NYT/AP: Fitzgerald Targets Cheney in Libby Tapes

[DeepModem Mom]

Fitzgerald Targets Cheney in Libby Tapes
By THE ASSOCIATED PRESS
Published: February 5, 2007

WASHINGTON (AP) -- Special Prosecutor Patrick Fitzgerald, in tapes played Monday in the CIA leak trial, pressed Vice President Dick Cheney's former chief of staff on whether Cheney had directed him to leak the identity of a CIA operative to reporters.

The audiotapes showed that Fitzgerald, just two months into his leak investigation, was asking pointed questions about the highest levels of government.

The first 90 minutes of audiotapes, recorded during the 2003 grand jury testimony of top Cheney aide I. Lewis ''Scooter'' Libby, were played for jurors in Libby's perjury and obstruction trial. More than six hours of additional tapes were to be played Tuesday.

Fitzgerald began his questioning by determining what he already knew to be true -- that Libby was not the source of syndicated columnist Robert Novak's story revealing that the wife of an outspoken Bush administration critic worked for the CIA.

Almost immediately after that, however, Fitzgerald steered the discussion toward Cheney and how his office responded to the growing criticism from former Ambassador Joseph Wilson, who claimed to have led a fact-finding mission that refuted some prewar intelligence on Iraq....

http://www.nytimes.com/aponline/us/AP-CIA-Leak-Trial.html

[Duer 157099]

1. I'll post my question in this thread too

Eventually I'll know the answer.

Didn't Bush declassify the Plame info, and give Cheney authority to do the same? Why doesn't that just end the whole issue? (except for the Libby perjury, which is another issue)

[Xipe Totec]

3. What happened first?

The leak, or the declassification?

If the leak happened while the information was still classified, it is still a crime, even if the information is later declassified.

[Duer 157099]

5. And therein lies the rub

From what I recall, the Bush/Cheney interpretation of "declassifying" info is that when they deem it necessary, so it becomes declassified -- and time is just an abstract concept, having no bearing whatsoever -- so that they presumably even have the power to retroactively declassify.

I think this is their ultimate CYA. And I haven't yet heard any good explanation for why it might not be so.

[cui bono]

9. Just like they retroactively pass laws to make them innocent.

:grr:

[Beetwasher]

17. What Makes You Think It's Relevant To The Libby Case Anyway?

Libby is charged w/ perjury. Didn't you know that?

Oh, and you're wrong. The VP does not have the power to just out CIA agents on a whim for political revenge, regardless of what he THINKS he can do, and regardless of any executive orders. Period. But that is not in any way, shape or form relevant to this case. Libby lied to federal investigators. That's a crime. Period. And therein lies the rub. :eyes:

[bullimiami]

15. the notion that bush can say 'i declassified it' with no paperwork and no notice

to anyone is preposterous.
there are rules and procedures which were not used and the 'declassification' story came later as an attempt to cover the crime.

they are all traitors. it is the biggest nest of rats this country has ever faced.

[Kelvin Mace]

28. Still doesn't make a difference

Libby is charged with perjury. Even if the outing was found to be perfectly legal, Libby still lied under oath.

[tavalon]

19. Why would Plame's identity be declassified ?

That makes no sense to me.

[MUAD_DIB]

26. Right. Why would you declassify a covert agent in the field?

[Kagemusha]

4. It'd be funny if this is obstruction of justice for political cover

for protecting the propaganda version of the intelligence behind the march to war, considered so important that it necessitated lying to a grand jury repeatedly and so on and so forth, even though no one would ever go to jail for the original act of leaking.

...Or maybe they're not really sure of their defense here and Libby wanted to make sure that neither political nor legal consequences would go past him to Cheney.

[Igel]

7. Here's my take on it.

* signed an executive order--a revision of one Clinton signed--that affirmed the way to classify/declassify information. The revision was to extend the authority to the VP.

This being the case, I don't think * had to declassify anything. Cheney could.

