The Nation

Fox Attacks

Guerrilla documentarian Robert Greenwald and his Brave New Films team have been in the forefront of pioneering innovative ways to fund, produce and distribute progressive and timely films and videos. Their recent web video, The Real McCain, rapidly made its way around the internet and was featured on 360 blogs who linked to it.

Now, Brave New Films is turning its attention to Fox News' regular distortions and dissembling on behalf of right-wing candidates and causes. Fox's recent crusade against Barack Obama has been relentless and dirty as a new short video by Brave New Films demonstrates.

Fox Attacks: Obama is the first of a series of short videos designed to challenge Fox News. Please watch it, then send it around to others. And if you're sufficiently outraged, use some of the tools at FoxAttacks.com to take action against Fox's mendacity.

You can start by signing a petition asking the Democratic Party of Nevada not to partner with Fox on the first Democratic debate this coming August, as it has announced it is planning to do.

The next step being urged by BNF is to watch Fox, identify local businesses that are advertising on the Fox News Channel and enter their contact information into a database so that activists can pressure these advertisers to stop supporting Fox. Once these companies are identified, we can (politely) urge them to stop advertising on Fox until and unless the network stops acting as a mouthpiece for the Republican Party. Click here for details.

If Bush Were Prodi

Italian Prime Minister resigned yesterday after his center-left coalition government lost a crucial foreign policy vote in the Senate.

Maybe George W. Bush should do the same. After all, the House of Representatives is now on record opposing his plan to escalate the war in Iraq, as is a majority of the US Senate. In Italy, that would certainly be grounds for dismissal. If Bush were Prodi, he'd be resigning every day. I nominate Chuck Hagel as his replacement.

Prodi came only two votes short of passing a measure that would keep Italian troops in Afghanistan and allow the US to expand a military base in northern Italy. The vote offers further confirmation of just how unpopular US foreign policy has become. Iraq is not the only place where the coalition of the willing has chosen to cut and run.

The Sunshine Caucus

The Democratic Party's sweep in November was due in no small part to its promise to clean up Washington. For those turned off by the K Street "politics as usual" deforming our democracy check out a new initiative by the Sunlight Foundation – a nonpartisan organization dedicated to using technology to achieve greater openness between members of Congress and their constituents. Urging all Representatives to post their daily schedules online is a good step towards some much-needed transparency.

So far only two freshmen, Representative Kirsten Gillibrand and Senator Jon Tester, are heeding the call. Every day Tester reveals each lobbyist, constituent, and colleague he meets with--as well as the duration of the meeting. Gillibrand identifies meeting participants. (In order to address safety concerns schedules are posted the next day. Also, items pertaining to national security are omitted.)

"I believe in transparent government and this is my effort," Tester told the Washington Post.

"This is about ethics reform, letting people know who's bending your ear," said Gillibrand.

Ellen Miller, Executive Director of the Sunlight Foundation, agrees. "This isn't ‘gotcha' politics. But a positive way to respond to public cynicism about Congress. This openness will breed more trust between members and their constituents."

But for all of the conversation about greater transparency, Miller says that resistance to the initiative by most members of Congress is "rather surprising." The most common concern expressed is that opponents will use information as ammunition in the next cycle. For example, if a Congressman met with a timber industry lobbyist on an issue, it could be taken out of context even if there were three meetings with the Sierra Club on the same issue. (Miller notes that representatives should want the public to know that they are meeting with people on all sides of any given issue). That probably explains why one Democrat close to Gillibrand told the New York Times, "There are a lot of people who think she's crazy to do [this]. But she really believes in it."

The Sunlight Foundation is also working on "three modest proposals" which complement this reform effort, including: ensuring that all currently required public reports are made available online; putting an end to secret legislation by requiring that all earmarks, amendments, and bills are identified with the proposing member's name; and meaningful lobbyist disclosure such as financial contributions, legislation discussions, and relationships with members or staff members. Meanwhile, the Foundation is laying the groundwork for a major push in the next few months for constituents to call on their members to join Gillibrand and Tester in posting their schedules online.

