Extry! Extry! Read All About It! Libby Admits Treason!!!

[kpete]

Prober: Libby plays traitor card

BY JAMES GORDON MEEK
DAILY NEWS WASHINGTON BUREAU

WASHINGTON - Vice President Cheney's indicted former top aide was accused yesterday of threatening to divulge America's biggest national security secrets in court unless a prosecutor backs off.
Special Counsel Patrick Fitzgerald compared Lewis (Scooter) Libby to America's worst traitors by saying he's using the favorite legal tactic of spies trying to avoid a trial or death sentence.

Fitzgerald urged a judge to reject Libby's request for 277 CIA-prepared documents from 2003 known as the President's Daily Brief - the most sensitive national security memos in the U.S. government - by arguing it was just a ploy to kill the case.

"The defendant's effort to make history in this case by seeking 277 PDBs - for the sole purpose of showing that he was 'preoccupied' with other matters when he gave testimony to the grand jury - is a transparent effort at 'graymail,'" Fitzgerald said in new court filings.

http://www.nydailynews.com/news/wn_report/story/392432p-332828c.html
via:http://www.dailykos.com/storyonly/2006/2/18/10512/5320

edit to include: Fitz response to Libby
http://justoneminute.typepad.com/main/files/Libby_060216.pdf

[Swamp Rat]

1. FRY HIS ASS!!!

[goodboy]

12. I'd rather see them all hanged by their necks with the boot-laces of the

troops they sent to their deaths with their lies.

[MadisonProgressive]

16. Your gonna kill me one of these days

I almost drown in my coffe again! Coffee-->Laugh-->Nose--!

[Katherine Brengle]

56. If there is a Hell, they can fry him there--we don't do that kind of thing

remember?

[Swamp Rat]

59. Nope, I don't remember... what do you mean we?

:shrug:

[Katherine Brengle]

61. I've personally never met a liberal who supported capital punishment

is all. I certainly don't.

I say send him to Gitmo--the administration loves that place and how it is run.

[Swamp Rat]

62. Actually, I am against the death penalty AND torture.

I was just being snarky... and I'm very pissed off about what happened to my city and what is happening to our country.

peace from New Orleans

[Rainscents]

60. LOL... You truly are artist, Swamp Rat!

[Nikki Stone 1]

2. Way to go Fitz!

:kick:

[bigtree]

3. week's word

graymail

[KoKo]

4. Wow! the Daily News report of what Fitz said is much better than the

AP report that was posted yesterday. This one is much clearer about what Fitz was implying... :applause:

[Babel_17]

15. Absolutely! K&R nt

[Clark2008]

5. OK... maybe it's disingenuous of me, but I kind of WANT

to see those 277 CIA-prepared documents open to the public. It would be interesting to see what happened up to and surrounding 9/11. We know about August 6, but what else was there? :shrug:

[catabryna]

14. Wouldn't we all! n/t

[mom cat]

37. Me too. I bet there are things that are not in keeping with international

law for starters that we should know about.

[Twist_U_Up]

6. Whos the judge ? I say he walks

Not to hard a prediction . After Anthrax,9-11,Election Fraud 2000-2004,NSA,Katrina etc. etc. etc.

[Nostradammit]

35. Always with the negativism, Twist_U_Up -

Why is that?

If I thought as you do I'd just have to give up the fight.

Is that what you're suggesting?

[Missy Vixen]

7. Another day, another transparent

attempt by Libby's representation to get a dismissal.

>it was just a ploy to kill the case<

It IS a ploy to kill the case. There is no other reason for Libby to get his hands on those 277 PDB's. None at all.

Julie
president for life of the PFEB

[giant_robot]

8. Why would he need ANY classified documents

to defend himself on the charges of perjury and obstruction of justice? The man's a slimeball.

[TahitiNut]

9. How much time did Libby sleep? Vacation? Eat out? Socialize?

I just don't buy the 'preoccupation' excuse for a second when the issue we're talking about was at the very top of his "to do" list. Fitz could chronicle Libby's social activities. I'd be willing to bet Libby spent one helluva lot of time schmoozing with power-brokers and influence-peddlers - like EVERY crotch-sniffer in this White House.

[buddysmellgood]

10. Basically, Libby is saying he leaked classified information before and he

will do it again to cover his personal ass. National security doesn't even enter the mix for him or Bushco.

[Me.]

11. All Right FitzG.

Have to say, that though the DN is considered a rag, they sure know how to cut to the chase and in this instance, "It's a beautiful thing".

