Reidblog [The Reid Report blog]

Think at your own risk.
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Monday, October 31, 2005
Don't call him 'Scalito'
A Democratic "talking points memo" on Judge Alito hits the Italian-American where it hurts: in the mafia... The memo reads in part:
Samuel Alito is a judge on U.S. Third Circuit Court of Appeals. Appointed to this position by President George H.W. Bush in 1990, Alito is often referred to as “Judge Scalito” because of his adherence to Supreme Court Justice Antonin Scalia’s right-wing judicial philosophy. While serving as a U.S. Attorney, Alito failed to obtain a key conviction, releasing nearly two dozen mobsters back into society. Based on his Third Circuit opinions, Alito has established himself as a potential foe to immigrants, reproductive rights, and civil liberties.

Apparently, we know it's bad because Chris Matthews is not amused. Confirm Them tracks down the writers.

The National Italian American Foundation is not amused either (and they've got more reason to be) ...

Overall, sounds like bad strategy on the part of a couple of press guys. But if all the right has is this, a bunch of wild swings at the canned responses of Democratic Senators, and the "sloppy seconds" quote? I guess the "battle of ideas" is already passe...

Tags: , Politics, SCOTUS, Law, News, ,
posted by JReid @ 11:03 PM  
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Back in love again?
The reaction around the right wing portion of the blogosphere has, surprise surprise, being universally positive re the Alito nomination. But what's interesting, is that there's not much praise for Bush himself in the posts -- just a lot of venom against the boogeyman called "the left." Still, Bush has helped himself here, and like his chubby little friend Karl, has dodged a bullet using the world's oldest weapon: supine groveling and giving the bully all your lunch money -- and your allowance, too...

I think the guys at Confrimthem are actually having orgasms over this nomination. Kind of creepy, guys...

Could David Frum be any more nausea-inducing with his contrite entreaties to be returned to the bosom of the White Hosue, now that George has stopped playing presidential dress-up and done what he was told?

The Corner has run out of ingenuity now that they've gotten their way. It just isn't interesting anymore...

Powerline makes my point from the previous post: "We're about to get the fight over Constitutional principles that conservatives have looked forward to for years."

Michelle Malkin has no direct praise for Bush, but likes the fact that he picked a white guy. She would...

LaShawn Barber still sounds a big peevish ("Selecting an experienced, sitting judge for the Supreme Court instead of an inexperienced former employee…what a novel idea!...") satisfied, but peevish ...

Hugh Hewitt is all geared up to fight for his big daddy ... I mean his president ...

Score: pointy headed meanies: 1, Bush (and Hugh Hewitt), 0

Tags: , Politics, SCOTUS, Law, News,
posted by JReid @ 10:12 PM  
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Bush's 'sloppy seconds'
Funniest thing I've heard all day...
“Scott, you said that – or the President said, repeatedly, that Harriet Miers was the best person for the job. So does that mean Alito is sloppy seconds, or what?”
John Roberts, you're my new favorite White House correspondent...

Tags: , Politics, SCOTUS, Law, News, ,
posted by JReid @ 5:25 PM  
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From indictable to promotable in 60 seconds
Wasn't John Hannah recently warbling to friends about his fear he'd be indicted in the Plamegate case? Oh that's right, he cooperated ... Well, now he's got ole' Scooter's job -- or half of it, anyway... And as for the other guy, Addington ... he was named in last week's Libby indictment, too... Strange goings on in the land of Dick Cheney...

Raw: did Dick lie to investigators?
Wilson: Our 27 months of hell

Tags: , , , , Karl Rove, , White House, PlameGate
posted by JReid @ 5:08 PM  
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Take the "A" train
Bush took the easy way out of his political mess by responding to the base's commands and nominating Alito. Democrats shouldn't take the knee-jerk route by responding predictably. C'mon, guys, we're dealing with a weakened, has-been president here, not Ronald freaking Reagan. George W. Bush is so yesterday -- let's focus on 2006; on pulling together a strong message (or any message at all at this point), and on uniting the country behind the idea of new leadership in Washington. The Supreme Court will be fine. Even if by some miracle Alito helps overturn Roe (which I doubt), moderates have long since won the battle over abortion rights, and the states will cancel them at their peril (rather, at Republicans' peril). The left has (in many ways unfortunately) long since won the culture wars (have you watched MTV lately? I haven't, because I can't do so with my kids in the room...). So take a deep breath. Let Dubya have his nominee. It's pretty much all he's going to get.

