Mark Kleiman: Fitzgerald's Mousetrap

[dave29]

http://news.yahoo.com/s/huffpost/20051009/cm_huffpost/008569;_ylt=A86.I2OTR0lDK94AuQ79wxIF;_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCUl

Just back from the LA Blogger Bash, where Jane Hamsher of Firedoglake patiently explained to me her theory, and that of emptywheel of The Next Hurrah, of how it came to pass that Judith Miller suddenly discovered some notes about her meetings with "Scooter" Libby, Dick Cheney's chief of staff, after her grand jury testimony.

If it's not -- as I suspect it is -- a brilliant and plausible inference that accurately ties together disparate facts, it's one of the best pieces of legal fiction ever penned. You should read both of the linked items in full, but here's the idea as I understand it:

1. The revelation of Plame's identity to Cooper and Novak (among others) was part of an attack on Joseph Wilson's credibility that started before, and not after, his NYT op-ed of July 6, 2003. Wilson had already been the unnamed source of press reports casting doubt on the uranium-from-Niger story, and the White House Iraq Group was out to get him, for self-protection and retaliation.

read the rest at the link above

[crispini]

1. Niiiiiiiice.

Original HuffPo post here:

http://www.huffingtonpost.com/mark-kleiman/patrick-fitzgeralds-mous_b_8569.html

[Spazito]

2. Excellent!

Her theory is the only one, so far, that makes sense of why Miller never wrote about any of this yet is pivotal to the investigation. I very much hope her posit that Fitz can now open up his questioning of Miller due to her reneging on her agreement!

[janx]

5. It certainly sounds plausible, but we won't know until next week--

and maybe not even then.

The cozy relationship between the government and mass media is a real travesty.

[FreedomAngel82]

43. It could be very possible

Remember Armstrong Williams? Weren't there three/four other "reporters" too? Remember those ads that were disguised as "news" stories promoting Bush's policies?

[longship]

3. Interesting take on a complex topic.

This is speculative but I love Kleinman's tag line.

...do not enter a spy-novel-writing contest against Jane Hamsher or emptywheel. I don't often encounter anyone with a mind more devious than my own, but in this case I bow to either superior penetration or superior invention. Whether this is Fitzgerald's plot or Jane's, its author has a wickedly brilliant intellect.

Nominated.

[H2O Man]

4. A "must read"!

Thank you for posting this. It is an example of accurate information that DUers should enjoy!

[writes2000]

6. OMG, if this is true Fitzgerald is the BOMB!

Miller has to be crapping herself. She just opened up Pandora's box by telling a lie. YES!!!

[janx]

7. Miller, Libby, Rove--

They're all trying to hide.

[FreedomAngel82]

44. I agree

:loveya:

[Cha]

8. Extraordinary! I wonder if it irritates

Fitz that little martyr judy is out there pissing and moaning about the "souless"ness of jail and coaching the likes of lou dobbs to say he "will never forgive Patrick Fitzgerald"?

[H2O Man]

9. No.

It doesn't bother him in the least. He wants to make his prey react.

[Cha]

13. Actually, I meant in

respect to judy's only pretending to be a martyr. It seems like the real reason she went to jail has nothing to do with the reason she's giving out and the m$m is lapping up.

Sorry, I didn't make myself too clear on that.

I'm hoping Fitz is able to show the world what judy is really about.

:fingerscrossed:

[H2O Man]

16. Right.

You were clear. He has been flushing his prey. Judith will be exposed.

[Cha]

17. Yay! I avoid m$m but

when I was watching Jon Stewart the other night..I caught part of a clip with judy spewing her sanctimonious martyrdom and I wanted in the worst way for her to go down for what she's done against our Country. How dare she sell it down the river..her and sulzberger?

[AuntiBush]

29. Thanks, again H2O Man!

Enjoy all of your insightful postings. You've educated this average-gal well, and for that I can't thank you enough.