Gillibrand is certainly ready to welcome her colleagues.

According to the Post she wants "to create a special caucus of like-minded members" she calls "the Sunshine Caucus." Together, they can work towards a Sunlight Government defined by real transparency and ethics reform.

Cheney: Thanks for Cutting and Running

Vice President Dick Cheney, keeping as far from federal prosecutors as possible these days, arrived in Japan Wednesday to officially thank that country for supporting the Bush-Cheney administration's invasion and occupation of Iraq.

What made the trip absurd was that Cheney was campaigning for a war that he wanted, plotted and defended with a disregard not just for the laws of the land but for reality. And what made it ludicrous was that he was thanking an ally that is not exactly in the alliance.

Japan was a part of the original "coalition of the willing" -- more precisely referred to as the "coalition of the coerced" – that signed on for the quagmire run.

But Japan pulled its troops out of Iraq last year.

The Japanese still provide a minimal number of airlifts in support of U.S. operations in the Middle East, but even that mission is set to end in July.

So Cheney was thanking a country that is essentially, and quite happily, out of the coalition.

If the Japan Appreciation Day mission was bizarre, the vice president's speech in a hangar bay at the Yokosuka Naval Base near Tokyo was downright delusional. "The American people will not support a policy of retreat," Cheney chirped. "We want to complete the mission, we want to get it done right, and then we want to come home, with honor."

Exactly who are these "American people" the vice president is communing with?

Not the overwhelming majority of Americans who tell pollsters they want the U.S. to exit Iraq.

Not the clear majority of Americans who voted last November for a Democratic Congress charged with the task of bringing the troops home.

And not the American president who cheerfully accepted the decision of British Prime Minister Tony Blair to substantially reduce that country's boots on the ground in Iraq – as well as the decision of the Danes to withdraw from the endeavor.

When the Danish prime minister called this week to inform Bush that the country's 46O troops would be leaving Iraq, the president had no objection to the decision to cut and run. According to Denmark's Anders Fogh Rasmussen, Bush expressed "both understanding and satisfaction that the situation in Iraq makes it possible for Denmark and Britain to reduce their numbers of troops."

If this war gets much more "satisfying," the U.S. will be fighting it alone.

But don't expect to hear Bush or Cheney complaining about the inability of the Brits, the Danes, the Japanese or the Tongans to understand the importance of Iraq to the "war on terror." That silly spin is reserved for domestic consumption. It's a political hammer used to attack Democrats who fail to rubberstamp the administration's misguided strategies -- not a serious concern on the part of the administration.

For all the "stay-the-course" rhetoric from Bush and Cheney, this administration has been more than willing to accept the retreats of allies from Iraq. Why? Because the president and vice president don't want Americans to pay attention to the fact that the "coalition of the willing" has crumbled.

In addition to Japan -- which, like most countries, had a largely symbolic presence in the Middle East -- the following countries have joined the coalition of the unwilling to remain in Iraq: the Dominican Republic, Honduras, Hungary, Italy, New Zealand, the Netherlands, Norway, the Philippines, Portugal, Nicaragua, Norway, Singapore, Spain, Slovakia, Thailand, Tonga and the Ukraine.

Along with Denmark's exiting troops, Lithuania's contingent will likely leave this summer. Armenia's 46 troops are expected to be out at year end, as are Poland's 9OO. And, while Moldova is technically still in the coalition, its 11 bomb-defusing experts quietly exited Iraq last December and have yet to be replaced.

Aside from Great Britain, which is dramatically downsizing its presence, only Australia -- where Prime Minister John Howard appears to be channeling Cheney -- and South Korea now have more than 1,000 troops stationed in Iraq. And South Korea, which will extract 1,100 of its troops this spring, may not be around for much longer; the country's parliament has called for total withdrawal by December 31.

According to the www.globalsecurity.org website, which tracks military involvement in Iraq, Kazakhstan, with 29 troops, remains committed to the mission, as does Macedonia, with 33 troops; Estonia, with 34 troops; Bosnia and Herzegovina, with 37 troops and another ten countries, with between 1OO and 865 troops each.

