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Next Steps in Plamegate

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Guilty! Four out of five. Now what? Let's see. Will Scooter Libby be a hot date on Sadie Hawkins day once he's in the pen? He took such delight in screwing political foes, perceived and real, that he is about to discover an ancient Indian truth--Karma can be a bitch.

Then there is the civil suit Joe and Val filed against Dick Cheney, Scooter, Karl Rove, Richard Armitage and others (John Does one thru nine) for damages. If that case is allowed to move forward Joe and Val will become leaders in philanthropy akin to Warren Buffet because they will win a shit pot of money. They are not in it for the money, but by God they deserve a heaping big reward for the vile lies and smears they have endured since Cheney and his gang attacked them for daring to tell the truth about one of the White House lies behind the case for attacking Iraq. Beyond the personal damage the White House gang also ended Valerie's covert career and also did lasting damage to an extensive intelligence network. The details of that story will never be told in order to minimize the harm already done.

Although Patrick Fitzgerald indicated he has no plans to file further charges in this case, there is still work for Congress to do. At a minimum, charges of impeachment against Dick Cheney should be introduced.

The evidence presented in the trial shows beyond any reasonable doubt that Dick Cheney was organizing and leading the attack on Joe Wilson that led to Valerie's exposure. It is time for Congress, the House and the Senate, to conduct hearings on the falsified case for going to war and to look specifically at the smear campaign launched against the Wilsons. If a President can be impeached for lying about a blow job then by God a Vice President should be impeached for setting in motion the forces that destroyed an intelligence network during a time of war. Dick Cheney, Karl Rove, Scooter, Armitage, Bartlett, Matalin, and Fleischer need to be subpoenaed and marched before an investigative committee. I still want a frog march. They must testify under oath and explain how their campaign to quash the truth about yellowcake uranium was used to whip up public frenzy for an unnecessary and feckless war.

This matter goes far beyond any damage to the Wilsons and their reputations. This raises the question of whether we are a nation of laws or the mere subjects of a gang of bullies. Whatever teflon George W. Bush might have had is now completely scraped off. The debacles of Katrina, Iraq, and Walter Reed provide mountains of evidence of the incompetence and malevolence of this Administration. Now it is settled that several senior White House personnel participated in an organized campaign to smear Joe Wilson and expose his wife. There must be accountability and it is up to the Congress to do more than demand something be done. The House and Senate must act and act decisively to expose the lies of Cheney and his gang.


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Well Larry, lets just add it this one to the long laundry list here...

~OGD~

Larry-

Hearings? Civil suits? Impeachment? Frog marches?

You're getting to be such a wuss in your old age, Larry!

Now pardon me while I stir this vat of tar. While you're here, would you mind cutting up these feather pillows while I go look for a rail.......

Alphonse ( Al ) Kada
Iranians are fighting the Americans in Iraq so they don't have to fight them on the streets of Tehran

Note to Josh Marshall.

Your name is at the top of the masthead. Larry Johnson, with his jokes about prison rape, has entered Ann Coulter territory. Time to rein in the nutjobs.

"...The details of that story will never be told in order to minimize the harm already done..."

I see you added this caveat to spare your self the embarrassment of being raked over the coals again about your totally unsubstantiated nonsense about Plame being covert and subject to IIPA coverage.

When this goes to Appeal, I am going to enjoy seeing NBC getting blown apart when the lies start to criss cross. Its time DOJ files their own criminal charges on Armitage since Fitz is done kissing his ass. Even the Jury was claiming that on several occasions they looked at each other and said ...what the f***, why are we even sitting in judgement of this guy, where are the rest of them....They must be wondering what Fitz was smoking, I guess they will find out how they were left in the dark. Their hands were tied.

The real fun is only beginning. People that have had to no comment on this will now be free to get on it. I hope Wilson gets charged and sued into the poor house.

All Bush has to do is pardon Scooter and it's all over.

... until the November 2008 election.

Tom

Larry, two Senior Senators have already publicly said they want to call Libby as a witness to testify about the relationship between OVP and the DOD Office of Special Plans headed by Feith. Levin suggested a public hearing, and said he would subpoena Libby if he did not volunteer. Rockefeller's interest is a little more specific, and he suggests major testimony would be executive, with perhaps a public performance. Rocky believes the OSP is a criminal violation of the 1947 National Security Act, which gives only Congress the power to establish and create commission for an Intelligence Agency, and thus the OVP's involvement in establishing the OSP could be criminal.

I feel sure that after today Libby preversely likes being found guilty, and he will take this opportunity to ignore the subpoena, and thus get some counts of Contempt piled upon his lies and Obstruction convictions. And contempt of congress works a little like contempt of court, and just as Judy had to spend long hours in the Alexandria Jailhouse, Libby could be looking at something similar from which even a Bush Pardon might not be able to free him. Likewise, I doubt if Bush can cover him with Executive Privilege at this point. In fact I think in some wierd basement corner of the Capitol there is actually a congressionally controlled cell for the use of those being held in Contempt. Hasn't been used in ages, but maybe they could dust it off.

Did you hear that juror say, that he really thought he might even see the Vice President and maybe even the President?

Wouldn't be nice, if more charges will be filed after Bush leaves office, with no chance of pardons?

Larry predicts that the Wilson's "will win a shit pot of money" with their civil suit. Though I wasn't giving it my full attention, I heard a legal analyst on the tube yesterday suggest just the opposite: that they are going to have a tough time proving that they were damaged monetarily. That even though Ms. Plame's job standing was ruined and Mr. Wilson's integrity was smeared, because the end result was that their incomes increased from new sources, that it's going to be tough to win monetary damages.

I'd love to hear from others with legal training whether what I heard is accurate. What kind of civil suit is this? Is it about libel or what? Do they have a promising case as to monetary damages or is this the kind of thing where they get awarded $1?

TJ, your noxious and ignorant argument about Plame's status has been refuted ad naseum on other threads.

The CIA sent the case to the DOJ, and the DOJ appointed a Special Prosecuter. Since it is impossible to "leak" a name if a name is public knowledge, I guess we should trust the CIA to know what Plame's status, as a protected person was. (I would tend to trust them more than you, anyway)

The law governing this has such a high bar (it must be proven that the leaker knew and willingly gave out protected information) that it is virtually impossible to prosecute even though it is obvious to any person with more than 3 brain cells that these people knew exactly what they were doing.

That is why the leakers didn't get prosecuted; not because Plame's identity was not protected. For the last time:
If Plame was not a protected source, the CIA would have had NO justification for reporting her outing, and you can bet that John (Let the Eagle Soar) Ashcroft would certainly NOT have apointed Fitzgerald.

Since the people in the White House are free to spread any secret information that they want to, as long as they can then say they didn't know it was secret (what a law!)I guess we should all sleep better now. Maybe at least they will know that they shouldn't lie about it to an FBI agent and then to a Grand Jury...or maybe not.

Well, pardon me!

Jan Knaus

.> When this goes to Appeal, I am going to
> enjoy seeing NBC getting blown apart when
> the lies start to criss cross.

Same question as the other thread: since the appeals process focuses on issues of law, not issues of fact, how exactly do you see this happening?

sPh

BABBLE, BABBLE, BABBLE;... "not covert" "not covert" "not covert" HONK, HONK, HONK, "Clinton, Clinton, Clinton".... SPIN, SPIN, SPIN;
"No underlying case, no underlying case, no underlying case" BAWK BAWK BAWK.

If the "no underlying case" was a valid defense why didn't Libby's lawyers use it? Maybe its something they can base their appeal on.

Martha Stewart went to jail for a few of the same reasons Libby now stands convicted of, obstruction and lying to investigators, and guess what..... there was 'no underlying case' as no one was indicted for insider trading.

Ken Starr went after Bill Clinton for any number of charges, Vince Foster's death, Travelgate, Ron Brown's death, China/Satellites, rape, for which there was no underlying crime
(except in the warped minds of the wingnuts). Starr finally got Clinton on Monica.

I'm sure a case can be made that there was also "no underlying case" in the Clinton perjury fiasco.

Obviously the "rule of law" is only important when the Republicans are going after a Democrat.

I believe in the other thread you made it clear that review a case can be re-opened. Which were you referring to?

Please answer the question.

sPh

Johnson starts out right away with the prison rape jokes. Disgusting.

Why do the hardliners like TJKing always argue that Plame didn't have protected status? I've read a number of such posts, none of which contained any documation that proved she wasn't. On the other hand, the pro-Plame comments rely on the fact the CIA asked for an investigation. That supposedly proves the case because if it wasn't true, the CIA wouldn't have been asking for the investigation. OK, it convinced me but why rely on deductions to prove a point?
Plame's status has to be on file someplace. Why doesn't that settle matters? Is it that her file is still classified even after her identification? When the CIA asked for the investigation, did it identify her by name or what?
Just curious.

I'm puzzled by Rockefeller's theory. Yes, the National Security Act of 1947 established the CIA, but, for example, the NSA (or its predecessor, the Armed Forces Security Agency) was established by executive order in the early fifties. Like the National Reconnaissance Office, the very existence of the agency was originally classified, and never the subject of legislation. The Defense Intelligence Agency was largely a merger of service intelligence agency functions, done under the authority of the SECDEF.

Typically, the "big 8" in Congress and possibly the full Intelligence Committees might be briefed on the "black budget" buried in other appropriations, but I see nothing in that Act, or other history, that says Congress has sole authority to approve intelligence agencies.

--
Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

So 5 years later, it's been proven in a court of law that Libby lied to someone about something concerning the plamegate story, although Libby's lawyer claims he's completely innocent still. If we impeach Cheney for something he did in 2002, it would mean that he was left in power for 6 or 7 years before he was reprimanded. It kind of defeats the purpose of removing someone from power via impeachment although the humiliation will remain with him forever. It's still unbelievable to me how slow these rotten teeth are being pulled.

Apparently not, Jan, or otherwise LJ wouldn't be raising the white flag by hiding behind his latest excuse that its double super secret probation or whatever that nobody can know.

"..Since it is impossible to "leak" a name if a name is public knowledge, I guess we should trust the CIA to know what Plame's status, as a protected person was..."

Your logic is faulty and your statement is incorrect. The CIA did not "send" a "covert status" case or an IIPA case to DOJ. They made a referal on an unauthorized release of information.

That could have meant almost anything including a request for the DOJ to investigate why Joe Wilson was releasing information about classified documents. You have fallen into the old liberal pit of wishful thinking by quoting your legal and scientific method for defining truth and that is to find a liberal ask his wishful opinion and if "...it is obvious to any person with more than 3 brain cells..." then it must be fact.

If that is your best proof that she was covert, its pretty weak. Even Fitz and Walton won't touch that one. She wasn't covert. This has been a witch hunt from day one. Even the Jury is baffled as to what the hell was going on with Fitz's witch hunt.

Artappraiser, here's a link to the Wilson's support group website.  I think some of your questions are addressed. As I understand it, the support group is soliciting contributions to cover legal expenses now.  If there is a remedy involving a money award, those awards will be used to pay off legal expenses, and an amount equal to the contributions the support group raises will go to the Wilson's Trust to be distributed to charitable groups working for whistleblower defense issues. Anything above that will go into the Wilson's pockets, I assume.

Also, don't forget TPM Muckraker's report from last June. There's a link to a copy of the actual suit, as filed (It has since been amended to include Armitage).

Neoboho

Mr. Johnson,
I am intrigued that there is an anonymous star on the CIA's Book of Honor for an employees killed during the same time period as Plame and Brewster Jennings were outed.
I think for further accountability one of the first questions that must be answered is: was this CIA employee's death is related to the outing?
Note we don't have to know any details that may harm National Security to answer this simple question. Perhaps people such as yourself that have some knowledge of events can answer this.

Even the jurors all but admitted that Libby was a Cheney/Rove fall guy.

Good to see I'm not the only one who found the prison rape jokes offensive.

Larry, this is a serious flaw in our society. It's not a matter for humor, any more than Abu Ghraib is. I don't care what evil things Scooter Libby did; no one deserves that.

(And, fortunately, it's unlikely it will actually happen, since Libby is probably going to be sent to a federal minimum-security prison, where such events are rather uncommon.)

TJoKING- ha ha ha

Another stellar example of the intellect and truth-standards of rabid
wingnuttia.

One has to wonder how we will ever reestablish a reasonable dialogue in the public forum with foamers like TJ running loose. I suspect the best strategy of all (and the most likely to induce hopefully fatal bouts of foaming) would be to ignore and refuse to respond to their stupid, or as Jan says, "noxious and ignorant" arguments.

I mean really, what is the use of trying to reason with people who have abandoned all standards of reasonableness? Whether it's the White House "fixing the facts around the policy" or TJoKERS failing to adapt their rantings to well-established fact, we're all just talking past one another here, as if we were speaking different languages. TJoKING would never in a million years give up his fairy tale about Plame not being covert in the face of facts. And with that handy little lie he can dismiss all other consideration of what's at issue in this case.

You know how when you walk past a raving homeless person on the street and he's trying to engage you in a discussion about UFO's or something obviously beyond your perceptive abilities, outside your ken, you smile and nod and perhaps throw a couple of bucks his way out of concern for his well-being, but you resist being drawn into conversation because you know there is no common ground of understanding to be gained. In a forum like this here at TPM it might just be best to give the loonies a wide berth. Reacting to their fairy tales just encourages them and gives credence to their foaming.

Unfortunately, we have to be a little more proactive when the lying loonies occupy positions of power and control. While prosecuting Scooter is a step in the right direction, striking a small blow for truth and the rule of law (which, by the way, depends entirely upon society's commitment to establishing truth through reasonable means), it strikes me that until we who still value the truth as primary replace the liars in power, all discourse is futile, more of a tomato fight than an exchange of ideas.

There simply is no point in arguing with them unless they agree to abide by some reason-based system of judging the truth, whether it's TJKING or George Bush.

I agree with everything substantive Larry's had to say, but W. Burns and others are right -- the prison rape "jokes" are really out of line and beyond the realm of good taste. For anyone who disagrees, I'd point you to a recent report, I believe by Amnesty International, on the horrific conditions of sexual abuse rife in our prison system.

Ben Cronin

The same crowd that relished the partisan impeachment of Clinton is now calling for a pardon for Scooter Libby.

Fatuous, amoral hypocrites.

Since I don't want to actually call YOU a name, I will simply say that your last post was written by a block-head.

Jan Knaus

HRW Report on Male Prison Rape

As Aaron MacGruder might say, "Read Dummy!" Making jokes about this very brutal element of our society is stupid and offensive. Do you really want to be that guy wishing that someone gets raped? Even Scooter Libby?

Joe Wilson -- in speculating that there might be a report on his visit -- was not releasing "information about classified documents." He was an ambassador, a public official, albeit retired, and his trip was not a secret. Nor were the phoney yellow cake allegations secret, they had been written about in newspapers and debunked as the obvious forgeries everyone knew them to be.

We have a IIPA act and not an "Official Secrets" act. This is a mere talking point -- more sand in the eyes.

The CIA referral regards "disclosure of information". It does not mention Plame, nor does it mention the IIPA law. CIA sends dozens of these referrals every year and only a few make it to indictment. The argument that if CIA requests an investigation, we should just skip a trial and go straight to the electric chair based on the divinity of the Agency is truly a scary assertion coming from the left.

One place where I think you and I agree (I think), is that there should be an investigation to prove if she was covert or not. The trial is over. Why can't they say it. Fitz is negligent not to say so definitively. Not an investigation into the crime, just have congress tell us once and for all, was she or not. They won't do it, because she is not covert.


My guess is Conservatives will be arguing for the truth to come out and the left will be arguing to move on. That alone will tell you the confidence of each side about the veracity of the claim. LJ, is already mumbling that it is too secret, which is the first time he has tried this trial balloon. I think it proves he falls under the category of "please don't let the truth come out".

I know I will regret responding to JoKING but...

My guess is Conservatives will be arguing for the truth to come out and the left will be arguing to move on.

That is a good one. The truth and conservatives is like an oxymoron.

BTW the trial was not about Plame. It was about perjury and obstruction of justice.

"...Starr finally got Clinton on Monica.

I'm sure a case can be made that there was also "no underlying case" in the Clinton perjury fiasco...."

That is exactly what the left spent a year arguing. They claimed that since Paula Jones case had temporarily been thrown out, that it was not lying about a material fact, so they said not perjury so they claimed it was perfectly legal. In fact they did news magazine specials about how lying is actually good, sometimes to spare feelings or what if someone had an affair and they were sorry, why divulge it and break up a family. Lying was a saintly act back then.

Not lying was demonic in the 90s.

"...Obviously the "rule of law" is only important when the Republicans are going after a Democrat..."

When the Jones case resumed, the so called "material fact" defense was moot.

Clinton did lie. His admission of guilt resulted in his dibarrment and paying the fines.

Is that true that Starr filed rape charges against Bill Clinton for his sexual assault on Juanita Broderick? I was not aware of that.

I'd think carefully of having such an investigation, unless most of its findings were classified. The unintended consequence, were too much to get out, might reveal too much in the latter part of what is often called "sources & methods".

The lines among overt, covert, and clandestine often get blurry, as do the ways cover and deniability are constructed. From my intelligence training, a clandestine source, in principle, is just known to the US government and members of an agent network. A covert source, or covert action like "black" attacks, is known about by the other side, but is deniable and very hard to trace back to its sponsor. When a CIA officer is accredited as a diplomat, works with the government in that country, but whose activities can be denied by the Ambassador and State, that's another variant on covert.

The British have been known to handle their diplomatic cover differently. For quite some time, it was understood that the "Passport Control Officer" worked for SIS/MI6. In a few cases, people were actually listed as "intelligence officer", on the theory "if you have something to tell British intelligence, shouldn't we make it easy for you to do so?"

Still, both clandestine and covert activities need cover. Cover varies from what was called "flash alias documentation", such as a driver's license and credit cards that look real but are not in their issuers' data bases, to a fully constructed artificial identity that will stand considerable investigation. At one point, there was a CIA office called the Central Cover Staff, which handled such identities for the US government as a whole, since the methods of establishing cover are nuanced and take special skills, including forgery. Having the range of techniques used in constructing cover be public, however, could cripple human intelligence.

--
Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

If the support fund is there to help whistleblowers, is there any money set aside for Armitage or is it only for leakers that lie about the President like Wilson?

