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Waas : What Was Libby's Motive?

Murray Waas has a new article on Scooter Libby up at HuffPo. He recounts yesterday's N.Y Times profile and an earlier WAPO profile, and asks,

How could it be that Libby--- seemingly such a stickler for the rules-- outed Valerie Plame, as prosecutors claim in their case against him?

There is always, or course, the possibility that Libby will be found innocent of any and all of the charges. He should be entitled, as should any of us, to a presumption of innocence.

As Murray notes, people don't become loose cannons overnight. He gives two possibilities:

One possibility for Libby's seemingly incongruous behavior--if prosecutors prove their case--is that Libby acted out of character simply because he was so agitated by what he thought was unfair criticism of himself and the vice president for supposedly misrepresenting intelligence to go to war.

The second is, in my opinion, the more likely one:

But federal investigators from the earliest days of the leak investigation have theorized that Libby was attempting to cover up for Cheney. The loyal staff man was only being loyal. Even in defending Libby, his friend, the political operative, Mary Matalin has described him as "Cheney's Cheney"; "an absolutely salient translator" for the man he adored and was his boss.

Murray then delves into the July 12, plane ride to Norfolk. I'm glad he finds it as significant as I do. As always though, Murray has additional insights, so please, read his whole article. In this part, he quotes from an earlier article of his:

Cheney, Libby, and Martin discussed a then-still highly classified CIA document that they believed had information in it that would undercut Wilson's credibility. The document was a March 8, 2002 debriefing of Wilson by the CIA's Directorate of Operations after his trip to Niger. The report did not name Wilson or even describe him as a former U.S. ambassador who had served time in the region, but rather as a "contact with excellent access who does not have an established reporting record." The report made no mention of the fact that his wife was Valerie Plame, or that she may have played a role in having her husband sent to Niger.

Cheney told Libby that he wanted him to leak the report to the press, according to people with first-hand knowledge of federal grand jury testimony in the CIA leak case, and federal court records.

Cheney believed that this particular CIA debriefing report might undermine Wilson's claims because it showed that Wilson's Niger probe was far more inconclusive on the issues as to whether Saddam attempted to buy uranium from Niger. The report said that Wilson was restricted from interviewing any number of officials in Niger during the mission, and he was denied some intelligence information before undertaking the trip.

Then he adds:

Almost immediately after disembarking Air Force Two, once back in Washington, D.C., Libby made three telephone calls to two journalists: Matthew Cooper, then of Time magazine, and Judith Miller, then of The New York Times.

But during both of those conversations, according to the federal grand jury testimony of both Cooper and Miller, Libby said virtually nothing at all, if indeed anything, about Wilson's report back to the CIA.

Rather, Miller and Cooper testified that Libby intensely focused on the fact that Valerie Plame was a CIA officer, and that she had been responsible for sending her husband on his mission to Niger. The discussion between Libby and Cooper was the first that the then-vice presidential chief of staff and the Time correspondent spoke of Plame. It would be the third interview for Miller in which Libby talked about Plame.

Later, prosecutors were apparently incredulous at the notion that although Cheney and Libby talked so frequently about Wilson and Plame; that both men said that Cheney authorized Libby to leak classified information regarding Wilson just prior to those meetings with reporters; and that both Libby and Cheney have claimed that none of that information regarded Plame; and yet when the actual telephone phone calls with the reporters took place, the emphasis was indeed on Plame.

Murray quotes from Libby's grand jury testimony, contained in public court pleadings:

"Was it a topic that was discussed on a daily basis?" a federal prosecutor asked, speaking of Wilson's op-ed.

"Yes, sir," answered Libby.

"And it was discussed on multiple occasions each day in fact?"

"Yes, sir."

"And during that time did the vice president indicate that he was upset that this article was out there which falsely in his view attacked his own credibility?"

"Yes, sir."

"And do you recall what it is the vice-president said?"

"I recall that he was very keen to get the truth out. He wanted to get all the facts out about what he [Cheney] had or hadn't done--what the facts were or were not. He was very keen on that and said it repeatedly. 'Let's get everything out.'"