Here's a sobering fact to ponder: Add together all the troops from all the foreign countries that are still in Iraq as committed members of the "coalition of the willing" and you will get a figure that is substantially lower than the 21,5OO U.S. troops that are now surging into the country on President Bush's orders.

But, despite the fact that the real surge is the one taking U.S. allies out of Iraq, Cheney will keep preaching about America's refusal to accept retreat -- even as he continues to thank countries, like Japan, that have had the wisdom to abandon a sorely misguided mission.


John Nichols' new book is THE GENIUS OF IMPEACHMENT: The Founders' Cure forRoyalism. Rolling Stone's Tim Dickinson hails it as a "nervy, acerbic, passionately argued history-cum-polemic [that] combines a rich examination of the parliamentary roots and past use ofthe 'heroic medicine' that is impeachment with a call for Democraticleaders to 'reclaim and reuse the most vital tool handed to us by thefounders for the defense of our most basic liberties.'"

Lefty Film of the Year

This year has been a bonanza for films and documentaries of the lefty variety. It's not something the Academy is interested in but if they gave an Oscar for the year's best progressive film, there would be some fine choices. Docs like Al Gore's An Inconvenient Truth, Rachel Grady's Jesus Camp and Barbara Kopple's Shut Up and Sing would all be contenders while commercial blockbusters like Clint Eastwood's Letters from Iwo Jima and Alejandro González Iñárritu's Babel would also likely garner support. Let us know what your vote would be by participating in The Nation's fourth weekly online poll. And please use the comments section below to let me know what good films I missed in my aforementioned list.

The Left's Club for Growth

The Washington Post has a front page story today on how progressive groups are putting pressure on Ellen Tauscher, the chairwoman of the House New Democrat Coalition. Tauscher has made a career out of bashing the left and, until recently, has felt little pushback.

That's about to change. Following the election, a new group called They Work for Us was formed by leaders of the labor, online and progressive organizing worlds to hold fellow Democrats accountable, through media campaigns and primary challenges.

They Work for Us was modeled after the Club for Growth on the right, which has been remarkably successful at convincing Republicans to adopt very conservative economic positions and stick to them.

Both organizations work off a simple premise: politics works based on pressure. If a Democrat, for instance, is threatened by a primary challenge from the left, they will likely become more progressive as a result. (Joe Lieberman being an exception.)

They Work For US originally chose three initial targets worthy of spotlighting: Reps. Tauscher, Henry Cuellar and Al Wynn. The group immediately heard complaints from Democratic leaders, who would rather have their allies focus on defeating Republicans.

But there's many groups who perform that task. There's almost no one who keeps constant pressure on Democrats to act like Democrats. It may not seem like it now, but in the end They Work for Us is doing Nancy Pelosi a favor.

Libby Trial: Final Arguments about Scooter, Cheney & Truth

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.

The defense had taken shots at several of the prosecution witnesses, and Zeidenberg did his best to bolster their credibility. None, he argued, had reason to lie, and their accounts all pointed in the same direction. Could they all be lying or misremembering in a similar fashion? When Russert had been on the witness stand, Wells had accused him and NBC News of harboring a bias against Libby and the office of the vice president. Then why, Zeidenberg asked the jurors, did Cathie Martin testify that she had suggested that Cheney appear on Russert's Meet the Press in July 2003 to combat charges the White House had misrepresented the prewar intelligence?

