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Prosecution Rests in Scooter Libby Trial


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After hours of more cross-examination of Tim Russert, the prosecution rested today in the Scooter Libby trial. Firedoglake has all the details.

It's hard to know where the defense plans to go — at times they seem to be claiming that Russert had a bad memory, at others that he was lying to cover his ass, and then at still others that he was lying because of malice toward Libby. But it never seemed to come together in some kind of consistent, cohesive view of what happened, and unless they can shake the jury's faith in Russert it's going to be tough to get them to believe Libby's story. The jurors seemed restless and uninterested throughout Wells' cross-examination of Russert, and aside from coming off as a bit of a scum for his First Amendment hypocrisy and his opacity with regard to how easily he gave up Libby's "confidentiality" to FBI agent Jack Eckenrode, he came off as credible.

Team Libby didn't manage to find any chinks in his armor that really seemed to cast much doubt on his really quite simple story about his conversation with Libby.

I guess Wells reverted back to his lumbering style of cross-examination that I witnessed last week. I'm sorry to hear that, not because I'm rooting for Libby but because I like a good,evenly matched trial and I like to see defense lawyers shine.

More....

Monday the defense case begins, probably with Jill Abramson of the New York Times who is expected to not remember being told something that Judith Miller told her. I'm not going to write much about Andrea Mitchell because I think she's a total red herring in this trial, which is solely about whether Libby lied to investigators and the grand jury and obstructed justice. Even if she did know about Joseph Wilson's wife, which she denies, there's no evidence she told Tim Russert, who then told Scooter Libby. It's far too speculative. As Fitzerald said in court today:

“If we allow this line of questioning we might as well throw out Wigmore on Evidence and replace it with Imus on Evidence….There is no Imus exception to the hearsay rule.”

I wish the defense would just stick to its two decent defenses, poor memory and lack of motive. I might not buy them, but the jury might. These hours-long crosses bore the jury and end up making it seem like the defense is just throwing anything and everything on the wall hoping something will stick.

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    there isn't (3.00 / 2) (#2)
    by cpinva on Fri Feb 09, 2007 at 12:50:53 AM EST
    an "Imus" exception, on evidence? damn, who knew!

    part of the trouble i'm having with this whole trial is the "esoterica" aspect of it: at times, it doesn't seem at all clear exactly wtf libby is being tried for, and why this is important.

    yes, yes, i actually do know, but i must admit some sympathy for the jurors, who are being challenged to stay conscious for the whole thing. i hope they're at least being fed well.

    the kernel of the trial was in Russert's redirect (none / 0) (#3)
    by scribe on Fri Feb 09, 2007 at 06:27:30 AM EST
    yesterday.

    In about 10 Q&A Fitz re-established that (a) Libby called Russert, (b) Russert didn't know about Plame until after the Novak article, (c) Libby never told Russert about it, (d) Russert didn't know about the contents of the indictment until after it was released and he read it and (e)  when Russert read the indictment, the portions of Libby's grand jury testimony reproduced therein - about what Libby said Russert told Libby - bore no relation to reality (and therefore were false).

    This pretty much indisputably established that Libby testified falsely to the GJ.  The rest of the elements: that Libby's false testimony was deliberate, and so on, were established by the remainder of the testimony and evidence.  Everything built up to that point and, I think we'll see on reflection, was put there to support it.

    That Fitz was able to bring that out on redirect was, IMHO, in no small part the fault of Wells' cross - I thought he went much too far afield into minutiae.  In so doing Wells may well have  convinced the jury that he and his client have to bring up quibbles over whether Russert forgot about his tiff with a Buffalo, NY newspaper reporter because, in reality, they've got nothing substantial upon which to defend. Or, in other words he's toast, knows it, and all this is just flailing about.  Moreover, Fitz didn't get that in (at least not that clearly) during his direct and had to wait until redirect because he used Wells' cross and his tendencies to go long and go far afield against Wells.  Wells arguably opened the door to the (pretty dam*ing) redirect with his cross and his repeated pushing the envelope and asking for (and getting) a little more leeway for his cross.  In other words, it appears Fitz saw what Wells' tendencies were and let him have the rope.

    Further, Wells' cross went on entirely too long and as a result, Fitz was able to have the jury go home for the entire three-day weekend (no trial today) with the last thing in their minds being Russert doing everything but saying "he's guilty - his testimony to the grand jury was a lie".  The second part of that quote, fairly, Russert did say.  This is a problem for the defense which will be telling - the jury has three days during which the only impressions in their mind will be of the prosecution and the last will be the prime witness saying "Libby lied".

    Pretty masterful, if you ask me.