Related Armando at the Daily Kos manages to miss Bill Clinton's point entirely. The point isn't to fight everything and anything, just for the sake of looking tough, it's to fight smart...

Update: What Bill Clinton said on abortion:

He said Democrats too often aren't willing to talk about abortion because they're afraid of virulent reactions from anti-abortion groups.

But the vast majority of people fall somewhere in the middle, agreeing that abortion is a tragedy but not wanting "to go back to the days when we criminalized the conduct of scared young girls and their doctors," he said.

"So how come we can't talk about it?" he added. "Because we basically let political ads turn every player in this drama into a two-dimensional cartoon instead of a three-dimensional person."
That doesn't sound like a call to arms to abandon the mushy middle to me, it sounds like an appeal to Democrats to embrace the majority.

Update 2: Time has More on Alito ... Don't call him "Scalito" -- at least, not to his face...

Tags: , Politics, SCOTUS, Law, News,
posted by JReid @ 4:03 PM  
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Don't fall for the "DistractAlito"
I haven't had much time to blog today, but my take on the Samuel Alito nomination won't take much time: If the Democrats were smart -- and I've never been known to accuse them of that -- they would respond to the nomination to the Court (with the clear evidence of White House distraction politics) with the following emotion: acceptance.

Because he is already a sitting judge, he has already cleared Senate confirmation before, and can hardly be dismissed as either an unqualified crony or as a "crazy." Think of him as the conservative Ruth Bader Ginsberg -- then quietly await the confirmation hearings, and barring breaking news that he's a child molester, confirm him. Deny the most rabid elements of the conservative movement their Armageddon, rain on their judicial warfare parade, and move on to other matters.

Update: I guess restraint was too much to hope for ...

Tags: , Politics, SCOTUS, Law, News,
posted by JReid @ 1:40 PM  
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Saturday, October 29, 2005
Really, Tucker?
Tucker Carlson continues to dismiss the outing of Valerie Plame as essentially risk-neutral for the federal government, and not a very important crime. He criticized prosecutor Patrick Fitzgerald repeatedly Friday both for failing to indict on the underlying crime of leaking classified info, and then for stating in his opening remarks that the unmasking of Plame harmed U.S. national security, without detailing precisely how (I had no idea that it was part of the prosecutor's burden to explain to the public precisely how our national security was harmed -- and how he'd do that without himself disclosing classified information, but there you go, Tucker's World...) I wonder if the Bow Tie will be watching "60 Minutes" on Sunday. If Drudge's leak is accurate, Tucker may have to eat his words:

Tags: , , , , Karl Rove, , White House, PlameGate
posted by JReid @ 1:16 AM  
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Sillyville
Ronnie Earle subpoena's MoveOn's director to counter Tom DeLay's quest to trade his supposedly liberal T-shirt buying magistrate for a Republican judge. He also makes the smart move:
Earle also subpoenaed records from the Texas Ethics Commission of political contributions from 2000 to 2005 by nine judges in Tarrant County, 17 in Dallas County and five in Travis County.

DeLay has requested that his trial be moved out of Austin's Travis County, where Earle is the district attorney and Perkins is the judge. Tarrant and Dallas counties are possible locations should the trial be moved.

Almost all Tarrant and Dallas judges whose records were subpoenaed have made federal political contributions to Republican groups, according to the Center for Responsive Politics.
Your move, money launder man ...

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posted by JReid @ 1:09 AM  
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WaPo breaks down the cabal
The diary of Scooter and old cooter and all their friends who wanted desperately to invade Iraq ...

Tags: , Middle East, War
posted by JReid @ 1:04 AM  
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Karl Rove: Witness for the prosecution?
From AP:

AP: Mysterious 'Official A' is Karl Rove

By PETE YOST, Associated Press Writer

Published: October 28, 2005 10:12 PM ET

WASHINGTON
In a sign of the trouble lingering for the Bush administration, the indictment handed up Friday in the CIA leak probe refers to someone at the White House known as "Official A."

The unidentified official could become a courtroom witness against I. Lewis "Scooter" Libby, who left his job as vice presidential aide shortly after his indictment on charges of obstruction of justice, making false statements and perjury.

Several other unnamed officials mentioned in the indictment were identified Friday afternoon by Justice Department officials.

But not "Official A."

The mysterious official is identified in the indictment only as "a senior official in the White House."

No mention is made of Karl Rove, the president's political adviser who remains under investigation by Special Counsel Patrick Fitzgerald.