Zeidenberg took on the defense's claim that Libby had been too busy with national security matters in 2003 and 2004 to remember accurately what he had known and said about Valerie Wilson. Listen to this, Zeidenberg told the jurors, and he played a portion of Libby's March 2004 grand jury testimony during which Libby was able to recall in detail a conversation he had with Rove on July 11, 2003. In that discussion, according to Libby, Rove told him that Novak had informed Rove that Wilson's wife worked at the CIA and that he (Novak) would be publishing a column about Wilson. Libby also told the grand jury that during this conversation he said to Rove that he had just heard from Russert about Wilson's wife. (Oddly--or not--the defense never called Rove as a witness to confirm Libby's claim that he had given Rove the same account of his Russert conversation that he had provided the FBI and grand jury.) Why could Libby, Zeidenberg asked rhetorically, recount specifics of this discussion but couldn't "recall one out of nine conversations that he himself had about Mr. Wilson's wife because it is a trivial detail?" There is a pattern, Zeidenberg added: Libby remembers the conversations he had with the government witnesses but never "the piece about Mr. Wilson's wife."

Libby, he argued, could even "remember with specificity what he didn't talk about" the week before the leak. When Libby appeared before the grand jury, he testified that in the days after Joe Wilson published a July 6, 2003, op-ed article--in which Wilson revealed that he had gone to Niger for the CIA to check if Iraq had been uranium-shopping there and reported back the charge was highly unlikely--he and Cheney talked about Wilson's mission. But Libby maintained that Cheney and he had not discussed the wife's CIA position until after the leak appeared in the Novak column. Zeidenberg reminded the jurors that Cheney had written a series of questions on a copy of the Wilson op-ed, including one asking whether Wilson's wife had sent him on a junket? "Ask yourself: the vice president has those questions," Zeidenberg said, "who is he going to discuss them with? Is he pondering these things on his own? Or discussing them with his chief of staff?" And is there nothing suspicious, he added, that Libby told the grand jury that he and Cheney in the week before the leak discussed all of Cheney's questions about the Wilson trip except the one about Wilson's wife?

The case has pitted Libby (and his claimed recollections) against several reporters (and their claimed recollections). And Libby's lawyers tried to knock down the testimony from Cooper, Miller and Russert. But Zeidenberg emphasized the core issue: could Libby have completely forgotten about her CIA connection and then learned it "anew." Addressing the jurors, Zeidenberg said, "Forget for the moment about the testimony of those nine conversations...it's simply not credible to believe that he would have forgotten this information about Wilson's wife from June 11 to July 11.....The vice president's office [at this time] is in the hot seat...They're asked the question over and over: why did Mr. Wilson say he was sent [on his Niger trip] by the vice president....Mr. Libby thinks he has an answer: the wife....And he wants you to believe...that he so completely forgets the information about Mr. Wilson's wife that when Russert tells him about it...it rings no bell?...It's just not credible."

Zeidenberg's summation of the case was straightforward and compact. He poked at Libby's hard-to-accept position: I knew, I forgot, then I knew again but forgot that I had forgotten. He explained there was a motive for Libby to lie to the FBI and the grand jury. It was a coherent tale about a fellow who tried to fib his way out of a tough spot. Perjury cases can be difficult because the prosecution has to prove the defendant's intention and state of knowledge. Special counsel Patrick Fitzgerald and Zeidenberg argued a hard case well.

"Maybe I was drunk when I made my opening," Ted Wells said, as he began his closing statement. He was referring to Zeidenberg's characterization of his opening presentation: "Sure sounded like I said a lot of things I could not deliver on." Wells claimed he had not promised to put on "a whole case of evidence" about a White House conspiracy to sacrifice Libby for Rove. "I promised I would show you a note," he said. And Wells pointed to a note written by Cheney in October 2003--after the White House had declared (erroneously) that Rove had not been involved in the Valerie Wilson leak--that said, "Not going to protect one staffer + sacrifice the guy that was asked to stick his neck in the meat grinder."

Why is this so significant? According to Wells, the note--written by Cheney in response to Libby's request that the White House also clear him of any wrongdoing in the leak case--is evidence Libby is innocent. Only an innocent man, Wells contended, would ask the White House to absolve him publicly and then--when rebuked by chief of staff Andrew Card and press secretary Scott McClellan--would beseech the vice president. Wells insisted that Libby had been hung out to dry by a White House eager to protect Rove.

