Posted on 02/07/2007 7:26:24 PM PST by kristinn
The courtroom was packed, the overflow room was packed, the street in front of the Prettyman building looked like it did back when the Lewinsky scandal was in full flower. All the attention was for the media's star witness against President Bush: Tim Russert. Actually, Russert was prosecutor Patrick Fitzgerald's star witness against I. Lewis Libby.
I arrived in the afternoon, a few minutes into the cross examination of Russert by Libby's attorney, Theodore Wells.
Russert started off strong, a little too strong in his demeanor on the witness stand. He didn't want to get boxed in by Wells' questions so he kept elaborating beyond what was asked. The point of exasperation was when Russert asked Wells a question.
Eventually Wells, with backing from Judge Walton, admonished Russert.
From other reports, Fitzgerald only questioned Russert for ten minutes to get his testimony on the record that he didn't tell Libby about Valerie Plame in their July 10, 2003 phone conversation.
Wells kept Russert on the stand for longer than that. A lot longer, with plans to keep Russert on the stand for two more hours when court resumes tomorrow morning.
Wells was able to once again call into question the veracity of the infamous FBI 302 summaries of witness interviews with Russert's testimony that his recollection of his FBI interview differed in some respects with the agent's notes.
The more interesting testimony, though, came when Wells brought up a public example of Russert's flawed memory for important phone calls. The questioning was based on this episode as recounted by The Washington Post's Howard Kurtz in June 2004:
Tim Russert has told the Buffalo News he regrets an error he made in a recent Washington Post Magazine interview.
Russert had said he never called News reporter Mark Sommer to complain about a negative review of his performance in moderating a Hillary Clinton-Rick Lazio Senate debate in 2000. But Sommer says in an interview that Russert called him twice about the piece and "was furious. . . . I was struck how a guy who basks in the reputation of being a tough reporter can't handle criticism when it applies to himself."
"I just plain didn't remember it," Russert says in an interview,...
Russert testified that he later remembered the phone call to Sommer when he reviewed a letter he had written to Sommer at the same time as the call that had a notation that he had indeed called Sommer.
Wells made a point of repeating many times the title of a Buffalo News article about the incident. I wasn't taking notes, but the headline was something like: Russert's Public Memory Lapse.
He got Russert to agree that he didn't deliberately lie about the phone call and that he was confident he was being truthful when he told Kurtz he hadn't called Sommer.
Wells noted that Russert's memory lapse occured a few months before his grand jury testimony in the Plame case.
Russert testified he has no notes from his conversation with Libby on July 10, 2003. His recollection is based solely on his memory--which his testimony showed needs prompting.
If Russert and Fitzgerald were feeling a bit crestfallen by the exposure of Russert's faulty memory, their moods went south quickly when Wells introduced into evidence the sworn affidavit that Russert submitted in an attempt by him and NBC News to squash the grand jury subpoena for Russert in 2004.
The affidavit began with Russert explaining what a big wheel he is in the media, lists his awards, and then explains how he has sources all throughout the government that he protects with promises of confidentiality. The affidavit then says that because of Russert's promises of confidentiality, he cannot even confirm to the government whether the conversation with Libby took place, let alone tell what was said.
Wells revisited the interview with the FBI agent, named Eckenrode(sp?), which took place in November 2003--many months before the affidavit.
Wells pointed out that Russert spoke about the conversation with Libby with the FBI agent without even verifying that the man on the phone was indeed an FBI agent or whether Libby had indeed waived confidentiality on the conversation.
Russert tried to weasel out of it by saying he considered Libby's phone call a "viewer complaint" about Hardball's coverage of the Joe Wilson story and that he had only told the agent his side of the conversation because the agent told him Libby was saying Russert told him about Plame.
Wells hammered home that Russert had not included this conversation with a government agent in his affidavit--raising the possibility that Russert filed a false affidavit with the court.
By this point Fitzgerald was slouched in his chair, intently staring at the jury to gauge their reaction to his star witness getting methodically taken apart.
Judge Walton recessed for the day a little before 5 p.m. He asked Wells how long he intended to question Russert when court resumed in the morning. Wells answered, with Russert watching from next to the witness box where he was leaning on his crutch, that he would question Russert for a long while. He repeated that answer when Walton asked him again. The third time Walton asked him Wells said about two hours.
Russert left out a side door while Fitzgerald and Wells spoke with Walton about the schedule for the trial.
As the media filed out, there were few happy faces to be found among them.
Thank you for covering the trial for us. Brian Williams said Timmy's testimony wasn't challenged like the other reporters. Brian seemed triumphant. Williams will have Tim on Nightly News after his testimony is finished, perhaps tomorrow night. I'll be comparing their account with yours, and yours wins.
Russert says he had one meeting with the FBI and they say they had 2, right? And Russert said that got it wrong, which, I have read, is what ALL the press is saying.
Interesting.
I don't the answers to those questions off the top of my head. I'm getting tired so I'm off to bed. I just read the NY Times account and they buried the fun stuff, naturally.
Very, very good and appreciated!
Exactly which court is this?
Great post! Thanks for being our eyes and ears in this courtroom where a good man is being harrassed, abused and unjustly victimized by Fitzgerald.
From your fabulous notes:
Wells pointed out that Russert spoke about the conversation with Libby with the FBI agent without even verifying that the man on the phone was indeed an FBI agent or whether Libby had indeed waived confidentiality on the conversation.
Russert tried to weasel out of it by saying he considered Libby's phone call a "viewer complaint" about Hardball's coverage of the Joe Wilson story and that he had only told the agent his side of the conversation because the agent told him Libby was saying Russert told him about Plame.
Wells hammered home that Russert had not included this conversation with a government agent in his affidavit--raising the possibility that Russert filed a false affidavit with the court.
By this point Fitzgerald was slouched in his chair, intently staring at the jury to gauge their reaction to his star witness getting methodically taken apart.
------
Thanks, Kristinn. Great reporting. Russert caught lying has made my day complete.
I guess most viewers have Russerts personal phone number?
I hope Wells drags this lie around the court room nice and slow for all to see, and then makes Russert eat it.
Sounds to me like Russert could have a rough day tomorrow.
You watch Brian Williams??? I feel your pain.
Previous foot in mouth incident. don't know if it will clear up, or..uh, can't recall if it will get better.
Great job Kristinn!! Way to go Mr. Wells!!
I'm surprised he didn't go in there with a white cane and a seeing eye dog.
Thanks. You're the best. Without your reporting I'd never know just how effective Wells was in defending Libby.
But, lawyers file motions to "quash" subpoenas, not "squash" them.
This is by far the best account I've read anywhere. Not a good day for Russert, and maybe tomorrow will be even worse. And all this after breaking his ankle by tripping over his dog. February, "the cruel month," or is that April.
What kind of a "church group" goes on tours like that?
I was thinking of exactly that today when I read that Russert said they saw Wilson's op-ed on an advance wire and had him on the same day it appeared in the paper. I have thought from the beginning that this was an orchestrated effort.
I don't know how it can be reported that Russert did well. His memory, his journalistic integrity and his lack of inquisitiveness were all questioned without reasonable explanation from Russert. And on top of that, Russert disagreed not only with Cheney but with the FBI notes. Those are a lot of body blows...I can't wait to see where Wells goes with this tomorrow.
--Wells answered, with Russert watching from next to the witness box where he was leaning on his crutch--
I believe that's a typo - it should say CROTCH, not crutch ;-)
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.