Why Libby Has No Chance of Acquittal

Plameology is a difficult science and I have allowed myself to get somewhat rusty. Scanning over Libby’s defense today I notice that he is claiming to have forgotten what he knew about Valerie Plame by the time he learned of it from, he alleges, Tim Russert on July 11th, 2003. In fact, he is making a double argument. First, his lawyer argues, he may have been mistaken about learning about Plame from Tim Russert. It’s possible that he learned about it from Robert Novak and just got confused when he talked to the FBI three months later. Second, because Novak’s article, although published on July 14th, was sent out on the syndication wires on the 11th, it is possible that Russert learned about Plame from Novak’s column before he talked to Libby.

If all of this is confusing, don’t worry. Libby has no case. To give you an idea of why we can just look at the record.

On June 9th, the CIA faxed documents to the attention of Scooter Libby. Those documents were about Joe Wilson’s trip to Niger. The documents did not mention Wilson’s name but Libby wrote his name on the documents.

On June 10th “a classified State Department memorandum, “Niger/Iraq Uranium Story”, generally called “the INR memo”, is sent by Carl Ford to Undersecretary of State for Political Affairs Marc Grossman. In a paragraph marked “(SNF)” for secret, non-foreign, the memo refers to “Valerie Wilson, a CIA WMD manager and the wife of Joe Wilson.” The S/NF designation meant that the information was so sensitive that it should not be shared with our allies.

On June 11th, “Scooter Libby ask[ed] a senior officer of the CIA about the origin and circumstances of Wilson’s trip. He is advised by the CIA officer that Wilson’s wife works at the CIA and is believed to be responsible for sending Wilson on the trip.”

On June 11th or 12th, “Undersecretary of State Marc Grossman tells Scooter Libby that “Joe Wilson’s wife works for the CIA”, and that State Department personnel are saying that Wilson’s wife was involved in the planning of the trip.

On June 12th, “Vice President Dick Cheney tells Libby that Wilson’s wife works for the CIA’s counter-proliferation division. Libby understands the information to have come from the CIA.”

On June 13th “Richard Armitage meets with Bob Woodward of the Washington Post. Armitage tells Woodward that Wilson’s wife works for the CIA on weapons of mass destruction as a WMD analyst.”

On June 14th, “Scooter Libby meets with a CIA briefer and they discuss the Niger trip (Libby Indictment, p. 5). The briefer’s handwritten notes indicate that Libby referred to “Joe Wilson” and “Valerie Wilson” (Fitzgerald affadavit, p. 12; Tatel opinion, p. 31). The briefer is likely Craig Schmall (Libby motion, p. 8, Libby memo, p. 11).”

On June 19th, “The New Republic publishes an article anonymously quoting Wilson, that administration officials “knew the Niger story was a flat-out lie.”

Shortly after publication of the article, Scooter Libby and his principal deputy Eric Edelman discuss it. Edelman asks if details of the trip can be shared with the press. Libby cites “complications at the CIA” with public disclosure. (Libby Indictment, p. 6; Hearing transcript, pp. 42-43)”

On June 23rd, “Judith Miller meets with Scooter Libby. Libby tells her that Wilson’s wife might work at a bureau of the CIA. (Libby Indictment, p. 6; Miller in NYT)”

On July 6th, “The New York Times publishes an Op-Ed article by Joseph Wilson titled “What I Didn’t Find in Africa,” revealing details of his 2002 trip to Niger, and stating “intelligence related to Iraq’s nuclear weapons program was twisted to exaggerate the Iraqi threat”. (NYT, Dick Cheney’s annotated copy)

Wilson also appears on Meet the Press, interviewed by Andrea Mitchell, and is quoted on the record about the trip in an article by Richard Leiby and Walter Pincus in the Washington Post.”

On July 7th, “At lunch, Scooter Libby tells Fleischer that Wilson’s wife works at the CIA, and that the information is not widely known (Libby indictment, p. 7; Fitzgerald affadavit, pp. 2, 12). Fleischer will testify that the conversation was “kind of weird” (Tatel opinion, p. 32).”

[It was revealed today that Ari took the fifth amendment and was granted immunity before he talked to Fitz.]

On or before July 8th, “Dick Cheney aide Catherine Martin tells Scooter Libby that Wilson’s wife works at the CIA (Libby Indictment, p. 7).”

On July 8th, “Scooter Libby meets with New York Times reporter Judith Miller over a two-hour breakfast at the St. Regis Hotel in Washington, D.C. They discuss CIA operative Valerie Plame (Libby indictment p. 7). Miller’s notes contain the phrase “Wife works at Winpac” (Miller in NYT). Libby will later testify that the purpose of the meeting was to disclose information from the NIE to Miller, and that the disclosure was authorized by his superiors (OSC letter, p. 6). Libby’s notes seem to have some reference “tell Judith Miller” (Motion hearing, p. 31; emptywheel).

Libby asks Counsel to the Vice President David Addington what paperwork would exist at the CIA if an employee’s spouse undertook an overseas trip. (Libby indictment p. 7; Fitzgerald affadavit, p. 12)”

Libby is claiming to have no recollection of any of this. I don’t understand why he is even contesting the charges. He is so guilty that he has no chance of acquittal. He must be hoping for a pardon.

Author: BooMan

Martin Longman a contributing editor at the Washington Monthly. He is also the founder of Booman Tribune and Progress Pond. He has a degree in philosophy from Western Michigan University.