    Parent

    Tool box (none / 0) (#1)
    by Che's Lounge on Thu Feb 08, 2007 at 11:32:26 PM EST


    I wish I knew more (none / 0) (#4)
    by MiddleOfTheRoad on Fri Feb 09, 2007 at 11:57:41 AM EST
    There is still a lot we don't know about and probably we will never know.

    One aspect I wish we knew more about was Novak.  Novak did not put up a fight.  It should also be clear that Novak was sympathetic to Rove/Libby and not to Armitage.  It is also known that FBI suspected Rove and Novak of coordinating a cover story.

    In that light I find it interesting that Novak said later that the name was given to him by people who came to him.  Armitage does not fit either.  Why did Fitz not pursue this at all?  Why did he not subpoena Royce and Phelps?

    Trial (none / 0) (#5)
    by Tom Maguire on Fri Feb 09, 2007 at 12:01:58 PM EST
    From the FDL excerpt:

    The jurors seemed restless and uninterested throughout Wells' cross-examination of Russert,

    From Neil Lewis of the Times:

    [The jurors] seemed to pay close attention as Mr. Wells, known for his cross-examination skills, and Mr. Russert, a successful public communicator, went at each other for a second consecutive day.

    From the post:

    Even if she did know about Joseph Wilson's wife, which she denies, there's no evidence she told Tim Russert, who then told Scooter Libby. It's far too speculative.

    All the ruminations I see on the web that Cheney ordered the Plame outing must drive you to distraction, then, seeing as how they are speculative and lack evidence.

    From the FDL:

    It's hard to know where the defense plans to go -- at times they seem to be claiming that Russert had a bad memory, at others that he was lying to cover his ass...

    If the jury entertains reasonable doubt as to whether Russert is a liar with a bad memory, Mission Accomplished.

    Actually, he put on quite a show - apparently he had two meetings with the FBI but only remembers one?  How many FBI meetings has he had in his life, anyway?

    And he allowed NBC to submit a false affidavit to the court?

    Well, he is under oath now, so its all good.

    Personally, I can think of reasons for him to lie in about five seconds.  Actually, I can think of five million reasons a year for him to lie - if he had told the truth in 2003/4, he might have chiiled his sources and his newsroom, so he offered equivocal testimony with wiggle room to exit.

    To his surprise, this case went to trial, and now if he 'fesses up that he did talk about Wilson's wife, he really will be out of a job - hard to see how he keeps it if he misled the grand jury and let the Libby indictment hang out there for over a year.

    True?  Who knows, other than Russert and Libby (and they may have forgotten.)

    Reasonable doubt?  Why not?

    Set against that, no one can explain how the addition of Russert into the mix helped Libby's story.  Libby told the FBI that Rove told him on the 10th that Novak had the story; Libby told Rove (he says) that he told Rove about Russert.

    Fine - take Russert out of it.  Liiby's new story is, Rove reminded me on the 10th when he told me about Novak; then I leaked to Cooper and Miller.

    That works just as well, and leaves Russert out (yes, I am aware of the other problems with that story).  My point is, what did Russert add to Libby's story other than a chance to get busted?

    So - Libby had no reason we can think of to drag Russert into his alibi.

    Russert has plenty of reasons to stick to whatever story he originally told.

    You think the jury should believe the guy with a motive to lie, who has already lied to a judge on this case?  Or is there reasonable doubt on the Russert counts?

    (Obviously, Libby could still get convicted on other testimony; with or without Russert, a reminder from Rove on the 10th can't explain his chat with Ari on the 7th.)

    As to Andrea Mitchell - she has the same "keep the job" incentive to continue Tim's cover up.  

    I think the jury ought to see her demeanor as she tells her story, and I think she ought to look Libby in the face if her story is going to help send him to jail.

    I also think there is a decent chance she and Russert are engaged in a cover-up.  Do I "know" this?  Of course not.

    OK, /tirade.  Have a great weekend.

    ya, but... (none / 0) (#7)
    by jdmckay on Fri Feb 09, 2007 at 01:15:58 PM EST
    And he allowed NBC to submit a false affidavit to the court?

    not really... no.

    Personally, I can think of reasons for him to lie in about five seconds.  Actually, I can think of five million reasons a year for him to lie - if he had told the truth in 2003/4, he might have chiiled his sources and his newsroom, so he offered equivocal testimony with wiggle room to exit.  To his surprise, this case went to trial, and now if he 'fesses up that he did talk about Wilson's wife, he really will be out of a job - hard to see how he keeps it if he misled the grand jury and let the Libby indictment hang out there for over a year.

    Right.  I'd sure like to see your type of due diligence applied to entire Wilson/Plame smear... actually to entire GWB Iraq invasion buildup.