But this was not a strong argument. After Cheney wrote that note, McClellan did clear Libby. And given that the White House had declared that Rove had not participated in the leak--even though Rove had been Robert Novak's second source--the fact that Libby wanted similar treatment does not prove his guilt or innocence. Sometimes guilty people want to be declared innocent.

Wells moved to another line of defense. He told the juror the case was simple: it was about two conversations. He meant Libby's phone call with Russert and a conversation Libby had with Matt Cooper. And, Wells added, this is all "he said/she said." He revisited questions about Cooper's and Russert's powers of recall that he raised earlier in the trial. But Wells was also being sly. The case is not merely about whose recollections are more accurate: the reporters or Libby. Wells was trying to distract the jurors from the nine conversations Zeidenberg had reviewed. A case based on two conversations--where there are no notes or third-party witnesses--is "madness," Wells proclaimed, adding, "there's a craziness to this case."

The defense team's closer had an air of disorganization. But that was the point. Wells and co-counsel Bill Jeffress threw whatever they could at the jury. That Russert has a memory problem and a vendetta against Libby--and that Russert actually may have known about Wilson's wife prior to his conversation with Libby. That Libby talked to eleven reporters and did not volunteer information to any of them about Valerie Wilson. That only Judy Miller said he leaked to her--and, Wells added, she cannot be believed. That Libby was too busy protecting the United States from terrorists to recall what had happened. That Libby would not have concocted such a cockamamie cover story that positioned Russert (whom Libby barely knew) as an alibi. That Rove and former Deputy Secretary of State Richard Armitage were the real leakers. That Libby was not at all worried about losing his job. That every participant in the case has forgotten one fact or another. That Valerie Wilson and her CIA connection was not important to Libby because, Wells said, "nobody cared at the office of the vice president." That Libby had no reason to fear any investigation because he had not known that Valerie Wilson was a clandestine CIA employee.

The defense was not linear. There was no narrative. There were many assertions and questions. The closest the defense came to a competing explanation of what happened was its tale of the Libby sellout. Noting that the White House had said that Rove had not leaked, Wells declared, "Rove lied....Rove did talk to Novak." And he put up a slide for the jury that showed photographs of Rove and Libby and carried the bottom-line explanation: "Save Rove/Sacrifice Libby." By complaining about this in October 2003, Scooter Libby, Wells reiterated, had demonstrated he was innocent of any wrongdoing in the leak case. (Wells was operating under the assumption that leakers never lie.) And Libby's lead lawyer slammed the Bush crew for not initially standing by his man: "That's not a team I'd like to be part of. The sure didn't treat [Libby] like he was part of the team."

Over and over, Wells and Jeffress did what defense layers routinely do: drill into the jurors that the government has the obligation to show beyond a reasonable doubt that Libby lied deliberately. The prosecution must present "powerful" evidence, Wells said repeatedly, and the jurors have to base their deliberations upon the presumption of Libby's innocence. Wells told the jurors, "There was memory problems with every witness" and he recalled that Grenier, a prosecution witness, had testified that his recollection of a conversation with Libby had "a fair amount of vagueness attached to it." Jeffress asked, "Which witness came in here and didn't get something wrong?"

Wells finished his case by returning to the sacrifice quasi-narrative, asking the jurors not to treat Libby as he was mistreated by the White House: "[If] someone [in the jury room] starts to say, 'He was a Republican, he worked for Cheney, let's do him,' help that person....Don't sacrifice Scooter Libby for how you may feel about the war in Iraq or how you may feel about the Bush administration. Don't sacrifice Scooter Libby."

His finale was emotional. Scooter Libby is "a good person," Wells proclaimed, noting that Libby, during the trial, had been under Wells' care and protection. "I give him to you," he told the jurors. "Give him back to me. Just give him back." Wells voice broke; he choked back a sob. He sat down.

