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Libby, Cheney avoid stand in leak trial (will not testify, Russert may be recalled by defense)
AP on Yahoo ^ | 2/13/07 | Matt Apuzzo - ap

Posted on 02/13/2007 1:03:39 PM PST by NormsRevenge

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To: NormsRevenge

"Libby says he was preoccupied with national security intelligence and honestly forgot details about Plame. He says he learned her identity from Cheney, forgot it, and learned it again a month later from NBC's Tim Russert and believed it was new information."

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Uh, if he hasn't testfied and is not going to testify, that isn't part of the record and thus is not something he's said. Seems to me, anyway.


41 posted on 02/13/2007 2:11:36 PM PST by TheLawyerFormerlyKnownAsAl
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To: taxesareforever

I wonder if they change the witness seat cushion after a "journalist" like Russert and Pincus testifies?


42 posted on 02/13/2007 2:12:46 PM PST by NormsRevenge (Semper Fi ......)
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To: Freee-dame
Did Russert have counsel with him during his grand jury appearance?

That's the point - Russert was not forced to testify in front of the grand jury at all, rather he testified in his office, for less than a half hour, with his lawyer present.

Yesterday, the prosecutor attempted to show that that courtesy was extended to many of the other "journalists" who were interviewed for the case. I would expect that the defense will highlight (during their closing argument) the impropriety of giving Russert such a softball interview as well as other extraordinary "accommodations" made for Russert, especially when Russert's testimony alone formed the basis of at least two of the counts in the indictment (if I remember correctly).

43 posted on 02/13/2007 2:13:03 PM PST by The Electrician ("Government is the only enterprise in the world which expands in size when its failures increase.")
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To: TheLawyerFormerlyKnownAsAl
Uh, if he hasn't testfied and is not going to testify, that isn't part of the record and thus is not something he's said. Seems to me, anyway.

Last week, the prosecution forced the jurors to sit through an eight-hour-long audio tape recording of Libby's testimony before the grand jury, and so they got it into the trial record through that method.

44 posted on 02/13/2007 2:15:15 PM PST by The Electrician ("Government is the only enterprise in the world which expands in size when its failures increase.")
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To: greyfoxx39
I don't know whether he is aware of Fitz's bias, but either way, if Libby is somehow convicted, the prosecution is setting up a legal defense to overturn the conviction on appeal. Whether they intend to or not.
45 posted on 02/13/2007 2:15:24 PM PST by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: The Electrician

Thanks for the explanation. Sounds like you're following the trial very closely. Did the defense object to the playing of that recording?


46 posted on 02/13/2007 2:19:02 PM PST by TheLawyerFormerlyKnownAsAl
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To: Crawdad
Somewhere in America, there's the dumbest lawyer in America.

Amazing that he pulls down five million bucks a year in the hyper-competitive broadcast media market, isn't it?

47 posted on 02/13/2007 2:20:02 PM PST by freespirited (Demand perfection, get Hillary.)
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To: Williams

Reading the other thread with the synopsis of the testimony to date I don't see anything that damaging to Libby. The only testimony that would hurt Libby is Russert's.

However the defense did a good job of pointing out Russerts own faulty memory. So the question is did Libby lie or did he have a faulty memory? I see nowhere in the testimonies for a reason for Libby to lie. I would vote for a faulty memory. The other possibility is Russert has lied.


48 posted on 02/13/2007 2:21:08 PM PST by Parley Baer
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To: Williams
Man I've been following this trail at the Just one Minute blog and you are sure seeing a different trial than I have seen. Wells has pretty much blown up Fitz's case except for Russert. But the DC jury is a concern. They want to prove Russert knew about Plame when Russert spoke to Libby. That's not at all what they are going to do, Russert got a agreement from Fitz for his GJ testimony which allowed Russert to testify with his attorney present. Wells specifically ask him during his cross if he was aware that that wasn't allowed, Russert answered no he wasn't aware of that. Well the defense has 3 tapes of Meet the Press where he is questioning his guest about just that, showing he did know that it wasn't allowed. Seems he prejured himself or his memory is worse than Libbys. The defense is also going to make the jury aware that Russert was given a deal to secure his testimony. If Libby doesn't beat this case it will only be because of a DC jury, Fitz hasn't proven any of his charges. IMO
49 posted on 02/13/2007 2:21:21 PM PST by federal
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To: TheLawyerFormerlyKnownAsAl

If my recollection is accurate, the defense objected at least on the grounds that the jury was already going to get Libby's grand jury testimony in the form of written transcripts, and therefore there was no need to put them through the eight-hour ordeal...


