Posts Tagged plamegate

The Married Man Defense

The jury is still out in the Scooter Libby case, but I’ve weighed the evidence and have to agree that community service of this sort would be appropriate.

OK, according to the offense, I mean the prosecutor, the case is about Mr. Libby lying when he claimed he had forgotten that he had earlier learned about Mrs. Wilson from VP Cheney and other official channels and it was as if he had heard it for the first time from Tim Russert. According to the defense, the case is did Mr. Libby hear about Mrs. Wilson from Tim Russert as Mr Libby testified.

I have to say the case is about how many married people there are on the jury. If I were the defense, I would have offered up the married man defense – if I had been allowed to mount a memory defense unlike the actual accused. I can’t tell you how many important things I have relearned over the years as if for the very first time despite hearing it from my wife earlier (or at least that’s what she claims). “I told you that” — what married man isn’t familiar with that refrain. How many a married man has forgotten an anniversary, a birthday, or some other significant event?

So as a married man, a man who looked over at his son at Night At The Museum and said “You wear glasses?” to the immediate scorn of both wife and son, I can believe that Scooter Libby forgot something, something that people telling him thought vital, something that even he thought vital. I have no idea if he did or not, but I can believe it.

Tags: , , ,

The Talented Mr. Russert

Tom Maguire of Just One Minute Fame has made the case that Tim Russert could have lied (OK, just let his memory go dim) in the Scooter Libby perjury case because he was covering for prior less than the truth, the whole truth, and nothing but the truth statements. Frequent commenter, Barney Frank, claims he should get credit for the white lie leading down a slippery slope of further cover up possibility. I’m sorry to tell both Mr. Frank and Mr. Maguire that there is a very fine movie that pre-dates Mr. Russerts legal entanglements, The Talented Mr. Ripley, that starts with a far more innocent misdirection and ultimately ends up in a far darker place than perjury. The movie is well worth seeing. The Libby Trial, not so much.

I have no idea if Russert was telling the truth about his conversation with Libby (Don Imus thinks he wasn’t), although his actual testimony was that while he doesn’t remember discussing Mrs. Wilson (which I can believe) with Libby, it was impossible that he told Libby about Mrs. Wilson. However, I can’t believe Mr. Russert couldn’t remember whether or not he told his boss he had cooperated with the FBI while NBC was fighting the grand jury subpeona. That I just simply can not believe. Nor can I believe that the FBI lost the notes from that initial conversation with Mr. Russert. Oddly enough, I haven’t seen either mentioned in conventional news outlets.

Tags: , , ,

When Not Is News

So when is something not happening news? When it’s Karl Rove Not being indicted. Why is his not getting indicted news? Because a lot of people on the left were convinced he would be, and since most people in the news media were also convinced (since there is of course no overlap between lefties and the news media according to both lefties and the news media) that he would be, his not being indicted is almost bigger news than if he had been. Tom Maguire, who’s been all over this story from conception, has the story. I’m still wondering who’s worse, Nifong or Fitzgerald.

Tags: , ,

I Love To Laugh

I cannot tell a lie – I’m simply filled with glee at thought of the Scooter Libby trial. At this point, I don’t care if Scooter is convicted or acquited, if he wrongly is set free or wrong is convicted — what I want is the press to get what’s coming to them. I neither know nor care about the guilt or innocence of Scooter — but I want to see the press pay for the crimes they’ve committed against the truth all this time. Yes, I understand that nobody from the fourth estate will be fined, let alone jailed, but just having to go into court and be exposed to the best disinfectant, sunshine to quote the St. Louis Post Dispatch editorialist (not plagiarize, since the Post editorial page no longer recognizes plagiarism).

Libby was indicted because his testimony didn’t agree with three reporters. So what else can his defense be but that he was telling the truth or at worse made a simple but unintentional mistake of recall based on what everybody actually knew at the time?

And the benefits are limited to just the people who are called to testify – the disappointment of those who aren’t might be palpable, as they too might be exposed like everyones unfavorite, David Gregory:

I’ll bet that the Libby defense team will want to chat with more than just Ms. Mitchell. That said, we should note that David Gregory may really be out of the loop – he chimed in with this:

GREGORY: And it is interesting–it’s also interesting, I should just point out, that nobody called me at any point, which is unfortunately…
WILLIAMS: Apparently not.
GREGORY: …not the point.
RUSSERT: Does anybody ever?
GREGORY: But I just wanted to note that.
RUSSERT: I’ve been meaning to talk to you about that.

Stand tall, Stretch – you may be the last man standing if Russert, Mitchell and Williams have a ghastly experience at the Libby trial.

Yes, that is the unmistakable stylings of Tom Maguire. I’m standing on the shoulders of giants today.

