything for him on this. And you know, I was struck by what he was saying in that he thought it was an important fact, but I didn't ask him anymore about it because I didn't want to be digging in on him, and he then moved on and finished the conversation, something like that."

What is striking about the indictment, observers say, is that Fitzgerald does not say simply that Russert has another recollection. Instead, the indictment says:

In truth and fact, as Libby well knew when he gave this testimony, it was false in that: a. Russert did not ask Libby if Libby knew that Wilson’s wife worked for the CIA, nor did he tell Libby that all the reporters knew it; and b. At the time of this conversation, Libby was well aware that Wilson’s wife worked at the CIA...

In another place in the indictment, Fitzgerald states flatly that "Russert did not ask Libby if Libby knew that Wilson's wife worked for the CIA, nor did he tell Libby that all the reporters knew it." That sort of definitiveness has led the observers to suspect that Fitzgerald has some sort of evidence that clearly supports Russert's account of the conversation.

In addition, the observers are unanimously appalled by the performance of Libby's lawyer, Joseph Tate. This is something that has been discussed for quite a while now -- at least since Libby's infamous "the aspens will already be turning" letter to Judith Miller. What lawyer, they ask, would have allowed his client to write and send such a letter -- clearly raising suspicions that Libby was trying to influence testimony and possibly obstruct the investigation? Now, Libby is said to be in the market for a good criminal defense lawyer. If he had done that earlier, the observers say, he might not be in the trouble he is in now.

Another consensus opinion is the cautious belief that Karl Rove might not, ultimately, face any charges. Rove is not mentioned by name in the Libby indictment, and only once by a pseudonym -- "Official A." Although the indictment is not about Rove, the observers get the sense that Rove emerges as a far less important player in the whole affair than Libby; it was Libby, for example, and apparently not Rove, who got in touch with the CIA and the State Department about the Wilson matter. In addition, word is that Rove made some sort of presentation to Fitzgerald in the last days of the investigation that made Fitzgerald less inclined to take action against Rove. What that involved is is not clear.

And finally, many observers of the investigation marvel at what is still not known after nearly two years of probing. Who leaked the story to Robert Novak? What, precisely, was Valerie Wilson's status at the CIA at the time Novak's column revealed her identity? Fitzgerald presumably knows the answers to those questions. But, at least so far, he isn't saying.

[calreaganfan]

"And it won't just be Wilson, Plame, and their
superiors and co-workers and friends, that will
be supeonaed"

The above is not correct. This will be a perjury and false statements case. Joe Wilson and his wife are not material to this matter. The perjury/false statements involve Libby, the reporters he spoke to, and other administration officials. No judge will allow Libby's defense to go on an immaterial fishing expedition. Wilson & his wife were not a party to the perjury/false statements.

[deaconjim]

The way he said it I have no doubt he voted for Kerry and Gore

That should be easy to determine. Where does he vote? If he voted in the Dem primary, it would be reasonable to assume that he then voted Dem in the general election as well.

[angkor]

Libby testified that *he told Russert* that he didn't know. Is lying to a reporter a crime?

I noticed that within 30 minutes of the indictment being posted, and made exactly the same comment.

As for "does he have a recording," single-party recording is illegal in DC.

Also it just wouldn't look good for Russert to have been recording, and to have turned the tape over to DoJ. In any case it would be "fruit of the bitter tree", inadmissable.

So why does Firzgerald believe Russert and not Libby?

[GiovannaNicoletta]

bookmark

[4woodenboats]

You've mentioned Ari's name twice as a possible target of the investigation in as many posts.

Why?

BTW, welcome to FreeRepublic

[wiggen]

seems doubtful the conversation wasn't recorded or perhaps they went over the topic a second time in an email.Dims aimed high,they missed,came up with perjury.Just get the feeling they have the goods here in one form or another

[calreaganfan]

I don't think former Bush press spokesman Ari Fleischer is a "target" of the investigation. Instead, I think he was probably one of the two original sources of Robert Novak's column -- the other being Karl Rove. Novak said he spoke to two senior White House officials. We know that he spoke to both Rove (by his own testimony) and Fleisher.

[PGalt]

Thanks for posting. Interesting thread bump!

[YaYa123]

(Full transcript of Russert, after Fitzgerald's press conference, explaining his phone call from Libby:)

http://www.msnbc.msn.com/id/5961048/

" MSNBC: So, your sole contact with Scooter Libby in the period in question here was he called to complain about programming, something that was said or covered on one of NBC’s cable news programs.

