Cover-up or scapegoating.
Nine conversations or two.
Scooter Libby the liar, or Karl Rove the liar.
A cloud unfairly placed over Dick Cheney, or Libby and Cheney placing a cloud over the White House.
As the prosecution and the defense teams in the perjury trial of I. Lewis “Scooter” Libby presented closing arguments on Tuesday, each side tried to encapsulate its case–and portrayed distinctly opposing views of reality.
“This case was about lying,” prosecutor Peter Zeidenberg said at the start of the government’s summation. He maintained that during the CIA leak investigation Libby, the former chief of staff for Vice President Cheney, lied to the FBI and grand jury about how he had learned that Valerie Wilson was a CIA employee, whom he had talked to about her, and what he had told others about former Ambassador Joseph Wilson’s wife. Referring to the opening argument of lead defense attorney Ted Wells, Zeidenberg pointed out that Team Libby had contended their client was an innocent man who had been turned into a sacrificial lamb by a White House desperate to protect Karl Rove, the administration’s uber-strategist. But, he continued, Libby’s lawyers introduced no evidence to support that flashy charge. “Unfulfilled promises from counsel,” he added, “do not constitute evidence.”
Zeidenberg asked the jurors to recall that nine witnesses had each said they had spoken to Libby about Wilson’s wife and her CIA connection In June and July 2003. They contradicted the tale that Libby had told the FBI and the grand jury. In his FBI interviews and grand jury appearances, Libby had conceded that around June 11, 2003, Cheney told him that Wilson’s wife worked at the CIA’s Counterproliferation Division (which is part of clandestine operations directorate). But he claimed that he had been struck by total amnesia regarding this critical fact in the following weeks and learned about Valerie Wilson’s CIA employment “anew” on July 11–three days before the leak appeared in a Robert Novak column–when NBC News’ Tim Russert told him that “all the reporters” knew Wilson’s wife was CIA. In Libby’s account, when he had talked to reporters about Wilson’s wife prior to the leak he had merely been passing along gossip (not official and classified information) he had picked up from Russert. (Russert testified he had said no such thing to Libby.)
This was nothing but a cover story, Zeidenberg charged: when Libby was questioned by the FBI in October 2003, he had reason to fear being caught up in the criminal investigation and to worry about losing his job. The prosecutor reviewed for the jurors the conversations Libby had during the relevant time period. Undersecretary of State Marc Grossman, senior CIA officer Robert Grenier, CIA briefer Craig Schmall, Cheney press spokesperson Cathie Martin–each testified he or she had talked to Libby about Wilson’s wife in mid-June, within days of when Cheney had told Libby about Wilson’s wife. Zeidenberg reminded the jurors that former White House press secretary Ari Fleischer testified Libby told him about Wilson’s wife on July 7, 2003, and that Matt Cooper, formerly of Time, and Judith Miller, formerly of The New York Times, testified that Libby had spoken to them about Wilson’s wife and her CIA employment prior to the leak.