Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

WOODWARD COULD KO CASE VS. SCOOTER
NY Post ^ | 11-17-05 | DEBORAH ORIN

Posted on 11/17/2005 5:10:51 AM PST by veronica

November 17, 2005 -- CALL it "Deep Throat 2." The CIA-leak probe is in big trouble because superstar reporter and Watergate hero Bob Woodward has emerged as a surprise witness for the defense — potentially undermining the case against ex-White House aide Scooter Libby.

Woodward yesterday revealed that he's told prosecutors he could be the first reporter to learn from a Bush administration source that Iraq war critic Joe Wilson's wife worked as a CIA analyst — but Libby wasn't his new "Deep Throat."

(Excerpt) Read more at nypost.com ...


TOPICS: Extended News; News/Current Events
KEYWORDS: cialeak
Navigation: use the links below to view more comments.
first previous 1-20 ... 261-280281-300301-320321-334 last
To: Sam Hill
Your equating of **materiality** with a need to have all elements of crime in place is flat wrong.

Materiality is more like "germaneness." There would be no perjury in this case if the witness lies about what he had for lunch, or what he watched on teevee, etc., because those inquiries have absolutely no bearing on the investigation at hand.

The false statement must be material to the proceedings. A false statement is material if it has "a natural tendency to influence, or is capable of influencing, the decision of the decision-making body to which it was addressed." Kungys v. United States, 485 U.S. 759, 770 (1988)(denaturalization proceeding). The testimony need not have actually influenced, misled or impeded the proceeding. For example, potential interference with the grand jury's line of inquiry suffices to establish materiality, because of the grand jury's broad investigative function. United States v. Williams, 993 F.2d 451, 455 (5th Cir. 1993); United States v. Gribben, 984 F.2d 47, 52 (2d Cir. 1993). The government need not prove the legitimacy of the grand jury's investigation which led to the testimony, only the pertinence of the particular testimony to the grand jury's investigation. United States v. Regan, 103 F.3d 1072 (2d Cir. 1997). A similarly broad construction of materiality is appropriate in the context of false declarations made in connection with civil depositions. United States v. Kross, 14 F.3d 751, 754 (2d Cir.), cert. denied, 115 S.Ct. 99 (1994); United States v. Holley, 942 F.2d 916, 924 (5th Cir. 1991), cert. denied, 510 U.S. 821 (1993). But see United States v. Adams, 870 F.2d 1140, 1146-48 (6th Cir. 1989)(false statement must tend to affect the outcome of the underlying civil suit for which the deposition was taken). The statement may be material to any proper matter of inquiry, including collateral matters that might influence the outcome of decisions before the tribunal, such as determining credibility issues. United States v. Kross, 14 F.3d at 755. Materiality is not negated merely because the tribunal did not believe the testimony or sought cumulative information. United States v. Reilly, 33 F.3d 1396, 1419 n.20 (3d Cir. 1994). Furthermore, testimony may be material even if it relates to events as to which the statute of limitations has run, since the grand jury may have legitimate reasons to inquire about such events aside from an expectation of returning an indictment charging those events as crimes. United States v. Chen, 933 F.2d 793, 797 (9th Cir. 1991); United States v. Nazzaro, 889 F.2d 1158, 1165-66 (1st Cir. 1989).

http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm01748.htm

If there is no crime and no possibilty of uncovering a crime, than the testimony is immaterial.

You are trying to make this more complicated that it is.

I think I am wasting my time with you, but others may find the citations useful and edifying.

And, lest we forget, prosecution in cases like this is up to the discretion of the prosecutor. It is selective prosecution to indict for something like this.

I agree with that.

Even you cannot come up with a similar instance. There are none.

I cited one where perjury stood where the underlying offense was impossible because the statute was void due to constitutional infirmity. I don't know the US v. Regan case, so won't comment on it except to say that it appears to stand for the proposition that one does not escape perjury charges just because the investigation is bogus.

321 posted on 11/17/2005 5:56:02 PM PST by Cboldt
[ Post Reply | Private Reply | To 316 | View Replies]

To: Sam Hill
You are either being sophistic or you really don't understand the law.

Both are probably true, in your mind.

Clinton was under oath in a legal proceeding before a judge. It doesn't matter if it is civil or not.

But your test of materiality was whether or not the defendant could be convicted - i.e., no crime, no way for there to be materiality. In the Clinton case, the cash settlement was a condition that Jones imposed for her to drop the case. She dropped the case, and promised not to sue on the same cause of action.

