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Reporters to be on the Hot Seat at Libby Trial

By Jeralyn, Section Lewis Libby Indictment
Posted on Mon Nov 07, 2005 at 04:52:14 AM EST
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The Wall St. Journal (free link) today discloses Lewis Libby's latest defense strategy. Goodbye memory defense (smart move.) Hello trash the reporters.

But legal experts say Mr. Libby's attorneys, like any attorney trying to impugn the testimony of a witness in a criminal trial, will likely try to blunt the prosecution by challenging the reporters on their other sources, their memories of events in question and their own reputations.

While the judge in the case, U.S. District Judge Reggie Walton, would be able to limit the grilling of witnesses to what is relevant to the case, criminal-defense attorneys say he will have to allow at least some questions that go to the credibility and professional ability of key witnesses, which in this case are the reporters. That could include performance reviews, corrections on previous stories and internal correspondence related to the reporters or their stories.

"It's Mr. Libby's right to a fair trial versus editorial privileges, and that isn't a close question," said one attorney closely involved in the case. "Most judges will say the right to a fair trial wins. ... We're over the hump of the identity" of secret sources, the attorney added. "Now we're talking about credibility" of the reporters.

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    • Reporters to be on the Hot Seat at Libby Trial | 17 comments (17 topical)
    Re: Reporters to be on the Hot Seat at Libby Trial (none / 0) (#1)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:46 PM EST
    Hey, we got a two-fer! A trial that shakes the truth out of Libby and reveals the deception of the reporters at the same time. What questions, do you suppose, will Judy Miller have to respond to?

    Re: Reporters to be on the Hot Seat at Libby Trial (none / 0) (#2)
    by Quaker in a Basement on Sat Dec 17, 2005 at 01:05:46 PM EST
    Terrific strategy. You can't go too far wrong calling out the self-serving ineptitude of the celebrity press corps.

    Re: Reporters to be on the Hot Seat at Libby Trial (none / 0) (#3)
    by chemoelectric on Sat Dec 17, 2005 at 01:05:46 PM EST
    Quaker in a Basement sayeth:
    You can't go too far wrong calling out the self-serving ineptitude of the celebrity press corps.
    On the other hand, it may not encourage favorable news coverage. Jesse Ventura might have learned that, from the treatment he got from gleeful newsreaders every time he blamed 'the media'. I would have done the same to him. However, the national media is less competent.

    Re: Reporters to be on the Hot Seat at Libby Trial (none / 0) (#4)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:46 PM EST
    Terrific strategy? Crap! This is the chief of staff of Torture Cheney. This is a cog in the outing of a CIA agent keep secret for a good cause. And why? To keep hidden lies that brought the country to attack another country that in no way threatened the United States. Yeah, it might be a strategy that may work. It may be a strategy that is part of a continuing plot to hide the truth about what can be called treason.

    Re: Reporters to be on the Hot Seat at Libby Trial (none / 0) (#5)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:46 PM EST
    Ok, so Libby is going to attack the three reporters in the indictment who contradict his statements. Yippee.... How is going to handle the nine admin officials -- and his *own* notes -- that contradict his statements?

    Re: Reporters to be on the Hot Seat at Libby Trial (none / 0) (#6)
    by chemoelectric on Sat Dec 17, 2005 at 01:05:46 PM EST
    Disputo asks:
    How is going to handle the nine admin officials -- and his *own* notes -- that contradict his statements?
    How could O. J. Simpson put on a glove, thus showing that it fit like a glove, and yet make many believe it didn't fit at all? I don't know. I don't think I. L. Libby could do it, although so far the same sort of thing has worked for Darth Cheney in the media. Court's a different matter, though. We'll see, if it gets that far.

    Re: Reporters to be on the Hot Seat at Libby Trial (none / 0) (#7)
    by Molly Bloom on Sat Dec 17, 2005 at 01:05:46 PM EST
    From a practical point of view, while delving into a witnesses credability is a valid strategy, I suspect it will be a PR nightmare for the Bushies and any other Republicans who pile on. What sort of editorials do you suppose will be written when journalists are subjected to swiftboating? It will no longer be "just politics" and "everybody does it". Oh the outrage!

    Re: Reporters to be on the Hot Seat at Libby Trial (none / 0) (#8)
    by Edger on Sat Dec 17, 2005 at 01:05:46 PM EST
    Molly, I think you've nailed it. The media generally has not been as afraid of the administration as much in the past week or so as they had for years. This might just be the thing that really pi**es off enough of them to finally really turn them against the Bush League.