I believe it's a matter of public record that Larry is pissed about Valerie's outing, and continues to take it very personally. I'm pretty sure he's not joking. I certainly didn't read it as a joke. He's angry. Not cracking wise.

Today, Pat Buchanan, admitted Nazi-admirer, and right-wing louse next to none, asks (reasonably):

"why has the Democratic Congress, on taking power in January, not begun a broad investigation into how we got into this war?"

This is something I want to know too. And all the excuse-makers and apologists for the Democratic Party can line up and tell us how fine the Democrats in power are, and we still cannot get a meaningful investigation into the criminal actions of the Bush gang. Excuse me, but Democrats once again live up to their gutless billing.

Buchanan suggests an answer. I do not know if I buy it, but the Democrats sure act like they are either playing politics or have something themselves to hide. Here is what Buchanan says:

"This is the dog that didn't bark. And the reason the dog is silent suggests itself. The Congress, in voting President Bush the authority to take us to war against Iraq at a time and place of his own choosing, failed to do its duty by the Constitution. In October 2002, to get the issue off the table for the election and give themselves political cover against the Rovian charge they were tying the hands of the commander in chief in the War on Terror, a Democratic Senate -- Clinton, Kerry, Edwards, Daschle, Biden, Reid all assenting -- voted Bush the blank check for war that he cashed in five months later.

The dilemma a Democratic Congress faces in any investigation into whether we were lied into war is that Congress would be investigating why a Democratic Senate failed its constitutional duty to determine the necessity for war. "

Is he onto something?

Pardon doesn't really do much to the civil case. Emptywheel has lots of good analysis on this issue over at The Next Hurrah (will require some digging in the archives, but it's worthwhile).

Bush can pardon for anything relating to a particular event or for any crimes prior to the date of the pardon.

For instance, Clinton gave one such pardon to Marc Rich who among other things was a middleman for Saddam Huseein's Oil for food bribery scheme to corrupt the UN. Clinton was approached by Marc Rich's wife. Who recomended that Clinton could be easily convinced?

Marc Rich's attorney made the recommendation to Mrs. Rich. The Attorney was I. Scooter Libby.

Jokes about prison rape are much more common than the slurs of Ann Coulter and not liking either does not make them equal. Have you ever watched "CSI:Miami" or just about any other cop show in the past five years? It's rare that catching the bad guy does not involve a line alluding to prison rape.

One comment I'd like to make on the prison rape jokes -- I agree; they are not funny.
But many men didn't really understand how serious the rape of a woman was until male prison rapes came to light. Overnight it seemed to me, men realized that sex without consent isn't fun. Or funny.

That said...
People like TJKing really don't want to know the truth. They have talking points; one of them is questioning whether Valerie Plame was covert. If one listened carefully, Fitzgerald confirmed that she was.

Here's how people like TJKing post:
"The argument that if CIA requests an investigation, we should just skip a trial and go straight to the electric chair based on the divinity of the Agency is truly a scary assertion coming from the left."

A scary asertion "coming from the left" is that "we should just skip the trial and go straight to the elecric chair"?!!?
I beg your pardon?

A factual scarey assertion from the right is that perjury and obstruction of justice are irrelevant crimes.

And before I hear, yet again, the only excuse Republicans have for anything -- "Clinton did it!" -- here are the facts:
Ken Starr presented charges to a Grand Jury, who refused to indict the defendant. So Ken Starr went to the GOP Congress.

Pat Fitzgerald presented charges to the Grand Jury and they, in contrast, turned out five felony counts. Then a jury of our peers convicted the defendant.
Now... WHO had the "weak" case?

I know a Republican won't be able to see the subtle difference, but when Ken Starr couldn't get a indictment, nevermind a conviction, he went to his friends.
Now that regular people convicted a Republican in a court of law, perjury and obstruction of justice are suddenly quaint concepts.

From everything I hear from "the buzz" among my co-workers, etc., if the GOP keeps downplaying this case, they are to continue to wear that 2006 corruption label well into 2008 -- eh, as in November of 2008.

For someone who has rattled on and on and on and on about all the information and experience thyt've aquired 'round the Beltway crowd, I find it quite puzzling myself.

But the puzzlement I have is that this Howard fella is puzzled.

The the DOD Office of Special Plans headed by Feith, certainly was not set up within the oversight of congessional review, such as the NSA and/or Defense Intelligence Agency.

Now, I wish Howard would hurry up and find us the EO and the specific citations and sections of that EO that allows such an Office of Special Plans to exist without congessional oversight ...

~OGD~

I heard a legal analyst on the tube yesterday ...

Did the legal analyst happen to be Victoria Toesing? (ahem)

~OGD~

When you have a weak argument I could see why you might regret posting it. Read the thread.

Even the Jury voiced astonishment as to why they were sitting in judgement of Libby when the so called initial crime was solved before the investigation was started.

Fitz, yesterday argues that anyone that lies or misleads him or the grand jury should be strung up. It is convenient for Fitz that Armitage confessed to being the leaker that lead to the publicizing of Plame at the very outset, but Armitage lied about his meeting with Woodward where he leaked classified information. He shared the classified memo with Woodward which does not require the "covert status" to indict. Armitage lied and only admitted to it after the authority of the investigation had expired and only at the urging of Woodward.

Fitz could have indicted Armitage for a no brainer, but that would have gotten in the way of a case against a White house official.

Just one more reason the jury is still scratching their heads at the bizarre witch hunt of Fitz.

Rocky believes the OSP is a criminal violation of the 1947 National Security Act, which gives only Congress the power to establish and create commission for an Intelligence Agency, and thus the OVP's involvement in establishing the OSP could be criminal.
******************************************

I have to agree that this sounds kind of silly, Howard. Follow this theory out to its logical conclusion and none of the branches of the armed forces would be able to gather intelligence without specific authorization from Congress.

If the "no underlying case" was a valid defense why didn't Libby's lawyers use it?
*****************************************

They weren't allowed to.


Jan

Its Alice in Wonderland. If I had a world of my own, everything would be nonsense. Nothing would be what it is, because everything would be what it isn't. And contrary wise, what is, it wouldn't be. And what it wouldn't be, it would. You see?" She wasn't covert. :)

Am I to understand that you call him a nazi-admirer and then go on to detail how much you agree with him. What is the point of those two concepts being linked in your post?

Nice diversion to link Oil-For-Food corruption to Clinton, but it'd be more accurate to link Marc Rich with the Iran hostage crisis.

TJ, need I remind you that Clinton wasn't impeached for improper relations with a consenting adult; he was impeached for LYING about it? Need I also remind you that Kenneth Star was not named special prosecutor to root out instances of hanky-panky, but to investigate financial dealings that took place long before the Clintons took up residence on Pennsylvania Avenue?

Whatever the pretense was for the special prosecutor, Libby wove himself a whopper trying to keep speculation away from the integrity of this administration. Whatever the claims have been about the president's priviledge to declassify any information he sees fit, there is still a procedure to prevent these kinds of ad hoc dealings with sensitive materials. Somewhere in the chain of command, someone decided one morning to cast doubt upon a critique by using information that was classified. Once the realization struck that what had been done was unethical at best, illegal at worst, the cover-up began.

To use a figurative analogy so you can get this into your skull: there is no law against getting a blowjob, but there is a very serious law against lying about it to a grand jury.

Good one, Beavis.

Is possible that those members of the jury (not The Jury) who expressed astonishment were just drama queens who had trouble remaining focused on the narrow case before them?

While the wingnut armchair legal experts come out of the woodwork with their novel theories and hand waving, it's important to remember the Big Picture--at its core, this case was about the Niger 'yellowcake' documents, which noboby can dispute as being blatant forgeries.

Are you arguing that we should amend the constitution to eliminate impeachment as a remedy for Presidential high crimes and misdemeanors. If true, I guess that makes Clinton still open for a criminal indictment, since you seem to disregrad the special status of charging the chief executive.

On the contrary, the GOP will not downplay this case. They will continue to use it to show the incest between the left and the media. Let 2008 decide.

I was linking pardons with Libby, Clinton just happened to see a scandal and choose to jump on board, as is his way.

Thanks, BH.

Pardon doesn't really do much to the civil case. Emptywheel has lots of good analysis on this issue over at The Next Hurrah (will require some digging in the archives, but it's worthwhile).

I'm passing on the merits of the civil case, but you're correct in the above. One just needs to look at the OJ Simpson case. He was found Not guilty in a criminal court, but lost in the ensuing civil case.

No it wasn't a politically-oriented commentator, it was more like a legal handicapper, i.e., in answer to the question "what are their chances of success with the suit?" And my comment was not intended politically, either; anyone reading into my comment that I was implying they are motivated by money is reading it wrong. Seemed to me something people should understand more before predicting they are going to win a load of damages just based on the success of this Libby verdict. It is a fact that are doing better financially than when they were working for the government. How does one quantify the monetary damage or other damage done to them with a dollar amount?

Seems to me in my admittedly very limited understanding of monetary damages that this might be a very iffy, problematic case and I was welcoming actual legal commentary on that. It's helpful to have the website and the link to the original filing, but it still doesn't explain the chances to me like an objective lawyer's interpretation.

Matter of fact, a quick persual of the Wilson's site, I got the impression they don't give a damn about monetary damages, they are just using the civil suit system as a tool to get more stuff to come out. Which I personally think is great. BUT that belies what Larry said--it sounded inaccurate to me to predict that they are going to win a lot of damages and so far, it still sounds pretty inaccurate.

=== Is possible that those members of the jury (not The Jury) who expressed astonishment were just drama queens who had trouble remaining focused on the narrow case before them? ===

From what has been revealed publicly about the jury deliberations (and take those accounts with a grain of salt), it was just the opposite: the jury had no doubts on the 4 counts they convicted on, but wondered why Cheney and Rove weren't _also_ on trial. Not an "OR" but an "AND".

And they expressed sympathy for Libby being the fallguy while ALSO expressing sorrow that he had clearly committed a crime. Not an "OR" but an "AND".

Not that SFC... I mean Al... I mean our lovable TJ will accept that.

sPh

Is that true that Starr filed rape charges against Bill Clinton for his sexual assault on Juanita Broderick?

I was not aware of that.

1- I don't know.

2- Me neither, who made that claim?

BAWK BAWK BAWK

From the Washington Post Editorial March 07, 2007

"Mr. Wilson was embraced by many because he was early in publicly charging that the Bush administration had "twisted," if not invented, facts in making the case for war against Iraq. In conversations with journalists or in a July 6, 2003, op-ed, he claimed to have debunked evidence that Iraq was seeking uranium from Niger; suggested that he had been dispatched by Mr. Cheney to look into the matter; and alleged that his report had circulated at the highest levels of the administration.
A bipartisan investigation by the Senate intelligence committee subsequently established that all of these claims were false -- and that Mr. Wilson was recommended for the Niger trip by Ms. Plame, his wife. When this fact, along with Ms. Plame's name, was disclosed in a column by Robert D. Novak, Mr. Wilson advanced yet another sensational charge: that his wife was a covert CIA operative and that senior White House officials had orchestrated the leak of her name to destroy her career and thus punish Mr. Wilson".

Mr. Wilson never claimed that he was sent by the Vice President and, Mr. Wilson's wife was never in the decision making orbit regarding the trip to Africa. Why is the Washington Post indulging in propagating these falsehoods?

It still doesn't make it right.

one summary of the jury's press conference:

Jury Describes Decision as Hard but Inevitable
By ERIC LIPTON, New York Times

and note that for those who have more time and don't trust reporters' summaries, the article also furnish a link to the complete transcript of the conference in the menu at left. :-)

There are several ways to introduce evidence into court to decide if she was covert without opening up more classified information. Even covert operatives have to have records in the bowels of the Agency.

If she did travel to a foreign country on official business and was "posted" in a foreign post. Here salary would reflect a change in compensation based on that. Thats just one of many records that are kept on record that traces her status. It is also possible that she could have had NOC status that was classified, but anything is possible. If the fear of disclosing was that bad, then why call Fitz in the first place.

I saw on Nightline last night the leaker that exposed the ATT NSA terrorist surveilance story. They could have told the story without sharing sources and methods or even going into detail about the switches and how detailed the engineering was. That was not necessary, but there they were last night showing the actual blue prints and documents close up and photos of the Server room. I am amazed how the left is not so interested in leaking classified information that can endanger tens of thousands of innocent American lives when it serves their purpose.

Yes. You are to understand that I agree with the right-wing turd on this. One reason I voted for the Democrats was that I thought Pat Roberts was a Bush flunky and I wanted the causes, the lies, the abuses of Bush Cheney brought into the open so they would not happen again and corrective action could be taken and the nation as a whole understand the origin and nature of the policy and the ethics of the war party.Am I to understand you find the demand for serious congreesional hearings on the cause and lies of Bush-Cheney off the political spectrum because the Democratic leadership has decided to continue the Bush-Cheney-Roberts cover-up?

Excellent summation, Counselor. However, you have a distinct disadvantage when debating TJ, your posts have to make sense.

Note to BushLiedPeopleDied:

Not that I favor jokes about any type of violent behavior, but Larry and Josh are just gonna have to live with whatever Karma comes their way ...

Now is there any other substantive remarks you'd care to present about the topic of Johnson's article?

There's seems to be a notable absence of any further comments you've made in this entire thread. You know, besides the "Bush Lied People Died" mantra. Like ... what's you feelings about the administration's actions of disassembling the Constitution and the people's Bill of Rights right before you very own eyes.

~OGD~

Ah, all mimsy eh?

I know I am preaching to the choir here, but there does not need to be any underlying crime. You do not lie to law enforcement when you are interviewed. Otherwise, all crooks would just lie to police/prosecutors in hopes that their obstruction of justice would prevent the underlying crime from being prosecuted.

RULE OF LAW! RULE OF LAW! WHAT WILL WE TELL THE CHILDREN?

You don't need to be puzzled, although it would help a bit if you understood better what can legally be done by an agency head and what requires Congressional approval.

The White House level authority for DoD intelligence comes under the authority of Executive Order 12333, "United States Intelligence Activities.

This EO cites its legislative authority as:


3.1 Congressional Oversight. The duties and responsibilities of the Director of Central Intelligence and the heads of other departments, agencies, and entities engaged in intelligence activities to cooperate with the Congress in the conduct of its responsibilities for oversight of intelligence activities shall be as provided in title 50, United States Code, section 413. The requirements of section 662 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2422), and section 501 of the National Security Act of 1947, as amended (50 U.S.C. 413), shall apply to all special activities as defined in this Order.

The EO delegates authority to agency heads and the NSC.

3.2 Implementation. The NSC, the Secretary of Defense, the Attorney General, and the Director of Central Intelligence shall issue such appropriate directives and procedures as are necessary to implement this Order. Heads of agencies within the Intelligence Community shall issue appropriate supplementary directives and procedures consistent with this Order. The Attorney General shall provide a statement of reasons for not approving any procedures established by the head of an agency in the Intelligence Community other than the FBI. The National Security Council may establish procedures in instances where the agency head and the Attorney General are unable to reach agreement on other than constitutional or other legal grounds.

An EO is not required when:

  • There is no Congressional prohibition on the use of funds for a given purpose

  • The proposed activity does not violate any EO

  • The resources and mission are within the scope of the agency head. In such a case, that official usually will issue a departmental directive, instruction, or memo authorizing the unit. Such a document may be classified.


  • To reiterate, from the Congressional standpoint, the Secretary of Defense is authorized, by line items in the DoD budget (plus black items hidden elsewhere, selectively disclosed to Congress). There is usually a TS/SCI/SAR (Special Access Required, the DoD equivalent of SCI) appendix to the appropriations report. Some black budget items may actually be funding for CIA and other nonmilitary components.

    In general, DoD intelligence activities come under DoD Directive 5240.1, which defines Intelligence Activities as "the collection, production, and dissemination of foreign intelligence and counterintelligence by DoD intelligence components authorized under reference."

    The current version was issued in April 1988, superceding an earlier 1981 edition that was more specific to the collection of intelligence under US citizens. It does allow for the creation, under the authority of the SecDef or official with delegated authority,

    3.4.16. Other intelligence and counterintelligence organizations, staffs, and
    offices, or elements thereof, when used for foreign intelligence or counterintelligence
    purposes. The heads of such organizations, staffs, and offices, or elements thereof,
    shall, however, not be considered as heads of the DoD intelligence components for
    purposes of this Directive.

    Was the Office of Special Plans created under Section 3.4.16 authority? If not, but it inserted itself into the intelligence process, it may have been in violation of DoD directives, which does not make it illegal. Unwise is another matter.

    There is a question if the Office of Special Plans was considered an intelligence function, even though it appeared to present itself as such to the NSC, VP, and President. For many years, there has been an Office of Net Assessments in DoD. Net assessment, I believe, is better described by the fUSSR term of art, the "correlation of forces".

    Correlation of forces makes recommendations based on intelligence about foreign capabilities and capabilities of our own forces. Classic intelligence is not supposed to include policy recommendations, while net assessment/correlation of forces is intended to generate such recommendations.

    --
    Howard

    *equal opportunity offense to both extremes*

    "Those who cannot remember the past are condemned to repeat it" [George Santayana]

    I got the impression they don't give a damn about monetary damages, they are just using the civil suit system as a tool to get more stuff to come out.

    LIGHT BULB!

    ... it sounded inaccurate to me to predict that they are going to win a lot of damages and so far, it still sounds pretty inaccurate.

     

    I won't disagree with ya'... But there's some nits on my Labrador that seriously needs picking ...

    ~OGD~

     

    TJK, the main reason there will not be an investigation is because there can't be a trial over Plame's status.

    If Plame's status became an issue, the evidence to establish that fact is classified and would hurt national security to release it to a jury. At that point, a judge can decide to dismiss the indictment. That is why Fitzgerald was so careful to make Plame's status irrelevant in whether Libby lied to the grand jury. However, if Plame's status was not covert, you can be sure that Libby's lawyers would have been able to get that evidence introduced, as there would not have been national security issues at stake.

    Even the most hard core Republican elite recognize this case for what it was/is, which is about the way the Executive Office and the OVP used intelligence to serve their own ends and to smear war critics when outed. They also realize, like the jury, that Libby was the Cheney/Rove fall guy.


    War does not determine who is right - only who is left. Bertrand Russell

    ~OGD~

    Pot, kettle, black. Haven't seen you contribute any noticeable amount of content lately except berating other posters. You will find others on this thread who also found the joke offensive enough to comment about it. You going to go through the thread them and troll them too?

