U.S. Lawyers: LIBBY MAY HAVE DISCLOSED IRAQ SECRETS

[kpete]

U.S. Lawyers: Libby May Have Disclosed Iraq Secrets
By JOSH GERSTEIN
Staff Reporter of the Sun
November 17, 2006

A former White House aide, I. Lewis Libby, may have disclosed conclusions from a highly classified government report on Iraq to journalists before the report was declassified by President Bush, federal prosecutors said in a new court filing.

Mr. Libby resigned as chief of staff to Vice President Cheney when he was indicted last year on obstruction of justice and perjury charges in connection with an investigation into the leak of the identity of a CIA official, Valerie Plame.

The special prosecutor who oversaw the probe, Patrick Fitzgerald, has not charged Mr. Libby or anyone else for participating in the leak. It emerged recently that the first public account of Ms. Plame's employment, in a 2003 column by Robert Novak, was triggered by comments from a State Department official, Richard Armitage.

Attorneys for Mr. Libby have asked that the prosecution be precluded from arguing at trial that Mr. Libby acted improperly or illegally when he discussed a National Intelligence Estimate on Iraq with the press. The issue ties into the criminal case because in some of the conversations about the estimate, Mr. Libby is alleged to have mentioned Ms. Plame or answered a question about her.

more at:
http://www.nysun.com/article/43724

[babylonsister]

1. Burn, Libby, Burn. Iraq secrets, CIA identities, what else is he

guilty of?

[riderinthestorm]

2. When does this trial start again?

January right?

(rubs hands gleefully!) I am really looking forward to this.

[DoYouEverWonder]

3. Isn't disclosing state secrets

Treason?

[rateyes]

16. It's technically a violation of the Espionage Act...

10 yrs in jail, and if the classified info deals with WMD, it carries the death penalty.

[Demit]

4. Sounds like Fitzgerald is pretty well countering every defense attempt

if I read this right. It sounds like they're running out of room to wiggle.

[Prisoner_Number_Six]

5. Fitzgerald... Fitzgerald- I seem to recall the name

Wasn't he someone we once pinned a great many hopes on- before he quietly faded back into the woodwork like a good little Republican clone? :shrug:

[DoYouEverWonder]

7. Obviously, you haven't

been following the case.

Just because the FAUX doesn't cover the story, doesn't mean nothing has been happening. Don't believe everything Karl Rove tells you.

[Frustratedlady]

8. Keep the faith. Maybe he will give us that Fitzmas gift we've been

waiting for. January sounds like it's going to be pretty full...what with OUR people taking over and all those investigations/subpoenas popping up out of nowhere. I replenished my stock of popcorn, this week, so whenever they want to get the show on the road is fine with me.

[madokie]

28. yea he is the one but he warned us up front to not put to much into anything

that this is a slow process and that he was meticulously going to about it, didn't he :shrug:

[LynnTheDem]

6. Treason for political gain is a way of life for the Republic party.

So this ain't a surprise.

[leveymg]

9. This doesn't square with statements made that Cheney had authorized that leak

before it was made. Subsequently, Bush admitted he had authorized disclosure of the NIE without first seeking the written agreement of the CIA Director. That was a violation of the legal procedure.

See,
http://www.dailykos.com/story/2006/2/10/105540/799
http://www.dailykos.com/story/2006/2/16/12759/5214
http://www.dailykos.com/story/2006/4/8/165035/8373

Anyway, according to the NY Sun, this is how the prosecution is parsing Libby's disclosures of classified CIA materials to selected members of the press:

According to the prosecutor, Mr. Libby testified initially that he was told of the declassification just prior to a July 8, 2003, meeting he had with Judith Miller of the New York Times. However, Mr. Fitzgerald said Mr. Libby "was unsure" whether the declassification took place prior to meetings he had with a Washington Post reporter, Bob Woodward, on June 27 of that year, and with another Times journalist, David Sanger, on July 2.

"Defendant testified that he recalled a ‘go-stop-go' sequence in discussions concerning authorization to disclose the NIE, that is, he was authorized to disclose, then he was instructed to hold off, and then later told again to disclose," Mr. Fitzgerald wrote. He also said Mr. Libby testified that he may have "slipped" in discussing with Mr. Sanger the report's conclusion that Iraq was "vigorously trying to procure" uranium.

"The government simply wishes to make clear that it cannot affirmatively agree that each time defendant disclosed the NIE, he was authorized to do so," Mr. Fitzgerald said.

In other words, Bush and Cheney are claimimg that Libby disclosed more of this classified material than they authorized. Hmmm . . . :eyes:

[Pithy Cherub]

14. Cheney's truthiness

may be what brings down Libby. If Cheney is publicly impeached as a witness, it makes it heavy lifting for Scooter to resist Fitz's deal. Out of self-interest the Bush/Cheney cabal is throwing him under the bus and Libby has to choose his response, major jail time or moderate jail time. The vice grip Fitz has on him is biting into flesh now.