Then it was Fitzgerald's turn. After three years of working on this case, he, as is customary for prosecutors in a criminal case, would have the last word. "Madness," he exclaimed. "Madness. Outrageous....The government brought a case about two phone calls." He was mocking Wells. This was not a case of he-said/she-said, he explained; it was a case of he-said/he-said/he-said/she-said/he-said/he-said/he-said/she-said/he-said and he-said. "Is this the world's greatest coincidence?" he asked, contending that there could not be nine conversations with everyone remembering the wrong thing. And forget about Russert, he said. If Russert had been "run over by a bus and gone to the great news desk in the sky," the prosecution's case would stand: Libby learned about Wilson from Cheney and others yet claimed he had not.

Valerie Wilson and her CIA affiliation was no trivial matter for Libby and Cheney, Fitzgerald insisted. For Libby and Cheney, Fitzgerald said, Valerie Wilson "wasn't a person...she was an argument...a fact to use against Joe Wilson." He pointed out that there is physical evidence. According to the notes of Libby's CIA briefer, Libby told the briefer about Wilson and his wife a full month before Novak's column--and Libby did so during a briefing that covered heavy-duty national security issues, such as terrorist plots and the war in Iraq. This document, Fitzgerald said, "is a fingerprint of the defendant's brain."

Fitzgerald called the jury's attention to other documents that showed Libby and Cheney were nearly obsessed with the Wilson matter. He demonstrated that Cheney himself had helped create a set of talking points in early July about the Wilson imbroglio that began, "It is not clear who authorized Joe Wilson's 2002 trip to Niger." This showed, Fitzgerald argued, that the boss was concerned with the origins of Wilson's trip. (Cheney and Libby believed the media accounts made it appear that Cheney had directly dispatched Wilson, though Wilson had only been sent by the CIA in response to a question Cheney had put to his intelligence briefer.) Fitzgerald recounted how prosecution witnesses had testified that when Libby talked about Wilson's wife he did so in an unusual manner, as if Libby knew the subject was sensitive.

Fitzgerald came to the rescue of Judith Miller, whom he had sent to jail for 85 days before she agreed to cooperate with his investigation. The defense had had easy work in undermining her credibility--especially because she had forgotten in her first grand jury appearance to recall an entire meeting with Libby. But Fitzgerald walked the jurors through key portions of a memo on the Wilson trip that was sent to Libby on June 9, 2003. He then showed the jury portions of Miller's grand jury testimony in which she noted that Libby had shared these same specifics with her during a July 8 meeting at the St. Regis Hotel. This exercise was a twofer for Fitzgerald. He demonstrated that Miller could be a reliable witness and that Libby had been quite interested in and able to recall details about the Wilson matter. It seemed Libby did have a good memory on this topic.

Fitzgerald chugged along. He undercut the defense team's contention that Cooper's notes back up Libby's claim that he only shared scuttlebutt with Cooper. Fitzgerald scored points in rebutting the defense attorney's attacks on Russert. And he took on Wells' charge that the prosecution had throughout the trial attempted "to put a cloud over" Cheney. "There is a cloud on the vice president," Fitzgerald replied, explaining that Cheney had written notes indicating he was interested in the Valerie Wilson connection and that Cheney had sent Libby to the meeting with Judy Miller where Libby (according to Miller) told her that Wilson's wife worked at the CIA. "And that cloud remains," Fitzgerald declared, "because this defendant obstructed justice....That cloud was there. It was not something we put there." Cheney and Libby, Fitzgerald noted, could have held in July 2003 a press conference to reveal information they believed would undermine Joseph Wilson's attack on the White House. Instead, they went with a leak to Miller. But why would Libby rely on a Russert-told-me cover story that could not withstand close scrutiny? "The sad truth is that sometimes when people lie it looks dumb when they get caught," Fitzgerald said.

