Scooter Libby was thrown under the bus. No, Scooter Libby gave the bus driver false directions.
On Thursday, the prosecution and the defense in the trial of I. Lewis “Scooter” Libby spent much of the day clashing over evidentiary matters, but, as they battled, each side laid out its core theory.
The initial dispute concerned special counsel Patrick Fitzgerald’s effort to enter into evidence video clips of White House press briefings held in October 2003 shortly after the news broke that the Justice Department, at the CIA’s request, was launching a criminal investigation of the leak that outed Valerie Wilson, the wife of former Ambassador Joseph Wilson, as a CIA officer.
Here’s the background: in mid-September 2003, White House press secretary Scott McClellan responded to a remark made by Joe Wilson, in which the former diplomat said he looked forward to the day when Karl Rove would be “frog-marched” out of the White House for having been involved in the CIA leak. It was “totally ridiculous,” McClellan said, to suggest that Rove was a party to this leak. (Reality break: as was revealed years later, Rove had slipped information on Valerie Wilson’s CIA connection to rightwing columnist Robert Novak and Time‘s Matt Cooper.) After the criminal investigation became public in late September 2003, McClellan again told reporters Rove had nothing to do with the leak. But when he was asked about Scooter Libby, Vice President Dick Cheney’s chief of staff, McClellan declined to offer a similar denial.
Libby freaked out. According to Ted Wells, one of Libby’s attorneys, Libby went to McClellan and White House chief of staff Andrew Card asking for the same treatment that Rove got. They “blew him off,” Wells exclaimed in court. Then Libby went to his boss, with talking points he wanted McClellan to recite:
I’ve talked to Libby. I said it was ridiculous about Karl and it is ridiculous about Libby. Libby was not the source of the Novak story. And he did not leak classified information.
Cheney took the paper on which Libby had written these lines and added his own note:
Has to happen today. Call out to key press saying same thing about Scooter as Karl. Not going to protect one staffer + sacrifice the guy that we asked to stick his neck in the meat grinder because of the incompetence of others.
Lo and behold, during press briefings on October 7 and 10, McClellan declared that Libby, like Rove, was “not involved” in the CIA leak. A reporter asked if either had “told any reporter that Valerie Plame worked for the CIA.” McClellan replied, “they assured me that they were not involved in this.” He also said that any White House official who had leaked classified information would be booted out of the administration.
Fitzgerald wanted to play the video clips of these and another White House press briefing for the jury. Libby’s legal team objected–vociferously.