    BTW, you can find the past contributions of that member by clicking on his name or here. Seems to me he's in the habit of commenting when he feels he has something important to say, rather than just baiting others into participating in a barroom brawl.

    How can showing details of the engineering mechanics endanger thousands of innocent Americans? That makes no sense.


    War does not determine who is right - only who is left. Bertrand Russell

    I'm not sure which post you are responding to here, but I'm game.

    After 10 years you'd think this phoney claim that Conservatives believe he was impeached because he used the oval office as his personal blowjob bungalow. Do you have any links to any Legislators that believe that sex alone is a grounds for impeachment? One might exist,.. and if it does I'd love to see it, but in 10 years I've never heard of it. Please
    share.

    We just got done listening to Fitz explain how even the slightest fib to a single faux government investigation is worthy of 25 years in a cage. The left cheered and Larry here jumped in with his prayers for Libby to be forcibly raped. Mr. Johnson seems to think about Sodomy alot. He posted here a couple of weeks ago about his imagining being Sodomized by animals. But, thats Larry.

    The four articles of Impeachment against Clinton did not include his sexual acts, his sexual assaults or his forcible rape.

    He was charged with "Perjury in Grand Jury testimony"

    He was charged with "Perjury in Paula Jones case."

    He was charged with "Obstruction of Justice in Jones case including witness intimidation and subourning of perjury."

    He was charged with "Perjury to Congress in response to 81 Questions from the Congressional commitee".

    Clinton lied to and obstructed in all three of the branches of government. He lied under oath to the legislature, the Court, and the representative of DOJ, the Special Prosecutor.

    That kind of trifecta is hard to pull off. Libby gets 25 years for a "he said, he said" against the word of two individuals, Cooper and Russert who were both caught lying.

    "...To use a figurative analogy so you can get this into your skull: there is no law against getting a blowjob, but there is a very serious law against lying about it to a grand jury...."

    He also lied about other things other than the actual sex acts.

    I'm not sure what post you are responding to here, but since you brought this up, I do believe Clinton lied before Judge Wright's court and he admitted his guilt, paid his fines, and had his license to practice law torn up and flushed down the toilet.

    His choice of what he did with his limited time by using his position to blow his load in some girls face is not a crime, it is irresponsible and negligent, so don't think I haven't got that "into my skull". How you let these confusing thoughts enter your skull, is your problem.

    Dear apologist for the scumbags...

    Relating to comments: A ... B ... C ... D ... E ... F ... G ... H ... I ... J ... K ... L ... M ...

    "Well, let me begin by saying that I would hope that Mr. Libby and all other officials in the U.S. government would draw the right lesson from this, and the right lesson to learn from this is you don’t abuse the public trust engaging in personal vendettas. What I probably fear most of all is that they will learn the lesson that several of them apparently learned after Watergate — not the lesson of not abusing power, but rather the lesson that they seemed to have learned is that they should’ve destroyed the tapes. That is the wrong lesson in our democracy to take away from it. So, if they learn the right lesson from it, that would be all to the good for the way that we function as a government.

    I have said for quite a while, as you know, that I believe Mr. Rove was involved up to his eyeballs. That became clear when it was made public that Mr. Rove was in fact the source of the compromise of my wife’s identity to Matt Cooper. I’m not going to second-guess decisions that were made by the prosecution. We do have a civil suit in place that hopefully will address some of these larger issues.

    I do believe that now that this trial is over, that the president and the vice president owe the country a much broader explanation of their own actions at this time. The president, of course, at one time said that anybody who engaged in this would be fired. Mr. Rove is still on the payroll. So I would, as a start, I would argue — I would ask the president and the vice president to release the transcripts of their interviews with the prosecutor, so as to be able to reassure the American public that they were not — that there is not a cloud over the offices of either of them. I think that would be a good start. I also learned today that the president was quoted as saying that he was sorry for Mr. Libby and his family. I wish that he would express his sorrow for what has happened to my wife, whose career was destroyed as a consequence of this, and also to the service people of this country who are fighting in a war that now very clearly was justified by lies and disinformation."

    Joe Wilson | March 6, 2007



    ~OGD~

    ps:
    As it stands presently Scooter Libby is currently a C-O-N-V-I-C-T-E-D ... F-E-L-O-N

    Well we'll have to agree to disagree on what is nitpicking.

    I don't consider it nitpicking to bring up the topic of the motives for & possible success of their civil suit on a thread labeled "Next Steps in Plamegate," especially one where the writer implies the suit is going to be a slam-dunk based on: nothing really.

    I do consider it sort of nitpicky and an attempt to drag the thread off-topic of "Next Steps in Plamegate" by mentioning Victoria Toensing. Unless you're going to predict what she will say in her next appearance on TV regarding their civil suit because you have inside info. on the right wing noise machine's plans.

    RULE OF LAW! RULE OF LAW! WHAT WILL WE TELL THE CHILDREN?

    Exactly, why, WHAT KIND OF MESSAGE IS LIBBY SENDING OUR CHILDREN BY LYING, AND LYING UNDER OATH YET!!!!!

    I saw on Nightline last night the leaker that exposed the ATT NSA terrorist surveilance story.
    Good for you. Some of us poor unenlightened communications engineers, alas, do not depend on Nightline. We depend on our own professional knowledge, plus information that's been around for some time in professional circles. As an example of another intercept technology, here's an October 2000 FBI briefing on Carnivore, to the North American Network Operators Group. It's a RealPlayer video.
    They could have told the story without sharing sources and methods or even going into detail about the switches and how detailed the engineering was. That was not necessary,
    You're probably right. The general architectural approach to the call detail records has been known in networking service providers for months.
    but there they were last night showing the actual blue prints and documents close up and photos of the Server room.
    Blueprint? Really? Haven't seen one of those in years. In fact, I haven't seen one in detailed designs of the CALEA legal interception interfaces on several switches with which I've worked, or been involved in designing.
    I'm afraid this is another example, like getting all shocked about cultures that might be used in biological warfare, of not having a sufficiently deep understanding of the technology to know what is, and is not, hard. In this case, the CDR collection is off-the-shelf technology.
    That which is used for data mining of CDRs, or for speaker recognition in voice, is decidedly hard, and almost certainly would be at NSA, rather than in a telco equipment room.
    I am amazed how the left is not so interested in leaking classified information that can endanger tens of thousands of innocent American lives when it serves their purpose.
    "The Left"? Nonsense. These issues have been argued for some time in professional circles dealing with carrier networking, privacy, and intelligence. The basic analytic technique is common with principles of infection tracking that go back to John Snow in the mid 19th century.
    Aside from any issues of civil liberties, there is very significant professional doubt that this technique is likely to yield useful information, other than a volume of leads that the FBI doesn't have the manpower to investigate.
    When one gets into the issues of civil liberties, there is no reason that an expert panel, under full security restrictions, cannot evaluate the program's feasibility. This was done quite successfully by the Senate Intelligence Committee, to determine if there was a back door into the NSA-approved, now obsolete, Data Encryption Standard. Now that the mathematical workings of the "S-boxes" in that standard have been declassified, the consultant report, that there was no back door, has been violated.
    Good intelligence can prevent risks to Americans. Badly conceived intelligence programs can divert resources from useful programs, and there are quite a few indications that this is a badly conceived program.
    That there has been no technical disclosure to Congress, in a manner that can be reviewed by cleared but independent experts, cuts off one check and balance against a bad program. That the Administration refused to go to the FISA Court for authorization, and even refused Republican Congressional offers to amend FISA, is again indicative of a denial of checks and balances, and GWB's concept that he is above law. -- Howard

    *equal opportunity offense to both extremes*

    "Those who cannot remember the past are condemned to repeat it" [George Santayana]

    I note your opinion and I really don't give a whoop... but you already knew that...

    Selective read? "Not that I favor jokes about any type of violent behavior... "

    Need a hot cup o' joe?

    ~OGD~

    ps: And this place never ceases amaze me .. One person's unproductive is another's excellent . . .

    So you still remain puzzled... And all the info in that comment hasn't clear it up.

    Was the Office of Special Plans created under Section 3.4.16 authority? If not, but it inserted itself into the intelligence process, it may have been in violation of DoD directives, which does not make it illegal.
    There is a question if the Office of Special Plans was considered an intelligence function, even though it appeared to present itself as such to the NSC, VP, and President. For many years, there has been an Office of Net Assessments in DoD. Net assessment, I believe, is better described by the fUSSR term of art, the "correlation of forces".
    So it looks like the Senate Committee will decide the issues.

    And I venture to say, that's exactly why Rockefeller has issued his statement.

    ~OGD~

    It's not silly at all if you go back to the legislative debate in 1947 leading up to the passage of the National Security Act.

    Remember, this was passed by what Harry Truman called "that no good Republican Congress" -- so the framework is the gift of that group. In particular, they were deeply upset that FDR had created a whole host of organizations, outfits, programs, by executive order during WWII, and had, for the most part, kept Congress quite uninformed. Thus the framework needs to be understood in that context. There was also then, and over the next several decades, the competition between J. Edgar Hoover and virtually any other investigative/intelligence center in Government. Hoover wanted control, and many of the "wars" are part of those turf fights.

    Part of the compromise was to give congress exclusive rights to establish and commission an intelligence organization. Now not all these decisions are in the open, for instance when in the 1950's the NSA (National Security Agency) was created, it was top secret -- for years NSA stood for no such agency, but what it did was merge all or virtually all the signals intelligence work in the services, and in civilian agencies with the decryption and code breaking - code making functions scattered about, and it had an official structure, a line item in the budget (in the black budget for years) and it had a commission -- what was the mission of the agency. It had reporting channels, and while congress did little with it, it always had oversight powers. Agency heads had to be confirmed by the Senate.

    Of course the Services have intelligence services, they are linked together through the Defense Intelligence Agency -- Again, line items in the budget, official reporting channels, oversight by Armed Services and in recent years some emphasis on members of the Intelligence Committee also on armed services, having places on the appropriate subcommittee.

    Where OSP may have been created contrary to the National Security Act is that it was not created as a piece or section of DIA -- It did not report through the formal management of DIA, rather Feith's operation ran through Wolfowitz to Cheney's office. It did not report through a system that had congressional oversight. This is where Rockefeller finds the potential of a criminal violation of the 1947 National Security Act. He suspects it may have been set up as it was so as to avoid congressional oversight -- and that is a criminal matter. Done legally, it would have been a program within DIA, and the Director of DIA would be subject to Congressional review on the program. It is all a little nitpicky, but in a way it is a repeat of what Bill Casey tried with Ollie North and the NSC -- an off the shelf, and off the books operation. And that too got some folks in a heap of trouble.

    You may be puzzled. The Howard fella is not, as indicated, perhaps, by your wondering if I could come up with the relevant EOs, etc., which I did in a very few minutes. Is it that you want others to do your research, or that you don't care if you have facts before throwing out an opinion?

    As your first quote shows, I see no indication there was illegality in having the Office, although there may have been a technical violation of DoD directives. Rumsfeld, subject to EOs and legislation, is not bound by directives issued by his predecessors or himself.

    You did not raise the possibly more significant issue if Feith deliberately misled policymakers, although that's more likely to be something coming out in an impeachment hearing---or a Congressional hearing.

    The Senate Intelligence Committee can throw light on the situation, but it certainly doesn't have the sole authority to decide. Venture more as you will.

    --
    Howard

    *equal opportunity offense to both extremes*

    "Those who cannot remember the past are condemned to repeat it" [George Santayana]

    Victoria Toensing. Unless you're going to predict what she will say in her next appearance on TV regarding their civil suit because you have inside info. on the right wing noise machine's plans.

    Most leopards don't change their spots...

    ~OGD~

    ps: I get no information on any of this crap from TV ... It's against my basic principles...

    lying about a blow job? a greater threat to the Republic than Osama bin Laden!

    lying about exposing the cover of a CIA spy working on preventing the spread of WMDs? not so much.

    Libby worked for a guy who instigated the torture at Abu Ghraib and Gitmo. Which included prison rape.

    Somehow, I don't feel much outrage at Larry's comment, and while I don't actively wish prison rape upon Libby, I do wish in a general sense that he would suffer some of the consequences of the policies he's helped promote.

    Whether or not that happened to include prison rape, I really don't care either way.

    One place where I think you and I agree (I think), is that there should be an investigation to prove if she was covert or not.

    What for? The CIA determined she was Non-Official Cover. Otherwise there would have been no investigation for Libby to LIE to.

    The CIA determines who they designate as an undercover agent or not. What is so hard for you wingnuts to understand about this?

    2008? Bring it on. There will still be mountains of GOP corruption to investigate in Congress, to remind voters of how badly they have been screwed by Rethuglicans for years.

    I am leaning towards voting for Hillary, for the sole reason that her election would significantly decrease the wingnut population by causing aneurysms from their bouts of rage.

    Howard, Let me clarify. When I used the term Blueprint, I was referring to papers that show schematics and diagrams, etc. I was not using the term in the literal sense, more the figurative. Sorry for any misunderstanding.

    If I remember during the Clinton Administration the Carnivore program was described as having a cop stand on the side of the road and look for a specific license plate as he watches every license plate on every car that drives by. Is that a fair analogy?

    Bring it on? Wasn't that John "F"'n Kerry's punchline in 2004.

    Sorry Howard ...

    I'm far from being puzzled, other that your initial statement as to you being puzzled.

    It appears to me, now you're beginning to confuse by conflating, me wishing for others to do my research, or that I don't care if I have facts before throwing out an opinion. That's not the the nexus of this matter. It's not about you, and it's not about me. So try that word ploy somewhere else. Not with me.

    The Congress and the Senate Intelligence Committee have every right within the Constitution to oversee every last damn cent spent in every department in the US government. Now you or I may call that micro-managing. But the Senate Intelligence Committee is tasked with doing due diligence for we the people. No matter the DoD directives, EOs, memos, back door orders etc. etc., blah blah blah...

    ~OGD~

    Here we go. Its been only 24 hours and You and Larry and a few others are trotting out this trial balloon for the first time that we will never know if she was covert, because its double super secret probation or whatever. That reverse logic is not going to have legs and the fact that it has become stylish in the last 24 hours when it hasnt been used after 4 years.

    Congress should tell the truth now and be done with it. The people deserve to know just how much of a phony fish hunt this was. If Larry and others believed she was covert, they would want the truth out too. They know she was not.

    No, Carnivore would look for those plates, and then invisibly search the car's contents.

    Yours is a closer analogy to the current Call Detail Record copying (I'm avoiding the word intercept). The law and decisions are really mixed about there being an expectation of privacy not on the public streets, but inside communications channels. I include postal mail as a communications channel.

    There have been court rulings that "mail covers", writing down the return address on every piece of mail to an addressee, should have a warrant. What used to be called a "pen register", but now is the CDR technology, is more problematic. The Communications Act of 1934 said pen registers required a warrant, but later legislation and decisions indicated that the numbers called/calling are not under an expectation of privacy. The legal history here is somewhat murky.

    --
    Howard

    *equal opportunity offense to both extremes*

    "Those who cannot remember the past are condemned to repeat it" [George Santayana]

    And about the:

    ...topic of the motives for & possible success of their civil suit
    Well these sure don't look like your run-of-the-mill everyday civil suit charges:
    1) Violation of First Amendment Right to Freedom of Speech - because the First Amendment "prohibits government officials from subjecting any individual to retaliatory action in reprisal for the exercise of the right to speech."

    2) Violation of Fifth Amendment Right to Equal Protection of the Laws - because the Equal Protection Clause of the Fifth Amendment "prohibits government officials from intentionally subjecting any individual to treatment that is different from that accorded to others similarly situated and is without legitimate basis." In other words, they singled the Wilsons out for a smear job.

    3) Violation of Fifth Amendment Right to Privacy - because the Due Process Clause of the Fifth Amendment "prohibits government officials from violating any individual's right to privacy by publicly disclosing personal information."

    4) Violation of Fifth Amendment Right to Property - because the Due Process Clause "prohibits government officials from depriving any individual of a property interest in employment without due process."

    5) Conspiracy to Deprive Persons of Their Civil Rights - because Rove, Cheney and Libby conspired to deprive the Wilsons of their civil rights (as described in 1-4).

    6) Action for Neglect to Prevent Civil Rights Violation - because Rove, Cheney, and Libby could have stopped the smearing of the Wilsons, but didn't, and then lied to investigators and the federal grand jury about their role in the leak.

    7) Public Disclosure of Private Facts - because "The Defendants caused widespread publication of a private fact... in a manner that would be deemed outrageous and highly offensive to a reasonable person of ordinary sensibilites."

    8) Civil Conspiracy.

     

    ~OGD~

    At 12:46 today, you posted:


    But the puzzlement I have is that this Howard fella is puzzled.

    The the DOD Office of Special Plans headed by Feith, certainly was not set up within the oversight of congessional review, such as the NSA and/or Defense Intelligence Agency.

    Now, I wish Howard would hurry up and find us the EO and the specific citations and sections of that EO that allows such an Office of Special Plans to exist without congessional oversight ...

    How does "I wish Howard would hurry up and find us the EO and the specific citations and sections of that EO" not equate to your wanting me to research just those matters of puzzlement? How is that "word ploy" when you suggest that information would be desirable, and then you suggest I go get it?

    Yes, I agree that the Congress and the Senate Intelligence Committee has the right to oversee "every last damn cent spent in every department in the US Government." The Congress also approved the DoD budget, and the laws allowing the Executive Branch to reallocate funds. There are other laws governing intelligence activities, especially concerning information on US citizens.

    I disagree, however, that Congress must preauthorize any action taken by the Executive Branch, other than quite specific things such as declarations of war. When I was a contractor at the Department of Labor, the GS-17 in charge of automation (a deputy assistant secretary, IIRC) was demoted to GS-16 Director of Data Automation. Other than the internal consensus that his abilities were better suited to GS-1 assistant janitor trainee, I doubt this action even came up on Congressional radar.

    Congress did note, mostly because it was the "Memo of the Month" in the Washington Monthly, when the Department of Justice announced that the Office of the General Counsel would, from then on, be called the Office of the Legal Counsel, while that which had been the Office of the Legal Counsel would be the Office of the General Counsel.


    But the Senate Intelligence Committee is tasked with doing due diligence for we the people.