Tags: , , ,

Wilson Plame Libby Woodward

The case against Scooter Libby took an odd turn the other day when investigative reporter extraordinaire (just ask him, he’ll tell you) Bob Woodward announced the other day that he’d been given Valerie Plame Wilson as a CIA analyst by an administration source other than Scooter Libby before Libby talked to Miller, Cooper, and Russert.

Tom Maguire is all over this, as always. And from every angle, especially Cheney.

What I think it means is that Fitzgerald will have a harder time convicting Libby. Why? Because Mr. Fitzgerald’s claim was that Libby was the first leaker based on the testimony of Miller, Cooper, and Russert and therefore his claim to have heard it from reporters first has to be a lie, and not just a disagreement over what was said in a brief conversation a couple of years ago. If it cannot be established that in fact this info was not leaked prior to Libby, then that claim goes down in flames. And further, Woodward claims he told Walter Pincus about Ms. Wilson, although Pincus doesn’t remember that. So now we have two reporters disagreeing about who told what during a brief discussion a couple of years ago. But wait, there’s still more – Mr. Woodward kept mum about this leak, despite the investigation, until Mr. Fitzgerald contacted him because one of Woodwards sources spilled the beans to Mr. Fitzgerald. So no doubt everybody is wondering who else is out there but hunkered down and waiting for Fitzgerald to make the first contact.

I think it also means we’re less likely to ever make sense out of it beyond partisan ax grinding. And that might be a good thing, because as far as I can tell it has become a sideshow, a distraction, the mother of all red herrings, from the important questions – what can we do to improve intelligence collection and analysis at the CIA and what can we do to safeguard classified information better. This is a case where we can’t see the forest for the trees.

Tags: , , ,

Fitzgerald, Plame, Wilson, Rove, Libby, Cheney

The web’s aflame with rumor and speculation over Fitzgerald’s investigation into the Plame kerfuffle. Of course, I get all my Plame news from Tom Maguire, who never grows tired of the fact that we know so little. Consider that Fitzgerald and his people are famously closed lipped. Who do all these leaks come from? Even if they came from Fitzgerald (gigantic if there), let me remind you of the most important point about leaks involving politics (OK, any leak for that matter) – they are always self serving for the leaker. Always. The fact that the leaker can provide only partial truth allows the leaker to control and manipulate the story.

And isn’t leaking grand jury testimony a crime as well? I understand a witness can come out and talk about the questioning, even lie about it like good old Sid Blumenthal, but other than that the testimony is legally protected. So the only way for it not to be a crime is if the leaker about a particular witnesses testimony ultimately derived their leak from the particular witness? Which leads us right back to the self serving nature of any leak. Sigh.

So what’s really going on here. Is the most important part of the whole sodden mess the fact that Valerie Plame was outed as a CIA employee? Is it that CIA is a rogue organization that is trying to undermine the elected President of the United States? Or does it’s import derive as proxy for the Iraq war itself?

Personally, what I care about most is the unauthorized discloure of classified information. If Fitzgerald can return indictments about that, even perjury indictements, I’ll consider it a successful investigation. But I want the perjury to be perjury, not just how good Karl Rove’s memory is. So if he deliberately lied to conceal unauthorized disclosure, then good. If he forgot a particular conversation of several that occured with one or more people, then bad. And by that I mean if he were tardy in disclosing a conversation with Matt Cooper, someone who Rove had no reason to believe wouldn’t disclose, then an indictment is just butt covering.

But if it turns out that the Valerie Plame wasn’t covert and the CIA persued this case while it has let plenty of other equally or more serious dislosures go in the past, then I think the CIA becomes the big story. Why should it be OK for a disgruntled current or ex-CIA employee to disclose classified information to the press, but not the White House?

Here are the unanswered questions for me. Was Valerie Plame a covert agent at the time her name was leaked? If so, it raised for me another important question then – how did her name leave the CIA? What does that say about their security proceedures? If not, what is the CIA trying to pull here?

Which reporter broke the sacred confidentiality to tell Joe Wilson who the sources were? I mean, how else was he able to finger Karl Rove and Scooter Libby way back at the start of the kerfuffle? It was only a month after Novak’s article that Wilson said he wanted to see Karl Rove “frogmarched” out of the White House in handcuffs. Libby’s name followed soon after, and then Joe Wilson backtracked and shut up about it. Odd how the press isn’t interested in Joe Wilson’s source, which he admitted to, and how that source named the two people that have been most prominently featured as people who talked to the press.

Speaking of Joe, why isn’t he being investigated as the man who clearly did the most to out his own wife? For those who like convoluted conspiracies (I’m not one), why not think the Valerie was tired of living the covert life, have Joe out you, and bam you’re out, in the clear, the darlings of the media, book deals, Vanity Fair articles. Hey, it’s more plausible than Flight Plan.

