***Today's Firedoglake Liveblogging Libby Trial threads

[ralps]

Libby Live: David Addington Two
By: emptywheel
http://www.firedoglake.com/2007/01/30/libby-live-david-addington-two/

We'll start today by finishing the testimony of David Addington–Mr. Unitary Executive. While we're waiting, let me explain what Fitzgerald seems to be doing right now with Addington. He has used Addington to submit all of the subpoenas to and document submissions from OVP for the first six months of the investigation. He's not doing this to prove that some documents weren't turned over. I'm fairly certain this relates to one of the challenges to the case Libby's team has posed. Libby's team argues that the early investigation related exclusively to the leak to Robert Novak. If they can prove that, they will then argue that lies about Cooper and Judy are not material lies–that is, not important enough to merit a false statements conviction. But Fitzgerald is using Cheney's own lawyer to prove that–no, OVP was well aware of the fact that the investigation related to any leaks relating to the Wilsons.

Just some reminders–I'm not a court reporter, I'm a dirty hippy blogger. So don't quote me as if I'm writing a transcript. Don't kill the servers by refreshing every 30 seconds (I'll post time stamps so you know when you SHOULD update). And buy my book.

Huh. Someone has put a battery and dime onto the overhead. It's down now.

snip

[dancingme]

1. it's Miller Time

or close to it!:bounce:

[ncrainbowgrrl]

4. This keeps getting better and better.

:toast: Here's to a long and prosperous fitzmas.

[ralps]

8. Hi ncrainbowgrrl

[ralps]

7. Hi dancingme, Yep!

:woohoo:

[ralps]

2. ***9:40, 9:49

9:40

Wells: Libby told you I did not do it.

A Yes, but I came to him

Wells; you told Libby that anything he said to you would not be privileged.

A Not privileged in context of criminal investigation. (He keeps repeating this, of course not wanting to suggest there is ever any other limit on privilege)

snip

9:49

Handwritten note by Libby.

W You personally reviewed that doct, then you stamped it, then you turned it over to govt. The way you received the doc, you advised Mr Libby that there was a request for docs and he gave you that doc in response to request for docs.

A The same way the other employees would have done. He produced it or had his staff produce it but it came to me.

snip

[Cheney Killed Bambi]

3. For some reason

I can't get onto the FDL site. SO if people could cut and paste the good excerpts here, that would be great!

And buy Marcy's book!

[ralps]

6. Hi Cheney Killed Bambi, FDL might be really slow right now

:shrug:

[ralps]

5. ***9:57, 10:01

9:57

New document. Chickenscratch!!

W You testified yesterday a meeting with Mr. Libby in Libby's anteroom.

A Yes, he has a little office there.

W Is it your office today.

A Yessir.

snip

10:01

WRT some questions below. First, Wells is introducing the Cheney telling Libby note to prove that Libby wasn't hiding the news that Cheney told him–this goes to the issue of obstruction (That is, he's showing the Libby didn't hide this conversation, he willingly gave up that document).

And WRT any possible meeting at CIA. I don't know that that refers to a Plame at CIA meeting. I think it might go to the issue of whether, others (such as Harlow) who met her at CIA would have necessarily known she was covert.

Short Recess. I'll start a new thread. Figure at least 10-15 minutes. Jeralyn thinks Walton had to go do some research.

[ralps]

9. ***New Firedoglake thread- Libby Live: David Addington Three

Libby Live: David Addington Three
By: emptywheel
http://www.firedoglake.com/2007/01/30/libby-live-david-addington-three/

We've been in a break–it appears that Walton wanted to do some research on the last objection–over classification issues. As I pointed out below, Wells has put the word "documents" when it refers to declassification in Addington's mouth. But the issue may well have to do with this novel theory of declassification, in which a few select journalists get something.

Just a reminder of emptywheel's rules: Not a transcript, Refresh judiciously, and Buy my book.

Walton: Let me give you a further instruction regarding the NIE. You have heard evidence regarding discussions Libby had with reporters. There is no dispute that President has power to declassify previously classified information. Nor is there dispute that at least by July 8 2003, this was done. Libby didn't do anything wrong when he discussed the NIE with reporters after July 8.

snip

[ralps]

11. ***10:49, 10:56

10:49

Walton: In reference to several documents you've seen in this trial, portions have been blacked out. There are reasons: personal information, classified information, or the information may be irrelevant to these proceedings.

W Mr Addington, is it correct that you don't have a specific recollection one way or another whether you told them you used the word spouse or wife wt conversation in anteroom.

A I don't remember what they asked and I responded.