    Due diligence is one thing, but writing legislation is another, getting House confirmation is another, and getting Presidential signature or overriding a veto is another. In the absence of legislative direction, the Executive is indeed free to operate with what you term blah blah blah and other things. Should you care to read the actual text of such things as the National Security Act of 1947, or a variety of technical laws on budget, you will find that Congress gives the Executive freedom, with exceptions, to decide how and where to spend its appropriations.

    --
    Howard

    *equal opportunity offense to both extremes*

    "Those who cannot remember the past are condemned to repeat it" [George Santayana]

    His own defense, in their opening remarks, stated that Libby was a fall guy, which is a virtual admission that Cheney, Bush, and Rove committed a crime, namely the crime of outing a covert agent and exposing a secret overseas WMD operation and all its agents. They said they planned to call Cheney as a witness but then decided not to.


    Now that he has been convicted, Mr. Libby may face karmic punishment in prison from other prisoners, and he is also a felon, who will lose his law license and be debarred from voting and many other things that will affect his income and family life. His children and nieces and nephews will live a life of shame.

    His defenders now have reason to worry that, like the late Martha Mitchell, who died with mysterious swiftness around the time when her husband was convicted, Mrs. Libby will now spill the beans or pressure Hubby to do so. He must know a lot.

    Whenever a President abuses something, it's worth thinking if the thing abused has been used well by other Presidents, or if it really should not be available to any. There is a difference in my mind between the general Presidential power of pardon, and lame-duck pardons just before leaving office.

    Ford's pardon of Nixon probably cost him any chance of reelection, but Ford had the courage to do it two years before the next presidential term. It was hardly stealthy. While it can be argued if it was wise, I respect Ford's intention of moving on after a national tragedy.

    Given that example, I would not be opposed, for example, to cutting off pardon authority after a new President was elected, unless the current President had been reelected.


    --
    Howard

    *equal opportunity offense to both extremes*

    "Those who cannot remember the past are condemned to repeat it" [George Santayana]

    If Larry and others believed she was covert, they would want the truth out too. They know she was not.

    TJK, the reverse would also be true in that Libby's lawyers would have wanted Plame's status known if she was not covert or NOC. AND, they would have been able to bring that out according to the affidavit
    filed Nov. 18, 2005. There were 2 types of unclassified information that were covered by a general protective order. From paragraph 5 of the affidavit:

    ...Under this arrangement, the defendant will be free to disclose (or not disclose) any documents not marked as being subject to the protective order, as he chooses. If Mr. Libby or his counsel later identify marked documents which they think should not be governed by the protective order, the parties may remove the restriction by agreement, or if no agreement can be reached, the defense counsel may seek relief from the Court.


    War does not determine who is right - only who is left. Bertrand Russell

    Arta, I agree.

    The Wilsons aren't naive nor did they just fall off the turnip truck, and the same goes for their circle of friends. I'm sure they researched among those legal beagles they know what a civil case would entail and their chances of receiving some monetary damages. Any money awards are incidental.......

    I think they just want to get the Bush gang in discovery and under oath.

    But that would ruin all the fun!

    Jan Knaus

    Another problem Libby is facing is legal fees. I know the right wing already chipped in a bundle and they may continue to carry him. Libby also has a family he has to help or fully support, and as far as I know he's out of work right now.

    His situation reminds me of that old saying; "He's up Shit's Creek without a paddle."

    He will not live a life of shame, and neither will his children. The right wing has flown to his defense and are rewriting the script as we are writing our thoughts. He is a hero because he kept (so far) Cheney out of the line of fire. He kept the truth from coming out. That is what the neo-cons want. He will believe the story and so will his children. As to his income? Get serious! Cheney has all that taken care of. Bet on it!

    This "family values," and "culture of life" cult, they laugh at Anne Coulter calling for offing judges and Presidents. Out of the other sides of their mouths they go ballistic when someone tells a joke and flubs it. Their hypocrisy knows no bounds.

    Yes, if there were a real desire to acknowledge reality he would be scorned and die in disrepute, but that world was stolen from us by Bush et al. They spy without warrents, they torture and they have given Habeas Corpus the finger! Libby is a freckle on the ass of this monster, and they will call him a beauty mark.

    If you don't believe me, go back and read TJKING's drivel.

    Jan Knaus

    J. McCutchen

    Done Larry


    Thank you! Please note that if you are not a constituent, this form will not process your entry. Non-constituents should visit http://democraticleader.house.gov to learn more about Congresswoman Pelosi's role as Democratic Leader.

    Name: John Mccutchen


    E-mail: jmac@sfsu.edu

    Comments: Dear Madam Speaker: Yesterday on the District Courthouse steps, Libby juror told assembled reporters "It was said a number of times, 'What are we doing with this guy here? Where's [Karl] Rove ... where are these other guys?' " It is now clear from the public trial record that the Vice-President was at the center of Libby's cover-up. Libby obstructed justice to cover up the White House continuing course of deceit pursued to lead this country to an illegal, unjustified war and thence to the greatest strategic disaster in US. That is more than enough to justify Chairman Conyers to open hearings in the House Judiciary Committee into articles of impeachment against Vice-President Richard Bruce Cheney. I ask you to support such hearings

    Unfortunately, Libby won't go to a prison where he can get raped, the legal system saves those type prisons for those outside Libby's class.

    And Armitage is a whistleblower why? In what universe? Oh, the one you like to make up!

    Wilson didn't lie about the president. He told the truth. The president lied. Now, got it? Good. I thought you'd get it after a simple explanation! Now, go take your nappy.

    Jan Knaus

    The jurors were obviously liberals who hate America and support the terrorists.

    What is so hard for you wingnuts to understand about this?

    They don't want to understand it, one whole leg of their table is their contention that Plame was NOT covert.

    (another leg of their table is; if Plame was covert it was Clinton that outed her)

    Imagine if you will; all that the Forces of Wingnuttery would have to face, all they would lose, if they had to accept the FACT that Plame was covert.

    NEWSFLASH; Obergruppenfuhrer Pat Buchanan just invaded Poland!

    Before you turn this into a rehash of the Clinton impeachment, allow me to deflate the whole issue. My point is that the grounds for an investigation and the naming of a special prosecutor does not have to be the one and only cause of an indictment and/or conviction.

    The post I am taking you to task for is the one in which you try to derail discussion by calling into question whether Plame was ever "covert" to begin with and, thus, if a crime had even been committed to justify the whole trial.

    My point, it doesn't matter. Libby lied. He lied to cover up a very good reason to question the integrity of this White House. And if Cheney is at all involved and is guilty himself of playing fast and loose with the truth and the law, he deserves impeachment.

    You know what's really been puzzling to me, Howard? But no longer...

    Where, at 6:39am Sara presented a direct question to Johnson and unknowingly opened the door for you to barge in with all this blah blah blah blah and take this thread in a totally sideward direction.... Your MO, even though I must give you credit that it is couched in such wonderful wordsmithing and and piles and piles of citations upon citations and government and military double-speak in addition to all kinds of trap-doors, it has become very transparent to me of your attempts to sidetrack and thereby confuse the train of thought of the original thread ... Maybe the proverbial straw with me was, "I could tell you my job, but then I'd have to kill you." Oh! I know I know... That was truly "tongue-in-cheek" or was it a "broad generalization" ???

    Anyhoo ... Here's one for you Howard, in an attempt to steer back on course to Sara's comments.

    Name the branches and the various departments in the US government that are granted the sole power of subpoena within the scope of the US Constitution and related US law.

    Adios hombre...

    ~OGD~

    ps: As I pointed out in an earlier 'ps' this week ... don't forget, Always try to keep what's real near...

    In addition, I thought it would be educational if I attached the civil suit charges (from TPMMuckraker):

    1) Violation of First Amendment Right to Freedom of Speech - because the First Amendment "prohibits government officials from subjecting any individual to retaliatory action in reprisal for the exercise of the right to speech."

    2) Violation of Fifth Amendment Right to Equal Protection of the Laws - because the Equal Protection Clause of the Fifth Amendment "prohibits government officials from intentionally subjecting any individual to treatment that is different from that accorded to others similarly situated and is without legitimate basis." In other words, they singled the Wilsons out for a smear job.

    3) Violation of Fifth Amendment Right to Privacy - because the Due Process Clause of the Fifth Amendment "prohibits government officials from violating any individual's right to privacy by publicly disclosing personal information."

    4) Violation of Fifth Amendment Right to Property - because the Due Process Clause "prohibits government officials from depriving any individual of a property interest in employment without due process."

    5) Conspiracy to Deprive Persons of Their Civil Rights - because Rove, Cheney and Libby conspired to deprive the Wilsons of their civil rights (as described in 1-4).

    6) Action for Neglect to Prevent Civil Rights Violation - because Rove, Cheney, and Libby could have stopped the smearing of the Wilsons, but didn't, and then lied to investigators and the federal grand jury about their role in the leak.

    7) Public Disclosure of Private Facts - because "The Defendants caused widespread publication of a private fact... in a manner that would be deemed outrageous and highly offensive to a reasonable person of ordinary sensibilites."

    8) Civil Conspiracy.

    And here's the Prayer for Relief that states the following:

    From pages 22 and 23 of the suit (Muckraker PDF Documents):

    WHEREFORE, the Plaintiffs request that the Court enter a judgment including, but not limited to:

    A. Compensatory damages for violation of the United States Constitution and laws of the District of Columbia in an amount that is fair, just and reasonable.

    B.Exemplary and punitive damages.

    C. Attorney's fees and costs; and

    D. And all other appropriate relief as may be just and proper.

     


    ~OGD~

    Tell you what, O anonymous one. You go on about my terrible diverting situations with facts. You go on sniping about how I make the discussions other than what you want them to be, including when you appear not to understand the nuances of the question.

    There's a character on CSI Miami that really sums up my reaction to this post of yours. If you take seriously my using the cliche "I could tell you my job, but then I'd have to kill you," you are guilty of "felony stupid", which ought to be, but isn't, a capital offense.

    Add to that "felony arrogant". You've dodged my response about what you claim you didn't ask about citations about EOs and other things you apparently don't understand. Now, just why should I accept you as the Decider about where the discussion should be steered, and how you get to throw researchable questions at me, while you hide out and, much like the famous Wichee-Wachi Bird of the Wild West Show, get to throw out scorn and imprecation at those who displease you?

    Yes, I believe things are very transparent to you. As far as your actual contributions to discussion, especially contributions of fact, they are extremely transparent. Indeed, they are so transparent I can look right through them, as if they weren't there.

    Apropos of getting back to Sara's comments, I considered my comments quite appropriate to the decisionmaking, as opposed to the executive, power of the Senate. In other threads, I have repeatedly recommended Congressional hearings on these and other matters. Selective reading again, in your never-ending search for opportunities to snark?

    Yes, I know about subpoena powers. Go and look them up.

    --
    Howard

    *equal opportunity offense to both extremes*

    "Those who cannot remember the past are condemned to repeat it" [George Santayana]

    Before you turn this into a rehash of the Clinton impeachment, allow me to deflate the whole issue.

    "Diversion" is one of their tools when the facts are inconvenient.

    This back and forth is very puzzling indeed.

    He huffed and he puffed and he blew...

    There's a character on CSI Miami that really sums up my reaction to this post of yours.


    Sorry hombre ... Is that some kinda movie or TV drama? I personally don't live in the world of TV drama..

    ~OGD~

    Not to pile on or anything, but ...

    Larry said: "Beyond the personal damage the White House gang also ended Valerie's covert career and also did lasting damage to an extensive intelligence network. The details of that story will never be told in order to minimize the harm already done."

    Larry did NOT say: "we will never know if she was covert." Larry has made it very clear that he knows she was covert.

    He's not floating a trial balloon, you are.

    "If a President can be impeached for lying about a blow job then by God a Vice President should be impeached for setting in motion the forces that destroyed an intelligence network during a time of war."

    And I thought sex was the enemy of America. What country do you think you live in, anyway?

    On March 7, 2007 - 3:58pm JohnW1141 said:

    Unfortunately, Libby won't go to a prison where he can get raped, the legal system saves those type prisons for those outside Libby's class.

    I knew I was on dangerous ground there, wondering if people would see it as support for Libby getting raped, which it wasn't, in fact, it was a condemnation of our two tiered prison system.

    My apologies for poor sentence construction.

    Indeed. Then, perhaps, I shall turn to the Bard of Avon, and characterize your complaint as a tale of sound and fury, told by an idiot, signifying nothing.

    I might cite Churchill's characterization of Attlee as a "very modest man with much to be modest about" but, alas, you fail the first part of that characterization.

    --
    Howard

    *equal opportunity offense to both extremes*

    "Those who cannot remember the past are condemned to repeat it" [George Santayana]

    Heh, could be, but he wasn't daring al Qaeda to "bring it on" now was he?

    Still huffing an' puffing ... Eh?

    ~OGD~

    No, now I am ignoring noise.
    --
    Howard

    *equal opportunity offense to both extremes*

    "Those who cannot remember the past are condemned to repeat it" [George Santayana]

    Yeah, maybe someone should tell them to take it outside. ;-)

     

    (Although I did get a laugh out of Howard's right hook in response to OGD's CSI jab.) 

    Right hook at a liberal site? Should I be insulted? :-)

    --
    Howard

    *equal opportunity offense to both extremes*

    "Those who cannot remember the past are condemned to repeat it" [George Santayana]

    Doesn't trouble me in the least...

    But since you're into into such high-browed cliches...

    As the old Sumerian proverb goes:

    A boat bent on honest pursuits sailed downstream with the wind...

    My boat sailed about five posts ago.. and I'm seeking out honest ports for it.

    ~OGD~

    :-))

    I have secret knowledge that Elvis killed JFK on behalf of the Palestinians. I know that for a fact,...but since my connections to the intelligence community are super double secret... "..The details of that story will never be told in order to minimize the harm already done...."

    He has had 4 years to try this smoke screen, but he didn't, in the last 24 hours he has tried this new angle for the first time and I have heard several others on the left suddenly parroting this story.

    It's a trial balloon, and it is being shot down as a farce. Elvis lives at Area 51 also....secret...Karl Rove....secret,...can't tell you.

    Here's that leopard I was talking about up here ...

    By goodness ... look what I found posted by Eric Kleefield right here in our very own TPM Election Central:

    Victoria Toensing, Washington lawyer and former Barry Goldwater Senate staffer, who helped write the 1982 law governing the leaking of a CIA official's identity:

    I am totally surprised, because the verdict is inconsistent. That doesn't bother the law at all; the courts don't care if verdicts are inconsistent, because they say whichever way the jury reached the decision, that's up to the jury. But practically, the verdict is inconsistent because if you're looking at this, you would either think Scooter Libby had decided to lie to the FBI and the grand jury, or he did not. And it seems to me rather strange that it's split. Oh, in the one situation talking to the FBI, he did not, and in the others, he did. It doesn't make sense.

    Did anyone else get dizzy reading that circle-logic?

    ~OGD~

    Some folks just so happen to love standing outside the sand box egging others to wrestle?

    Yawn...

    ~OGD~

    Good for you. Some of us poor unenlightened communications engineers, alas, do not depend on Nightline. We depend on our own professional knowledge, plus information that's been around for some time in professional circles.

    Now, now Howard, one mustn't introduce logic into the thread.

    THEY ARE NOT FATUOUS!

    "I am leaning towards voting for Hillary, for the sole reason that her election would significantly decrease the wingnut population by causing aneurysms from their bouts of rage."

    HAHAHAHAHA. Thanks for the laugh :)

    Well, I guess uncovering the referral would clear some thing up then wouldn't it.

    I may be wrong, but after reading your item in context it is referring to the first two categories of GJ items and personal items, it then throws in the grab bag at the end that does not imply that Libby's defense had autonomy in declassifying. It said basically ask the court for help and we will see what we can do.

    Fitz didn't want it brought out and the left assumes it is because it is in the national interest because of its secrecy instead of assuming he is protecting his case.

    It appears Libby wanted it to be made public and Fitz won the day with his buddy Judge Walton.

    Walton has seen the referral and so has Fitz. Both of them have said that they have no reason to believe she was covert, and unlike Larry we can say with some certainty that they have actually seen the referral.

    If you also assume that Judge Walton is being honest, he said that "I to this day don't know what her actual status was" under the relevant statute.

    I'm sure the the CIA attorneys making the referral recited the Intelligence Identities Protection Act, noted a few reasons that maybe she did qualify as covert, noted some reasons that maybe she did not, noted that the issue has never been litigated, and then dropped it.

    Judge Walton did not request briefs from the prosecution or defense on the question of her covert status, has not researched the law, and has no basis for a ruling.

    So he does not know.

    If Walton has several times told the Jury that her covert status is not to be addressed or considered (which we know now they did bring it up), doesn't that pretty much explain that Libby had no hope of getting it out?

    Let it be known now if she was covert so we can prove that Wilson is the lying blowhard we have always known him to be, so we can expose this for what it always has been, a political hit job by a Kerry campaign staffer and a trumped up witch hunt and a fishing expedition. Why is Larry suddenly so against the truth coming out. The people deserve the truth.

    TJK, please answer why Libby's lawyers did not bring out Plame's overt status in the trial, if she was, in fact, overt? Your insistence that she was not covert and that this was covered up by Fitzgerald and Co., makes no sense from the standpoint of Libby and his lawyers just letting that slide.



    War does not determine who is right - only who is left. Bertrand Russell

    No, he didn't have a coherent policy on how to deal with Al Qaeda. He was a big talker when it comes to challenging Bush though. I'm glad we didn't get a chance to see him fail as miserably against our enemies as he did against the President.

    It actually targets charitable organizations which support defense of whistleblowers, TJ.  Isn't what I wrote?  I'm sure Armitage would qualify for such support if he was persecuted by the Bushistas for, say, blabbing about shady deals Bush made with Mushareff, for example.  But that's just speculation.

    Neoboho

    Seashell, I think I just explained that. If I am wrong, please help me out. Isn't it true that the Judge prohibited discussion of the covert/overt status?

    Does that explain it? I might be mistaken on this, but help me out.

    Or as miserably as Bush had failed against our enemies too...don't forget.

    Neoboho

    OK, I will have to look into Carnivore some more, but I thought I remembered the pre 911 description saying that it examines data but does not "analyze" the data or "categorize" it, unless it meets search criteria based on legal searches,..and then if it flags a "license plate" match, NSA must ask for a warrant to analyze, categorize, and make it actionable information.