What about the role of the State Department? Plame was “moving to State Department cover”, there are reports of a State Department memo with her name in it, State opposed the war in Iraq just like the CIA. Has the institutional opposition at these two power centers overstepped the bounds of good government? And will we ever see that probed?

Most of all, what does Fitzgerald really have?

OK, that last one is a repeat of how we know so little. And what amazes me is how there are some who don’t seem to realize that. We don’t even know if Valerie Plame was covert. Did the neighbors know she worked for the CIA? I have no idea, but Mark Kleiman is convinced by an article in the LAT which relies on two neighbors. Did the LAT contact “all” the neighbors but only inlcuded quotes from two? Cliff May said lots of people in Washington knew a long time ago – but Cliff wasn’t a neighbor. Was he just talking trash, or was he telling the truth? Beats me, I don’t live in Washington. We have to rely on these leaked reports to the press, which clearly has lower standards about such leaks than, say, allegations by a victim that she was raped by Bill Clinton.

Some people don’t even know what we do know – namely that Joe Wilson is a liar who came forward not courageously before the war, but after when the status of the Iraq WMD was known. If Ambassador Wilson was so upset by President Bush’s so called manipulation of intellegence before the war (you know, when CIA head Tenet was claiming that Iraqi WMD was a “slam dunk”), why didn’t he come forward then, when it could have done some good?

One last final thoughts (not for the subject, just the post) – whatever you may think of Fitzgerald’s integrity, it seems as if people are treating the indictments as the final word on the subject. They aren’t, they are just accusations. I know that depending on whose ox is being gored, people will ignore that fact or ignore every other fact.

Tags: , , , , , ,

What About The CIA and Plame?

First off, Alex at the Parks Department has put together an excellent list of leaks on “Wilsongate”.

As long as the press is faulting the Bush administration on the pace of it’s investigation into who leaked Valerie Plame’s CIA status, why aren’t they faulting Novak, who knows who leaked, and the six journalists who reportedly know who leaked (because they were leaked to but didn’t publish)? Oh that’s right, because their careers might suffer. Look, this is a serious matter, and probably a crime, and I for one think playing by journalism’s rules (as Craig repeats them from Edward J Epstein’s book) makes no sense. The bottom could be gotten to in an afternoon of eight journalists in front of a grand jury. I mean, do we really want the press to shield criminals? Does that really serve some larger purpose?

Plame’s employment with the CIA was classified. Sometimes people think if you have a security classification, its OK for you to be informed of any classified information of the appropriate level. This is not true. You have to have a need to know the classified information to carry out the tasks for which you have a security clearance. That is the general rule. I can’t be told classified information just because I have a clearance. Sometimes, it’s a little more formalized, and some information has an access list – in other words, only certain pre-defined people can be told particular classified information – they are the only ones to have a need to know. I would think in a properly run CIA, the identities of clandestine agents, which apparently covers Plame, would be access list controled, with a different list for each such agent, with the list limited to as small a number of people as possible. This limits the damage moles and captured agents can do.

So here’s what I find odd – how did somebody in the Bush Administration know she worked for the CIA? Did the CIA not keep her name close to the vest? As an undercover operative, you’d think they’d want to protect her name. Let’s turn to Nick Kristof’s piece (which I by and large agree with):”Third, Mrs. Wilson’s intelligence connections became known a bit in Washington as she rose in the CIA and moved to State Department cover, but her job remained a closely held secret.” This jibes with Clifford May’s piece in National Review that he was told in an offhand manner by a former government worker. In other words, somehow her status got out of the CIA itself – and excuse me, you can’t be an overcover operative if everybody knows you work for the CIA even if nobody knows what you do there. So as long as we’re investigating the leak from the Bush administration (which as I’ve pointed out before should be child’s play but isn’t), we should also be investigating the leak from the CIA (which nobody has mentioned yet). Maybe it was a structural leak – people who didn’t know she was an undercover operative (because that is a closely guarded secret known only to a few) didn’t see anything wrong in letting slip that she worked for the CIA because at this point she was currently not undercover- in which case the CIA needs to rethink how they handle that situation.

I have no idea how much damage this has done (if any) to CIA networks and agents – and anybody who does isn’t (or at least shouldn’t) be talking to the press. Apparently she may have been unmasked earlier – by our old buddy Aldrich Ames. Still, I’m upset that somebody either deliberately or inadvertinately in the Bush Administration leaked the name of a CIA operative, which is a serious breach of trust, and that the CIA didn’t protect their own operative.

Why hasn’t the press asked the question of how (not why or who) the name of an undercover CIA operative popped out of the mouth of an administration official? I guess because nobody’s leaked why that may be important to a journalist.

Tags: , ,