W You have no reason to believe they didn't take down

Objection sustained

snip

10:56

Fitz notes that they're going to introduce the original later.

Addington reading the note on the screen.

Fitz is putting up the original.

W You recall reviewing this in evidence.

A I produced it to the govt.

snip

[ralps]

15. ***11:12, 11:27

11:12

W Now goes to document request. Contact wiht any member of media, or his wife's purported relationship with the CIA. Item # B is very broad. It connects to any member of news media. Correct? Item C is more focused bc it focuses on particular people: Royce, Phelps, and Novak. Now that's the document request, right? In terms of how the investigation is described, the investigation is described in a letter by justice department.

A I made it part of the memo so they could read it.

W Libby would have received copy of memo of instruction. If we go to attachment one. That is letter from Bruce Schwarz, the first paragraph reads, thank you for your telephone call. "Concerning the possible unauthorized disclosure of classified information in July 14 Sun Times and the July 22 edition of Newsday." If we go to the next page, we find the 9/30 letter from Christopher Wray, to Abu Gonzales. If we go back to the first page, it shows that Wray has written as follows: Criminal Div of DOJ are conducting an investigation into possible unauthorized disclosure of information in . The first paragraph in the letter from Mr. Wray states that FBI and DOJ are conducting investigation into Novak and Newsday article. Then it goes on, in the second paragraph, followed by 3 bullet points to describe scope of document request. Scope of document request is broader than definition of criminal investigation.

snip

11:27

W You can point to no other letters that described investigation in any different fashion.

A I don't remember any off the top of my head.

W certainly what was sent to you to Mr. Libby, what you gave to Libby were the two letters by Wray and Schwarz. In your instructions, you define scope as broader universe than how paragraph one defines investigation.

W Just for the record, Exhibit 54 not given to Libby.

snip

[ralps]

16. ***11:39, 12:01

11:39

10 Minute Break–we'll be back around 12:00. We should finish up Addington before lunch.

Wells back up.

W Fitz didn't enter this.

A I remember this document. I don't remember what all you agreed to. Giving them instructions on how to search for documents.

snip

12:01

One document to Libby. Fitz has no objection to display to jurors. Just trying to get this introduced.

W Were you aware that at the end of Mr Libby's second interview Mr Libby was given a statement of waiver by FBI that defined investigation in broader sense beyond Novak and Newsday.

A Although I don't know the date, I do know at some point he was given a form to waive confidentiality with press people.

snip
Recess for lunch. come back 1:30.

[stonecoldsober]

10. I met Marcy at the Hawk and Dove DU party in DC

She is really smart and knowlegable about this subject! I bought her book and have started reading it. It is VERY WELL DONE, and is jam packed with things you probably don't know.

Highly recommended!

[ralps]

12. Hi stonecoldsober, Cool!

[H2O Man]

13. Nominated!

It's the next best thing to being there!

[ralps]

14. Thanks H2O Man

:woohoo: :patriot:

[ralps]

17. ***New Firedoglake thread- Lights, Camera…

Lights, Camera…
By: Christy Hardin Smith
http://www.firedoglake.com/2007/01/30/lights-camera/

Whew, what a morning of testimony already. And all of the mess with Judy Miller about to hit the fan.

I wanted to hit a couple of highlights from David Addington's testimony this morning — especially when you look back at the pieces that Ari Fleischer and Cathie Martin added yesterday to the puzzle — it's looking not so good for Scooter at this point in the government's case. From Addington today via Marcy's fantastic liveblogging:

snip

Double ouch. Somehow, and maybe it's just me, but I don't think this Ted Wells fishing expedition with David Addington is working out like he had planned. And, it seems to me, Wells is drawing out more damning information about Libby on cross-examination than Fitzgerald brought out on direct, and Fitz pulled out some great information yesterday. That has to hurt for Jeffress and Cline sitting back at defense counsel table. (Can't wait to get Jeralyn's perspective on this from her perch inside the courtroom. Yeeeowch.)

What is striking you this morning in the testimony? Any particular facts or testimony or phrasing that jump out at you as significant? Information you can't quite square with what we knew up to today? Any guesses on La Diva Judy's testimony?

[Spazito]

18. Here's a nugget from this morning's testimony ....

It is contained within a post o Firedoglake and sure caught my attention!:




W Bottom half in Cheney’s handwriting. Writes;

Has to happen today. Call out to key press saying same thing about Scooter as Karl. Not going to protect one staffer and sacrifice the guy.

W Can you make out what’s crossed out?

A I can’t tell.

Walton reminds people to talk to each other, maintain proper decorum.

A Now that it’s been expanded I can read it. Pres is scratched through. I read that as two words This Pres.

