The latest from the Plame leak investigation is out, and boy is it juicy. First, there is the absurdly long article by The Times reporters documenting the inside story of Judy Miller and her case as seen and dealt with by the top editors and staff at The Times. It is interesting if you've been following the case in detail as I have tried to do and if you have an hour or so to digest the rather complicated happenings of Judy Miller, I. Lewis Libby, their lawyers and the various editors of The Times.
But the real damning meat of this case comes from Miller herself. Based on Miller's account of things I can't see how "Scooter" Libby won't get indicted. Here are a few key sections. First is this paragraph detailing where the prosecutor's case is headed:
During my testimony on Sept. 30 and Oct. 12, the special counsel,
Patrick J. Fitzgerald, asked me whether Mr. Libby had shared classified
information with me during our several encounters before Mr. Novak's
article. He also asked whether I thought Mr. Libby had tried to shape
my testimony through a letter he sent to me in jail last month. And Mr.
Fitzgerald asked whether Mr. Cheney had known what his chief aide was
doing and saying.
So first, we're looking at the initial leak charge. From what I've heard the bar for this charge is quite high and seems unlikely to appear. Then we're looking at an obstruction of justice charge against Libby. That seems like the most likely outcome, along with conspiracy. Then, there is the possibility of some involvement by the Vice President. This seems like it would be too good to be true, but who knows really.
Here is Miller's account from Jule 23, 2003 - several weeks before Robert Novak's column revealing Valerie Plame's name:
My notes indicate that Mr. Libby took issue with the suggestion that
his boss had had anything to do with Mr. Wilson's trip. "Veep didn't
know of Joe Wilson," I wrote, referring to the vice president. "Veep
never knew what he did or what was said. Agency did not report to us."
This claim that Cheney didn't know who Joe Wilson was and therefore Wilson's claims are irrelevant, is one that administration defenders trot out fairly often. But what's to it? Cheney didn't have to know Wilson. Cheney wanted more facts, the CIA was tasked with getting more facts, and Wilson was the one who was chosen to go about checking on some facts in Niger. The Vice President shouldn't be in the position of picking, let alone knowing, the person who does all his research. That's why he has an intelligence community working for him.
But continuing on:
Soon afterward Mr. Libby raised the subject of Mr. Wilson's wife for
the first time. I wrote in my notes, inside parentheses, "Wife works in
bureau?" I told Mr. Fitzgerald that I believed this was the first time
I had been told that Mr. Wilson's wife might work for the C.I.A. The
prosecutor asked me whether the word "bureau" might not mean the
Federal Bureau of Investigation. Yes, I told him, normally. But Mr.
Libby had been discussing the C.I.A., and therefore my impression was
that he had been speaking about a particular bureau within the agency
that dealt with the spread of nuclear, biological and chemical weapons.
As to the question mark, I said I wasn't sure what it meant. Maybe it
meant I found the statement interesting. Maybe Mr. Libby was not
certain whether Mr. Wilson's wife actually worked there.
What was evident, I told the grand jury, was Mr. Libby's anger that
Mr. Bush might have made inaccurate statements because the C.I.A.
failed to share doubts about the Iraq intelligence.
"No briefer came in and said, 'You got it wrong, Mr. President,' " he said, according to my notes.
It seems pretty clear that there was an atmosphere in the White House that was just not going to listen to someone who would stand up to the President and say such a thing. For Libby to suggest that doubters were free to air their thoughts proves that he is either coy by half or blissfully ignorant of the fact that he is a part of an atmosphere that bred timidity among those who doubted the administration's Iraq policy.
Miller and Libby met a second time, July 8, 2003:
Our meeting, which lasted about two hours, took place over breakfast
at the St. Regis Hotel in Washington. I told Mr. Fitzgerald that I
almost certainly began this interview by asking about Mr. Wilson's
essay, which appeared to have agitated Mr. Libby. As I recall, Mr.