    True?  Who knows, other than Russert and Libby (and they may have forgotten.)

    Reasonable doubt?  Why not?

    "why not" pretty much summarizes purposefullness of entire GWB foriegn policy AFAIC.

    I will allow that juror's questions after Fitz rested indicate jury scrutiny applied to Russert, as there should be.  And I don't trust him as far as I can carry an elephant...

    But there's no evidence whatsoever that Timmy lied: no phone calls, no notes, no corroborating witnesses.  Seems best shot is Andrea.  But then, from what I've seen, she's going to only impeach herself... which in her case is par for the course.

    Parent

    Speculation vs trial (none / 0) (#9)
    by MiddleOfTheRoad on Fri Feb 09, 2007 at 02:06:18 PM EST
    Tom Maguire says: All the ruminations I see on the web that Cheney ordered the Plame outing must drive you to distraction, then, seeing as how they are speculative and lack evidence.

    There is a difference between speculating on the web and proving in a trial.

    In the absence of evidence I am don't see the proof that Cheney ordered the code red.  Libby's lies certainly point to some hanky panky for which he was being the firewall.  But it is not definite proof.

    Parent

    kool-aid (none / 0) (#11)
    by squeaky on Fri Feb 09, 2007 at 06:29:29 PM EST
    So - Libby had no reason we can think of to drag Russert into his alibi.

    Not that I trust Russert but there is good reason to think that Libby did not think this case was going anywhere, especailly at the time of the FBI interviews. Ashcroft, if you remember was at the helm at that time and the party was in lockstep.

     After Mary Martin's testimony is seems clear that the WH considered Russert as their personal waterboy. So if the case did turn out to have legs Russert would avoid testimony or back him up having nothing to lose.Libby was drinking the kool-aid big time back then, now it seems that he may have ODed.

    Parent

    My Columbo moment (none / 0) (#6)
    by Tom Maguire on Fri Feb 09, 2007 at 12:10:31 PM EST
    Oops, one more thing - if you were Libby, intent on inventing a "reporters told me" story, would you pick:

    1.  Tim Russert, about whom you know nothing;

    2.  Bob Novak, who does talk to you sometimes;

    3.  Judy Miller, also a sometime contact.

    Why didn't Libby "invent" the story that Judy told him on June 23?  Or July 8?  He knew that she was in touch with everyone with an interest in debunking the Wilson story - wasn't she the perfect fall gal?

    Or, if he is too much of a gentleman, why not blame Novak?

    Or David Sanger of the Times, who talked to him in early July?

    Or Pincus, who had talked to him and had even written that he had received a Plame leak before Libby testified?  Why not say, "Pincus told me" and play he-said/he-said?

    Instead, of all the reporters in all the gin joints in all the world he picks Russert.

    And by uncanny coincidence, not one but two of Russert's colleagues may have gotten a Plame leak.

    Some lucky guess.

    was their best format (none / 0) (#10)
    by MiddleOfTheRoad on Fri Feb 09, 2007 at 02:11:11 PM EST
    Maybe he remebered Martin mentioning that Russert was their best format.

    Plus at that time it did not matter because under Ashcroft reporters would not have been pursued.

    Parent

    My really last gasp on Russert (none / 0) (#12)
    by Tom Maguire on Sat Feb 10, 2007 at 07:49:12 AM EST
    But there's no evidence whatsoever that Timmy lied: no phone calls, no notes, no corroborating witnesses.

    As to Libby's overarching story - I was remainded/learned on the 10th - obviously there is evidence that the story is, hmm, inconsistent with reality, since Ari Fleischer claims he talked to Libby about Plame on the 7.

    And if I were a juror I would certainly weigh that a guy who was confused/lying about when he learned about Plame might be confused/lying about Russert.

    But... evidence that Libby knew of Plame before talking to Russert is not evidence that Russert did not talk about Wilson's wife in some context - it is evidence that Libby's memory/honesty is shaky.

    And we have plenty of evidence that Russert's memory/honesty is shaky - he can't remember if he told his own boss about the FBI interview?

    So - on the specific question of whether Russert mentioned Wilson's wife to Libby, we have no evidence either way - neither side has contemporaneous notes, emails, witnesses, etc.

    But Russert has a much more obvious motive to have misled investigators on this one point.


    And we have plenty of evidence that Russert's memory/honesty is shaky - he can't remember if he told his own boss about the FBI interview?

    Then you ought to read Libby's grand jury testimony and state that Libby is totally dishonest.

    But Russert has a much more obvious motive to have misled investigators on this one point.

    Really?  And what might that be?

    Parent