It has been known that columnist Robert Novak spoke to Rove on July 9, 2003, saying he planned to report over the weekend that Valerie Plame, the wife of Bush administration critic Joseph Wilson, had worked for the CIA. Rove told the columnist he had heard similar information.

Friday's indictment says "Official A" is a "senior official in the White House who advised Libby on July 10 or 11 of 2003" about a chat with Novak about his upcoming column in which Plame would be identified as a CIA employee.

Late Friday, three people close to the investigation, each asking to remain unidentified because of grand jury secrecy, identified Rove as Official A.
If Rove is now a prosecution witness, that would certainly explain the delay in indicting him -- the better for the prosecutor to hold a dagger over his head and "compel" his truthful testimony. But I'm still wondering just what Rove's attorney handed over that gave Fitzgerald (whom I'm sure is sick of being called "Fitzpatrick" by the talking head parade...) such "pause..." Did he give up a bigger fish in hopes of saving himself? Or did he drive the nail into Libby for the same reason? If so, it suggests the neocons (and possibly the vice president) are drifting into the "them" category versus the George W. Bush bunker...

Meanwhile the Times says the Libby case (should it ever go to trial -- which I doubt) will pitt the source against the journalists. That's a credibility battle that, post-Katrina, the media folks could actually win...

Tags; , , , , Karl Rove, , White House, PlameGate, , Middle East, War, Terrorism, Foreign Policy,
posted by JReid @ 12:54 AM  
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Friday, October 28, 2005
Pause for the cause
From the WaPo evening writeup of the Libby indictment:
An attorney for Rove, Robert Luskin, said in a statement this morning, "The Special Counsel has advised Mr. Rove that he has made no decision about whether or not to bring charges and that Mr. Rove's status has not changed. Mr. Rove will continue to cooperate fully with the Special Counsel's efforts to complete the investigation. We are confident that when the Special Counsel finishes his work, he will conclude that Mr. Rove has done nothing wrong."

Rove provided new information to Fitzgerald during eleventh-hour negotiations that "gave Fitzgerald pause" about charging Bush's senior strategist, said a source close to Rove. "The prosecutor has to resolve those issues before he decides what to do."

Tags; CIA leak, Plame, Valerie Plame, Joe Wilson , Karl Rove, Scooter Libby, White House, PlameGate, Iraq, Middle East, War, Terrorism, Foreign Policy, politics
posted by JReid @ 7:47 PM  
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The curious history of the neocons and the CIA
I happened across a bunch of interesting links today while trolling for insights into the Libby indictment (ok, and trying to read Patrick Fitzgerald's Brooklyn accented mind...) It seems to me that given the situation in Iraq, neoconservatism is decidedly on the ropes. As evidence, note how many of the core neocons have been driven out of government -- some gently (Wolfowitz was ushered to the World Bank, Bolton to the U.N., Feith and Cambone quietly retired), some not so gently (Larry Franklin charged with passing U.S. secrets to AIPAC, Neocon mouthpiece Judy Miller probably out of a job at the NYT -- have you perused her history? Guess who she once wrote a book with ... and now Scooter Libby indicted after apparently lying to investigators and perjuring himself before agrand jury in order to protect his boss, friend and key neocon patron, Dick Cheney.)

The PlameGate affair grew out of a fundamental dispute between the neocons and their veep, and the CIA, which was, by the neocons standards, not eager enough to embarkupon their signature project: the invasion of Iraq. The neocons have a history of thinking the American intelligence establishment too genteel with the use of war, but they weren't always on the opposite side as the CIA. In fact, there is evidence that they were originally a product of the CIA. Interesting links here, here and here...

Fascinating stuff. The only question is when this prescient paragraph from Lew Rockwell back in 1997 will come to pass, and the Krauthamer, Kristol, Frum wing of the punditocracy will, like their counterparts in government, ushered off the stage:
The grassroots are hated by the neocons for precisely that reason. The man on the street, the movement conservative, the Perot voter, the Libertarian Party man – they all want the troops brought home and the tyranny of the US empire brought to a halt. When the leaders of the empire try to talk down to normal people, they are jeered off the stage. The RRR position – no more war – is more and more the position of the American people. That’s a strike for peace and a strike for liberty.