    I do remember at the time the discussion of the name carnivore meaning that it gobbled up literally everything in a giant net.

    I appreciate the tip, I will look into this some more.

    seashell,

    Don't waste your time on TJ. You and I cancel out his vote & give us one to the good. Ignore him.

    Tom

    There is no possibility of failure against our enemies as long as Bush continues to confound the left's attempts to cripple our military's mission.

    === TJKING === Walton has seen the referral and so has Fitz. Both of them have said that they have no reason to believe she was covert, ===

    Citation please? Because AFAIK this is a baldfaced lie on your part. Fitzgerald danced around that subject very neatly at the indictment press conference, and the only statement Walton made was that he was convinced by the classified evidence.

    sPh

    SFC Wallace - gone but not missed.

    Tom

    I think the opposite is true, BBochove - it pretty early in the congress, but several investigations are under way.  Some are not directly addressing the topic you've chosen, but they are related AND building a foundation for more serious (sensational?) inquiry.  

    Try Waxman's recent report on Administration secrecy [link]. Look through Waxman's web site - other issues that the Oversight & Government Reform Committe are looking into include Iraq contracts, nepotism in contract awards, nullification of Bush's EO that denies public access to presidential records, and Iraq Reconstruction Overview hearings - that's just for this March.

    Cheney has exerted constant pressue to block the Senate Intelligence Committee's ongoing investigation into the administrations flawed Iraq intelligence. While Republican Roberts was Chairman, it was a no go white wash, but it's still ongoing and there's a big fight about it (scope of the inquiry).

    The Pentagon's OSP has been investigated, and more is to come.  

    I'm sure I could find several more.  What I think I see is more coming down to road, so in my opinion it is a bit premature to jump the dems on this issue. 

    Neoboho

    I'm having a small problem seeing this as an "element of our society" unless you mean rape in general.  In prison it looks like part of a system of non-judicial punishment more or less supported by the prison officials. 

    Besides, we all know that elites like Libby get sent to special prisons for the rich and famous.   THAT does strike me as one of the brutal elements of our society.

    Neoboho

    All right. What is the military's mission? Do note that there are considerably more US military responsibilities than the Iraq campaign.

    The only measurable, rational function I can see the US performing in Iraq is preparing Iraqi security forces to provide basic safety to the population. There is no particular way the US can provide security for them. Security for the training centers, certainly.

    What other missions did you have in mind?

    --
    Howard

    *equal opportunity offense to both extremes*

    "Those who cannot remember the past are condemned to repeat it" [George Santayana]

    TJK, on Feb 16, 2006 Fitz filed Government's Consolidated Response to Defense Motions to Compel Discovery, which included among other items, the defense's request for

    (b) materials unrelated to Ms. Wilson’s employment status, including defendant’s notes and Presidential Daily Briefs, prepared during the period May 6, 2003 through March 24, 2004; and (c) documents referencing Ms. Wilson’s classified employment status and the actual damage caused by the disclosure of such status. As demonstrated below, the government has produced all documents and information to which defendant is entitled, and requiring the production of the additional materials sought by defendant would unreasonably encroach on legitimate interests of national security, grand jury secrecy, and executive privilege, and would cause unnecessary delay in the litigation of this case, with little or no benefit to the defendant. (p.2)

    The defendant asks this Court to compel the government to produce materials relating to extraneous matters and crimes of which he is not charged: violations of the Intelligence Identities Protection Act (50 U.S.C. § 421) and the Espionage Act (18 U.S.C. § 793). While the documents the defendant demands are not relevant, much less “helpful to the defense,” the documents sought are some of the most sensitive classified documents in government. (pp.17-18)

    And finally, on pages 27-28 of the Motion to Compel:

    Moreover, the publication of any informal assessment of actual damage caused by the leak could compound the damage by disclosing intelligence sources and methods. Given that the defendant has not established that such an assessment would be material, much less “helpful” to the defense, there is no basis even to consider providing him with access to such sensitive classified information....In any event, the defendant’s entitlement to documents related to the assessment of actual damage is appropriately addressed in an ex parte filing pursuant to Section 4 of CIPA, and the government will follow this course.

    (Here is a link to CIPA, if you're interested.)

    The defense also seeks all documents “relating to whether Valerie Wilson’s status as a CIA employee, or any aspect of that status, was classified at any time between May 6, 2003 and July 14, 2003.” Mr. Libby predicates his request on a single reference in the indictment to the fact that Ms. Wilson’s employment status was classified during the relevant time.(11) (Paragraph 1(f) of the Indictment). The defendant overlooks the simple fact that Ms. Wilson’s employment status was either classified or it was not. If the government had any documents stating that Ms. Wilson’s employment status was not classified during the relevant time – and we do not – we would produce them though not strictly required to under the doctrine of Brady v. Maryland. (p.28)

    All emphases are mine.

    With all of the above information, can you honestly believe that Plame was just a typist in the CIA? The facts are not your friends in that belief.



    War does not determine who is right - only who is left. Bertrand Russell

    OK, well, as I said before, I had not intended to start a rehash of Clinton and was not sure of the connection you were making, but I understand your point now.

    I don't agree with your point.

    Again, not wanting to go into the Clinton thing, but the difference is significant in a number of ways. Let's focus on one. The Clinton investigation was active and ongoing when they took on the new and very real allegations of obstruction of justice and criminality. Also lets remember the monumental multipier of power and significance between a President using the power of the most powerful person in the world to knowingly and with premeditation manipulate people and the justice system. Libby is a small fry on the power scale.

    In contrast to the ongoing investigation of the former President, Fitz knew in the beginning that it was Armitage who was responsible for Plame being made public.

    Fitz knew in December of 2003 that Armitage was the leaker. He spent January of 2004 offering unusual immunity deals to Ari and others trying to find corroborating witnesses and when that didn't provide anything substantial he realized he had no case and decided to convert it into a fishing expedition. Armitage was about to leave the government in February one step ahead of the Sherrif.

    That same month, Fitz knew his investigation was completed so he contacted Comey at DOJ to check if he could start fishing for "process violations":

    Comey at DOJ replied:

    [T]he authority to investigate and prosecute violations of any federal criminal laws related to the underlying alleged unauthorized disclosure, as well as federal crimes committed in the course of, and with intent to interfere with, your investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses.

    Link Here

    The Clinton case had overlap. It was ongoing.

    Fitz knew he had no case almost immediately, He looked around for a couple of weeks, found nothing, then decided to set traps for WH officials and coerce guilty non WH officials against who ever he could net. The fishing began.

    Regarding Clinton, some of the crimes had already occured and any process crimes after that were incidental to earlier crimes.

    TJ, the only thing you've "explained" is your penchant for weaving strawmen.  Here's Walton's instructions to the jury in full context:

    “No evidence will be presented to you with regard to Valerie Plame Wilson’s status. That is because what her actual status was, or whether any damage would result from disclosure of her status, are totally irrelevant to your decision of guilt or innocence. You must not consider these matters in your deliberations or speculate or guess about them.” [link]

    Had you been on that panel, you would have had to recuse yourself on the grounds that you couldn't follow the Judge's instruction in good faith. 

    I wouldn't even go as far as Seashell and argue that the court was evading the issue in the interests of national security.  The simple fact is that it was not relevant, and seperating the wheat from the chaff is a typical pre-trial process.  Both parties agreed to this instruction before the trial began. 

    Neoboho

    Excellent post, seashell

    TJK, the only protected unclassified documents were those that included the grand jury proceedings of persons who may have been investigated, but not charged with a crime and documents that contained personal mentions of phone numbers, doctors appointments or family contacts.

    Therefore, if Plame's status was not classified, the defense would have been very free to reveal that.

    See below for answers to the rest of your post.


    War does not determine who is right - only who is left. Bertrand Russell

    TJ, the only thing you've "explained" is your penchant for weaving strawmen..........

    Exactly. The Wingnut's quiver of arrows for debate: assertion, lies, dissembling, exaggerations, diversion, straw men, incessant questions but no answers, and a hostility to reality.

    Neoboho- those were the arguments Fitz used when arguing before the court on why Plame's status should or should not be made part of the trial.

    The other thing he mentioned and which I think Libby's lawyers finally grasped, is that if her status was part of the trial, it would only hurt Libby and not help him, as the outrage would be centered on her outing. Fitz was looking forward towards the appeal on that one.

    I can't remember which site had those pre-trial arguments posted, but I'll see if I can find them.


    War does not determine who is right - only who is left. Bertrand Russell

    But just to be a fly in the ointment, Seashell, TJ is citing the trial itself (notibly the jury instructions) and you are citing the discovery phase of the litigation.  Apples and oranges.  It's true that both parties can gain some advantage while arguing the rules of the trial in chambers with the judge, but generally the arguments have to address "scope" which prevents litigation from going anywhere and everywhere that the contesting parties choose, wearing juries out and costing an emmense about of time in court.  

    The interesting thing about TJ's argument was that during the course of the trial the Prosecution wanted to show news articles to jury that regarded Plame's covert status to show the jury what Libby would have known at the time he lied to the FBI.  It was quashed, of course, under the authority of the jury instructions. 

    Neoboho

    What word would you use?

    Isn't it true that the Judge prohibited discussion of the covert/overt status?

    Yes, but it was for Libby's benefit that he did so. If Plame's status was part of the trial, it might have proved detrimental to the defendant.



    War does not determine who is right - only who is left. Bertrand Russell

    You're a good fly, neoboho:-) But the apples are usually so much more informative than the oranges, I think.

    By demanding the classified info, Libby's lawyers were going for the greymail routine. By keeping it strictly focused on the grand jury proceedings, Fitz avoided the entire classified problem.

    My guess is that none of the leakers, including Libby, knew Plame's full NOC status or her involvement with Brewster-Jennings. They were only concerned with making a case for despotism, since they couldn't knock Wilson down on his credentials. That's why there have been no charges on the leak itself. The leakers did not knowingly and with intent leak her name to screw up national security, just to screw up Wilson's story.


    War does not determine who is right - only who is left. Bertrand Russell

    And Fitzgerald told you all this in his many emails to you? Did he say, "Let the fishing expedition begin!" or did he say, "I think I'll start a fishing expedition?" I'd really like a quote here TJ

    And this, " he contacted Comey at DOJ to check if he could start fishing for "process violations"

    Just curious; were those his exact words, because I noticed that your only quotations are around "process violations." Did he say that, or what? Maybe you could give us the whole sentence rather than 2 words and some subjective BS of your invention.

    This is your take-home message TJ. What Fitzgeral didn't have was THE TRUTH from Scooter Libby. Lying in order to hide the truth is called obstructing justice. That is why a jury found him guilty. It was not a fishing expedition, especially since the biggest worm out there seems to be getting away scott free.


    Jan Knaus

    Well, they weren't allowed to use information about Libby's forgetfulness unless he was going to testify. They did it anyway.

    Can you give a reference for this:

    They weren't allowed to.

    Jan Knaus

    No, he didn't have a coherent policy on how to deal with Al Qaeda

    Explain, IN FULL, Bush's successful handling of al Qaeda since 9/11.

    Oh, and his successes against the guy that attacked us, Osama bin Ladin.

    Lets see now, Bush has been battling Osama and al Qaeda since 2001, that's about 5.5 years.

    Tell me, Osama is dead and there are only 2 or 3 al Qaeda left to round up, correct?

    I do give Bush credit for killing al Qaeda's #3 six times.

    We can't know how Kerry's handling of al Qaeda would have worked out because he isn't the President, but we do see Bush's
    miasma.

    You may be right, and I certainly hope so, but I am concerned. I do not see why there are NO hearings on the Bush Iranian policy, which seems reckless and seem designed to lead to war. It would seem that getting in front of some of these issues with public hearings is very important. You say the intelligence committee is continuing their investigation (I think it has been doing so for the last four years...supposedly). When Pat Roberts was the chair it was certainly a whitewash, but you seem privy to more information than I can get. In particular, what subpoenas have been issued? Why is Cheney's pressure effective when the committee is controlled by the Democrats? I just do not get it. I am going to search the NYTimes and Washington Post sites to see what entries are there relating to Senate Intelligence Committee...I just don't think there are many.

    Seems pretty easy to me to parse the case.

    Although they didn't use it in the defense, it could have been argued that since there was no underlying crime to cover up Libby had no reason to lie, therefore he only forgot.

    Unfortunately, the multiple conversations detailed in testimony and the circumstantial evidence of the serious concern in the WH suggest the reverse--WH was in fact worried about a possible crime, and Libby had compelling reasons to lie.

    The conclusion is that since Libby did lie (says the jury) there was crime. Or at least a sense of guilt over something, felt by Libby's superiors. Guilt over Plame or the war? I bet they didn't care about Plame and felt that statute was to restrictive to apply. It was the war, of course.

    And that was a crime, since the foundations of the case for war were fraudulent. Even if committed by obssessed believers, it is at least criminal negligence to have so readily accepted and exploited the unvetted junk they ran with.

    Cheney could have said "I have no doubt Saddam has reconstituted his nuclear program." Instead he said "There is no doubt..." There was doubt, so this is a patently false statement. Etc.

    Libby lied, and for a reason.

    Impeaching Cheney would be more productive than trying to impeach Bush on almost every front.

    Our troops would benefit from Bush getting better advice from a different VP (look at the benefit of replacing Rumsfeld). And politically, going after Cheney is okay with swing voters but will still satisfy the far left (and the rest of us).

    How about "DISGUSTING LYING and DANGEROUS?"

    Fatuous means unreal, illusory or silly. It doesn't even come close to these people.

    Actually I thought he was being funny, but then I looked up the definition and I agree there are better choices, but it doesn't make it wrong if that is what you think!


    Jan Knaus

    TJ, are you saying Bush won by a landslide against Kerry? Are aware that voter suppression and manipulation of voting machines in FLA and Ohio are the only reason he squeaked by? Yeah, I thought you were. So how do you mean he failed "miserably?" Usually that means a rout. Bush has taken office twice with extremely low popular votes, and of course the first time he actually lost, but let's not go there now.

    Jan Knaus

    Those words work for me too.

    Regarding Clinton, some of the crimes had already occured and any process crimes after that were incidental to earlier crimes.
    Neither of the two articles of impeachment that were passed involved matters related to the original scope of the White Water investigations. They were wholly irrelevant to the investigation and it was only once Starr had gained the right to expand his own fishing expedition that anything stuck. To this day no charges have been filed against either Clinton in the White Water investigation.

    Now let's talk about "overlap" as it might pertain to Libby, Cheney, and possibly even the President himself.

    You are right about Libby; he IS smallfry. That's why this thread is about the NEXT step in Plamegate. Investigating Libby has produced one conviction and has convinced a number of jurors that there is more to be uncovered higher up the foodchain. Now whether there is enough specifically within the purview of the Plame leak to impeach Cheney or prosecute someone like Armitage remains to be seen, but there might just be enough to warrant a continuation of the special prosecutor and possibly to expand the scope of his/her investigations.

    Given the success of Fisherman Ken to bring impeachment on the scantiest of pretenses, I think Cheney's office should be very worried that investigation might start poking in some very sensitive areas. Considering that Ken Starr was granted an expansion in his role by late January 1998 and had managed impeachment by December of the same year, I suppose we should be looking for something similar...let's say by the end of this year to avoid spilling into the presidential campaign year.

    Which scandal did Clinton jump on board for, Oil For Food? Voelcker didn't even start his investigation until after the US invasion.

    OK. Neoboho i have gone over all the entries in the Washington Post going back to January 1 2007 which mention Senate Intelligence Committee. There are very few of them leaving aside the interviewing of the new intelligenc honcho McConnell. On Feb 28, Rockefeller indicates he might look into the American prisoners who have apparently "disappeared" (as in Argentina during the "dirty" war) and January 27 indicating he might issue subpoenas concerning domestic spying. Now the Senate Committee has subpoena power. Why can't they subpoena Cheney and his Pentagon group and get some answers under oath? Is this farfetched? Why? We are talking about a major American catastophe. Aren't they (Senate Select Committee on Intelligence) supposed to get answers? i do not buy your argument that it is premature; it really seems to me NOTHING is happening in the investigation of the manipulation of prewar intelligence. I'd like to know why.

    Considering that the "left" had absolutely no say in anything Bush did until January 2007, who do you blame for all the failure before that? Did the left make Bush pull out of Afghanistan when BinLadin was cornered? We had a real chance to win there, but the Bush regime ruined the military mission by sending them on a personal vendetta/war profiteer enrichment project.

    Did the left make Bush & Rummy ignore Shinseki's advice on how to win in Iraq? I don't think so.

    You really make yourself look sillier than ever when you make absurd comments like this.

    Question: Why would "the left" want our military to fail? It is just a despicable talking point. Since when is sending young men & women to their deaths for a complete lie, "supporting our troops," and wanting them home with their families "hating them?" Only in the Publican rule book, or 1984 --> It's doublespeak and it is amazing that the pathetic 30% still fall for it.

    Jan Knaus

    Get rid of them both!!

    Tom

    "...The CIA determines who they designate as an undercover agent or not. What is so hard for you wingnuts to understand about this?..."

    And what the CIA just keeps these records in their heads and reports them in a manner that fits their fancy?

    She either was "covert" or she was not. Where have you been for the last 5 years? This laughable illogic that the fact that there was an investigation proves that there was a crime. And the supposed fact that Libby lied proves that she was covert? What kind of acid are you on?

    The fact that the cop saw the jogger running proves that he robbed the bank, why else would he be running. A witch is made out of wood and wood floats, so if she sinks she is innocent.

    Have you ever considered posting a logical argument?

    'He was a big talker'

    'he didn't have a coherent policy'

    'to see him fail as miserably against our enemies'

    Describes George Dubya on the mark TJ, very good !

    Yes, the working definition I use is "smug in their ignorance."

    I thought that was an apt description.

    The Republican Party has attacked "the form of government guaranteed by our Constitution."

    http://en.wikipedia.org/wiki/Unamerican_activities

    House Committee on Un-American Activities (HUAC or HCUA) (1938–1975) was an investigative committee of the United States House of Representatives. It is often referred to as the House Un-American Activities Committee. In 1969, the House changed the committee's name to the Committee on Internal Security. When the House abolished the committee in 1975, its functions were transferred to the House Judiciary Committee.

    The Democrats control the House ?

