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THE WORD ON LIBBY -- AND THE BIG PICTURE [Byron York]
National Review Online's 'The Corner' ^ | 10/28/05 | Byron York

Posted on 10/28/2005 10:29:03 PM PDT by 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.


TOPICS: Crime/Corruption; News/Current Events
KEYWORDS: 1libbylibbylibby; 2ondlabellabellabl; byronyork; cialeak; fitzgerald; libby; scooterlibby
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To: oceanview
In the indictment, it says "At all relevant times from Januray 1, 2002 through July 2003, Valerie Wilson was employed by the CIA and her employment status was classified."

Employment status (pick as many as are appropriate):

Whatever her status is, HR can't tell us.

If she was covert under the definition of 50 USC 421, Fizt would have charged a violation. All the elements of disclosure by Libby are alleged in the indictment.

121 posted on 10/29/2005 3:51:55 AM PDT by Cboldt
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To: bvw
This explains zero about the temper and themes of Fitz's remarks at the press conference.

One theme that Fitz aimed to paint, cause by inference if you will, is that Plame was covert.

The indictment does not assert that, nor does it present any facts that would support such an assertion.

122 posted on 10/29/2005 3:54:24 AM PDT by Cboldt
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To: Southack

If Libby is a Democrat & friend of the liberal media elites, why are they so giddy at his indictment? Do they think he is going to testify against Cheney? I'm somewhat skeptical, because Libby was such a strong supporter of Bush's foreign policy. This is very interesting information, though.


123 posted on 10/29/2005 3:58:12 AM PDT by pollyg107
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To: Southack

Isn't it kind'a early to be 'drinkin hard-liquor?


124 posted on 10/29/2005 4:05:02 AM PDT by johnny7 (“What now? Let me tell you what now.”)
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To: Diddle E. Squat

The only way I'd believe Russert didn't lie is if Fitzgerald has a tape of the conversation between Russert and Libbey. Notes don't cut it in my book.


125 posted on 10/29/2005 4:09:37 AM PDT by mass55th (Courage is being scared to death - but saddling up anyway~~John Wayne)
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To: Diddle E. Squat

Definition of HYPOCRYCY: A liar calling another man a liar


126 posted on 10/29/2005 4:12:32 AM PDT by RoadTest (The Bible is to change us; not us to change the Bible)
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To: Southack

HUMMMM LOOKS LIKE THE MSM MISSED THIS LITTLE FACTOID. I have always wondered why Russert would PERSONALLY call Libby. Now we know , he was one of them.


127 posted on 10/29/2005 4:12:39 AM PDT by marty60
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To: blogblogginaway
This bothered me too when I read it, because I have held a "classified" status (i.e., secret). But this is being used in a different way here, I think: her "covert" status was "classified" meaning the very fact of her "covert" position was a secret, or supposedly was a secret. The term "covert" refers to whether she acts "undercover" while the term "classified" CAN refer to her actions WHILE undercover or to the mere fact that she IS a "covert agent."

So I don't think this is the discrepancy that many claim.

128 posted on 10/29/2005 4:14:24 AM PDT by LS
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To: mbraynard
NO she was pulled back from overseas after Aldrich Ames was found to have outted her to the Russkies in 1994. They have been gradually moving her into management ever since.
129 posted on 10/29/2005 4:15:32 AM PDT by marty60
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To: NickatNite2003
This all may be good, and certainly a good lawyer will bring all this out. But you still must wonder why any official would make DEFINITIVE statements ("I said this at that time") when his own NOTEBOOKS have notations in his writing to the contrary. He is either very stupid, or very arrogant. Otherwise the proper answer to all of these was "I THINK I got this from Tim Russert, but I don't recall for sure." or better yet, "I don't recall."

I agree with York. I think Libby is in a lot of trouble, and he better have some "October surprises" in his notes that the investigators have not seen.