W This Pres was crossed out by VP and note goes on to read.

that was asked to stick his neck in the meat grinder because of the incompetence of others.

Is it just me or does it sound like Cheney started to write: “…sacrifice the guy this President asked to stick his neck in the meat grinder …,” and then thought better of it, crossed out “this Pres” and wrote “that was asked to stick his neck in the meat grinder?”

[ralps]

19. Hi Spatizo, Thanks for posting that!

[ralps]

20. *** New thread at Firedoglake.com- Libby Live: David Addington Four

Libby Live: David Addington Four
By: emptywheel
http://www.firedoglake.com/2007/01/30/libby-live-david-addington-four/

Back from lunch. Please please don't let this go on long. Fitz is preparing for redirect.

Walton: Did they feed you well? Not that good today?

Fitz May I proceed?

F In looking at the exhibits, you were asked questions about what Libby may or may not have been shown. Let's walk though what would have been brought to Libby's attention prior to October 14 2003. Let's go to attachment. September 30 letter–is this the first letter?

Addington: The first letter addressed to me.

snip

[Cheney Killed Bambi]

21. almost Miller TIme?

[ralps]

23. Yep!! I just posted the latest update & Addington was just excused as a

witness.

[ralps]

22. ***1:45, 1:58

1:45

F returns to the Libby sonnet/Cheney meat grinder document. Asking A how it would look when he found it.

There's a stamp at the top, that says, "treated as Top Secret/SCI, then crossed out, with declassified."

F walks him through how it looked when Addington got it. Has Addington talk though what Top Secret and SCI mean. Can documents be properly classified as "treated as Top Secret SCI" Is that a proper classification?

A President's EO doesn't use that phrase.

snip

1:58

Several juror questions

Walton Can you provide clarification why sometimes request for documentations was sent to Libby, and why, sometimes, it was not.

A I have to make a judgment who might have responsive documents. The first one was very broad. For some of the later requests, such as originals of Scooter Libby's documents, I' don't have to send them to the guys in the motor pool. There were a few requests for particular things, so I could go to the person who had that particular set of records.

Walton Are you familiar with practice of witnesses as far as reviewing information before they testify in criminal matter.

snip

Walton, You're excused.

Five minute break. Then a meeting to discuss things before the witness testifies. I'll go up for their discussion–look for me in about 15 minutes or so.

[ralps]

24. *** New thread at Firedoglake.com- Libby Live: Judy One

Libby Live: Judy One
By: emptywheel
http://www.firedoglake.com/2007/01/30/libby-live-judy-one/

Ground rules: not a court reporter. Limit refreshes, but not refreshments. Shameless commerce: buy this.

Fitz in his seersucker-esque taking a drink of water, looking through his notes.

Here she comes. White shirt, big lapels. No glasses. Checks her counsel, puts glasses on (they're on a fancy string around her neck), is nodding. She doesn't seem like she's breathing.

Jury coming in.

Fitz up.

snip

[ralps]

25. ***2:20, 2:29

2:20

M continued to talk to Libby, through Libby's assistant, never email.

M Take notes on steno notebook, try to write down what she or he says, then go back and underline or add things, sometimes I do that contemporaneouslyy. Then when notebook is full, I do an index on the front page, timing, and subject matter.

F How much of the writing in your notes when you were interviewing.

M Almost all is done contemporaneously.

snip

2:29

F What he said about Winter 2002 and how it related to trip.

M There had been reports, a report had gone up to the Hill indicating that Iraq hunting for uranium in Niger. VP had asked about those reporters, agency had taken upon itself to find out more. In the beginning he referred to Wilson as clandestine guy.

F Mr. Wilson's wife (voice not in gerat shape)

M Yes, when he was discussing intell reporting, he said his wife (referring to Wilson) worked in the bureau

snip

[ralps]

26. ***2:32, 2:46

2:32

Big eyes, looking forward.

F Any other conversation about pres and WH and CIA?

M Yes, Mr Libby seemed really unhappy and irritated abotu the fact that he accused CIA of leaking info that would distance agency from earlier estimates. He said that nobody had ever come to WH from CIA and said Mr. Pres, this is not correct, this is not right. He thought if CIA had such doubts they should have shared them

F relevance to Wilson

M People were beginning to focus on Wilson, but Wilson was a ruse, an irrelevance

F Did you cover the area you were assigned to.

Walton Was he using Wilson's name

M First as a clandestine guy, then began talking about Joe Wilson by name

snip

2:46

F Did you talk to other people

M I think I did, as soon as I remember learning about Wilson's wife

M I don't remember who, I consulted my notes, references by initials and names, not tied to any interview in any notebook, can't remember whether it was before or after info became public.