Hope Judith exposes all of them and justice finally prevails. I miss my country :(

[H2O Man]

37. What is funny

is that Judith's best efforts to hide the lies may be a significant factor in exposing them. The circumstances of the day have left poor Judith vulnerable to such exposure.

I'm glad that you enjoy the information I post on DU regarding this case.

[AuntiBush]

38. Always Do!

Sincerely. Thanks, H2O Man!

[Media_Lies_Daily]

32. Bingo. Fitzgerald's wheels are grinding toward justice....

...and they are unstoppable.

[H2O Man]

36. Right.

The right person at the right time. I have had a few of the DUers that I have great respect for ask me questions -- good questions, valid questions, very sincere -- that have to do with Fitzgerald as a man. Questions of character, in the context of "is he not part of 'the machine'?" And yes, he is a federal prosecutor. Neither democrat, nor republican, but clearly he has contact with politicians of both backgrounds. And he has been involved in a large number of cases, some that have had fantastic outcomes, some with lesser results.

What is important, of course, is that he be at his very best on this case. That everything he has done in the past -- including any and all mistakes he may have made -- have prepared him for this day. Because, sure as heck, our country needs his best effort. And that's not just a democratioc thing .... it goes way beyond "politics."

I think he is up to the challenge.

[texpatriot2004]

39. The wheels of the gods grind slowly but they grind exceedingly

FINE. ~old English proverb

[FreedomAngel82]

45. If he is like I am with anger

it probably motivates him to do the job better and everything. I know when I'm really upset about something it makes me want to work harder and faster. Apparently from what I've heard of Fitzgerald he is one of those guys who is a work-a-holic and likes to "go after blood" so to speak.

[Seansky]

10. Worth reading. When the Rove, Libby, Miller et all conspiracy investigatio

is over, Fitzgerald might turn out to be the only smart person capable of confronting this corrupted admin. He'll go down in history as an amazing figure and role model, even if he decides not to indict Rove.

Thanks for posting/writing this. Nominated.

[LizW]

11. This is fabulous, but would Miller really be that stupid?

Assuming Hamsher is right, could Miller really be so stupid as to think she could pull that off?

I have been thinking that the "deal" to confine Miller's testimony to Libby was like taking out a big ad in the NYT that says "Hel-LO??? There's another SOURCE!!! One bigger than Scooter Libby!!!"

And what prosecutor worth his salt would let that go unexplored?

Of course, it could be not stupidity, but desperation, that is making Miller go to such dangerous lengths to protect the other source (Cheney, in my opinion).

I believe Cheney was a direct source for Miller, and not just about the Wilson/Plame matter, but about other stuff leading up to the war. And if Cheney gets exposed on Wilson/Plame, then the other stuff might very well hit the fan, too.

[janx]

14. Well, consider what she has done so far.

It appears as if she became, for at least awhile, an extension of the Iraq War Group, a propaganda arm for them. The height of stupidity (not to mention the ethics of the matter) was to produce bogus articles about "weapons of mass destruction" and then protect those who urged her to do so. And what about the Chalabi interviews?

That's pretty damned stupid.

So I think your second conclusion is more accurate. She's now reached a point of desperation.

[AuntiBush]

30. Stupidity: NO Greed, Arrogance & Power: Yes!

The root to all evil.

[longship]

21. Not stupid, but maybe she didn't see the jujitsu move.

nt

[texpatriot2004]

12. An absolutely likely scenario. It provides reasons for Judy's

behavior.

[converted_democrat]

15. Wow. n/t

[williesgirl]

18. The plot thickens... Recommended n/t

[DearAbby]

19. Extremely interesting read...

:popcorn:

[Pithy Cherub]

20. How badly is Judy regretting being the designated bush league team

popaganda catapaulter? Egg in her hair, on her face, down her back and all over her friends....:popcorn:

[Straight Shooter]

22. Patrick Fitzgerald.

:toast:

[jbnow]

23. Who IS that guy?

I do know some of Fitzgerald's legal history but he sounds like some legal superman even just reading his past.

