Deliberations Winding Down?

As the Libby trials drags on for another week, the 11 remaining jurors seems to be getting closer to ending it all. Yesterday the Jurors sent another query out to the judge. The questions regards what some seem to believe is the weakest of the charges against Cheney's former Chief of Staff. From what can be gathered from the lawyers' debate about the questions with the judge, it looks like they deliberators will vote 'aye' on that count as well:

heir debate revealed that jurors had asked whether they could use Libby's grand jury testimony, which was played in court, as evidence that Libby lied during an earlier FBI interview.

Special Prosecutor Patrick Fitzgerald said the answer should be "yes" in the sense that all the evidence in the case helped establish Libby's state of mind. Libby's lawyers said the grand jury testimony could not be proof of the earlier statement. Walton agreed with both arguments, but said an instruction encompassing both would have to be crafted carefully.

I have a sneaking suspicion that today may be the day, or tomorrow . . . or by the end of the week . . . . the perpetual deliberations.

Flash

The Devil Made Me Do It

A Peek at the Libby Defense:

WASHINGTON (CNN) -- Vice President Cheney's former chief of staff, I. Lewis "Scooter" Libby, told a grand jury he was "authorized by his superiors" to disclose classified information from an intelligence report to reporters, according to the special prosecutor in the CIA leak case.

In a letter to Libby's lawyers, obtained by CNN, special prosecutor Patrick Fitzgerald said it is his understanding that Libby testified he was "authorized to disclose information about the National Intelligence Estimate to the press by his superiors."

As the Vice President's Chief of Staff, wouldn't that make Cheney his superior?!?

The letter does not name who the superiors are. But the National Journal, which first reported on the Fitzgerald letter, named Vice President Dick Cheney and other White House officials as authorizing Libby to disclose the classified material.

(cue Arte Johnson)Interesting . . . verrrrry interesting!

Flash (who is really dating himself by starting with a Flip Wilson reference and ending with Laugh-In)

Scooter out, Addington In

The indictment of Scooter Libby, today, begins the shake up of the White House staff. David Atkinson is slated to replace Libby as Vice President Cheney's Chief of Staff.

If Libby is indicted, Cheney counsel David Addington will replace him as chief of staff, sources close to the Cheney's office say. Addington is another longtime Cheney aide who worked for him at the Pentagon.

Although Rove dodged an indictment today, he is still under investigation as it is clear Fitzgerald wants to be thorough in preparing a strong prosecution case. Former RNC Chairman Ed 'Dizzy' Gillespie is marked to replace Rove once the indictment comes down.

A source familiar with Bush's worst-case plans said he would likely tap ex-GOP Chairman Ed Gillespie to replace Rove if he is indicted.

Also under consideration is bringing back former White House political director Ken Mehlman. He is the GOP chairman and is considered to be valuable to the Republicans for the upcoming midterm congressional elections.

The blind leading the blind. At what point do you think this President would recognize it is time for a fresh start to salvage his second term

Doc dump should be available here.

Flash

UPDATE:

Vice President Cheney's chief of staff, I. Lewis "Scooter" Libby, was indicted today by a grand jury on one count of obstruction of justice, two counts of making false statements and two counts of perjury in the CIA leak probe. A news release from special prosecutor Patrick Fitzgerald says Libby allegedly lied "about how and when in 2003 he learned and subsequently disclosed to reporters then-classified information concerning the employment of Valerie Wilson by the Central Intelligence Agency."

Bush Authorized Leak - CNN

CNN is breaking news that Scooter Libby has informed prosecutors that President Bush authorized the leak of Valarie Plame.

This could get real interesting. Raw Story has more:

A former White House aide under indictment for obstructing a leak probe, I. Lewis Libby, testified to a grand jury that he gave information from a closely-guarded "National Intelligence Estimate" on Iraq to a New York Times reporter in 2003 with the specific permission of President Bush, according to a new court filing from the special prosecutor in the case

Smoking Gun has the filing.

Raw Story is working off a NY Sun article that does go on to say:

The court papers from the prosecutor, Patrick Fitzgerald, do not suggest that Mr. Bush violated any law or rule. However, the new disclosure could be awkward for the president because it places him, for the first time, directly in a chain of events that led to a meeting where prosecutors contend the identity of a CIA employee, Valerie Plame, was provided to a reporter."

In a court filing late Wednesday responding to requests from Mr. Libby's attorneys for government records that might aid his defense, Mr. Fitzgerald shed new light on Mr. Libby's claims that he was authorized to provide sensitive information to the Times reporter, Judith Miller, at a meeting on July 8, 2003.

So even though there isn't a suggestion that the President violated the law, you would think he would have known better. You can slice and spin it anyway you want, but this isn't good for the administration, and if those on the Right want to say otherwise, they should take a moment and evaluate how they would react if the shoe was on the other foot.

Flash

The Myths of Scooter

While we still try to digest the actions of this administration, yesterday, lets make sure we all know what actually went down. Not just what we are lead to believe by the timid media. Carol Leonnig of WaPo laid it out almost a month ago:

While covering this case for The Washington Post from the beginning of Special Counsel Patrick J. Fitzgerald's investigation in December 2003, I've received a steady stream of mail, most of it fuming -- some because the writers think a tireless patriot is being persecuted by a runaway prosecutor, others because they think a ruthless traitor is getting off easy after jeopardizing national security.

In fact, neither caricature is fair -- let alone accurate. But even now, four years after Valerie Plame's name hit the papers, the public still has some startling misconceptions about this fascinating, thorny case.

The five myths with their accurate short answer from Leonnig, you'll have to click through for the full skinny:

1. Valerie Plame wasn't a covert operative.

Wrong. She was.