Tags: , Middle East, War, Foreign Policy, Neoconservatives
posted by JReid @ 7:29 PM  
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Bloomin' hell

Poor Freddie Ferrer. How do you beat a supposedly Republican mayor in a Democratic city with stuff like this happening to you? Read the complete Daily News story here.
posted by JReid @ 7:27 PM  
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While you were out
Here are some of the headlines you might have missed while watching Scooter Libby take the first step toward his hermetic sealing off from his former compadres in the Bush administration:

Rosa Parks' body to lie in state at Capitol. [More]
Oil industry tries to put positive spin on record profits. [More]
Support for war drops among NC military. [More]
U.S. forces in Iraq hit high of 161,000. [More]
51 fired from New Orleans police department for abandoning their posts during Katrina. 228 still under investigation. [More]
Iran leader defends anti-Israel remark. India, China join in international condemnation. [More]
Islam feminists call for 'gender jihad.' [More]
For first time in its history, Red Cross borrowing funds. [More]
Unwed births in U.S. set a record. [More]
Da Vinci Code author set to go to trial in lawsuit claiming theft of ideas. [More]
Syria's ruling family could be in jeopardy. [More]
Woman wins lottery; but ticket bought with stolen credit card. [More]
NY sex offenders told to make themselves scarce on Halloween. [More]
posted by JReid @ 7:13 PM  
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Who supports this war?
When you shear off the neocons, the Hugh Hewitt-like Bush-bots and the partisan hacks (hello, Jay Sekulow!) Who really supports the war in Iraq? The military rank and file, right...? Maybe not so much, at least, not in the red, red state of North Carolina...

More than half the North Carolina military members surveyed in the latest Elon University poll don't like the way President Bush is handling his job and the war in Iraq.

The survey results were released today.

Of the 539 adults surveyed, nearly 53 percent of military members said they strongly disapproved or disapproved of Bush's handling of his job. And 56 percent of that same group said they strongly disapproved or disapproved of his handling of the Iraq war.

Overall, slightly more than 53 percent of those surveyed did not approve of Bush's job performance, while 57 percent didn't approve of his handling of the Iraq war.

The telephone poll was conducted between Monday and Thursday and has a margin of error for the entire sample of plus or minus four-point-three percentage points.

Small sample to be sure, but interesting result...

Tags: , Middle East, href="http://www.technorati.com/tags/War">War, Foreign Policy, Military
posted by JReid @ 7:07 PM  
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Rove believed to be "Official A"
So says David Schuster on MSNBC a moment ago...
posted by JReid @ 7:06 PM  
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The 'defiling of the White House"
From Joe Wilson's statement on the Libby indictment, delivered today by his lawyer, Christopher Wolf:
"When an indictment is delivered at the front door of the White House, the office of the president is defiled. No citizen can take pleasure from that. As this case proceeds, Valerie and I are confident that justice will be done..."

Read more here.

Tags; , , , , Karl Rove, , White House, PlameGate, , Middle East, War, Terrorism, Foreign Policy,
posted by JReid @ 4:34 PM  
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The four horsemen
Update: Reverse course -- the undersecretary of state is not John Bolton, it's Marc Grossman...
The indictment showed that Libby began seeking information about Wilson and his wife in late May 2003, some six weeks before Plame's identity was publicly disclosed in a July 14, 2003, newspaper column by Robert Novak.

It appears that Libby first learned that Wilson's wife worked at the CIA -- and that she was involved in organizing his trip to Niger -- on June 11 or June 12, 2003 in conversations with the undersecretary of State and a senior officer at the CIA, who were not identified by name. The undersecretary referred to in the documents is Marc Grossman.

The indictment also highlighted Cheney's role. Libby learned from Cheney himself on June 12, 2003, that Wilson's wife worked in the counterproliferation division of the CIA.

Fitzgerald declined to predict when Libby's trial would begin but said he would not be arrested.

As for Rove, legal sources said the key Bush aide could at a later date face perjury charges for initially failing to tell the grand jury he talked to a Time magazine reporter about Plame.
And from an astute Washington Note reader:
The Undersecretary of State referenced in the indictment is not John Bolton -- it is Marc Grossman, the former U/S for Political Affairs. Because Powell and Armitage were out of the country at the time, Grossman was Acting Sec State. Hence, the State Department's INR forwarded Grossman the memo on the Niger stuff and Plame and Wilson's role, and Grossman forwarded it on to the White House.
Nothing sinister -- Grossman was just peforming his bureaucratic function.

There'll be no Moustache chronicle here ... I'll leave the original post active below just for the sheer joy of rampant speculation ...