Russert: Correct. And that was the extent of it. I immediately, obviously, called to the president of NBC News and shared the complaint — which is why it was memorable in my mind.

And to the notion that I somehow was the recipient of a leak, which wasn't the case, or that I had shared information that I did not know — the first time I heard of Valerie Plame and the fact that she was a CIA operative is when I read Robert Novak's column the following Monday. "



(There's obviously a record, (not necessarily a recording) of Russert's call to NBC president describing Libby's call.)

[YaYa123]

You asked, "So why does Firzgerald believe Russert and not Libby?"

Please read my # 109.

[tomnbeverly]

That is exactly the way I read it....

[AmericaUnited]

I will confirm that her association with the CIA was classified at that time through July 2003

He is a FLAMING IDIOT BEYOND BELIEF if at this point in time, THE MOST IMPORTANT FACT is still unknown or uncertain. It's makes such a mockery of his much vaunted 'thoroughness'.

[NickatNite2003]

Don't bet on it. Fitzgerald has *allready*
opened the door, with his unnsupported
accusations of yesterdays press conference.

[sphinx]

This would have to be a witness or a recording. There is no evidence of a witness that I know of. Is a recording admissible?

Maybe Tim Russert tapes his off the record conversations.

[angkor]

He's using weasel words.

According to the Intelligence Identities Protection Act, two tests must be met: a classified relationship with an intelligence agency, and overseas service.

Since Libby was not charged, we can infer that Plame was not covert:

(4) The term "covert agent" means: (A) a present or retired officer or employee of an intelligence agency or a present or retired member of the Armed Forces assigned to duty with an intelligence agency; (i) whose identity as such an officer, employee, or member is classified information, and (ii) who is serving outside the United States or has within the last five years served outside the United States; or

[Mila]

I trying to remember what Fitzgerald said about this yesterday at the press conference.

It was something to affect that some days prior to the conversation with Russert,Libby had mentioned Plame's working for the CIA to several other people. I gathered that there was verification on this from those people. From that, and perhaps other things as well, it was concluded that Libby lied when he said that Russert told him about Plame and when he said that he had never heard of her affiliation with the CIA before the Russert conversation.
Also,Russert says that Plame never even came up in their conversation, which had something to do with Libby complaining about the manner in which a certain story had been presented on NBC.

In fairness to Libby,I know that I would be hard pressed to remember on what days I had certain conversations and with whom,particularly if I were testifying alone (no attorney allowed to be with you) before a GJ. Perhaps all this is due to a mix up.

[G.Mason]

"Maybe he should look for a plea."

If it goes to trial, in and by itself, and Libby is convicted, he will, no doubt be pardoned. [January, 2008]

Inasmuch as I see this entire episode as an attempted coup, Libby is not the prize. IMHO it is the President they are attempting to bring down.

The next bombshell will be VP Cheney is indicted ... all timed for the coming elections in 2008. This will effectively bring about a totally impotent presidential administration which may likely lead to the election of a Democrat president.

The Democrats are and have been campaigning. They are simply using the legal system, they have put in place over these many years, to do so.

[AmericaUnited]

He's using weasel words.

So Fitzgerald is misleading the American public and reporters. We need to have a special prosecutor assigned to see if he did this intentionally. WAS HE TRYING TO THROW THE BALL AT OUR HEADS? :)

[angkor]

(There's obviously a record, (not necessarily a recording) of Russert's call to NBC president describing Libby's call.)

Huh? There's a record of Russert's call the president of NBC to relay Libby's concern about programming.

There is no record about anything else discussed by Libby and Russert (unless Russert recorded the call, which is illegal in DC).

Further, it's actually more than plausible that Russert would choose not to mention Plame during his discussion with the NBC exec. Why would he? Plame would be a news matter, and not pertinent to an executive business matter (Russert is also a VP at NBC, he wears two hats as a news guy and as an executive manager).

So again all you have is Russert's word against Libby's.

The "record" you assert shows precisely nothing.

[Solamente]

From the beginning of all of this, my gut tells me that Plame and Wilson orchestrated the "outing."

There were and are WMD in Iraq, most moved to Syria while the Democrats insisted GWB waste valuable time appealing to the U.N.

Just as the forged Texas National Guard document poisoned the well for the Dem/Libs to continue to crucify GWB's youth, a forged yellowcake document poisoned the well, but in this case to discredit the truth. You can bet your ass Iraq was looking to build nukes.

The part of the Big Picture I don't get is why the GWB Administration made retractions, and hardly defended itself.