The prosecutor brushed aside the argument that Libby merely failed to remember what he had known and discussed about Valerie Wilson. Use your common sense, Fitzgerald asked the jury. Wells had earlier said that prosecuting Libby for not accurately recalling in October 2003 details of conversations he had in June and July 2003 was akin to asking a college student, who had spent a summer on a beach, to remember in the fall the specifics of a conversation he or she had the previous semester. That's nonsense, Fitzgerald retorted, noting that memories are dependent on "uniqueness, importance, and anger." Valerie Wilson's CIA connection was certainly unique, he maintained, and the vice president's office believed the Wilson trip was a significant topic. And Libby, according to the testimony of several prosecution witnesses, was angry about Wilson's claim that the White House and the vice president had manipulated the prewar intelligence. "When you think it's important, when you're focused on it, when you're angry about it--those are the things you remember," the prosecutor said. And, Fitzgerald added, Libby's CIA briefer had testified that he told Libby and Cheney that the disclosure of a clandestine CIA officer could lead to the harassment, torture or death of others. Even a 21-year-old, Fitzgerald said, would consider that important.

Winding up, Fitzgerald aimed at the entire Bush crew. "There's a cloud over the White House as to what happened" in the leak affair, he told the jury. There were questions as to whether the law was broken when Valerie Wilson's CIA cover was blown and "what role the defendant played...what role the vice president played." Looking straight at the jury, Fitzgerald asked, "Don't you think the FBI and the grand jury is entitled to straight answers." Instead, he said, Libby made up a story and obstructed justice. Echoing Wells' last lines, Fitzgerald declared of Libby, "He stole the truth from the judicial system. Give truth back." With that, Fitzgerald was done.

After weeks, each side had presented the expected arguments. The prosecution marshaled a set of concrete facts that appeared compelling and that supported a narrow narrative. The defense picked at each witness, raised a host of other matters, suggested alternative theories (and conspiracy theories) without proving any, cited reporters to whom Libby had not leaked, and claimed that Libby had testified accurately to the grand jury and the FBI and that if he had not he had merely committed good-faith memory slips.

Fitzgerald offered a solid case. Wells offered several possibilities for any juror looking for a peg for a reasonable-doubt argument. Now twelve jurors will have to answer the question: who was sacrificed--Scooter Libby or the truth?


DON"T FORGET ABOUT HUBRIS: THE INSIDE STORY OF SPIN, SCANDAL, AND THE SELLING OF THE IRAQ WAR, the best-selling book by David Corn and Michael Isikoff. Click here for information on the book. The New York Times calls Hubris "the most comprehensive account of the White House's political machinations" and "fascinating reading." The Washington Post says, "There have been many books about the Iraq war....This one, however, pulls together with unusually shocking clarity the multiple failures of process and statecraft." Tom Brokaw notes Hubris "is a bold and provocative book that will quickly become an explosive part of the national debate on how we got involved in Iraq." Hendrik Hertzberg, senior editor of The New Yorker notes, "The selling of Bush's Iraq debacle is one of the most important--and appalling--stories of the last half-century, and Michael Isikoff and David Corn have reported the hell out of it." For highlights from Hubris, click here.

Chris Dodd, D-Constitution

No one is going to mistake Chris Dodd for a frontrunner in the race for the Democratic presidential nod. The senator from Connecticut is running fourth in the latest poll of voters in his home state. And, while the senior member of the Senate Foreign Relations Committee may be a well-respected man about Washington, he is rapidly learning that doesn't count for a whole lot in Keokuk or Dixville Notch.

But Dodd has hit on a campaign theme that is worthy of attention.

He has in recent days made the defense of the Constitution and the restoration of the rule of law central to his outreach to voters.

"One of the saddest days I've spent in public life, in the United States Senate, occurred last fall when the Senate of the United States passed the Military Commissions Act," Dodd says of the Bush-administration sponsored law that eliminates Habeas Corpus protections and retreats from traditional commitment of the U.S. to respect the Geneva Conventions.

"I want to see us get back [to being] a nation that supports the rule of law," argues the senator, who has proposed legislation that would restore Habeas Corpus protections to detainees, bar information acquired through torture from being introduced as evidence in trials, and limit presidential authority to interpret the meaning and application of the Geneva Conventions.

Dodd is not alone among the candidates in having cast a vote against the Military Commission Act of 2OO6. Both New York Senator Hillary Clinton and Illinois Senator Barack Obama joined him in doing so, as did Deleware Senator Joe Biden and Ohio Congressman Dennis Kucinich -- although, notably, Republicans who should have known better, especially Arizona Senator John McCain and Nebraska Senator Chuck Hagel, backed it.