Original post: Okay, zeroing in on the four horsemen of the Bush apocolypse; three of the four sources for Scooter Libby (the "undersecretary of state," the "senior CIA official," the "counsel" to Cheney and Cheney himself, and the original leaker to Bob Novak -- which may be one of the four, or which could be someone else -- are still out there. Joshua Marshall helps out with the treasure hunt. Following his instructions, I surfed over to the State Department web-site and looked up the organizational chart to locate the undersecretary of state in charge of intelligence and non-proliferation:


Under Secretary for Arms Control and International Security -- Robert Joseph
The Under Secretary leads the interagency policy process on nonproliferation and manages global U.S. security policy, principally in the areas of nonproliferation, arms control, regional security and defense relations, and arms transfers and security assistance.
More on the undersecretary's job description:


"... the Under Secretary attends and participates, at the direction of the President, in National Security Council (NSC) and subordinate meetings pertaining to arms control, nonproliferation, and disarmament and has the right to communicate, through the Secretary of State, with the President and members of the NSC on arms control, nonproliferation, and disarmament concerns. ..."
Mr. Joseph is absolutely not in the crosshairs -- he has only been in the job since June. At that time, the job was vacated by none other than John Bolton.

... As for the veep connection, Google search of "coounselor to the president" during the relevant perios brings up a bona fide member of the White House Iraq Group: Mary Matalin. In fact, Matalin is the only member of the WHIG who fits the description "counsel" or "counselor" to the vice president.

... We also know from news reports that Cheney has at least convinced Scooter Libby that he got the scoop on Joe Wilson's wife from former CIA chief George Tenet, although there's no reason he and Scooter couldn't have dredged up the information during their many trips to the agency trolling for damning information with which to convince the Congress we should invade Iraq.

...And then there's Cheney himself, whom Fitzgerald pointedly refused to point a finger at today, but whom he by no means affirmatively cleared.

All just speculation, but interesting speculation...

Update: The Wash Note's Steve Clemons agrees with me about Bolton, and speculates that Fred Fleitz, a former Bolton aide and a former CIA operative, could be the "senior CIA source."

Tags; , , , , Karl Rove, , White House, PlameGate, , Middle East, War, Terrorism, Foreign Policy,
posted by JReid @ 3:30 PM  
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Fitzgerald's findings -- more questions
Bloggers and will surely be climbing over Michael Issikoff and Murray Waas in a race to discover the identity of the four people identified by Fitzgerald as Libby's Plame sources. One is a "senior CIA officer," one is an undersecretary of state (Bolton, perhaps...?), one is a "counsel to the vice president," and one is Dick Cheney.

Speaking of Cheney, here is his statement on Libby's troubles today (courtesy of The Washington Note):

Mr. Libby has informed me that he is resigning to fight the charges brought against him. I have accepted his decision with deep regret. Scooter Libby is one of the most capable and talented individuals I have ever known. He has given many years of his life to public service and has served our nation tirelessly and with great distinction.

In our system of government an accused person is presumed innocent until a contrary finding is made by a jury after an opportunity to answer the charges and a full airing of the facts. Mr. Libby is entitled to that opportunity.

Because this is a pending legal proceeding, in fairness to all those involved, it would be inappropriate for me to comment on the charges or on any facts relating to the proceeding.

Another Fitzgerald paraquote from his presser today on the "why no leak charge" question: "Knowing that [Libby] learned the classified information [about Plame] and knowing that he gave that information to someone outside the government who was not entitled to receive it, and knowing it was classified, is not enough." You need to know that he understood all of those things and disclosed it anyway. "It doesn't matter what statute you use to vindicate the [public] interest. If Mr. Libby is found guilty of the charges, it will vindicate the public interest and hold him accountable. You wouldn't say that he was convicted under the wrong statute."

Fitzgerald is essentially saying that prosecuting Libby perjury and obstruction is another way to get at the same end that prosecuting him on the leak itself would: getting to the bottom of how and why classified information was leaked to unauthorized persons, and punishing those involved (starting with Libby) ...

More Fitzgerald: "This indictment is not about the war, and persons who oppose the war or persons who favor the war ... should not look to this indictment to vindicate their feelings. ... They would be disappointed and I think it would impede the process..." (Fitzgerald also made the point that "there is no law that says if you simply give classified information to someone else, that's a crime." There is no "official secrets act" as in England. There is a narrow statute under which you could charge someone with a serious national security violation.) What it seems is that if Libby hadn't lied to the grandy jury, no indictments would have been handed down, at least at this stage... which leads to more questions -- why would Libby take that chance? He's a lawyer and surely understands the jeopardy he placed himself in. Why did he go so far as to lie to the FBI and "repeatedly" to the grand jury? To protect Cheney? To protect someone else?