Moreover, there seems to be an assumption that since * issued an EO concerning the classification/declassification procedure to be employed by his underlings, the EO is binding on him--i.e., he'd have to fill out some kind of paperwork or write something to declassify, instead of just deciding it was declassified. This seems like an odd argument--it's possible, but I think it's asserting that what a president writes is more binding on himself than what he says, sort of a presidential version of "can God make a rock so big even he can't move it?" I don't know how that would play before SCOTUS. I suspect it would play poorly.

Then again, I'm not a lawyer.

We all assume that the "whole issue" isn't ended. We don't know that it isn't. We simply don't know, and have no right to know. Regardless, Libby's up for charges not directly related to the leak; he's up for lying and obstructing things.

[KansDem]

27. "The revision was to extend the authority to the VP."

Makes sense. In this regard, Cheney would indeed retain his present role as "President" while Bush remains a figurehead. We all suspected this was the arrangement anyway, even perhaps going back to Campaign2000 when Cheney was given the task of finding a suitable veep for the then newly-declared candidate Bush Jr. As you may recall, Cheney ended up selecting himself and the rest is "history."

But certainly giving Cheney the power to declassify would be within their modus operandi as it would continue to keep Bush Jr. out of the decision-making process. And we mustn't forget that it was Cheney who accompanied boy George into the hearings of the 9/11 commission, to help him answer questions.

Bush comes off looking sooooo childish in all of this...

[Spazito]

8. It depends on whether by "Plame info" you are including or

excluding the outing of a covert CIA agent. There was the declassifying of the NIE which didn't include the declassification of the Valerie Plame's covert cover.

Given the vociferous and repeated assertion, by the media shills of the bush admin, that Valerie Plame was NOT covert, one can assume they are not claiming her cover was part of the declassification and the investigation was initiated by a request by the CIA because of the outing of her cover and, indeed, the whole network that was being run through Brewster-Jennings, the "company" through which Valerie Plame worked.

[bleever]

10. Valerie Plame's undercover status

could not be declassified by the VP. The president and VP arguably have the authority to declassify the NIE, but that's a separate issue.

[Tin Man]

13. Evidently, the answer is no.

...otherwise there would have been no need for an investigation.

[bunny planet]

21. I think I read somewhere that the identity of an undercover NOC is one piece

of information that cannot be declassified, even by the President, because someone's life can be put in danger. I could be wrong, but it makes sense.
Anybody?

[illinoisprogressive]

2. I knew it and that is why he is prosecuting Libby - to force Cheney

[caligirl]

6. Does anyone believe Fitz would be targeting cheney if he couldn't get him?

[cui bono]

11. Nope. I think he'll get him. It may take time, but he doesn't mind.

Took him 6 years and many convictions of underlings along the way but he got the Gov. of Illinois.

[iconoclastic cat]

12. The uber-powerful Republican Gov. Ryan of IL, that is. nt

[Rosa Luxemburg]

14. Fitz is clever

the only problem might be that judge although he hasn't too bad so far?

[Beetwasher]

18. Today's Decision To Allow The GJ Tapes Tells Me The Judge Is Totally On The Level

Thankfully.

[antiimperialist]

23. He's more conservative than not, but...

The judge, that is. However, he seems to have pleased and disappointed both parties alike so far in his decisions.

[bullimiami]

16. i think fitz is trying to uncover the truth. peeling back the layers of lies is first.

[kitty1]

20. Let the Plame Games begin!...n/t

[daleo]

22. It looks like Cheney might be out before 2008

You wonder if he isn't heading down the same path as Agnew.

[Rosa Luxemburg]

24. Yes, I think Bush hopes so too?

[MGKrebs]

25. Fitz is trying to find out if Cheney shot himself in the foot

somewhere along the way.

bada boom.

[Stevendsmith]

30. Cheney shoots faces -- not feet. (n/t)

[goforit]

29. Well it certainly looks like a conspiracy by intent and premeditated treason.

[Rosa Luxemburg]

31. Looks like it but having to prove it is the prob.

Will Cheney and Bush take the stand?