Will Scooter Libby Graymail the CIA? - David Corn

[WillyT]

Will Scooter Libby, a neocon who helped orchestrate the war in Iraq, end up graymailing the U.S. government?

<snip>

That seems to be one of the strategies being considered by the lawyers defending Dick Cheney's former chief of staff, who was indicted by special counsel Patrick Fitzgerald in the CIA leak case for lying to FBI investigators and grand jurors to cover up his (and possibly Cheney's) participation in the outing of CIA officer Valerie Wilson (nee Plame).

Graymail is a defense gambit not available to most criminal suspects. But years ago defense attorneys representing clients connected to the national security establishment--say, a former CIA employee gone bad--figured out a way to squeeze the government in order to win the case: claim you need access to loads of classified information in order to mount a defense--more than might truly be necessary. Of course, the government is going to put up a fight. It may release some information--but not everything a thorough defense attorney will say is needed. The goal is to get the government to say no to the informant. Then the defense attorney can attempt to convince the judge that without access to this material he or she cannot put up an adequate defense. If the lawyer succeeds, it's case dismissed. In such situations, the defendant is essentially saying, prosecute me and I'll blow whatever government secrets I can. Isn't that the act of a patriot?

Judges tend to dislike graymailers and shoot them down whenever possible. Still, Libby seems close to making this sort of push. Last week, his attorneys asked for access to ten months' worth of the President's Daily Brief, the highly classified report the president receives each morning from the CIA. (The Bush White House is ferociously possessive about PDBs and has refused to hand them over to congressional investigations.) Libby's lawyers say that Libby "was immersed throughout the relevant period in urgent and sensitive matters, some literally matters of life and death" and that because of his involvement in "the constant rush of more pressing matters, any errors he made in his FBI interviews or grand jury testimony" were unintentional slips. Libby, a lawyer himself, has to realize that (a) Fitzgerald does not have it within his power to provide the requested PDBs and (b) the overly secretive, presidential-prerogative-is-us White House in which Libby served will never cough up nearly a year of PDBs. But in a display of chutzpah, Libby's attorneys said that Fitzgerald should obtain copies of the PDB from the CIA and Cheney's office and then turn them over to Libby's lawyers.

Libby's defense team also requested information proving that Valerie Wilson was a classified CIA employee (asserting that the classified nature of her employment at the CIA has not yet been established), and they demanded any CIA damage assessment of the Plame leak. A damage assessment is not the sort of material the agency would supply without a titanic fight. A damage assessment would presumably cover operations and activities the CIA does not want damaged any further by additional disclosure.

<snip>

And this kicker...

<snip>

Libby is certainly not doing all he can to help Fitzgerald get to the bottom of the leak case, as Bush once ordered all White House aides to do so. In fact, Libby is fighting back, as is his right, as hard as he can, and his friends are supportive--and perhaps grateful. After all, Libby is not rolling over on Cheney, Rove or anyone else. No wonder he was a welcomed guest at Cheney's Christmas party in December.

<snip>

More: http://www.thenation.com/blogs/capitalgames?bid=3&pid=57174

Who else is Gray or Black-Mailing the U.S. Government?

We got the above mentioned Scooter crappola, and Abramoff holding his own photos taken with political VIP's (Northern Mariana Islands anyone?), lord knows what's on Rove's hard drive...

:shrug::mad::shrug:

[leveymg]

1. That strategy has already backfired on BushCo - seriously

See my article today, then consider this exchange at DKos where it's on Most Recommended:

http://www.dailykos.com/story/2006/2/6/12248/27290

Did you read (none / 0)

the article a couple of months ago about the new member of the defense team? Here is one version. This happened around Thanksgiving, I'd love your take on it. Libby hires expert in criminal law on national secrets

Anyway the new lawyer, John Cline is a CA lawyer and an expert in security cases, he was Wen Ho Lee's and Oliver North's attorney. The gist of the article is that, based on this attorney's prior court appearances, the strategy is to request everything. Cast a wide net asking for any classified materials they reasonably can. Then they create a roadblock to mounting a reasonable defense when the government denies the defense certain documents. Thus denying Libby his right to a fair trial or whatever you lawyers would say.

This seems to fit in with the "I was so busy" defense. That line of reasoning begs the question "well how busy were you?" Right? Then the lawyers can argue, "we can't really show you, the jury, how busy Mr Libby was becasue the gov't won't let us." What's your take on this?

Great diary, thanks again. I always love the diaries where trained professionals chime in on the legal cottage industry that BushCo and the others are launching. People like me have no expertise and we need you guys to post views and diaries to help clarify this stuff.


by mbair on Mon Feb 06, 2006 at 01:31:58 PM PDT
< Parent | Reply to This | none1: Unproductive2: Marginal3: Good4: Excellent >


The problem with discovery is that the fruits are (4.00 / 2)

available to both sides. One can see how this has opened the door to Fitz, who previously was so respectful of presidential privilege that, as he points out in his response, he didn't subpoena the PDBs.

Fitz has a dry sense of humor.

Looks like Mr. Cline has done some heavy lifting for the prosecution. BTW, I don't believe that the courts of appeal often overturn on the issue of overly-restrictive discovery in national security cases. That didn't help Mr. North or Mr. Lee, anyway. Good thing for Ollie that he was granted immunity by Congress. Gawd, let's hope that Libby doesn't get called to testify by Specter before his trial ends.



by leveymg on Mon Feb 06, 2006 at 02:20:04 PM PDT
< Parent | Reply to This >

[Old and In the Way]

3. Maybe it's not a bad idea..............

Give everything Libby asks for, as long as it's made public. Might be real interesting. Hope he demands the notes to Cheney's Energy Task Force/War Planning sessions, too.

[WillyT]

4. Great Work Mark, Thanks For The Heads-Up !!!

It's gonna be an interesting show in any case.

:hi:

[boobooday]

2. This is just twisted

Let me see if I follow . . .

A member (or more likely, memberS) of the most secretive administration in history LEAK(s) classified information.

Then the leaker defends himself by inundating this secretive administration with demands for information, which they deny.

Ass-backwards and upside-down? Check. Now isn't a dictatorship a heckuva lot easier?