I've got more questions than answers or any form of "vindication" at this point...

Updates:

Bloomberg says the Indictment of One weakens Bush further.

RawStory is reporting that Fitzgerald may be holding out for much more serious charges against Karl Rove, stemming from those forged documents and possible "misuse of classified information..." (more RawStory scoopola here) ...

Libby's replacement has been named, and he's not without controversy...

The Daily News reports on the despondency of the Bush-bots...

Fitzgerald is out with a press release on the charges ...

LAT has a brief history of scandal-plagued aides ...

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Tags; , , , , Karl Rove, , White House, PlameGate, , Middle East, War, Terrorism, Foreign Policy,
posted by JReid @ 2:49 PM  
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Fitzgerald is speaking now
...and taking questions.

During the Q&A, he confirmed that Libby did try to finger NBC's Tim Russert as the person who gave him the information about Valerie Plame, claiming that Russert plied him with "did you know that all the reporter's know this information?" and that Libby acted as if he was learning the information "as if it were knew" after he found himself "at the end of a long chain of phonecalls."

He made plain the charge that essentially, Libby tried to fool investigators into thinking he passed along the information about Plame's identity thinking he was just spreading around info he'd received from reporters. In fact, Libby had long since gotten the information from the state department and had confirmed it with a senior CIA officer (around June 11, 2003) and from Vice President Cheney on or around June 12. Fitzgerald says "at least four people" told Libby about Plame and her alleged role in sending Joe Wilson to Niger.

He also discussed the information with other government officials. All of this was before Wilson's op-ed.

He confirmed that Libby discussed Plame with Ari Fleishcer (on July 7, 2003).

The prosecutor charged that Libby lied repeatedly by saying he was at the end of a "chain of phonecalls" that carried Plame's identity around the White House and out to reporters, when in fact he was "at the beginning of the chain, and was the first government official to disclose Valerie Plame's name to reporters."

Fitzgerald did not name the original source ("Official A") for Bob Novak's column. He did not name the "counsel to the vice president's office" with whom Libby also shared information on Plame.

Fitzgerald explained why he "only" indicted on obstruction, etc., rather than on the underlying crime of leaking classified information, with a baseball analogy: calling it the equivalent of throwing sand in the umpire's eyes as he tries to investigate a fast ball pitch that turned into a bean ball. Having dealt with that obstruction by prosecuting the sand thrower (Libby) and with his investigation ("mostly concluded") we can assume that Fitzgerald can now conclude his probe of the underlying offenses commited, in his words "not against on person -- Valerie Wilson -- but against all of us," and against the men and women who take the risk of working for the CIA -- believing that they will not be compromised by fellow members of their own government.
Hopefully threre will be a full transcript soon. Fascinating presentation.

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Tags; , , , , Karl Rove, , White House, PlameGate, , Middle East, War, Terrorism, Foreign Policy,
posted by JReid @ 2:21 PM  
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White House pivot
RedState says the White House will nominate Alito for the Court -- which they hope will provoke a distracting fight with the Democrats and reunite their base for the hunkered down legal battle over the neocon war in Iraq. Just a rumor for now, but RedState seems to have pretty good sources...

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Tags: , Politics, SCOTUS, Law, News,
posted by JReid @ 1:54 PM  
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Down goes the neocon
Update 2: From a poster at RedState.org:

This is SO far from over
By: maberlin

We'll see what happens with the SCOTUS nomination, but this is NOT over. It is just beginning. Unless Libby cops a plea, there will be a trial. Even if he does cop a plea, it is likely that there will be congressional hearings and perhaps most damaging, a civil 1983 (depravation of civil rights) lawsuit by Joe Wilson. The burden of proof is much lower for a civil case, and you can force anyone, including POTUS, to testify (Remember Paula Jones?).

I see a lot of people here at RS burying their heads in the sand. Do not kid yourself, this is bad.
Wise words. A former deputy independent counsel, Sol Wisenberg, just said on MSNBC that the potential worst case on sentencing for Libby would be 10 - 30 years. He knows Fitzgerald and says the prosecutor would want Libby to cop to a felony in any plea deal.

Update: Carl Bernstein raises the inevitable comparisons to Watergate
Coulter calls ongoing Rove probe "worst possible scenario."