    Subversion:

     HUAC became a standing (permanent) committee in 1946. Under the mandate of Public Law 601, passed by the 79th Congress, the committee of nine representatives investigated suspected threats of subversion or propaganda that attacked "the form of government guaranteed by our Constitution." Under this mandate, the committee focused its investigations on real and suspected Communists in positions of actual or supposed influence in American society. The first, such investigation looked into allegations of Communists in the Federal Theatre Project in 1938. A significant step for HUAC was its investigation of the charges of espionage brought against Alger Hiss in 1948. This investigation ultimately resulted in Hiss's trial and conviction for perjury, and convinced many of the usefulness of congressional committees for uncovering Communist subversion.[1]

    I would also add this link

    http://en.wikipedia.org/wiki/McCarthyism

    The primary targets of such suspicions were government employees, those in the entertainment industry, educators and union activists. Suspicions were often given credence despite inconclusive or questionable evidence, and the level of threat posed by a person's real or supposed leftist associations or beliefs was often greatly exaggerated

    What was the reason for the firing of Federal Prosecutors?  Attacking Wilson?

    We fought against one ideaology only to let another enslave us? 

    "...Neither of the two articles of impeachment that were passed involved matters related to the original scope of the White Water investigations. They were wholly irrelevant to the investigation and it was only once Starr had gained the right to expand his own fishing expedition that anything stuck. To this day no charges have been filed against either Clinton in the White Water investigation...."

    I wasn't arguing that the Clinton's impeachment counts mentioned Whitewater. Starr initially recomended 11 counts of impeachment against Clinton.

    Your remark about neither Clinton indicted for Whitewater, you may not remember, Clinton was stonewalling and obstructing right up until the day Gore conceded. Prosecutor Ray was still threatening indictments on election day. Ray only agreed to a package deal with Clinton to decline the criminal indictments of perjury and obstruction of justice if Clinton agreed to an admission of guilt to the Judge Wright charges, pay the fines, hand over his law license. This automatically disbarred him from the SCOTUS as well.

    For someone who doesn't want to talk about Clinton you got alot of interest in the 42nd President. As I was reading this, I was thinking Hillary has been waiting for the old stuff to bubble up and I suppose with pardon talks and other stuff this week, its better for her now than later.

    OK, here we go. This WSJ article is a pretty good summary of the shifty bunch of criminals Clinton hung out with his whole career. I have read alot over the years by Clinton friends and his closest aides and you can't find many people that won't tell you that he was a liar and had a propensity for "getting away with it". I almost felt sympathy for Hillary the other day when benefactor Geffen broke radio slience and called them what we all know they are. That was what made it such huge news. That rare occurence of a Clinton insider not intimidated enough by the Clinton Machine to break ranks and tell it like it is. Thats what blew people away, the thought that it might signal more defections. Like an old prize fighter coming out in the first round and getting knocked down only to get back up and regain composure for the fight. It was very dramatic for the MSM. George Stephanopolous in his book closes the last chapter in disgust over a man that he respected who blew his potential for the stupidest of blunders.

    What you are calling a fishing expedition was an independent counselship that netted more than 15 high level convictions of Clinton's closest business partners. There are very few things Clinton touched in his carer that didn't leave in its wake prison and corruption. I am very familiar with Arkansas and, well, Southern Arkansas and Louisiana spawned several generations of Huey Long type corrupt populists and Bill was one of many. Thats the way it was run. That style of corrupt politics would not fly under the radar like it does in Arkansas when it hit the national stage.

    In the process of locking up an army of Clinton associates, Bill Clinton pushed Monica to pressure Linda Tripp to commit perjury in the Jones case. She threatened that her career could be ruined and worse. Where do you go with a threat like that which we learned later was legitimate? She went to the Special Prosecutor.

    Do you call a cop, go to FBI, talk to your congressman? So she went to Starr with allegations of subourning perjury. Reno was the one that asked that it be expanded because the evidence of criminality was so compelling and later turned out to be true. What does Starr do, throw it in the garbage? He is acting as an arm of the DOJ, a crime was committed before his eyes by the target of his investigation, using the same tactics that Clinton used to obstruct the white water investigation. The next day Clinton was committing perjury before the Grand Jury.

    Your hopes of future prosecutions of Cheney or Queen Elizabeth or Santa Claus or whoever are not going to happen. Fitz already said his deal is done. No more investigation, no nothing. He stated it yesterday. Its over.

    If you are hoping for Impeachment, I would just be delighted to see congress attempt to take on a war time commander in chief based on one of his staffers contradicting proven liar Joe Wilson when he lied about a CIA operation he went on in order to benefit his boss, John Kerry.

    I would love that. That would be the most suicidal piece of political theater in American history. The constitution anticipated lunacy like this and your party would never recover from such indulgent psychosis.

    TJK, asking us to read and swallow anything coming from the WSJs Opinion-ated Journal is akin to asking you to take an article from The Nation as absolute gospel truth. Ain't gonna happen. I keep trying to tell you, you need better sources.



    War does not determine who is right - only who is left. Bertrand Russell

    There's a side story to Bush's folly in Iraq, its the price paid by those who jumped on the Bush Iraq War Bandwagon; Politicians, journalists and the News Industry itself. Among other things, many in the news industry saw their reputations take a hit.

    Look at Russert. I remember when the Bush gang first took office, Russert's only guest was Cheney and there was Russert wearing an ear to ear smile, gushing over Cheney's "gravitas."
    I don't know of any other show that became such a forum for the war drums like Meet the Press, Russert was Cheney's go to guy when Cheney wanted to get more go to war "news" out. In the end they used Russert, and old Tim had to lawyer up.

    Three others that quickly come to mind are Tom Friedman, Bob Woodward, and Judy Miller.

    The news industry itself suffered with an new assault, hauling reporters into court.

    Any number of politicians are paying the price, those who lost elections and those who voted for the war and are now trying to distance themselves from that vote.

    And last but not least; the wingnuts who make themselves look like complete asses by twisting themselves into pretzels trying to spin the reasons for, and the consequences of, the war in Iraq.

    I'd like to think it was poor judgment that led these journalists astray, but I'm afraid in Miller's case I think it was resume' building.

    Tom

    Larry's "secret" knowledge is this: he knows Valerie Plame. He went to spy school with her. He was CIA. Now that his own CIA career is over, and her cover is blown, he is simply stating what he knows. Who would know better what a CIA agent's covert status is/was than another CIA agent? Why would an "investigation" uncover more authoritative proof of her status than that? I mean, you can choose to disbelieve Larry, but on what basis will you then believe the results of an "investigation" into Plame's covert status, where much of the information would inevitably be heavily redacted?

    It seems to me you are trying to set up a situation whereby you can say: "Look, her status was not covert, because no matter how many times we ask, we run into secret information; therefore, since the gummint refuses to reveal all to me, they are lying when they say she was covert."

    I can certainly understand this position -- I think the government does sometimes lie to us and cover up its lies under the guise of national security, prime examples being its refusal to let us know who it is wiretapping and why, or its refusal to allow human rights monitors in to Gitmo -- but in this case, as others have pointed out, it would make more sense for the government to maintain that Plame was *not* covert. But that's not what they have done here.

    The next step should be a full Congressional investigation of the Niger Forgeries.

    Talkingpointsmemo has been tracing the genesis of the Niger forgeries, and has done a stellar job of it. Now Ray McGovern points out the truth, hidden in plain site. It's time for Josh and team to revisit the mystery of those Niger forgeries:

    Libby lied to protect himself and Cheney because they are the "intellectual source" for the Niger forgeries, those crude, easily detected forgeries which surfaced via an obscure informant for Silvio Berlusconi's Italian Intelligence services. Cheney "engineered" them, and then he exploited them when they surfaced, because that was the plan all along--to use spurious "intelligence" as a basis for the Iraq War.

    Dick Cheney, and Scooter Libby intentionally conspired to create and exploit the Niger forgeries -- an act of treason. It was a conspiracy to defraud the government of the United States. That is why Cheney and Libby were frantic to discredit Joe Wilson, and why Libby lied to Federal investigators and prosecutors.

    Former CIA analyst Ray McGovern points out the truth:

    http://www.antiwar.com/mcgovern/?articleid=10641

    What you are calling a fishing expedition was an independent counselship that netted more than 15 high level convictions of Clinton's closest business partners.

    What is a "high level conviction"?

    Clinton's "closest business partners"?

    "Partners"?

    15? Are you counting the homeless guy that Clinton saw on the street in Arkansas that he gave $5.00 to?

    Why are you ignoring the list of those "connected to Clinton" who died mysteriously?

    And what about the Clinton drug operation being run out of Mena airport in Ark?

    After 6 years of constant hearings into Clinton by both Republican controlled Houses, 3 Independent Counsels, Subpoena power, up to $100 million spent. Richard Mellon Scaife spending millions privately, the "Arkansas Project" to name one instance, and NO indictments of Clinton?

    WAIT!, This can't be right, can it? NO INDICTMENTS OF CLINTON? HOW CAN THIS BE???? 6 Years of Republican House and Senate hearings and no indictments???
    After all of this, NO INDICTMENTS OF CLINTON??? OR HILLARY??

    NO murder indictments??? NO Rape indictments????

    NO Treason indictments??? How can this be????

    NO drug running indictments?

    Oh, wait a minute, you did have impeachment, but you failed, you and the 33% of the public who favored it.

    TJ and people like him are the gift that keeps giving. The more they try to spin Bush's antics the farther Bush and the Republicans drop in the polls.

    TJ, did I ever thank you for helping us take Congress back? Keep up the good work.

    Seashell, I do read the nation. I think their nuts, but I tend to like to see what other people think, why else would I be here. You shoud try it sometime.

    Is there any specific part of the list of criminal enterprises that you consider non factual? I only chose that source because it was a good summary. I challenge anyone to find a summary of Clinton scandals at the nation.

    TJ, it amazes me that when the witch hunt or fishing expedition involves Clinton, everything that hints of the worst must be true in your opinion--the stonewalling, the "mysterious deaths," the double speak. But when it concerns the Bush administration the worst is simply hate mongering.

    It might surprise you to realize that I agree that the Clintons were engaged in all kinds of stonewalling and double-speak. I reserve judgement on "mysterious deaths" however. That kind of tabloid speculation is unproductive.
    It might also surprise you to know I have never voted for Clinton.

    That said, you seem to be far too willing to give the benefit of the doubt to an administration every bit the equal of its predecessor in stonewalling and double-talk. When you're talking out of both sides of your mouth, that tends to happen. This president has invoked executive privilege time and again, except that Bush's use of it has meant a headlong march into a war in which thousands have not-so-mysteriously died.

    You can spin the actions of the Bush administration any way you want, but until you learn to engage in some disengaged, objective criticism of the current administration, your words will always ring of delusional polemic.

    What word would you use?

    You're missing the joke.

    On March 7, 2007 - 12:07pm NJ Lawyer said:
    The same crowd that relished the partisan impeachment of Clinton is now calling for a pardon for Scooter Libby.

    Fatuous, amoral hypocrites.

    My claiming they aren't "fatuous" was satire as I obviously agreed with "amoral hypocrites" :)

    On March 7, 2007 - 7:10pm TJKING said: There is no possibility of failure against our enemies as long as Bush continues to confound the left's attempts to cripple our military's mission.

    I find it amazing that those on the right find a sense of satisfaction, of accomplishment, and also a sense of positive reinforcement when they post mindless tripe like the above.

    Its like a man chopping one of his hands off then claiming how much more convenient it is to not have TWO sets of fingernails to clean, cut, and polish.

    I'd like to think it was poor judgment that led these journalists astray, but I'm afraid in Miller's case I think it was resume' building.

    Tom, of couse there is poor judgement involved, but I think there are also journalists like Judy Miller and Bob Woodward
    and maybe Tim Russert to name a few, who long ago decided that siding with power was more lucrative than speaking truth to it.

    Everyone probalby knows this, but....

    There are a number of hearings that are going on that don't get much, if any coverage. With the Congress in session, the best source of hearings is C-SPAN, but their first responsibliity
    is to airing the Senate and House regular sessions. C-SPAN 3, PERHAPS should be exclusively for hearings but it isn't.
    C-SPAN will air taped hearings after the House and Senate close for the day.

    I think CNN now has a "paid service" that streams programs as I encountered this the other day when it was showing one of the hearings.

    When asked what he would investigate, Henry Waxman said something like: "I don't know where to begin."

    Give them some time, its still early, lets see what's happening by early Summer. Hearings will go on, my question is; As the Democrats start peeling the onion on any particular Bush controversy (take your pick) what will they do if they see it heading toward impeachable offenses?

    Ken D.

    Absolutely right. If progressives expect to have any credibility when criticizing Coulter and her ilk, we need to be ready to call fouls on our side. This is one of those times.

    Agreed, put it on the list. By the way, I think there is an investigation on these documents going on in Italy.
    Bush lost his a**hole buddy Berlisconi and this new government isn't exactly Bush friendly.

    "...Given the success of Fisherman Ken to bring impeachment on the scantiest of pretenses, I think Cheney's office should be very worried that investigation might start poking in some very sensitive areas. Considering that Ken Starr was granted an expansion in his role by late January 1998 and had managed impeachment by December of the same year, I suppose we should be looking for something similar...let's say by the end of this year to avoid spilling into the presidential campaign year...."

    You mentioned Ken Starr bringing charges on the scantiest of pretenses. I think the summary I provided and the examples I provided show that Clinton's character and his actions throughout his career invited investigation for what are proven and legitimate wrongdoing, not the scantiest of pretenses.

    The rest of the above paragraph and the general theme of your reply is an example of a common theme amongst democrats that the numerous scandals and investigations against Clinton were groundless and illegitimate, so the left should subject Republican Presidents to groundless and illegitimate investigations as well.

    You are expecting me to go along with your assertion that a member of John Kerry's campaign, Joe Wilson, has presented a legitimate pretense for Impeachment of the President?

    The real joy of this whole affair has been exposing to what excessive lengths the media, Democrat candidates, liberal bureaucrats and the left in general struggle to find some equivelent proof of corruption and malevolence in George Bush. Wilson lied. The media lied. The investigation was a farce. The end result is that the original accusation against Bush was completely illegitimate and false.

    George Bush deserves an apology.

    Regarding your mention of stonewalling, Bush's error especially in this case is that he cooperates with these illegitimate attacks TOO much. He never should have allowed Ashcroft to give Fitz that authority, because the accusation against Bush was illegitimate and has been proven so.

    Your wish for some form of equity is just that a wish. Bush and Clinton are not alike. The calls for impeachment are nothing but projection. They have been calling for his impeachment since before he was even President.

    I did not bring up the numerous "mysterious deaths" surrounding Bill Clinton. As you seem to imply, to pretend that there are not a significant number of mysterious deaths around Clinton would be a denial of the facts. To draw any conclusions as factual regarding his culpability would be leap. I do not make that leap.

    Since you brought it up, I will offer two points based on personal opinion. First since what is verifiable is that Clinton surrounded himself his entire career with shady characters and criss crossed a world of corruption, it is not surprising that "mysterious deaths" would be more likely to occur in a world of corruption as opposed to a career that did not come into contact with excessive amounts of corruption and criminal behavior. To be clear, does that mean Clinton killed anybody, absolutely not. Could it explain why these things happen in his close proximity, maybe. Since you brought it up, I wanted to make clear that there were mysterious deaths, but that doesn't mean he was personally involved.

    My second point is that his inner circle have always been aware of the shifty and even criminal element that hovers around the Clintons. They tended to assume a need to circle the wagons and initiate the war room attacks not because they were being attacked with illegitimate accusations, they were ramping up for war because someone had uncovered factual information that would lead to emabbarasing ties to Clintons shady underworld.

    They assumed that if something went wrong, it might have something to do with his corrupt secret world. Example, it "appeared" suspicious when Bernie Nussbaum quickly sanitized Vince Fosters office and locked his files in a vault when he heard of the suicide. I believe it is ridiculous for anyone to believe that Foster's death was Clintons fault. But what is problematic for his people is because of their assumption of their own boss' corruption, they look suspicious even when they are completely innocent about the specific situation.

    I hope you are not imitating these other posts and by mentioning the mysterious deaths trying to imply that I believe the Fort Marcy Park stuff. Clinton has enough real corruption around him to worry about phony conspiracy stories. As stated a few days ago, I am only responding to your mention of the topic.

    When looked at side by side which is what you are asking, Clinton remains a dirty politician, a liar, and an irresponsible person in his daily life who in some instances made legitimate attempts to promote policies in the public interest. Bush is a President who has upheld the highest standards of personal integrity and at considerable sacrifice to himself has pursued policies that he sincerely believes will protect the American people.

    There is no comparison.

    What was that, TJ? I'm sorry, I was distracted by the first inklings of expansion: http://www.usnews.com/usnews/opinion/baroneblog/archives/070307/lawmakers_inter.htm?s_cid=rss:site1

    He may have had a hand in crafting the amazing US welfare system that his family can surely take advantage of if need be.

    On March 7, 2007 - 12:31pm TJKING said: If the support fund is there to help whistleblowers, is there any money set aside for Armitage or is it only for leakers that lie about the President like Wilson?

    Only in a wingnut's mind would the leaker of a covert CIA agent's identity be called a "whistleblower."

    deleted a repeat post.


    Besides, we all know that elites like Libby get sent to special prisons for the rich and famous.

    Exactly Refer to my previous post on the two tiered prison system.

    Cat got yer tongue?

    Meow... Following the bouncing thread . . .

    ~OGD~


    Who will resign first; Cheney or Gonzales?

    1- Cheney won't last 6 months.

    2- Gonzales right after.

    I guess its a moot point (buying my theory) - actually, I'd like to see a Watergate size hearing break tomorrow - so I'm right along with you.  

    But just about all the all senate and house committees have web sites with calendars and so on.  I'd keep checking them.  Hopefully we'll be surprised.

    Neoboho

    I THOUGHT you were being funny! And I agree with the way you said it. It probably would not have gone over all our heads if the list had been longer --> about 10 horrible adjectives and you had objected to fatuous. Anyway, I still think you were funny!


    Jan Knaus

    In this case the cop saw the "jogger" running with a sack of loot with the bank's name on it.

    Jan Knaus

    I'm not sure if this is a response to your topic of comparing the ethics of Clinton and Bush or an attempt to let me know that you are choosing not to address the point.