But Dodd's "Restoring the Constitution Act of 2OO7" initiative does distinguish him from the field. He is choosing to make his commitment to addressing the damage done by the Bush administration to basic civil liberties central to his campaign -- talking about the issue in his campaign swings through early primary and caucus states, featuring his commitment at the top of his campaign website and launching a separate www.restore-habeas.org site that highlights a video of the candidate discussing the roots of America's commitment to the Geneva Conventions and the rule of law, as well as a set of tools for involving citizens in the fight to restore the Constitution.

Dodd's proactive approach to Constitutional matters that often get short shrift in presidential contests -- particularly Democratic primary races -- distinguishes him from the field. The chairman of the Senate Judiciary Committee, Vermont Democrat Patrick Leahy, has signed on as a co-sponsor. So has the chairman of the Constitution subcommittee, Wisconsin Democrat Russ Feingold, who it should be noted has a better record as a defender of civil liberties than anyone in the Senate, including Dodd. But neither Clinton nor Obama has yet done so.

Every presidential candidate chooses his or her issues with an eye toward enhancing their electoral appeal, and Dodd's effort is no different. Dodd is well aware that grassroots Democratic activists have been especially, and appropriately, concerned by the Bush administration's assaults on the rule of law. But even if there is a measure of political calculation in his timing and his focus, it is meaningful that a senior senator, who will be a key participant in all the pre-primary debates, has chosen to put the defense of the Constitution at the top of the agenda.

No matter how he fares in the caucuses and primaries, Dodd's initiative is consequential. An essential element of any presidential campaign season involves the defining of issues, and the 2OO8 race offers an opportunity to remind Americans that they do not have to sacrifice liberty for security. As Dodd says, "I take a backseat to no one when it comes to protecting this country from terrorists. But there is a right way to do this and a wrong way to do this. It's clear the people who perpetrated these horrendous crimes against our country and our people have no moral compass and deserve to be prosecuted to the full extent of the law. But in taking away their legal rights, the rights first codified in our country's Constitution, we're taking away our own moral compass, as well."

George Bush and his allies have made the Constitution an issue in the 2OO8 race. Chris Dodd deserves credit for recognizing that fact and addressing it legislatively and politically.


John Nichols' new book is THE GENIUS OF IMPEACHMENT: The Founders' Cure forRoyalism. Rolling Stone's Tim Dickinson hails it as a "nervy, acerbic, passionately argued history-cum-polemic [that] combines a rich examination of the parliamentary roots and past use ofthe 'heroic medicine' that is impeachment with a call for Democraticleaders to 'reclaim and reuse the most vital tool handed to us by thefounders for the defense of our most basic liberties.'"

Worse Than Scalia?

Over at TAPPED, Scott Lemieux makes the case that we have more to fear from Alito and Roberts than we do from Thomas and Scalia:

Scalia and Thomas, at least when there's no conflict with strongly held policy preferences, will have their ideological conservatism constrained by legal policy goals which don't always produce conservative results. Alito and Roberts, conversely, are free to be much more slavishly pro-business -- marrying O'Connor-style unprincipled "minimalism" to a much more conservative ideology is the most dangerous combination of all. If you're a left-liberal, you'd much rather have Scalia or Thomas than Alito.

The occasion for this commentary was the Supreme Court's decision to overturn a $79.5 million punitive damage award against Altria (nee Phillip Morris). Dissenting were the unlikely foursome of Ginsburg, Stevens, Thomas and Scalia.

Though the court punted on the biggest constitutional question -- whether a punitive damage award could be large enough to be in and of itself a constituional violation -- the decision does not bode well for the future of this court, or the Bush appointees. While the "hot button" social issues tend to get the most attention, a lot of the Court's work is in refereeing inevitable disputes between business and the state. This gives a pretty good indication of which side is more likely to get a sympathetic hearing.