Irving gets indicted and resigns. Rove is spared for now but the investigation into him grinds on. All of the major news sources were on the money. The charges:

Lying to the FBI/investigators (2 counts of making false statements), lying to the grand jury (2 counts of perjury), obstruction of justice. (here's the indictment in pdf or go to Smoking Gun for an HTML version)

Suggested jailhouse reading: perhaps a history of the Ulysses S. Grant administration, the Whiskey Ring, and one Orville E. Babcock.

On a more serious note, ABC News reports Libby will immediately resign. Interesting that Libby was not indicted on the underlying act - outing Valerie Plame -- despite the fact that the prosecutor found that her name was disclosed despite being held secret by the government. (The indictment makes it clear that the prosecutor has found that Libby knowingly passed on secret information to reporters after getting that information from the state department and confirming it with the CIA.) Still, no indictment on those charges.Certainly the Bush defenders will pounce on that. Essentialy it means Libby is going down taking a bullet for his boss, whom he was willing to perjure himself to protect... (you'd think Cheney might have bothered to at least hang around town to support his boy...)

On a cynical note, I somehow doubt this will go to trial. Libby would be better off pleading guilty and avoiding further embarrassment to himself, the administration and the neocon cause. And I wouldn't be suprprised if this all goes away one day with a stroke of the pardon pen...

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Tags; , , , , Karl Rove, , White House, PlameGate, , Middle East, War, Terrorism, Foreign Policy,
posted by JReid @ 12:49 PM  
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Indictment watch: round 3
The roundup (Announcement expected on special prosecutor's web-site at noon EST):

NYT: Cheney aide likely to be indicted today.
WashPost: Rove reportedly spared indictment for now.
Bloomberg: Investigation into Rove, other officials, to continue
NYT: FBI investigating the forged uranium documents.

Most Intriguing:
WASHINGTON (Reuters) - A federal grand jury investigating the leak of a covert CIA operative's identity met in secret on Friday and was expected to bring criminal charges against Vice President Dick Cheney's chief of staff and possibly other White House officials.

But special counsel Patrick Fitzgerald informed President George W. Bush's top political adviser, Karl Rove, that he would not be among those indicted on Friday, although Fitzgerald indicated that Rove would remain under investigation and in legal jeopardy, legal sources said.
Former impeachment wizard Bob Barr (now with the ACLU) just said on CNN that his sources tell him the investigation going forward is focusing on "the highest levels of the National Security Council." Very interesting, and in Barr's opinion, chilling development...

Barr makes the important point that Valerie Plame was "not just undercover, she was under non-official cover, which is very sensitive, very important, very dangerous ... the CIA and other intelligence agencies always pay much more attention to people under non-official cover which is very expensive, very dangerous, and always more difficult to create than official cover." Once Plame was outed, it "sets in motion the outing of any individuals she had contact with" -- putting her, her contacts, and America's national security at risk. (Somebody call Tucker Carlson, who thinks this is a "no big deal" story...)

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Tags; , , , , Karl Rove, , White House, PlameGate, , Middle East, War, Terrorism, Foreign Policy,

posted by JReid @ 11:18 AM  
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Indictment watch: round 2
Bloomberg corroborates the NYT version, saying Friday will bring an indictment against Libby, and extension on Rove... sounds like lawyers close to the case are peddling the same story. Not sure if I believe it, unless Fitzgerald is looking to some entirely different charges -- or working to flip Rove in order to land a bigger fish. Or maybe, as Jeralyn Merritt speculates this morning, Rove has cut a deal. ... Who knows... Meanwhile, the WH is denying the Hadley-forged Italian documents story, saying a Sept 2002 meeting between Rice's then deputy and the head of Italian military intelligence was brief and uneventful, from a memo-passing standpoint... Right. Here's a reminder of the original scoop from the American Prospect.

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Tags; , , , , Karl Rove, , White House, PlameGate, , Middle East, War, Terrorism, Foreign Policy,
posted by JReid @ 3:56 AM  
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No woman, no cry
NYT reveals that the short list Harriet Miers wound up on contained her name and the names of two men: Michael Luttig and Samuel Alito (that's "Scalito" to you). So could the next nomination battle come down to John G. Roberts' pal vs. Tony Scalia's mini-me? Time will tell... to be sure, Laura won't have a say this time around.

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Tags: , , Politics, SCOTUS, Law, News,
posted by JReid @ 1:33 AM  
The gang of four?
WaPo says Bush was "beaten" by Will, Krauthammer, Kristol and Frum. But are they his bosses now, or his enemies? NYT asks "when will the nightmares end?"