It's amazing that he was assigned this case. Did Ashcroft assign him? Why would they pick such a bulldog?

He must have a crystal pure past...if they could find things on him they sure would use them.
If he is as honest and bright and thorough as he seems...may the truth come out. We just need the truth and here is to hope he ferrets it out fiercely.

[cassiepriam]

24. My God, sounds like an episode of LAW AND ORDER.

Go Go Go! Just once, can the law prevail, and justice
be served? Is that too much to ask?

[njdemocrat106]

33. Geez, once this thing is all wrapped up...

with indictments, convictions, and sentences, they could probably create another new Law & Order series! Are you listening, Dick Wolf? ;)

[cassiepriam]

35. Maybe they will make a movie, or book. nt

[murielm99]

41. "His strength is as the strength of ten because his heart is pure."

[Oilwellian]

25. I love this little tidbit

And meanwhile, every day the NYT goes without telling some version of the story they take a further hit to their claim to have been protecting the principles of journalism. How can you claim to be protecting journalism if you're actively and demonstrably trying to bury a story? How can you claim to have been protecting the right to expose the full truth when you're cowering from that truth now? Unfortunately, the NYT can't tell the story to the public until they figure out precisely what their story to Fitz is going to be, finally. And it would help if Saint Judy would finally figure out her story. But that may take a bit of time yet. "Not going to talk about it."

http://thenexthurrah.typepad.com/the_next_hurrah/2005/10/sweet_judy_blew.html#more

[lovuian]

26. Fitzgerald is freakin Brilliant & these so SMART mafia types

who are now in deep dog doo!!!

[Halliburton]

27. Fitzgerald called Wilson after debriefing her

he knew she was lying about something. now Judy is scrambling to save her ass. hopefully she'll be punished for her hatred of America and acts of treason.

[leftchick]

28. OMG! This is such a good read!!!

<snip>

6. Once Miller's testimony was over, Fitzgerald called her lawyer and said, "Why didn't your client mention the June conversations when she was asked about them?" It was that phone call that triggered Miller's sudden discovery of the June notes.

7. Having caught Miller committing perjury, Fitzgerald is now in a position to, in effect, renege on his agreement to ask her only about her conversations with Libby. Under the terms of that agreement, Fitzgerald can't compel her to testify about conversations with other people, but she can of course do so voluntarily. And Fitzgerald can tell her lawyer that if she fails to volunteer, she may be looking at substantially more than 85 days behind bars on charges of perjury, conspiracy to obstruct justice, being an accessory to Libby's violations of the Espionage Act, or being a co-conspirator with him and others in those violations. (This is perfectly acceptable prosecutorial conduct, not even close to any ethical line.)

Instead of a mere percipient witness, Miller is now a potential defendant, and Fitzgerald can try to "flip" her against all of her sources, not just Libby.

Jane concludes:


Note to self: do not EVER play poker with Patrick Fitzgerald.

[jazzjunkysue]

31. It's easy to assume Wilson told Fitz, and it all makes sense.

This is great. I'll pay real money to see this. :wow:

[mmonk]

34. Just a conjecture

by Jane, but a darn good one!

[burrowowl]

40. Kick!

Very, very INTERESTING!

[FreedomAngel82]

42. Wow

I found point two very interesting and one I've never thought about before. I think that could be true. Any indiciation of this in Wilson's book? And this is going to end up being so good. You can just feel it. Judy is desperate now not to go back to jail. I think she probably cares more about her reputation than anything else.

[Neil Lisst]

46. Her theory is sound, and is probably correct, except ...

Except, she had to have made a deal with the prosecutor we haven't heard about yet. By catching her in the lies, the prosecutor could force her to cut a deal for immunity. She's the one who can hang all these guys on conspiracy to obstruct justice, and obstruction of justice.

Her 2 mil book deal isn't much good if she doesn't have a guaranteed walk deal before she coughs up the evidence she "forgot."

I think Judith Miller is about to become the John Dean of this crew.

Swweeeeeeeeettttt!

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