    Re: Reporters to be on the Hot Seat at Libby Trial (none / 0) (#9)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:46 PM EST
    But it's not going to trial anyway. This tactic on Lewis' part is to act to shift the media onto his side so that it doesn't go to trial. This is an n-party game of chicken. Fitzgerald vs. Lewis. Lewis vs. Cheney. Fitzgerald vs. Cheney. Lewis vs. Reporters. Media vs. Administration. Media & Administration vs. Fitzgerald. Fitzgerald better have steely ones and know where all his skeletons are buried.

    Re: Reporters to be on the Hot Seat at Libby Trial (none / 0) (#10)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:46 PM EST
    WE have such a wimpy image. Even in Ma. I hear so many formerly apathetic voters, now recognizing that we are killing our republic, say: Yeah, Bush is a loser, but I know where he stands. Democrats do nothing but criticize, they're all over the field without a clue of what to do. And the others just apologize for living, and do nothing in congress, but vote for CAFTA and the bankruptcy law. I need a choice. " And I'm still thinking, "I may work for a Green, or an Independent. ...someone not a hack who is compromised beyond belief." This trial will just be a case of "Who lies the most, and is the more skilful liar?" Judith Miller representing the liberal view? the straight and narrow high road? Give me a break.

    Re: Reporters to be on the Hot Seat at Libby Trial (none / 0) (#11)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:46 PM EST
    The fix is already in: Libby will never see a day of jail. Cheney and Rove will walk, because they manipulate the puppet Bush. He couldn't even fake being president were it not for them. So of course, they won't resign. If they do, they'll still be hanging around, just like MIchael Brown at FEMA. "Great job, Brownie/Rovie/Cheney". Same, same, just dumber.

    Re: Reporters to be on the Hot Seat at Libby Trial (none / 0) (#12)
    by Edger on Sat Dec 17, 2005 at 01:05:46 PM EST
    I suspect that any attempted character assassination of him would have begun before now, if anyone thought they could get away with it. Fitzgerald seems to have the cojones for a fight like this, and to be standing on pretty solid ground:
    ...the Brooklyn-born son of Irish immigrants, has a reputation as an incorruptible prosecutor in the mold of Chicago crime-fighter Eliot Ness, who took on Al Capone's criminal empire. Fitzgerald has won convictions of the 1993 bombers of New York's World Trade Center and members of the Gambino crime family, and he secured an indictment of al Qaeda leader Osama bin Laden, whom Fitzgerald has said he would like to try some day. MORE...


    Re: Reporters to be on the Hot Seat at Libby Trial (none / 0) (#13)
    by cpinva on Sat Dec 17, 2005 at 01:05:46 PM EST
    unless i've totally misread mr. fitzgerald, i don't see him caving in to the administration. who ever claimed judy miller represented the "liberal" view, or the "straight and narrow high road"? you didn't read it here. of course, i have no use for maureen dowd or frank rich either, so perhaps i'm not the best person to ask.

    Re: Reporters to be on the Hot Seat at Libby Trial (none / 0) (#14)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:48 PM EST
    "...try to blunt the prosecution by challenging the reporters on their other sources, their memories of events in question and their own reputations." Damn! That means all they have to do is show that Judy Miller (at least) is a serial fabricator, and that no rational person would believe her, and Bang! her testimony is shot, so Libby gets off. Almost as fool-proof as killing your parents and asking for leniency as an orphan. Ed

    Re: Reporters to be on the Hot Seat at Libby Trial (none / 0) (#15)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:48 PM EST
    Now this IS going to be the First of a series of the Trails of the Century! First Libby then........the rest. I'm sure everyone in the Bushbag Admin is having sleepless night after night counting colleagues jumping over each other like sheep going to slaughter. Wow! The very thought of it guarantees me I'm going to sleep like a baby!

    Re: Reporters to be on the Hot Seat at Libby Trial (none / 0) (#16)
    by jimakaPPJ on Sat Dec 17, 2005 at 01:05:48 PM EST
    cpinva writes:
    of course, i have no use for maureen dowd or frank rich either, so perhaps i'm not the best person to ask.
    I knew there was something I liked about you. Ed B - And what crimes have "the rest" been charged with? Have done?

    Re: Reporters to be on the Hot Seat at Libby Trial (none / 0) (#17)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:48 PM EST
    I don't see how either the memory defense or the impugn reporters defense has a hope in hell - there are notes from Miller and even Libby himself that contradict him. I think his plan is to waste as much time as possible so he has the least amount of prison time before a pardon.

    Reporters to be on the Hot Seat at Libby Trial | 17 comments (17 topical)