:popcorn:

[rucky]

10. Of course he did. n/t

[bleever]

11. Oh Scooter: say you didn't.

Of course, we won't believe you, but say it anyway.

[porphyrian]

12. We're going to need quite a few special investigators in the next year...

...otherwise, it could be decades before we even identify all of the crimes they've committed and who committed them.

[H2O Man]

13. Let's hope our

trusty DU resource provides us with a link to the filings!

(There are some new Libby civil case filings from earlier in the week on Scooter's site.)

[Pithy Cherub]

15. Definitely has my Resource MVP vote!

I'd be lost without those links... and without your contributions as well!

[upi402]

17. between H2O man's posts and your sig line

I'm feelin' pretty good.



:popcorn:

[Disturbed]

19. Will Cheney be called to testify?

If so, will Cheney refuse? If he does so, what then?

[H2O Man]

21. Great questions.

First: yes, the Libby legal team has already informed VP Cheney's attorney that they intend to call him.

Next, he has agreed in theory, but the question becomes "how?" My understanding is that there are influences who do not want Dick on the witness stand. They would much prefer that he give a pre-recorded statement, to be played to the jury.

That brings us to your third question: it may be that Mr. Fitzgerald wants to have Dick on the witness stand. While he has shown a great deal of respect to the Offices of the President and Vice President, it has become evident that he is focused on VP Cheney's role in getting Scooter to do the behind-the-scenes tasks that he did to compromise Ambassador Wilson.

Cheney's legal team does not want him on the stand. That is for a number of reasons. The most obvious is that they know that Mr. Fitzgerald knows he was deeply involved in the conspiracy to damage the Wilsons, and wants to have a chat with Dickie-Boy. The second reason is that they are concerned that the Wilson's civil suit gains strength by having Cheney participating in this trial, especially if he is on the stand.

[fooj]

24. Will Cheney take the fifth?

[upi402]

25. and how could he deny being compelled to testify?

He is not above the law, not royalty. His Republicans will not be in charge in 2 months.

Wouldn't he be smart to get on record before the Dems start in at them all?

[H2O Man]

29. I do not think

that there are any good options for VP Cheney in regard to Libby's trial. It is important to remember that Scooter came very close to accepting a plea "bargain" in the four weeks before he was indicted. His refusal is believed to be a result of his not accepting the thought of a lengthy time of incarceration. However, we should remember that criminals like Libby have an alternative to lengthy incarceration, and that is to rat out someone more important than themselves.

In this case, the trial will go on as scheduled, unless one side breaks down. It seems safe to say that Mr. Fitzgerald is not going to. It may be that he would offer the same option(s) to Libby. But he may have some more specific demands relating to another person involved in the case.

Scooter is the only one who is apt to break. It is a lonely thing, being a defendant facing a lengthy incarceration. Those supporters donating money to his defense will be on the outside, enjoying their lives. His attorneys won't be in jail with him; they'll be spending that donated money on their vacations. Scooter's co-workers from the White House days will be busy. Judith Miller will be watching the leaves turn.

Now Cheney has to rely upon Scooter keeping quiet, and being willing to go to jail. There was a time when Scooter had to have faith that Dick could influence George, and get a pardon. Now he sees that Dick is being marginalized. That reminds us of when some of the Watergate gang got antsy, waiting for the pardons they were promised.

I'm not sure that Dick wants to be any more "on the recrd" than he already is -- keep in mind that he is legally on the record already, and he can't afford to change that record. His best hope is for the case to go away, by Scooter accepting a lengthy stay behind bars.

[fooj]

30. Yes. "Marginalizing" Dick certainly changes things.

Thanks for your input.:hi:

[H2O Man]

27. It is in Cheney's

best interests that the trial not take place. If it does, he has signaled he will testify in some manner.

[blogslut]

18. cue stop the bleeding

:)

[Kingofalldems]

20. I don't think Mr. Bush can pardon him now

Subpoenas from both the House and Senate would be forthcoming.

[tritsofme]

22. He won't pardon until mid January 2009

Possibly right before the inauguration so its buried in the backround.

[rosesaylavee]

23. That is... if * is still around in January 2009.

:)

[Festivito]

26. Why no outrage that Bush declassified it?

Bush declassified a covert WMD investigator prior to entering war in Iraq over WMDs. Last I recall it was either Bush or Cheney and they did not want us to have a handle on which one.

[stepnw1f]

31. Wait for It... Wait for it....

MERRY FITZMAS!!!!!