130 posted on 10/29/2005 4:17:03 AM PDT by LS
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To: Diddle E. Squat
NRO is no BushBot. If given their choice President Bush would not be President.
131 posted on 10/29/2005 4:20:27 AM PDT by shrinkermd
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To: dsc
If you listened to the press conference, the reason he KNOWS Libby lied about some of these things is that he has Libby's own NOTEBOOKS where he contradicted his own testimony. This is indeed serious for Libby, and we all better hope it stops there.

The question is why was LL so darned insistent on giving a detailed story to the prosecutor? You NEVER do that. You say, "It may have been, but I don't recall." "Perhaps, it was TR, but I don't know." Pull a Clinton.

132 posted on 10/29/2005 4:20:55 AM PDT by LS
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To: TheClintons-STILLAnti-American
"This is the peak of Joe Wilson's life."

Well, he's already written a book, so the only thing left for him to do is: Go to Disney World, or run for public office.

133 posted on 10/29/2005 4:23:51 AM PDT by mass55th (Courage is being scared to death - but saddling up anyway~~John Wayne)
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To: Mike Darancette
I explain this below. These two terms are not interchangeable. Her ASSIGNMENTS at the CIA may have been "covert," because no one is "covert" all the time. Some missions are, some are not. But the assigning of anyone to a mission is "classified," meaning "secret." You can have a non-covert agent with a "classified" assignment, meaning no one is to know what he is working on, but he is not "undercover."

I have worked with "classified" material before. That doesn't mean that no one knows where I work---it means I can't talk about what I worked on ON THAT PARTICULAR ASSIGNMENT.

I don't think the special prosecutor is confused, or avoiding a question. I think he's being very careful to further entrap Libby, and LL better watch it. He's in heap big trouble.

134 posted on 10/29/2005 4:24:11 AM PDT by LS
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To: claudiustg

No, apparently it is LL's own NOTEBOOKS, which are even more damning.


135 posted on 10/29/2005 4:24:42 AM PDT by LS
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To: Dave S
"My guess is that one is in State and the other CIA."

Or both from the CIA.

136 posted on 10/29/2005 4:26:33 AM PDT by mass55th (Courage is being scared to death - but saddling up anyway~~John Wayne)
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To: oceanview

Huh...thanks for digging out this clip...seems logical to me that Libby damaged himself if this has nothing to do with Plame (covert CIA agent My Ass)

One can contrast this with Clinton's behavior, which did involve real criminal behavior.


137 posted on 10/29/2005 4:27:08 AM PDT by rlmorel ("Innocence seldom utters outraged shrieks. Guilt does." Whittaker Chambers)
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To: NickatNite2003
Libby needs to fire his antitrust lawyer and hire a top of the line blood and guts criminal defense lawyer if the Rat's plot is to unravel.

I do not like the way this is unfolding so far.
138 posted on 10/29/2005 4:27:56 AM PDT by cgbg (Boxer and Feinstein confuse the constitution with Mao's Little Red Book.)
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To: tomnbeverly
There are a lot of unknowns here: if someone is on a "classified" (i.e., secret) assignment, whether covert or not, and you leak that, you are guilty of a crime. For ex., if a naval attache is sent on a "classified" mission to deliver documents to a foreign government's naval dept., and a reporter leaks that, the reporter could be guilty of a crime. The attache is not "covert," but the mission is "secret."

Do not for a minute think that Fitzy doesn't understand these subtleties. I think the guy is phenomenally well-prepared, and in details he reminds me of Starr. He knows that merely revealing that Plame was involved in a "classified" assignment (whatever she was doing), whether "COVERT OR NOT" was a crime.

139 posted on 10/29/2005 4:30:31 AM PDT by LS
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To: upchuck; All

Libby "outed" Plame the way anyone who said that Liberace was a homosexual in the Seventies would have "outed" Liberace.


140 posted on 10/29/2005 4:30:59 AM PDT by rlmorel ("Innocence seldom utters outraged shrieks. Guilt does." Whittaker Chambers)
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