Libby was under oath, and was being questioned by federal investigators. You are excusing lying in that context, on the condition that the investigation cannot result in a charge of the underlying crime. Even DiGenova disagrees with you on that point.

322 posted on 11/17/2005 6:00:35 PM PST by Cboldt
[ Post Reply | Private Reply | To 319 | View Replies]

To: Cboldt

Yeah, you're wasting your time. LOL

You don't even know how the law works, how a Grand Jury works, and you are pulling up all of these bogus citations like you are a lawyer.

I note that someone even called you on your claim to be a prosecutor. I think you got a little carried away.

Enjoy your fantasies. I'm done wasting my time on you. I should know better by now than to feed the trolls.


323 posted on 11/17/2005 6:02:09 PM PST by Sam Hill
[ Post Reply | Private Reply | To 321 | View Replies]

To: Sam Hill
Enjoy your fantasies. I'm done wasting my time on you.

Can't refute the cites, can you.

324 posted on 11/17/2005 6:04:07 PM PST by Cboldt
[ Post Reply | Private Reply | To 323 | View Replies]

To: the Real fifi

My respect for Woodward went up during this.


325 posted on 11/17/2005 6:06:08 PM PST by rwfromkansas (http://www.xanga.com/rwfromkansas)
[ Post Reply | Private Reply | To 231 | View Replies]

To: Labyrinthos
Fitzy still hasn't proven that Libby "lied".

For all Fitzy knows, Russert is the liar. But he indicted Libby. The case is built on sand.

326 posted on 11/17/2005 6:09:34 PM PST by nopardons
[ Post Reply | Private Reply | To 2 | View Replies]

To: MizSterious
Former, FORMER official in AN administration; which can mean in the CLINTON ADMNISTRATION, or even Carter's.
327 posted on 11/17/2005 6:14:20 PM PST by nopardons
[ Post Reply | Private Reply | To 19 | View Replies]

To: Cboldt
Martha Stewart was charged and convicted of tampering with evidence and obstruction. She changed and/or deleted things on her computer. Then, her then s-i-l, who is a lawyer heard about it and made her change it back. Trouble was, Martha had her secretary put it back, but her secretary changed /fixed her grammar, so it was still tampering.

There's more to it than that, but Martha's case and Libby's are 99.999999999999% dissimilar.

328 posted on 11/17/2005 6:21:09 PM PST by nopardons
[ Post Reply | Private Reply | To 304 | View Replies]

To: rwfromkansas

Well, he came forward only cause he had to and only after it was too late to help Libby and while his colleagues like Pincus were breathlessly panting for Rove and Cheney to be indicted, too..


329 posted on 11/17/2005 6:25:26 PM PST by the Real fifi
[ Post Reply | Private Reply | To 325 | View Replies]

To: beyond the sea

I agree as well. The question for me is always, what is in it for him. It strikes me that most "always in the beltway" types are out for themselves, period—whether it is money or power or the all important combination of them both.


330 posted on 11/17/2005 6:33:45 PM PST by pollyannaish
[ Post Reply | Private Reply | To 281 | View Replies]

To: Dave S
Thanks for the info.

I still don't trust the msm and its agents at all. Including Russert. The thing I have real trouble wrapping my mind around is why a guy like Libby, even if he was hubris incarnate, would commit a crime that is so easily disproved.

There is so much more to this than we know. And Woodward's admission does nothing to simplify the situation.
331 posted on 11/17/2005 6:41:05 PM PST by pollyannaish
[ Post Reply | Private Reply | To 299 | View Replies]

Comment #332 Removed by Moderator

To: quefstar
Patience is a virtue- unless your talking about a growing tumor.

You are right. And you should know. Bridges can cause serious head injuries.

333 posted on 11/18/2005 7:10:16 AM PST by AmishDude (Mathematics -- better than science, harder than science, and always true. Always.)
[ Post Reply | Private Reply | To 332 | View Replies]

To: quefstar
Look. let's get this straight. The left and the MSM will make up cr*p to get the WH. Giving up on Libby will not stop that. No point in sacrificing one of the good guys to make them shut up because the won't.
334 posted on 11/18/2005 8:11:32 AM PST by Sunnyflorida
[ Post Reply | Private Reply | To 301 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 261-280281-300301-320321-334 last

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson