Saturday, November 12, 2005

Falling on His Sword
Fall Out/Nothing Achieving

The WaPo (that would be the Washington Post) has an intriguing theory behind Libby's sacrificial indictment (something that many have pondered, but writers Carol Leonnig and Jim VandeHei pull it together nicely:

In the opening days of the CIA leak investigation in early October 2003, FBI agents working the case already had in their possession a wealth of valuable evidence. There were White House phone and visitor logs, which clearly documented the administration's contacts with reporters.

And they had something that law enforcement officials would later describe as their "guidebook" for the opening phase of the investigation: the daily, diary-like notes compiled by I. Lewis "Scooter" Libby, then Vice President Cheney's chief of staff, that chronicled crucial events inside the White House in the weeks before the identity of CIA operative Valerie Plame was publicly disclosed.
[...]
Libby, according to Fitzgerald's indictment, gave a false story to agents and, later, to a grand jury, even though he knew investigators had his notes, and presumably knew that several of his White House colleagues had already provided testimony and documentary evidence that would undercut his own story. And his interviews with the FBI in October and two appearances before the grand jury in March 2004 came at a time when there were increasingly clear signs that some of the reporters with whom Libby discussed Plame could soon be freed to testify -- and provide starkly different and damning accounts to the prosecutor.

To critics, the timing suggests an attempt to obscure Cheney's role, and possibly his legal culpability. The vice president is shown by the indictment to be aware of and interested in Plame and her CIA status long before her cover was blown. Even some White House aides privately wonder whether Libby was seeking to protect Cheney from political embarrassment. One of them noted with resignation, "Obviously, the indictment speaks for itself."
[...]

Libby's defense must also reckon with his own notes. Lawyers familiar with the case said in general his notes do not recount the details of conversations and do not specifically contradict his account to investigators. Usually the notes explain with whom he met each day. One remarkable exception was when he chronicled a meeting with his boss on or about June 12, in which Libby wrote that Cheney told him that he learned from the CIA that Wilson's wife worked at the agency.

But when Libby was called to answer Fitzgerald's questions under oath before the grand jury on March 5 and again on March 24, 2004, he stuck to the story he had given in October. He repeated that he believed he had learned the information from a reporter and had forgotten Cheney had told him about Plame. He explained that he had not thought the material was classified because reporters knew it. But Fitzgerald pressed Libby -- and not so subtly raised the specter of a coverup. "And let me ask you this directly," Fitzgerald said. "Did the fact that you knew that the law could . . . turn on where you learned the information from affect your account for the FBI -- when you told them that you were telling reporters Wilson's wife worked at the CIA but your source was a reporter rather than the vice president?" Libby denied it: "No, it's a fact. It was a fact, that's what I told the reporters."


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