F Did you speak to him again

M Wanted follow-up. We agreed to speak on phone, I recall less about that meeting. The first time Libby called me I was getting into a taxi, I couldn't take notes, Didn't want to talk in a taxi, spoke from home in Sag Harbor

snip

[ralps]

29. ***2:55, 3:03

2:55

F Your pen wasn't working, did you take notes?

M I did

Jeffress up

J this conversation that you described in such detail–when you first appeared, did you remember that at all, didn't remember a thing about it, Today you've described in great detail

M No, the highlights of it

J Something that refers to one entry about wife works in bureau

M Most of that meeting had to do wtih Mr Wilson and Niger (Drinks water)

snip

3:03

Short recess

I'll start the next thread.

[Rosa Luxemburg]

27. so Libby did leak 'wilson's wife' to a reporter?

ie. to Miller

[Cheney Killed Bambi]

28. Yup

we already knew that, but it's good to hear it at trial, under oath.

[ralps]

30. *** New thread at Firedoglake.com- Libby Live: Judy Two

Libby Live: Judy Two
By: emptywheel
http://www.firedoglake.com/2007/01/30/libby-live-judy-two/

Go buy "Anatomy of Deceit" . Don't update agressively. And don't expect a transcript.

Judy back. Looks like she's doing breathing exercises, pouring herself water. Got out of chair and is now back. Gets more water. Thanks person who brings more. Looking around cautiously. Closes eyes. Breathes. Breathes out. Looking straight foward. Head darts nervously. Staring forward. Shifts in chair. Looks toward Libby's team? Looks towawrd lawyers. Adjusts blouse. Looks at lawyers again. looks down, folds arms. Looks down. Looks toward Libby's team. Folds arms, leans back, turning in swivel chair. Takes glasses off. Looks for tissue to wipe her hands.

This is not the picture of someone who is relaxed.

Jury back in.

snip

[ralps]

31. ***3:16, 3:24

3:16

Jeffress back up.

J Let's go back to the beginning of the investigation that began–do you recall when it began?

M I don't recall, I don't remember when the Taubman discussion was

J Did it occur to you to think whether you were somebody to whom such a leak had been attempted.

M I was concerned sir

J Did you remember that meeting.

M I don't remember what I remembered then.

snip

3:24

Sidebar

Judy trying to follow sidebar. Then she loks toward Libby. Swallowing hard, She IS ONE STRESSED person. Looks to lawyers. Tries to look at sidebar. Arms folded, looking hard to her right. Looking for something, looks like she's sweating under her eyes. Looking for tissue or something, Rubbing nose with back of sleeve. Unlucky Judy, just when she gets her tissue.

Now bringing up GJ testimony.

"And do you recall if a few weeks earlier you had met with Mr. Libby some time in late June, by first meeting with his assistant, Jennifer or Jennie.

I have a very, I don't know if I met with him. I remember meeting with Jennie."

snip

[ralps]

33. ***3:37, 3:44

3:37

Judy watching Judy, she nods when she sees herself saying "It didn't mean anything to me." She nods vigorously.

J What did you mean when you said it only bc important when this blew up

M When subpoenas were being issued

J and it was important to you when you got a subpoena, but you didn't remember that meeting

M Counselor I've already said, I just didn't remember it.

snip

3:44

J Do you recall that before ever meeting with Libby on June 23 you had been looking at the stoyr about uranium

J Did you have his name Joe Wilson and his telephone number and extension.

J So who did you talk to about Joe Wilson

M I don't remember

J Do you remember talking about Joe Wilson

J You told that someone had talked to you about Joe Wilson but you don't remember too.

J Do recall telling the GJ that his name was in your notes before June 23, So someone may have told me, but I don't remember.

M reading, GJ up on sccreen.

snip

[ralps]

35. ***3:49

3:49

Putting exhibit up. White House in Denial–Kristof's article

J That's an article by Kristof

M Yes (sounds weak)

J Do you recall seeing that article at the time it was published

M No I don't

J Do you recall reading or hearing at the time about an unnamed ambasador?

M Yes

J Mr. Kristof writes on June 13, less than a week after you got back from Iraq, highlight first two paragraphs

Judy is reading

J Do you remember hearing about this (Condi's MTP appearance)

M mmmm hmmm, I remember hearing about it.

[Libby2]

32. Thanks

and kick.

[ralps]

34. Hi Libby2 & Thanks

[ralps]

36. *** New thread at Firedoglake.com- Libby Live: Judy Three

Libby Live: Judy Three
By: emptywheel
http://www.firedoglake.com/2007/01/30/libby-live-judy-three/

Go buy Anatomy of Deceit . Don't update crazily. And don't expect a transcript.