Libby asserted that the essay was inaccurate.
Mr. Fitzgerald asked about a notation I made on the first page of my notes about this July 8 meeting, "Former Hill staffer."
My recollection, I told him, was that Mr. Libby wanted to modify our
prior understanding that I would attribute information from him to a
"senior administration official." When the subject turned to Mr.
Wilson, Mr. Libby requested that he be identified only as a "former
Hill staffer." I agreed to the new ground rules because I knew that Mr.
Libby had once worked on Capitol Hill.
Did Mr. Libby explain this request? Mr. Fitzgerald asked. No, I
don't recall, I replied. But I said I assumed Mr. Libby did not want
the White House to be seen as attacking Mr. Wilson.
Now why, why, why would Libby ask to be attributed as a "former Hill staffer"? Maybe this is commonplace, but it also strikes me as suspicious in light of what else went on in that meeting:
At that breakfast meeting, our conversation also turned to Mr.
Wilson's wife. My notes contain a phrase inside parentheses: "Wife
works at Winpac." Mr. Fitzgerald asked what that meant. Winpac stood
for Weapons Intelligence, Non-Proliferation, and Arms Control, the name
of a unit within the C.I.A. that, among other things, analyzes the
spread of unconventional weapons.
I said I couldn't be certain whether I had known Ms. Plame's
identity before this meeting, and I had no clear memory of the context
of our conversation that resulted in this notation. But I told the
grand jury that I believed that this was the first time I had heard
that Mr. Wilson's wife worked for Winpac. In fact, I told the grand
jury that when Mr. Libby indicated that Ms. Plame worked for Winpac, I
assumed that she worked as an analyst, not as an undercover operative.
This is the meat of the case. Did Libby knowingly release the details of Plame's professional status? While it seems as though Libby never explicitly said that Plame was an operative, and indeed Miller assumed she wasn't by way of this detail, why did it come up in the first place? Why was she mentioned? And why use her agency name if the issue of concern to Libby and others was the fact that she was Joe Wilson's wife? All of this seems unnecessary, and throws more light on the motives of Libby.
Here is where Miller get's sloppy though - and on the most important point no less:
Mr. Fitzgerald asked me about another entry in my notebook, where I
had written the words "Valerie Flame," clearly a reference to Ms.
Plame. Mr. Fitzgerald wanted to know whether the entry was based on my
conversations with Mr. Libby. I said I didn't think so. I said I
believed the information came from another source, whom I could not
recall.
Mr. Fitzgerald asked if I could recall discussing the Wilson-Plame
connection with other sources. I said I had, though I could not recall
any by name or when those conversations occurred.
This is just about the most important point there is - who told her the name in the first place - and Miller "could not recall." Nonsense, I say. Nevertheless, Libby seems to have divulged this information as well, even if Miller's notes indicate that he wasn't the first person she heard this from.
Finally, there is the recent letter from Libby to Miller releasing her from her confidentiality (or re-releasing her as Libby would contend). This part is straight out of a spy novel:
Mr. Fitzgerald also focused on the letter's closing lines. "Out
West, where you vacation, the aspens will already be turning," Mr.
Libby wrote. "They turn in clusters, because their roots connect them."
How did I interpret that? Mr. Fitzgerald asked.
In answer, I told the grand jury about my last encounter with Mr.
Libby. It came in August 2003, shortly after I attended a conference on
national security issues held in Aspen, Colo. After the conference, I
traveled to Jackson Hole, Wyo. At a rodeo one afternoon, a man in
jeans, a cowboy hat and sunglasses approached me. He asked me how the
Aspen conference had gone. I had no idea who he was.
"Judy," he said. "It's Scooter Libby."
Huh? A little poetry from Libby, or a coded message of some sort? And the cowboy hat and sunglasses in Wyoming bit? There's an overload of intrigue in this.
Keep an eye on how this all develops in the coming days. Indictments seem certain, though for whom and when still remain open to speculation.
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