[catabryna]

13. Well, I'm sold...

I'm now satisfied that Fitz's goal to bring this case to trial and get a guilty verdict is genuine. I read the response to the motion to compel and it is clear that this seasoned prosecutor has looked at this case from all angles and knows what he needs to do to keep it from being halted by the executive branch.

And, of course, we know that Libby's attorney is no slouch, either. He knew exactly what he was doing by pursuing a motion to compel these materials. They are hoping for a decision from the judge that will effectively shoot down the prosecution's case through chaos. I think the George case relied on by the government is pretty solid and fits the circumstances of this case rather well. Were it otherwise, Libby's attorneys would be latching on to it rather than relying on the Fernandez decision. George is clearly more compelling.

In reading this brief, it is now clear to me that Fitz is smart enough to get this job done. It is the job of a prosecutor to to be able to get a guilty verdict and he is trying hard to avoid the pitfalls that would prevent this from happening. It also gave me some additional insight into why there have been no additional indictments as of yet.

Of course, the Court is the final determinant, and I'll be curious to see what reasoning they use if they choose to side with the defense. It will surely show what side their bread is buttered on.

[ginnyinWI]

17. where will it lead--how far will this take us?

If Libby is convicted, does Cheney go too? And will Fitz be able to get Rove? This special prosecutor may yet prove to be the undoing of the whole cabal. Without Cheney and Rove, what's the chimp got? Stupid Rummy? Clueless Condi? Catty Karen? If they had any better people, they'd be using them by now!
If nothing is done, our country will be suffering for three more years.

[catabryna]

22. Hard to say...

We have no idea what is going on behind-the-scenes with the grand jury so, it's difficult to know. I would be surprised if this investigation results in the taking down of this administration. I'm afraid that the effect of any prosecution will produce little in terms of immediate gratification and instead will be shown/felt down the line. Problem is, most of our citizens seem to have a very short memory or an unwaivering allegiance. That doesn't mean that I believe there will be no further indictments. I do believe we will see them if Fitz knows he has an airtight case.

Fitz is in a difficult position. To bring questionable charges that run the risk of not going anywhere would give our opponents the "prosecutor is nothing short of a democratic hack in disquise" excuse. All we need to do is look at what they are trying to do to Ronnie Earle and his prosecution of DeLay. Ronnie Earle, too, was smart enough not to bring charges until he felt certain he could get a conviction.

We had a valid reason to say those things about Starr, but would we really want to see the pugs hang Fitz out to dry? That is exactly what would happen if he doesn't make certain he is walking on solid ground. We all know the lowdown, and I'm sure he does as well, but he has to make sure he can walk the walk, so to speak.

I'm certain those PDBs contain a lot of great information that would help bring these people down, but we won't be seeing them anytime soon. Gawd, wouldn't we all love to see them? But, even if they were released to Libby's attorneys, we would still never know their contents as they would remain under seal. If they did release them for public consumption, they'd be so redacted, we'd never be able to figure out the contents.

Sucks, eh?

[Me.]

20. Another Theory As To What Libby's Lawyers Are Doing

As put forth by H20Man in another thread, is that they are laying the groundwork for further charges which may be filed against Libby down the road, such as conspiracy.

[kpete]

23. hmmmmmm

H20Man has some smarts - yeah!

[catabryna]

24. I'm going to have to go and find that thread...

because, that is definitely an additional angle to take a look at. One thing is certain, both sides are taking this matter VERY seriously and good lawyers don't take such things lightly when they are aware that the stakes are quite high!

[Me.]

26. He Makes Some Pertinent Points

Here:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x456104

[catabryna]

25. Thanks for the heads-up!

I just worked my way over to his blog entry. Awesome perspective!

[A Simple Game]

41. Please rethink your following statement.

"It is the job of a prosecutor to to be able to get a guilty verdict"

I feel it is the job of a prosecutor to be able to convict those who are guilty.

But hey, in this case it amounts to the same thing.

[H2O Man]

45. A prosecutor's job

is to seek justice.

[catabryna]

48. And, I agree with your sentiment, as well. Thanks! n/t

:)

[catabryna]

47. I agree with you...

your revision sentence is a more accurate reflection of my thoughts. Thanks! :-)

[chat_noir]

18. K&R

[upi402]

19. k/r

great news!

[EVDebs]

21. The Edwin Wilson Defense strategy ! eom

[lovuian]

27. Libby is so cooked...

and roasted and toasted...

[PegDAC]

57. Stick a fork in him.

He's done!

:D :evilgrin: :grouphug:

[kpete]

28. In case anyone wants more to read:

the hearing transcript (PDF) from the February 3, 2006, Libby scheduling conference and hearing.

http://movies.crooksandliars.com/US%20v%20Libby%20CEPA%20Heaing%20Transcript%2002%200...pdf

and I just found this:

Five Agencies Review Libby Case Evidence
By TONI LOCY, Associated Press Writer

Monday, February 13, 2006

(02-13) 18:36 PST WASHINGTON, (AP) --


Five government agencies are reviewing classified evidence that I. Lewis "Scooter" Libby may want to use at his trial to fight perjury and obstruction-of-justice charges, according to a court transcript made public Monday.


During a Feb. 3 hearing, Special Prosecutor Patrick Fitzgerald told a federal judge that the review of classified materials is being done by the CIA, National Security Council, National Security Agency, State Department and several components within the White House, including the offices of the president and vice president.


The outcome of those reviews will determine whether the case against Libby, Vice President Dick Cheney's former chief of staff, gets bogged down in a legal battle pitting the government's desire to protect national security secrets against a defendant's right to a fair trial.


Libby's trial is set for January 2007.

http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2006/02/13/national/w140349S79.DTL

[catabryna]

31. So, Judge Walton has been conferring

with Judge Lamberth on how to deal with document handling. Fascinating stuff, there.

I like the idea of having the agencies dealing with potentially classified information designate one person to sit in on all of these discovery proceedings. It will certainly keep things from being mired down. Here's hoping Judge Walton gets his additional law clerk because he made it clear that his other cases were going to take a back seat to this one. Yes, this case is important, but so are all of the other matters before him.

[kpete]

32. Hey catabryna

Where is H20Man's post, I could not find it do you know?

[catabryna]

34. I know that I read somewhere that

he he might start a new thread but, I haven't yet seen one. Other than the responses he made to your post "The Fitz Response to Libby", the only others that I found were in "Fish or Cut Bait". In Post #26, above, Me. posted a link to the "Fish" thread.

Did you read his blog entry from February 4? If not, it's a good read and I like the analogy.
http://h2oman.blogspot.com/

[OnceUponTimeOnTheNet]

29. Hard to digest this

~WASHINGTON - Vice President Cheney's indicted former top aide was accused yesterday of threatening to divulge America's biggest national security secrets in court unless a prosecutor backs off.~

I can't get past this sentance. I knew Scooter was bad for America, but this? Good God. He wants to sink America, if he has to go down he intends taking the country with him.?
I want to throw up. These people are beyond horrid.

[catabryna]

30. That intro was designed

to keep people reading.

Graymail is a legal strategy that has been used by defendants in the past to try to get a case dismissed. Essentially, the defendant will claim that he can not present a proper defense because the documents that he needs to defend himself are classified. Thus, if he can't use the classified materials to prove his innocence, he can not get a fair trial, and the case against him should be dismissed.

So, Libby's lawyers decide to employ the claim that the PDBs are the items needed for Libby to defend himself knowing full well that those documents will never see the light of day because they contain sensitive government information. Essentially, they are trying to claim that those PDBs are proof that Libby had a whole lot of stuff on his plate when he testified before the grand jury. As a result, Libby can claim that when he lied and obstructed justice, his actions weren't willful; he was just too overworked to remember all the details. It's a huge stretch and the tactic doesn't work too well these days.

The tactic sure does make great headlines though doesn't it? An article that starts off by saying that Libby is threatening to divulge America's biggest... secrets... is a sure-fire way to lure the reader in. Those PDBs will remain classified and will not be a part of Libby's defense. If Libby started testifying about state secrets, well... that's a whole other indictment waiting to happen and it would be much more serious than the ones he's currently facing.

Besides, Fitz doesn't have the power to produce the PDBs, even if he wanted to.

[kpete]

33. interesting from a poster at FDL

The one other thing I found interesting was that Walton said he had conferred with Royce C. Lamberth, the judge in Clair E. George's Iran-contra case (and also for a period until mid-2002 the presiding judge on the FISA court). I found encouragement from what Walton said:

I talked to one of my colleagues about this type of situation, who handled a case that actually involved a lot more classified information than this case.

And I found extra encouragement when I found this from an interview Lambert did back in 2002:

Q:As a judge in the District Court for the District of Columbia, you've had considerable experience with spy and terrorism cases. How does a judge conduct a trial in which national security may be at odds with a defendant's right to a fair trial?

A:I have found the Classified Information Procedure Act to provide all the tools that I have needed as a district judge to successfully navigate the tricky questions presented in spy cases, as well as terrorist cases. The Act provides the necessary framework for the judge to protect information that is vital to our national security and at the same time ensure that the criminal defendant is given access to the information needed for his defense. Sometimes this may be substitute information that deletes certain details to protect intelli- gence sources and methods, but I have not yet seen a case where I was unable to ensure a fair trial. For example, the fact that we have a CIA station in a particular country is probably classified because it would impair our foreign relations with that country if we admitted that we had a station. But if in your trial, all you say is, "A CIA station in a foreign country, or even in a Latin American country," you give the defendant everything he needs, and yet you protect your classified information.

The statute really works wonders. In one of the Iran Contra trials, the head of operations for the CIA said he needed to use in his defense every deepest, darkest secret our country ever had. I was able to successfully get through that trial. It took 50 opinions that were classified top secret at the time they were issued, but I got through it.

So maybe Walton has some confidence he can get through the case.

http://www.haloscan.com/comments/firedoglake/114029171588101956/

[catabryna]

36. Well, that just about says it all doesn't it?

It does appear, from reading the hearing transcript, that the judge has been getting some sage advice. I'm glad to see that this matter is being taken seriously. It looks as if the system, in this case, anyway, is working as it should and that is good news.

Thanks for the link kpete! :hi:

[jamesinca]

49. Maybe you can help me with this

I think I understand graymail well enough, but Libby should not be reading the PDB unless it is declassified anyway. If I understand it, the National Security Adviser does not see the PDB, but does get a version that is real close. Why would Scooter need the PDB, it is not something that he has privilege to anyway, he was not even the Natl. Sec. Adv.. He may have clearance to forms of it, parts of it or versions of it, but not the actual PDB itself. Scooter may have been given task to do based on the PDB, but I don't think he actually sat in on 277 CIA/President briefings during that time.

This is what I need help with, does somebody with Scooters title/job have that access to PDB's? If not his argument on this is BS. If he does get these briefings, does he make up his own jobs to do, or does he work for the VP who gives him task to do? If the VP gives him jobs to do, task to perform then the PDB is irrelevant and the job he was given is the issue. If he makes up his own time filling activities, who is he working for?

What does Scooter do? Can he be replaced by a button that does nothing?

[catabryna]

54. Rice testified to the 9-11 Commission

that she was aware of the contents of the infamous Aug. 6, 2001 PDB. She was the National Security Advisor at that time. She said that she was in DC while * was in Crawford, but that they were teleconferenced when he received the PDB and that she was aware of the contents.

They always say that only a handful of people see the pristine version of the PDBs, but it's difficult to determine who is included in that handful. Interestingly, Libby was also "Special Assistant to the President". I wonder what that job description entails? I think I've read that it was a "honorary" title, but how do we know for certain? He was a member of the White House Iraq Group (WHIG), after all.

[savemefromdumbya]

50. Perhaps these AREN"T national security secrets only coverups

The administration has a habit of covering up crime in the name of national security. We will probably find who really do 9/11 and other scandals. Look at the sibel Edmonds case.

[savemefromdumbya]

51. The vultures are circling though......

smell blood?

[Straight Shooter]

38. K&R n/t

[deacon]

39. If he will to do this, it's easy to see he had no problem outing plame n/t

[FreedomAngel82]

40. Oh wow!

So is he going to get jail or the death penalty or what? (I'd prefer to rot his ass for the rest of his life)

[NobleCynic]

42. Bit of an overstatement.

But it looks like Fitzgerald isn't going to back off. That man can't be intimidated by a twerp like Scooter.

[warsager]

43. kick

:kick:

[orleans]

44. where did he admit to treason? what am i missing here? n/t

[cosmik debris]

46. He didn't admit to any thing

The author is merely over sensationalizing for effect. It is called sleazy journalism when the National Enquirer does it.

[Mutley]

53. That's what I'm saying.

I didn't see anything like that.

[savemefromdumbya]

52. The vultures are circling though......

smell blood?

[KAT119]

55. Please hurry Fitz!! Darkest hour for Mother Earth/us.... K&R!

[Humor_In_Cuneiform]

58. Traitors disguised as patriots

must have a special place reserved for them in hot nether regions of purgat'ry or h'll.

They do deserve it so richly.

Incredible, just unbelievable, again.