We're in sidebar. She's back to breathing. Looks down. She's wiping the sweat from under her eyes. Sees someone is laughing. Leans back. Someone made her relax.

Jeffress again

Fitz pulls Jeffress back.

Judy sits back in the chair.

Wells now chatting up Jeffress.

Judy sees someone on other side of room, breathing, making funny faces.

J Ms. Miller, as I understand it, you were not actually ever shown a waiver that Libby signed

J You were only informed that he had signed a waiver. Were you informed that he affirmatively requested all reporters to come forward to testify. At the time you moved to quash subpoena. Did you file an affadavit. In that affadavit, did you represent to the court that,

M says she doesn't remember affadvit

snip
Short recess.

4:17

[ralps]

37. ***4:17, 4:23

4:17

Mr Bennett, an issue has arisen whether I should sustain or overrule the specific question asked to your client, asking her to name specifically sources that she would have acquired information from. You're not in a position to object, You're not even known to be here representing her. She's already said she doesn't remember the source. And now the specific question is being directed to her.

Bennett asks to excuse the witness. Walton agrees.

Walton: I don't know if you have a position. I appreciate you recognizing we're in a difficult position. I would object to any question asked There are no other sources she could testify about dealing with Wilson's wife Ms Plame, we would object to the identification her being asked about other sources from whom she got a personal waiver.

snip

4:23

We're at 7 minutes now, Bennett is still working over Judy.

Bennett We have no objection to that question being asked, I'd request if your honor would ask the question.

Walton, you want me to ask if she has a problem asking the question.

Bennett. No, you or they can ask the question

Fitz I hate to admit my ignorance, but what is the question.

Laughter

snip

[ralps]

38. ***4:33, 4:37

4:33

Judy looking down, composing herself (the break did her a world of good–old Bennett, just like a smart football coach getting a timeout when one is offered)

J I was asking you about statement in affadavit for court, about writing one or more article related to Mr Wilson's op-ed.

Objection

J I'm still reading

Fitz waves it off

J I'll start over You spoke and or met with several potential sources. Can you name one of those sources other than Mr Libby.

Walton, we've already discussed

Sidebar again.

Judy's getting annoyed. She just wants to get the question asked and get through it

4:37

She's got her head to one side, she's looking down at something. I know she's not, but she looks like she's sneaking a peak at her blackberry. Slumps back in the seat. She shakes her head, rolls her eyes, wipes lint off her jacket, which may be velvet.

Sitting there with frown on face. Looks grumpy.

Walton: Ladies and gentlemen, there are additional legal issues I'm going to have to review before we finish questioning teh witness. Have a nice eventing.

Judy's got a set look to her chin, is talking to someone, arms crossed, and smiling. Jurors leave.

snip

[ralps]

39. It seems to me like Wells, Jeffreys- Libby's lawyers are trying to find out

some of Judy's other sources & Bennett- Judy's Attorney?, Judge Walton & Fitzgerald are trying to figure out exactly what kind of questions can be asked. A snip from the 4:37 section

Walton–her attorney has represented as an officer of the court.

Wells If Mr Bennett is representing as an officer of the court, that on articles she contemplated. The question I'm asking Bennett to represent as an officer of the court, how will his client respond to the question as described by the paragraph in teh affadvait.

Fitz. Still have my relevance objection.

Walton. The first paragraph relates to things we're not dealing with here. It wasn't just the yellowcake. She's being asked to provide sources that may respond to ANY of these issues.

Wells all I want to know (keeps interrupting Walton) All I want to know for purposes of impeachment, when you sign paragraph 5, do you remember the names. If she says yes, then we can put on the record, that we would have asked the next question. Right now, nobody knows. My impeachment goes to the affy.

[ralps]

40. ***5:07

5:07

Wells I have every right to confront here with a sworn affadavit and ask her whether she remembers anything in there.

Walton I might agree that if we were talking about the subject that you're addressing. Her lawyer would respond that there are other sources.

Wells if Bennett would represent it WRT question 5.

Fitz I can answer that. Did one or more sources. She testified that Libby did. This is all a tempest in a teapot.

Walton, I've gotta get out of here.

Wells. I'm just dealing with affy that talks about op-ed piece.

Walton I don't have a problem if you ask her regarding sources on Wilson and Wilson's wife. I think that's going to be my ruling. It'd have to be impeached on an issue that's relevant to this litigation. I understand from Bennett that that would require her to reveal sources she is unwilling to reveal.

Arise.

Beer Thirty. Thanks Guys!!