    If you are trying to imply that George Bush personally asked Domenici to call Iglesias, you are not speaking clearly. If you are trying to imply that at the end of a long investigation we will know the truth about Bush's threats against Iglesias, then how is it we are conversing in a thread about a 5 year old illegitimate scheme to discredit Bush and now that it has been proven that Bush was telling the truth and Wilson is a liar, Dems want to sweep it under the rug. The original question in the beginning could have been decided by answering if she was covert. Now the left is running like hell from the question.

    Implying that Bush is guilty until proven innocent with your link assumes that when he is proven innocent, there will be a statement saying so.

    He was innocent and Bush deserves an apology from the left.

    Now it appears you are trying to imply he is guilty until proven innocent of something new. I don't think so.

    If you read any of the links I provided you might have some background into the following.

    After flailing around trying to confirm Lani Guanier and then Kimba Woods, as a female frontman for Web Hubbel the heir apparent to the Department of Justice, and Asst. Attorney General, they settled on Janet Reno. They knew with an already active investigation into Whitewater, that Hubbel as #1 would raise eyebrows. So they rifled through a stack of what they thought were maleable women that they could use as a spokes person while Hillary's Law Partner would run the Justice Department.

    When the Religious extremists in Waco died during the attack on their compound, Clinton pushed Reno forward to take the heat. To their surprise, Clinton did avoid responsibility, but Reno developed a persona of a take charge leader in an administration where taking responsibility was rare.

    Later in her career, this independent streak would, as you noted, lead her to secretly ask for Ken Starr's expanded authority to investigate Bill Clinton's Criminal abuse of power in his many legal problems.

    One of the differences of your look at Bush and our look at Clinton is, yours is yet to be resolved and in fact is a pretty weak allegation anyway.

    Clinton's order of business as soon as he took office was get Hubbell and his gang in charge and start chopping off heads. Fire as many Republican appointee's as possible, as fast as possible, and use the mechanism of the state to spy on previous appointee's private files.


    Hubbell and Clinton got Reno on board and immediately wiped out, not 7 or 8, but all 93 US attorneys and made it effective "immediately". Embattled house Ways and Means chairman, Dan Rostenkowski, at the time about the most powerful man in Washington, won a reprieve from his impending indictment. He would owe Bill and Hillary. He did serve them well for a while. Eventually Hillary threatened Rosti over her doomed socialized Healthcare debacle and the Congressman openly bad mouthed her in public asserting his independence.

    In 1994, the charges were filed and Dan Rostenkowski was found guilt and served 15 months in Prison.

    Here is how it looked back in their corrupt days in the early 90s:


    "...Indeed, when confronted with what seems to have been White House pressure to buy time for Rostenkowski, Miss Reno didn't head for home, she fired every U.S. attorney, including the one investigating the powerful House Ways and Means chairman.

    Normally, when control of the Administration changes from one party to the other, the old U.S. attorneys are replaced gradually. Thus, when Tom Corbett, chairman of the U.S.-attorney advisory committee, asked Miss Reno about the transition timetable on Thursday, March 18, and got no answers, he assumed there would be the traditional, slow handover. He reeled when, on Monday morning,Associate Attorney General Hubbell told him the attorneys would have to resign immediately. Literally. "[They] should be able to clear out of their offices over the weekend," one White House politico told Corbett. (Miss Reno was nowhere in sight.) Corbett had to fight just to get the attorneys an extra week to clear out.

    The next day Miss Reno called for resignations. Jay Stephens, the U.S. attorney for Washington, D.C., resigned that afternoon, commenting that he had been within thirty days of a "critical decision" about Rostenkowski. (Once Stephens left, the transition lost its urgency; some Republican U.S. attorneys are still on board.) The Illinois congressman may yet be indicted for his alleged abuse of the House Bank, but Stephens's hasty dismissal surely slowed the investigation, leaving Rosty, who loses his chairmanship if indicted, in place to steer Clinton bills through the House...."

    And for what its worth, Hillary's law partner at the Rose Law Firm, Mr. Hubbell, was tried numerous times in several different venues including the supreme court and imprisoned for felonies ranging from Fraud, Tax evasion, conspiracy and more.

    That's who they picked to be their go to guy at the Department of Justice of the United States.

    Bush is a better than Clinton all the way around.

    Thank you, Jan :)

    Man you read a lot into a very brief post. What part of the word "expansion" failed to connect. I make no claims about the guilt or innocence of anybody, only that there are emerging grounds for an expanded investigation. If the trail for these very mysterious firings (whose rationalizations you have clearly bought into) lead all the way back to the White House, the buzz about impeachment could turn into a roar.

    As I said, I never voted for Clinton. I never voted for him because I didn't trust him.

    I REALLY don't trust Bush, either.

    On March 8, 2007 - 4:24pm neoboho said: I guess its a moot point (buying my theory) - actually, I'd like to see a Watergate size hearing break tomorrow - so I'm right along with you.

    What I think might happen, and what almost happened at the Asst. Attorneys General hearings the other day, is that some smoking gun type thing will come out, maybe during a hearing, maybe by a Bush insider (another Deepthroat), maybe by a convicted Libby, maybe by someone looking for revenge, but whatever it is, it will be so egregious it will set off an Iran Contra type investigation.

    deleting double post. Damn, that's the second time today!

    Impeach them both, and Bush, now.

    Tom

    "There are a number of hearings that are going on that don't get much, if any coverage."

    I hope you are right. I understand some of these things take time; but with the Republican control over most of the media, sometimes all we hear are Republican talking points and it does drive me up the wall, and I want to use some of these hearings for oversight of course but also as a way to manage the message.

    On March 7, 2007 - 7:10pm TJKING said:

    There is no possibility of failure against our enemies as long as Bush continues to confound the left's attempts to cripple our military's mission.

    I'm a leftie, I was in the military.....our mission was to beat the Nazis.........being on the left I naturally wanted to cripple our mission......so I surrendered.

    TJ, after reading that post of yours, all I have to say is; Mental health hospitals are doing wonders these days. Take thee to a physician.

    I tend to like to see what other people think, why else would I be here. You shoud try it sometime.

    TJK, Well, as I tend to be the one who outs that Kiwi Von Huber plagiarist who posts here sometimes, we could figure that it's because I've already read the very right-sided articles that s/he tends to plagiarize. Or we could decide that my true motive for outing Kiwi is based on my hopes of becoming part of a Kerry White House.

    A funny thing happened on my way to the forum today. While I had no trouble believing Larry and his claims about Plame, I knew that you would rather swallow fire than believe him. So I looked for source documents, from both parties, ones that I thought we could both agree on, to see if we really could agree that they were acceptable. OK, that's never going to happen.

    But in working on the exercise, I found so many references to Plame's NOC status, from judges, witnesses, CIA people, White House staffers and others, that I lost count after awhile. Most of them did not know till after the leak, but they were in positions to know then.

    Regardless, the end result is that I am convinced WAY BEYOND a REASONABLE DOUBT, and am satisfied that I checked every credible source, and some that are not so credible, like NRO, American Thinker and even the WSJs odious Opinion Journal.

    Here's some new news for you, though. I have changed my mind about one unrelated matter. I now believe that Bill Clinton NEVER GOT A BLOW JOB from Monica. It was all just a vast, right-wing conspiracy undertaken by those who were wanting to be a part of the Bush-Cheney White House AND OTHERS WHO COVETED HER BLUE DRESS. They forced Bill to confess by threatening to expose his adventures in Blackwater, Ca, which is a place so secret it's not on any map.

    The End. That's my story, I'm sticking to it.

    Edited to add my new motto:

    Stayusthecoursus!


    War does not determine who is right - only who is left. Bertrand Russell

    I think I must have understood it quite clearly after all. You are now implying that a disgruntled US attorney who is claiming that Domenici said one thing in a phone conversation while Domenici claims the conversation was about something else (Domenici apparently has witnesses to the conversation) may create an "expansion" into a removal from office for Bush.

    We are 10 months from the first caucuses and even sooner than that are the candidates debates and as the clock ticks down you are imagining that every time a former government employee writes an OP-ED or something about Bush that it will lead to his impeachment.

    I am not saying you are supporting Clinton. And if you don't trust Bush thats fine too. But I think for anybody (not you necessarily), in the 90s, if the bar for impeachment was so high that committing perjury and obstruction of Justice deserves censure and then back to work the next day, but today it is so unbelievably low that for almost nothing each week there is a new scheme to rally the impeachment crowd.

    Its as if people are saying We need to impeach him, but first we have to find a reason. I think someone that thinks like that (again, not necessarily you) should search their souls where that urge comes from.

    I appreciate your posts and responses. Some good links and informative ideas. Lets hope that 2008 is more of a competition of ideas and vision.

    I would but when Hillary got hysterical and cussed out Dan Rostenkowski, Hubbel had to put him in jail and then Hubbell got put in Jail and then her husband got impeached and then his succesor in the governorship got put in jail and then his whitewater business partner got put in jail, but she got pardoned later and then his aid got put in jail and, and dozens of his associates got locked up....well, the bottom line was there wasn't anybody left to setup a socialized medicine system that would provide for subsidized mental health facilities that could adequately wash brains of reason and inject idiotic liberal nonsense between the ears. You will just have to be a freelance service provider in that area.

    Isn't this your 5th farewell tour.

    On March 8, 2007 - 6:10pm BBochove said: "There are a number of hearings that are going on that don't get much, if any coverage."

    I hope you are right.

    Waxman will hold a hearing next Friday, the 16th, on the Plame leak. One of the witnesses will be........Valerie Plame.

    Great. But do you hear ANYTHING from senate select on intelligence?

    The Real Story is that Bill Clinton was preparing for a face-to-face summit with Fidel Castro, and needed to practice talking to a cigar in the middle of a beard.
    --
    Howard

    *equal opportunity offense to both extremes*

    "Those who cannot remember the past are condemned to repeat it" [George Santayana]

    BRAVO!

    I doubt that TJ will respond substantively to this (he may carry the joke about Clinton, but) he'll leave the main points of your brilliant post alone. That's what he does when he finally realized he has blown out all his steam.

    Jan Knaus

    Ouch.

    "...But in working on the exercise, I found so many references to Plame's NOC status, from judges, witnesses, CIA people, White House staffers and others, that I lost count after awhile. Most of them did not know till after the leak, but they were in positions to know then.

    Regardless, the end result is that I am convinced WAY BEYOND a REASONABLE DOUBT, and am satisfied that I checked every credible source, and some that are not so credible, like NRO, American Thinker and even the WSJs odious Opinion Journal..."

    I know the realm of the law is overflowing with technicalities, after all its the law. For instance, Libby was not convicted of perjury, but that is what everybody refers to including all the respectable sources. Fitz chose to charge him with a statute that refers to making false statements, because it is easier to convict.

    With that in mind, I think your are refering to the IIPA here. The IIPA, refers to covert status. A CIA employee can be covert, or NOC, or classified or a number of things, but the IIPA refers to covert. And we don't know if the CIA referal mentioned covert or IIPA.

    We have heard from sources that have seen it that have said it refers to unauthorized disclosure and we also know that both Fitz and Walton who refused the Defense request to bring it into the case, that both said they would not say that she was covert. In fact Judge Walton said he did not know. If it did say she was covert and the IIPA had been broken then that would be the goal of the investigation. For those that argue the fact that CIA wanted an investigation so it proves she was covert are basing it on incomplete data.

    If you think this is being to nit-picky or overly technical, then lets push for congress to let her status be made public by way of an investigation or one of their fun loving non binding resolutions. If the respectable people you have mentioned have stated an opinion about her being covert, then we all have one of those. If someone has seen proof that she is covert and is stating that they have proof and have seen proof and are divulging that proof, then unless they are Richard Armitage, or Joe Wilson, Mr. Fitz will want to indict you for an unauthorized disclosure of classified information.

    I am guessing you are referring to opinions of respectable people and not lying blowhards like Larry that claim they know she is covert, because of their alleged insider status, but when pressed hide under the mattress.

    I don't want to run you all over looking for those links, but if you have just one that can prove she is "covert" then I'd like to see it. In fact I'd like to see all the links you mentioned, but one will do.

    Someone asked Einstein how he could stand by his theory when a majority of scientists believed other wise, he rightly reminded him that facts are not proven by majority opinion. He responded that if most scientists believe I am wrong that is fine, but it only takes one scientist to PROVE my theory wrong.

    I hope that the left decides that her covert status is significant and asks that the truth come out once and for all.

    Regarding your revelation, "...was all just a vast, right-wing conspiracy..." Since Hillary already believed the affair was true, that doesn't mean you aren't right. The VRWC could have been the uncovering of what she believed to be true, which we know was a private matter, of course, between consenting adults, and maybe the VRWC was part of convincing Hillary there had been some head-bobbing and that caused Hillary to freak out, banish Monica to DoD and start her to dreaming of her own 2008 run.

    HHHMMMM! I think you are on to something here. Karl Rove was laying the groundwork for a Hillary 2008 run against Rudy the G-Man. But Rove thought she would carpet bag to Illinois from Arkansas which is where she was born, in doing so through matter anti matter mutual annhilation she would knock out of the 2008 race a young Barack Obama who fresh out of college was just starting his first job at a law firm in Chicago.

    But WAIT!!! There was a rip in the time space continuum and only Karl Rove could fix it. Hillary changed everything by carpetbagging to New York and when Rove realized she would be running against Rudy 8 years too soon, he ran to the bat cave under the oval office where the petroleum Pirates were decorating their new crib while they waited for Rove to place Geo. H.W. Bush's young son in to office in the upcoming election. They agreed something would have to be done so they came up with a prostate conspiracy to get Rudy out of the Race and thats how the 2008 race was set back on its originally planned course by Karl Rove and the VRWC and everyone lived happily ever after.

    You stick to your story. It's just as good as anyone elses. Good for you.

    Regarding your new motto, there is only one way to counter that motto, Flipflopius

    I am accusing you of plagiarizing the Miller's tale from Chaucer, but with out the remark about the smell of Fidel's breath. [good one]

    Unrelated matter: Here is current news story link regarding our discussion about Carnivore type systems.

    ~

    Before the Wilson's have there day in court, if that day hopefully does come, it looks like the first thing on Valerie's calendar will be for her to appear before the Waxman House Oversight Committee!

    See at my TPMCafe blog: Valerie Wilson to Appear Before Waxman Committee!

    ~OGD~

    aka/ Thee O anonymous one...

    C'ville Dem, thank you and BRAVO to all of us! As I have gone out of business, temporarily at least, in the facts vs. children's fiction department, I now offer the wise words of Molly Ivins for all of us who fight good fights:

    1. Think of something to make the ridiculous look ridiculous.

    2. The United States of America is still run by its citizens. The government works for us. Rank imperialism and warmongering are not American traditions or values. We do not need to dominate the world. We want and need to work with other nations. We want to find solutions other than killing people. Not in our name, not with our money, not with our children's blood.

    and Winston Churchill:

    Men occasionally stumble over the truth, but most of them pick themselves up and hurry off as if nothing ever happened.


    War does not determine who is right - only who is left. Bertrand Russell

    OK, TJK, here are some more truths for you, according to the District of Columbia Appeals Court that affirmed the reporters had to talk to Fitz.

    Pages 38-39

    As to the leaks’ harmfulness, although the record omits specifics about Plame’s work, it appears to confirm, as alleged in the public record and reported in the press, that she worked for the CIA in some unusual capacity relating to counterproliferation. Addressing deficiencies of proof regarding the Intelligence Identities Protection Act, the special counsel refers to Plame as “a person whose identity the CIA was making specific efforts to conceal and who had carried out covert work overseas within the last 5 years” — representations I trust the special counsel would not make without support. (8/27/04 Aff. at 28 n.15.) In addition, Libby said that Plame worked in the CIA’s counterproliferation division (I-53-55, 245-46), * * * * * [REDACTED] * * * * *

    Most telling of all, Harlow, the CIA spokesperson, though confirming Plame’s employment, asked Novak to withhold her name, stating that “although it is very unlikely that she will ever be on another overseas mission . . . it might be embarrassing if she goes on foreign travel on her own” (II-168-69), a statement that strongly implies Plame was covert at least at some point. While another case might require more specific evidence that a leak harmed national security, this showing suffices here, given the information’s extremely slight news value and the lack of any serious dispute regarding Plame’s employment.

    Finally, while it is true that on the current record the special counsel’s strongest charges are for perjury and false statements rather than security-related crimes, that fact does not alter the privilege analysis. Insofar as false testimony may have impaired the special counsel’s identification of culprits, perjury in this context is itself a crime with national security implications. What’s more, because the charges contemplated here relate to false denials of responsibility for Plame’s exposure, prosecuting perjury or false statements would be tantamount to punishing the leak. Thus, given the compelling showing of need and exhaustion, plus the sharply tilted balance between harm and news value, the special counsel may overcome the reporters’ qualified privilege, even if his only purpose—at least at this stage of his investigation—is to shore up perjury charges against leading suspects such as Libby * * * * * [REDACTED] * * * * *[emphasis mine]

    And from pages 33-34

    Given the evidence contradicting Libby’s testimony, the special counsel appears already to have at least circumstantial grounds for a perjury charge, if nothing else. Miller’s testimony, however, could settle the matter. If Libby mentioned Plame during the July 8 meeting—and Miller’s responses to the documentary subpoena suggest she has notes from that conversation (see 8/27/04 Aff. at 19-20)—then Libby’s version of events would be demonstrably false, since the conversation occurred before he spoke to Russert. Even if he first mentioned Plame on July 12, as he claims, inconsistencies between his recollection and Miller’s could reinforce suspicions of perjury. What’s more, if Libby mentioned Plame’s covert status in either conversation, charges under the Intelligence Identities Protection Act, 50 U.S.C. § 421, currently off the table for lack of evidence (see 8/27/04 Aff. at 28 & n.15), might become viable. Thus, because Miller may provide key corroboration or contradiction of Libby’s claims—evidence obviously available from no other source—the special counsel has made a compelling showing that the subpoenas directed at Miller are vital to an accurate assessment of Libby’s conduct. [emphasis mine]

    Hard to believe all 3 of these guys wanted to be in the Kerry White House, also, don't you think?



    War does not determine who is right - only who is left. Bertrand Russell

    Here is a link to what I posted earlier that proved to be my slam dunk. You may have missed it.

    The page numbers refer to Judge Tatel's opinion. (They start over with each opinion). The other 2 judges didn't seem as chatty, but I only skimmed. It's 83 pages total.