Hugh Hewitt takes his unqualified Bush support big time, with an op-ed in the enemy encampment (the NY Times) oh wait, Judy Miller used to write for them so I guess they're OK with the VRWC. Hewitt's take: it was not a gang of four that brought down Harriet Miers, it was a gang of three: "National Review's blog, The Corner, and the blog ConfirmThem.com":

The right's embrace in the Miers nomination of tactics previously exclusive to the left - exaggeration, invective, anonymous sources, an unbroken stream of new charges, television advertisements paid for by secret sources - will make it immeasurably harder to denounce and deflect such assaults when the Democrats make them the next time around. Given the overemphasis on admittedly ambiguous speeches Miers made more than a decade ago, conservative activists will find it difficult to take on liberals in their parallel efforts to destroy some future Robert Bork.

Not all critics of Ms. Miers from the right used these tactics, and those who did not will be able to continue on with the project of restoring sanity to the process that went haywire with Judge Bork's rejection in 1987. Conservatives are also fortunate that no Republican senator called for Ms. Miers's withdrawal.

But the Democrats' hand has been strengthened. Voting for or against Ms. Miers would have forced Senate Democrats to articulate a coherent standard for future nominees. Now, the Democrats have free rein.

The next nominee - even one who is a superb scholar and sitting judge who recently underwent Senate confirmation like Michael McConnell of the United States Court of Appeals for the 10th Circuit, or a long-serving superstar like Michael Luttig of the Fourth Circuit - will face an instant and savage assault. After all, it "worked" with Ms. Miers. A claim of "special circumstances" justifying a filibuster will also be forthcoming. And will other nominees simply pass on the opportunity to walk out in the middle of a crossfire? A White House counsel with distinguished credentials was compared to Caligula's horse and Barney the dog on National Review's Web site. George Will denounced as "crude" those evangelicals who thought Ms. Miers's faith was a good indication of character in a nominee and a hopeful sign on issues involving the unborn. She was labeled a crony before lunch on the day of her nomination by scores of commentators. Attacks on her competence within the White House followed immediately. She never had a chance, really.
For the record, I hope Hewitt is wrong, and that Democrats won't automatically attempt to "Miers" whomever Bush puts forward. (McConnell looks pretty good to me, and Bush may yet put up an unBorkable nominee -- say, a U.S. Senator...) And I accept Hewitt's point that this process has further weakened President Bush -- he now appears to be the ward of the "pointy-headed meanies" of the conservative movement (with whom I stipulate that I agreed...) But I have to disagree with Hewitt's larger point: that the Miers agonistes shouldn't have happened at all and that she necessarily deserved a hearing and a vote. The Constitution doesn't say that at all -- it guarantees only that the president shall nominate, and the Senate advise and consent (or withhold consent). So Hewitt is showing his non-originalist slip... On this point, I generally agree with Feddie over at ConfirmThem/Southern Appeal:

Harriet Miers wasn’t denied an up-or-down vote in the Senate. She withdrew after it became painfully obvious to all but the most partisan hack that she had no coherent judicial philosophy, questionable writing skills, and a tendency to tell folks whatever they wanted to hear. These are not the attributes I, or many other conservatives, look for in a Supreme Court justice.

And so what if many legal and political conservatives placed pressure on the president and/or Miss Miers to withdraw the nomination? What exactly is wrong with that, Hugh?

Moreover, I don’t recall any prominent legal conservative blogger arguing that the Miers nomination should be filibustered or that she should be denied an up-or-down vote on the Senate floor. But hey, why argue the Miers nomination on the merits when you can easily knock down a strawman of your own making.

I am sorry, but if being a member of the Republican Party requires me to engage in the kind of blind and foolish loyalty you’ve demonstrated over the past few weeks, then count me out.
Feddie is wrong on the filibuster issue -- it was batted around in the upper echelons of the RW blogosphere. And blind loyalty to any president can't be married to principle. After all, Mr. Bush is a president, not a king. And I think it was clear to most people that Miers was thoroughly unqualified for the job, and was deservedly pushed aside. But -- and this is a big "but" -- the damage done to Bush because of the way it was done -- publicly and with a round of sledgehammers -- is very real. Conservatives will have a hard time explaining why it was OK for them to put the hammer to Ms. Miers for not being to their liking, but wrong for Democrats to take the same tack if they don't like the next nominee.

The base may now rush back to Bush's side, but while they're there they will need to hold him up -- assuming he'll still let them touch him...

Tags: , , Politics, SCOTUS, Law, News,
posted by JReid @ 1:01 AM