2. Karl Rove would have been indicted in the Plame case if it hadn't been for all the destroyed evidence.

Those e-mails may contain interesting stuff, but for now, it's rank speculation to suggest that they hold information about the Plame case or would have pushed Fitzgerald to charge Rove with perjury.

3. Libby didn't leak Plame's identity.

the overwhelming weight of the evidence at the trial -- including reporters' notes of their interviews with Libby -- showed that Libby had indeed leaked classified information about Plame's identity

4. Bad press doesn't get under Cheney's skin.

if he had been that immune to (as one of his predecessors put it) "the nattering nabobs of negativism," he never would have told his top aide to talk about Joe Wilson, and none of this would have happened.

5. The White House would fire any administration official who leaked classified information about Plame.

When the investigation began, the president said he hated leaks and would hold leakers of classified information accountable. But he has not sacked anyone over the case.

So there, are we all clear now!

Flash

Snowball Rolling

Another disgruntled former Bush staffer, or the truth finally being heard:

McClellan recounts the 2003 news conference in which he told reporters that aides Karl Rove and I. Lewis "Scooter" Libby were "not involved" in the leak involving operative Valerie Plame.

"There was one problem. It was not true," McClellan writes, according to a brief excerpt released Tuesday. "I had unknowingly passed along false information. And five of the highest-ranking officials in the administration were involved in my doing so: Rove, Libby, the vice president, the president's chief of staff and the president himself.

The Right will whine, but when you think of what they put Clinton through during his 2nd term, they were the ones who set the rules. With the exception of the threat of the nuclear option in the Senate, the Right took advantage of every other opportunity they had to wreak havoc on the process, without consideration for the needs of their constituencies. I am not a fan of constant and frivolous investigation to score political points through negative politics. But in this case we may have some very serious manipulation reaching to the highest levels of government. A far cry from a stained dress between consenting adults.

I think it is time we get McClellan under oath, and see where that takes us. the Right will complain, because they seem to be allergic to the truth.

Flash

The Truth Shall Set You Free

Ex Bush mouthpiece writes a book:

In excerpts from a 341-page book to be released Monday, Scott McClellan writes on Iraq that Bush "and his advisers confused the propaganda campaign with the high level of candor and honesty so fundamentally needed to build and then sustain public support during a time of war."

"[I]n this regard, he was terribly ill-served by his top advisers, especially those involved directly in national security," McClellan wrote.

OK, that's not really news. Most of us that don't wear the GOP blinders knew that. How about a good bomb shell.

Rove and fellow White House advisers Elliot Abrams and I. Lewis "Scooter" Libby were accused of leaking the name of Plame -- whose husband, former U.S. ambassador Joseph Wilson, had gone public with charges the Bush administration had "twisted" facts to justify the war in Iraq.

Libby was convicted last year of lying to a grand jury and federal agents investigating the leak. Bush commuted his 30-month prison term, calling it excessive. At the time, McClellan called the three "good individuals" and said he spoke to them before telling reporters they were not involved.

"I had allowed myself to be deceived into unknowingly passing along a falsehood," he wrote. "It would ultimately prove fatal to my ability to serve the president effectively."

Well that's no shocker either. One more shot:

"One of these days, he and I are going to be rocking in chairs in Texas talking about the good old days of his time as the press secretary," Bush said at that conference. "And I can assure you, I will feel the same way then that I feel now, that I can say to Scott, job well done."

Ok, Ok. Now we are getting somewhere. That is certainly something that probably isn't going to happen now. Poor Scotty will be blacklisted now.

Flash

Fork meet Scooter

GUILTY!

Former White House aide I. Lewis "Scooter" Libby has been found guilty on four of five counts in his perjury and obstruction of justice trial. CNN senior legal analyst Jeffrey Toobin said, "He is virtually certain to go to prison if this conviction is upheld."

The Right keeps saying this was a wtich hun since know 'laws' were broken. I just want them to explain to me WHY Scooter felt it necessary to lie than. There is still more to this and we may never know the real truth of how dirty the Veep and his boss's hands were in all this.

Now, the Pardon watch begins!

there's also the clock. And that's going to be very important -- the calendar. Because the time for presidential pardons of controversial people is in the lame duck period, after a president is leaving offfice. So the real issue here is, can Scooter Libby extend his time outside of prison long enough to get to that lame duck period when he might actually get a pardon?

So let's do the math a little bit. He's apparently going to be sentenced in June. Post-trial motions will probably keep going through most of the summer. His appeal probably won't even begin until the fall. An appeal probably takes three or four months to be resolved. That would take us into January, February, March of 2008. If, like most defendants, he loses, he could then go for a [certiorari] petition. He could ask the Supreme Court to get involved in the case. That really might take him up to November 2008.

So it is possible that he will be out of prison pending sentencing during his appeal enough time for President Bush, then, to pardon him following the presidential election in 2008, before he leaves office in January 2009.

Flash

Commuted?!?

Surprising, no. But there is still something just wrong about it.

I liked this CNN Headline, "Scooter skates"

Flash

(my other stuff on Libby)

Fork meet Scooter:Part Deaux

The case is now in its twilight, after having followed it for some time. Although the appeals will continue, a 30 day stay at the White Color country club awaits the felon. There is speculation that Libby will get a reprieve and be allowed to remain free during appeal, I am not so sure. The conviction is pretty solid and the ball is in the President's court.

Will Bush sit back and watch a trusted advisor go to prison for protecting the administration, or will the President have courage and pardon him. There really is no downside for Bush. The 36% still supporting this administration wouldn't waffle over a pardon to Scooter. This 36% are the lemming who would follow Bush anywhere, even over a cliff.

Flash