50 posted on 02/13/2007 2:25:53 PM PST by The Electrician ("Government is the only enterprise in the world which expands in size when its failures increase.")
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To: Williams

Sorry I messed up my html. please excuse me...


51 posted on 02/13/2007 2:27:03 PM PST by federal
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To: federal

I agree with you.

I read the JustOneMinute blog as well, and the case that is being (mis)reported in the media is definitely NOT the case that is being presented.

The defense, I believe, has shot huge holes in Fitz's production.

And Russert? Well, I think he may be tossing and turning tonight.


52 posted on 02/13/2007 2:29:48 PM PST by Shelayne (...And though my heart is torn, I will praise You in this storm... ~~Casting Crowns)
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To: federal
"By not taking the stand, Libby is giving up part of his defense. Walton said he would not allow defense attorneys to tell jurors that Libby considered his national security responsibilities more important than Wilson."

Certainly true the lawyers can't "testify" for their client, but it seems to me the lawyers can still argue to the jurors that this is a reasonable assumption based on the evidence. Pretty wide latitude is given to argument, it may be reversible error if the closing argument is hamstrung.

53 posted on 02/13/2007 2:31:04 PM PST by Williams
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To: Williams; Freee-dame

Including this in the story, when Wilson has been proven a total liar, is so misleading.

Including lies that hurt conservatives, Republicans or the current Administration are reflex actions by DBM writers. As Ann Richards might have said, "They cain't he'p it."


54 posted on 02/13/2007 2:31:17 PM PST by maica (America will be a hyperpower that's all hype and no power -- if we do not prevail in Iraq)
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To: maica

Believe it or not, NBC's Williams just promo'd on MSNBC that NBC Nightly News was going to do a segment on Russert and "Big Russ"; something about how Russert is taking care of him or other such nonsense.


55 posted on 02/13/2007 2:33:06 PM PST by disraeligears (How was the CREAM Madison Square Garden Concert?)
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To: disraeligears

Great, I love the fact Russert made money off his old man by marveling at the fact the father actually had values, which rich snot Russert totally lacks. Second only to Tom Brokaw's amazement that his dad's generation actually fought WWII with bravery, rather than declaring a mutiny and selling out to nazism.


56 posted on 02/13/2007 2:36:14 PM PST by Williams
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To: teddyballgame

Novak testified (after Russert had finished testifying) that his article about Plame was given to his distributors at the AP on Friday, July 11. Russert, as head of the NBC news dept had to have seen that article before we saw it in newspapers on Monday, July 14.

I hope this is what Wells is going to ask him: did you see the embargoed column by Robert Novak.....

Did anyone in your news organization bring this column or its contents to your attention, before your Meet the Press show on Sunday, July 13, 2003.


57 posted on 02/13/2007 2:38:09 PM PST by maica (America will be a hyperpower that's all hype and no power -- if we do not prevail in Iraq)
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To: Williams

Wide latitude but not unbounded. Sounds to me like the record will not contain any evidence of Libby's thoughts on which the jury could possibly base the sort of inference you suggest. Also, will be hard to squeeze
in such an argument when the judge has expressly prohibited it. My guess
is that the defense anticipated the judge's ruling when they decided to not call Libby, so they don't consider the prohibition important. But that's all it is, a guess.


58 posted on 02/13/2007 2:52:30 PM PST by TheLawyerFormerlyKnownAsAl
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To: NormsRevenge

I notice on Imus this a.m. that IMUS believed both Andrea Mitchell and Tim Russert knew about Plame before they ever spoke to Libby or others. They heard this from other journalists.

I also note Frank Rich said he thought this story was overblown and that no one had the intent of "outing" Plame. He does think the Administriation "used a hammer on a flea."


59 posted on 02/13/2007 2:57:21 PM PST by shrinkermd
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To: disraeligears

Sounds like NBC is circling the wagons. They are getting their spin machine into high gear.


60 posted on 02/13/2007 3:00:07 PM PST by Parley Baer
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