    I referred to IIPA and covert (NOC), because that's how Judge Tatel refers to the underlying charges, and perhaps even holds hope that the charge could find it's way back to the table. And these judges refer to perjury, also, but whatever...they are only judges.


    War does not determine who is right - only who is left. Bertrand Russell

    TJsays:

    "I hope that the left decides that her covert status is significant and asks that the truth come out once and for all."

    I say: If 10,000 angels sang out "SHE WAS COVERT", if George Tenet sad "SHE WAS COVERT" TJ wouldn't allow himself to accept it as proof, he has too much to lose.


    TJ says:

    "I don't want to run you all over looking for those links, but if you have just one that can prove she is "covert" then I'd like to see it."

    I say: Forget links TJ, quote a Government official; Bush, Cheney, Rove, Tenet, or the rest of that gang (Libby?) that said she was NOT covert. If she wasn't covert this should be easy to find. For instance, Did Cheney ever tell Russert on MTP that she was NOT covert?

    Finally, you claim she wasn't covert, so, what was her job there? What was her classification? Again, no links, quote a Government official to answer both questions.

    Isn't this your 5th farewell tour.

    Are you too dense to realize I put you on ignore for only that other thread and not for eternity? You're too entertaining and too easy a target to ignore forever.

    I'm guessing certain folks won't even accept Plame's sworn testimoy if she tells Congress she was covert.

    Great. But do you hear ANYTHING from senate select on intelligence?

    This is the Committee Pat 'Cover Up' Roberts used to Chair and is now Chaired by Rockefeller. As Chairman, Roberts
    promised 4 years ago to look into a second part of the Intel concerning Iraq, the second part, Phase ll, if and how the Bush gang manipulated the evidence for the war. The first report by this committee is usually quoted by the right wing as a "win" for Bush because it focused on Intelligence failures by the CIA. Republicans Roberts, Orrin Hatch and Saxby Chambliss were allowed to add an addendum to the report which was simply a whitewash of the whole WMD argument.

    As the Ranking Member on the Committee I always saw Rockefeller as way too shy or weak to attack the Republicans, I'm not fully confident in him and what he'll do with the Chairmanship.

    There is a question if the Office of Special Plans was considered an intelligence function, even though it appeared to present itself as such to the NSC, VP, and President.

    1- Did the Office of Special Plans generate any intelligence of its own that was independent of Intelligence generated and originated by other Intelligence Agencies?

    2- Or, did they simply take the fruit of Intelligence agencies and manipulate it to fit the Bush gang's plans?

    Sara, excellent information and analysis

    On March 8, 2007 - 5:08pm CVille Dem said:

    In this case the cop saw the "jogger" running with a sack of loot with the bank's name on it.

    Not to mention the "jogger" being covered in blue dye. :)

    Can't say I disagree, but just think...what if some of the leakers, or leak instigators, DID know Plame's status?  Let's say they considered it, and decided that upholding Bush's lies was of a higher order of national securiosity than Plame's secrecy?  

    Oh, I wrote here quite a while ago about reading that one of Brewster-Jennings missions was keeping tabs on Saudi Oil reserves (what are the real figures?)  So why not get Joe and cripple B&J in one move.  A lot of Dubya's friends have big bucks riding on the King's official figures.  (James Baker comes to mind.)

    I'll tip my tinfoil hat to that theory! 

    Neoboho

    Great. But do you hear ANYTHING from senate select on intelligence?

    Right now, Friday, March 9, 12:30 pm, I'm watching a taped hearing on C-SPAN. The hearing, held on Thursday was by the Foreign Affairs Committee; Tom Lantos, Ca, Chair.

    The hearing is on "U S Foreign Assistance."

    Lantos' opening statement directed to Ambassador Ronald Tobias, U S Agency for International Development, and the Administration, is scathing.

    This can also be found on C-SPAN's web site

    I think it is fair to say if a crime is being alleged, we should assume someone is not a covert Agent pending a full investigation. At the end of that investigation should be a conclusion that definitively decides whether that was a fact or not.

    Since the fact is knowable and there are those in the government that are in possesion of this classified information, I am not in possession of that classified material. Neither are you.

    What you refer to as my "claim" is an educated assesment based on existing information. Neither I nor you know for a fact since it is classified. Even Judge Walton, said he didn't know.

    If 10,000 angels said so, I would ask if they had access to the classified materials that can decide the matter. As you mention, Tenet might say it too, but as you predict, I would doubt that too, because since he is no longer legally authorized to divulge such classified material, I would doubt he would risk imprisonment.

    As I said, a full investigation followed by a definitive disclosure would be in the best interest of this nation. Fitz was supposed to conduct a thorough investigation and since congress has changed the Special prosecutor law, he is not required to file a report with them. They were maintaining their own responsibility to report if need be.

    Since Fitz has not definitively stated the result of the investigation, it in essence is not a thorough investigation if there are still people that believe the IIPA was breeched.

    If congress asked for the answer and the director of the CIA formally announced the declassification of her previous "covert" status including declassification of her modified pay grade that reflects "covert" status and that they would share any sensitive documents with the Senate Intelligence commitee. That would clear it up to the satisfaction of all reasonable people.

    It would not satisfy Joe Wilson and his supporters, but hey,... "Truth to Power" hurts sometimes, Joe.

    She would not be the most reliable source on the matter, Tom. Also, considering how deceitful her husband is, she can hardly be trusted.

    As long as OSP was a DoD organization, it would always have been subject to Congressional review by the Armed Services Committees, since they have authority to order in the Secretary of Defense for testimony. This has nothing to do with it being intelligence or not. Now, if Rumsfeld never told Congress about it (i.e., it never appeared in a budget), that's more difficult, but I don't see any clear-cut violation of the National Security Act if these were DoD funds.

    There is also the question whether the OSP was ever formally considered an intelligence agency, or a policy/net assessment shop that is a user rather than a producer of intelligence. The Bill Casey things involved funds being moved around between DoD and CIA, which clearly did involve intelligence agencies.

    OSP appears to have been a very bad thing for the US, but I'm still not sure where Rockefeller comes up with illegality. Part of the problem here is that we don't know if the "Big 8" were briefed about OSP, assuming it was covered by a Special Access Program (SAP). There has been a running argument, for a number of years, if compartmented NSA programs are SAPs under Defense Department regulations, or Sensitive Compartmented Information (SCI) under the final authority of the Director of Central [National] Intelligence. The rules leaked on SAPs a couple of years ago, and oversight falls into three categories:

  • Acknowledged: open line item in the budget but no detail. Details go to full Armed Services committee or subcommittee.

  • Unacknowledged: "black budget", appropriations hidden under other things, no public announcement. Still briefed to Armed Services.

  • Waived: black budget, no announcement, no briefing to committee or subcommittee. Briefed to Speaker, House Minority Leader, Senate Majority and Minority Leaders, Chair and Ranking Minority members of Armed Services and/or Intelligence Committees -- verbal only, no staff present.


  • NSA was formed by classified Executive Order under Truman, as was NRO under Eisenhower. DIA was openly created under Kennedy. The declassified documents available do not indicate when there even was a Waived briefing.

    Could you be thinking of the National Security Act section that forbids CIA from having any domestic authority? That fits the idea of not creating intelligence agencies without oversight.
    --
    Howard

    *equal opportunity offense to both extremes*

    "Those who cannot remember the past are condemned to repeat it" [George Santayana]

    John, I gave TJ the link where all 3 judges on the appeals court affirmed the lower court's decision to compel Miller and Cooper to testify. Judge Tatel, of the appeals court, said at various times through his opinion when speaking of the classified information (vs the public info he had already covered), and these are just snippets: From pages 38-39

    Addressing deficiencies of proof regarding the Intelligence Identities Protection Act, the special counsel refers to Plame as “a person whose identity the CIA was making specific efforts to conceal and who had carried out covert work overseas within the last 5 years” — representations I trust the special counsel would not make without support. (8/27/04 Aff. at 28 n.15.) In addition, Libby said that Plame worked in the CIA’s counterproliferation division (I-53-55, 245-46), * * * * * [REDACTED] * * * * *
    Most telling of all, Harlow, the CIA spokesperson,...[made]...a statement that strongly implies Plame was covert at least at some point. While another case might require more specific evidence that a leak harmed national security, this showing suffices here, given the information’s extremely slight news value and the lack of any serious dispute regarding Plame’s employment.
    Insofar as false testimony may have impaired the special counsel’s identification of culprits, perjury in this context is itself a crime with national security implications. What’s more, because the charges contemplated here relate to false denials of responsibility for Plame’s exposure, prosecuting perjury or false statements would be tantamount to punishing the leak.

    Page 34:

    What’s more, if Libby mentioned Plame’s covert status in either conversation, charges under the Intelligence Identities Protection Act, 50 U.S.C. § 421, currently off the table for lack of evidence (see 8/27/04 Aff. at 28 & n.15), might become viable.

    The page numbers refer to Judge Tatel's opinion. (They start over with each opinion).

    Is a judge not a believable official, anymore? Or 3 judges really? The Judge said she was undercover, out of the country and covert. He also said her employment status was NOT SERIOUSLY DISPUTED by anyone. (And when he talks about Plame's status as extremely slight in news value, he is referring to his reasons for forcing the reporters to testify. Part of his opinion is based on the fact that outing Plame and the news value that it gave the OVP was slight compared to the national security risk that her outing may have brought.)

    What do you think? Or anyone?


    War does not determine who is right - only who is left. Bertrand Russell

    "...On March 9, 2007 - 3:56am seashell said:

    Here is a link to what I posted earlier that proved to be my slam dunk. You may have missed it..."

    You are referring to a response to Fitz that he submitted as a sealed affidavit (still secret), in which the Judge is stating that he does not know, but wonders aloud, ...why would Fitz lie?. So, it is based solely on what Fitz knows. Why doesn't Fitz divulge the contents of the sealed affidavit that put Miller in Jail. It is obvious from the Judges document, that some of his assumptions have now been proven wrong. Even now Fitz still has not stated she was covert.

    Even yesterday the Washington post refers to Fitz this week describing her status as classified, not covert.

    Here is Dan Froomkin, also apparently a big fan of the anti-libby FDL, at the Washington Post:

    "...Ann Arbor, Mich.: Dan, you are the best thing about The Washington Post in my opinion. Can you comment on the role of bloggers in this trial? Were you very impressed with firedoglake and their coverage? (Yes, shameless plug.)

    Dan Froomkin: Thanks. I think what firedoglake.com did with this trial was not just impressive, it was transformative. By offering the public live-blogging of this very important trial, you not only put the MSM to shame, but actually became a must-read for journalists who couldn't attend the trial, but wanted to get a better and faster sense of what was going on than they could from their own colleagues.

    I'm not saying that the MSM should emulate everything bloggers do -- far from it -- but the blogosphere's enthusiasm for this story was something to behold, and admire.

    Blacksburg, Va.: How can the question of Valerie Plame Wilson's status at the CIA (covert or not) finally be cleared up?

    Dan Froomkin: Wouldn't that be nice? Fitzgerald tried to clear it up yesterday, stating quite definitively that her status was classified. Which means that while she technically may not have been covert by the standards of the IIPA, her identity as an operative was secret, and should not have been disclosed.
    Given the continued debate over what is a fact, it would be nice if it were revisited journalistically and definitively. ...."

    If the judge was assuming from the sealed affidavit that Fitz was claiming she was covered by the IIPA, according to his remarks yesterday, your reference to the Judge's conviction was a leap of faith by the judge not a statement of fact.

    The second part that you put in bold, again, "...a statement that strongly implies Plame was covert at least at some point....", expresses that he thinks Fitz "implies", based on his sealed affidavit, but does not state definitively, nor does it refer to where Fitz might have derived this information from.

    The Judge in his background in your document states that Wilson had conveyed in his statements that Saddam has not sought Yellowcake and the Judge presents this undisputed which leaves the impression that he believes that any news value for Miller or the others is minimal because the Judge believes it to be true. After 3 years, we know from Senate investigations and from Wilson himself that Iraq had sought Yellowcake. This would have made Wilson's false attack on the president substantially newsworthy although maybe not to the level of keeping her out of court. If the Judge is weighing news value versus potential harm, he is wrong on the news value and his potential for "harm" is based on Fitz's character.

    "...Thus, given the compelling showing of need and exhaustion, plus the sharply tilted balance between harm and news value, the special counsel may overcome the reporters’ qualified privilege, even if his only purpose—at least at this stage of his investigation—is to shore up perjury charges against leading suspects such as Libby..."

    He is saying covert or not, perjury (by Libby or whoever she is protecting) is a crime, so Miller goes to Jail.

    The next part you highlight again, says "might". Again based on the sealed affidavit and Fitz's trustworthiness.

    "...What’s more, if Libby mentioned Plame’s covert status in either conversation, charges under the Intelligence Identities Protection Act, 50 U.S.C. § 421, currently off the table for lack of evidence (see 8/27/04 Aff. at 28 & n.15), might become viable..."


    Hoping and wishing and praying and waiting,..da, da, da!

    Sorry no luck, Judge.

    All of this from the Judge is saying Fitz wouldn't be saying this if he didn't intend to prove it: to prove the disclosure was unauthorized and illegal, and in this case a "what if" about Miller showing that Libby was the person that told her (on July 8) for the first time about Plame. We know now from the trial, Miller bombed out for Fitz and after bringing the trial to a halt for a day and a half, finally admitted that she would not testify that Libby was the one that first told her about Plame. So the above quote about "might" (based on a promise to deliver Miller by Fitz) turned out to be a "might not". Actually, with regard to viability of IIPA, a "definite not".

    Some exculpatory assumptions could easily be made here as well. The Judge says:

    "...If Libby mentioned Plame during the July 8 meeting—and Miller’s responses to the documentary subpoena suggest she has notes from that conversation (see 8/27/04 Aff. at 19-20)—then Libby’s version of events would be demonstrably false, since the conversation occurred before he spoke to Russert...."

    Furthermore, Plames identity had already hit the wires before he talked to Russert.

    Shouldn't it be assumed by this statement that without Miller we revert back to Russert, and the perjury charge is weakened and furthermore the credibility of Russert then is weighed against Libby. As I noted before. If Fitz had used the statute for "perjury, instead of "false statements" he would have needed a corroborating piece of evidence to convict. In this case it was one mans word against another on 3 of the counts with no corroborating evidence. The Jury led by Russert's neighbor and acquaintance, Dennis Collins, formerly of the Washington Post and a Spy author, did not believe Libby and chose to side with Russert ( a spy book about an acquittal is pretty boring, I think we all agree, and worth very little money). It should be noted that midway through the trial Judge Walton changed the rules and refused to allow some evidence he had previously agreed to allow. If he would have allowed evidence that demonstrated how Russert had gamed the system and lied to the court, there is no doubt it would have been more difficult to convince the Jurors of the trustworthiness of Russert or even Fitz himself.

    Regardless, what you have modestly referred to above as your "slam dunk" (apparently a term that should be avoided in intelligence matters), is judges giving leeway to a prosecutor based on his trustworthiness and the assumptions that he will "logically" follow through with a vigorous pursuit of the question of whether there was a violation of law regarding the disclosure.

    Everyone expected that. It was a logical assumption. Illogically, Fitz did not. He did not pursue it vigorously because he already knew the answer. Armitage was the source. The Judges could not have imagined that Fitz would not at least make an effort, and if he did make an effort, at least that he would resolve the matter and definitively settle the matter publicly. He did not.

    That leaves us with the very simple solution. Why can't they clear this up once and for all.

    Apparently, Henry Waxman has announced a show trial in congress next week and apparently Plame has agreed to appear. I don't think anyone here believes she will enlighten us on whether she was covered by IIPA. Fitz was invited also. I don't think anyone here believes Fitz will either and in fact Fitz probably wants to hide from this type of so called fact finding committee. Lets see if it is the democrats or if it is the Republicans that ask if she was covert.

    The solution to this issue is have congress request that the Director of the CIA come out and declassify the information on whether she was covert or not. If someone wants to hide behind the idea that some of it can't be declassified, share those parts with the Senate Intelligence committee. But if she was covert, the record will reflect that as well as well as her past modifications in pay grade that record that she is "covert".

    Don't we want the issue of whether the IIPA was broken settled. Don't we want to know the truth.

    If Fitz yesterday said she was classified. That is not covert. I mentioned up in the thread, that you had mentioned NOC and covert as the same thing and I said it was not. You explained that the judge referred to it that way but I did not see that. If he did, then he is unaware of the law on this matter. In the above parent post you again equate NOC to covert which it is not. If you don't think so, then lets agree to disagree, but I continue to assert the terms classified, covert and NOC are each different.

    I have said this is a fishing expedition and I will be interested to hear Waxman explain why he is holding hearings. It is obvious, Fitzmas came and went and he doesn't like the gifts he received. I also said that a guilty verdict would undoubtedly be more entertaining and so it goes, the charade continues.

    In your post where you refer to your job of "Facts versus Children's fantasy", I don't think your "slam dunk" is facts proving her covert status and if you believe it is a children's fantasy for me to want to have a witch hunt prove what it was authorized to prove, like a breech of law referred to in the CIA referral, then I guess I set the bar a bit higher regarding the responsibility of the government to prove its case. I like your posts and the links are informative and interesting.

    Facts are necessary here. These facts are knowable. The public has a right to know. The truth should come out now.

    Your tinfoil hat is magnetic, neoboho. After yesterday's cruises through endless documents, my definitive theory of 2 days ago(?) had already changed to my new definitive theory that matches the one you just proposed. Except mine wasn't based on Saudi oil, but on Cheney's apparently known bent for doing such moves and on a couple of tantalizing hints dropped by Fitz here and there in documents. But it is not a stretch to believe that Saudi oil would trump national security in the OVP, so that fits well, too.

    Since I crumpled so easily toward your theory over my definitive one, it would be very nice to be excused from having to eat my tinfoil hat as an amends for not just crumpling from the start. Makes me shiver to think about it. Agreed? :-)



    War does not determine who is right - only who is left. Bertrand Russell

    Is the cool aid tasty? Do you see pretty colors? Does it bring on a sense of euphoria?

    How can you be so out of touch with reality?

    The defense tried to bring formal information on Plame's status as discoverable information in the trial, obviously a move to see if she really was covered under IIPA - if she wasn't there was "no underlying crime". Fitzgerald replied that her status had nothing to do with whether Libby committed purgery and didn't want to release the information. Judge Walton agreed with Fitzgerald.

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