The obvious question is, if Joseph Wilson was such a thorn in Cheney and Libby's side and Libby admits being directed by Cheney to "get the truth out" about Joseph Wilson, how could Libby have forgotten what he told reporters and where he learned of Valerie Plame Wilson's employment with the CIA?

To me, there's more than coincidence to the timing of Libby's July 12 calls to Cooper and Miller after getting off the plane from Norfolk. If, as Cooper says, Libby discussed Plame's employment or role in sending Wilson to Niger in that conversation, would he have forgotten doing so by October when questioned by investigators?

That's what his defense centers on. Stay tuned.

And,don't forget, Scooter Libby is presumed innocent today, tomorrow and every day -- unless and until a jury decides differently.

< Bush Agrees to Put NSA Warrantless Surveillance Under FISA | Day Two of the Libby Trial >
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  • Display: Sort:
    why did Libby lie (5.00 / 1) (#3)
    by tworivers on Thu Jan 18, 2007 at 06:26:18 AM EST
    A simple question for Fredo: if everything with Libby is on the up and up, why then did he lie repeatedly about what he was doing in the aftermath of Wilson's NY Times piece?

    And sorry, the whole "I'm a busy man and forgot" defense is not very compelling, particularly in light of Waas's most recent reporting.

    re the timing of Libby's calls (5.00 / 1) (#4)
    by scribe on Thu Jan 18, 2007 at 09:27:16 AM EST
    He made them right after he got off AF2.  So, what's the explanation for that?  

    I'm thinking the answer is something very prosaic, such as (pick any combination):
    (a) the phones on AF2 weren't working that day;
    (b) the phones on AF2 leave a direct caller ID that says "Air Force Two" or something similar on the recipient's call and, more importantly,  the NSA database and the phone company bills;
    (c) Deadeye wanted Scooter to call, but to do it so it didn't look like a Deadeye-ordered hit*;
    (d) Scooter's cell phone wouldn't work on a plane;
    (e) Judy's and Miller's phones were busy when they tried to call from the plane;
    (f) choice (b) above, but the call from the plane was a hangup call, to signal Judy and maybe Miller to block out some time for something important, which would follow shortly but on another line.

    This will be interesting to find out.

    *Viz., the early Sopranos episode, where Christopher has to stand at a "safe" pay phone in a downpour while Tony calls in from Maine, re the witness-protection rat he's found (and strangles) while on Meadow's college visit trip.

    The Charges Against Libby (1.50 / 2) (#1)
    by Fredo on Wed Jan 17, 2007 at 09:15:55 PM EST
    Do the prosecutors really claim that Libby "outed" Valerie Plame?  I thought they were at huge pains to keep all issues about outing away from the jury, assiduously claiming that her status, and its disclosure, were utterly irrelevant to any issue being tried.

    Where are the civil libertarians on the once-principled Left?  Why is this man being prosecuted?  What was the underlying "crime" he is accused of covering up?  Shame, shame on those who used to decry abusive, poltical show-trials.  Why is Fredo not surprised that they do not now step forward to demand that this farce be ended forthwith?  (That's actually a rhetorical question: the frauds on the Left cry only when their own ox is gored, and take salacious delight at the unfair and unethical pillorying of their political adversaries, by whatever means.)

    The perjury charge (none / 0) (#8)
    by Repack Rider on Thu Jan 18, 2007 at 05:20:26 PM EST
    which Republicans considered an impeachable offense when Clinton was president and the lie was in a civil deposition and not even about a matter of national importance, suddenly becomes unimportant when it is one of their own and a matter of national importance.

    The reason Fitz brought perjury charges was to avoid a "graymail" defense that might let this scum walk away from his despicable crime.

    Al Capone was convicted of tax evasion, because it was a lot easier to prove than murder, and got him off the streets just the same.  When Libby said two contradictory things UNDER OATH to the grand jury, perjury is an appropriate charge, and you don't have to expose any secrets.

    Parent

    Fredo is Limited (none / 0) (#2)
    by Jeralyn on Wed Jan 17, 2007 at 10:31:12 PM EST
    to four comments a day. All in excess will be deleted. He has become a chatterer.  See the comment policy.

    Thank... (none / 0) (#5)
    by desertswine on Thu Jan 18, 2007 at 10:57:11 AM EST
    you.

    Parent
    Factual problems with the Waas piece (none / 0) (#6)
    by Tom Maguire on Thu Jan 18, 2007 at 11:32:20 AM EST
    Murray Waas has done some great work on this case; however, this article is not an example of that - there are some glaring factual errors.

    From Mr. Waas, as cited above:

    Almost immediately after disembarking Air Force Two, once back in Washington, D.C., Libby made three telephone calls to two journalists: Matthew Cooper, then of Time magazine, and Judith Miller, then of The New York Times.

    But during both of those conversations, according to the federal grand jury testimony of both Cooper and Miller, Libby said virtually nothing at all, if indeed anything, about Wilson's report back to the CIA.

    From Judy Miller's account of her testimony:

    My notes of this phone call show that Mr. Libby quickly turned to criticizing Mr. Wilson's report on his mission to Niger. He said it was unclear whether Mr. Wilson had spoken with any Niger officials who had dealt with Iraq's trade representatives.

    Libby criticized Wilson's limited access to Nigerien officials?  That is just as Mr. Waas described it:

    Cheney believed that this particular CIA debriefing report might undermine Wilson's claims because it showed that Wilson's Niger probe was far more inconclusive on the issues as to whether Saddam attempted to buy uranium from Niger. The report said that Wilson was restricted from interviewing any number of officials in Niger during the mission, and he was denied some intelligence information before undertaking the trip.

    And this from Mr. Waas, regarding Matt Cooper's testimony, is just flatly contradicted by the published accounts:

    But during both of those conversations, according to the federal grand jury testimony of both Cooper and Miller, Libby said virtually nothing at all, if indeed anything, about Wilson's report back to the CIA.

    Rather, Miller and Cooper testified that Libby intensely focused on the fact that Valerie Plame was a CIA officer, and that she had been responsible for sending her husband on his mission to Niger.

    Let's go to Matt Cooper, writing in TIME:

    On background, I asked Libby if he had heard anything about Wilson's wife sending her husband to Niger. Libby replied, "Yeah, I've heard that too," or words to that effect. Like Rove, Libby never used Valerie Plame's name or indicated that her status was covert, and he never told me that he had heard about Plame from other reporters, as some press accounts have indicated.

    Libby was so "intensely focused on the fact that Valerie Plame was a CIA officer" that he waited for Cooper to bring it up, then said "I heard that, too"?  Please.

    As a matter of fact, Libby testified that it was he who raised the Plame topic with Cooper; but that it not at all what Mr. Waas wrote.  In any case, Libby and Cooper had a fairly lengthy discussion about the Niger trip - Ms. Plame seems to have been a very minor point.

    I think those factual flaws are somewhat central to the argument on offer here.

    fredo (none / 0) (#7)
    by diogenes on Thu Jan 18, 2007 at 03:14:32 PM EST
    Back to Fredo, if weeks of a special prosecutor and grand jury did not even find sufficient cause to indict Libby for outing Valerie Plame, then why is Waas so definitively sure that it happened?  

    Libby/wilson/plame (none / 0) (#9)
    by zazU on Fri Jan 19, 2007 at 12:24:26 PM EST
    I'm in the dark here, will
    Wilson be called to testifiy and if not
    why not?  Doesn't he have relevant information
    that would be important?

    Parent
    I'd say no (none / 0) (#10)
    by Deconstructionist on Fri Jan 19, 2007 at 12:52:10 PM EST
      What relevant testimony could Wilson possibly provide? the charge is lying about his conversations with other people when Wilson was not present.

      Moreover, even if Wilson couls provide testimony relvant to the case before the Court, I'd think a smart prosecutor would still not use him unless it was either absoultely necessary because other sources of the same facts did not exist. It would seem to me that injecting him into the case would only help the defense by buttressing the whole "criminalizing politics" argument.

      Keep it simple and keep the jury focused on the offense.