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The Libby Trial: Cheney's Office Takes the Stand
By David Corn
On Thursday, the Vice President's office was on the stand in the Scooter Libby trial-sort of. The fourth witness to be called by special prosecutor Patrick Fitzgerald was Cathie Martin, who during the CIA leak scandal, was Dick Cheney's senior public affairs aide. Currently deputy director of communications and planning at the White House, Martin was a poised and confident witness; she was hardly looking to help the prosecution nail her former colleague. Yet she testified that she had told Libby that Valerie Wilson worked at the CIA weeks before that information was leaked--reinforcing Fitzgerald's accusation that Libby lied to the FBI and a grand jury when he claimed that he possessed no direct knowledge of Valerie Wilson and her CIA employment at the time of the leak.
Martin described a conversation she had with William Harlow, the CIA public affairs chief, and though she had no direct recollection of when this phone call happened, she noted it likely occurred around June 11, 2003. At that time, Walter Pincus of The Washington Post was asking Vice President Cheney's office whether it had been involved in former Ambassador Joseph Wilson's trip to Niger (which had been cited in a May 6 New York Times column by Nicholas Kristof that did not name Wilson). Martin testified that as the result of a call between Scooter Libby, Cheney's chief of staff, and a CIA official (probably Robert Grenier, an earlier witness in the trial), she had been put in contact with Harlow.
During her conversation with Harlow, Martin testified, she asked him what the CIA knew about the trip to Niger taken by the then-unnamed ambassador. Harlow told her the former diplomat was Joseph Wilson and revealed that his wife worked at the CIA. Later that same day, in the vice president's office, she shared with Cheney and Libby what Harlow had told her, including the information that Wilson's wife was employed at the CIA. How did Cheney or Libby respond to this? Fitzgerald asked Martin. "I don't remember any other specific response," she answered.
(42) CommentsJanuary 25, 2007
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Libby Trial Continues With Memory Attacks
By David Corn
For an account of the opening arguments of the Libby trial, click here.
On the second day of the Scooter Libby trial, Ted Wells, the defendant's attorney, continued with his double strategy of challenging the memories of the prosecution's witnesses and of creating a series of narratives that could end up confusing jurors.
The first witness called to stand by special prosecutor Patrick Fitzgerald was Marc Grossman, who was the No. 3 at the State Department in the summer of 2003. His testimony was clear-cut. On May 29, 2003, he was contacted by Libby, who was seeking information on former Ambassador Joseph Wilson's trip to Niger. Three weeks earlier, New York Times columnist Nicholas Kristof had written a piece--without mentioning Wilson by name--citing Wilson's mission as evidence that the Bush administration had hyped the prewar intelligence on Iraq's weapons of mass destruction. Few in the media had paid any attention to Kristof's column, but Washington Post reporter Walter Pincus was looking into Vice President Dick Cheney's connection to the Wilson affair. (Wilson had been sent by the CIA on this trip in 2002 after Cheney had asked an intelligence briefer for more information on the allegation that Iraq had sought uranium in Niger.)
(49) CommentsJanuary 24, 2007
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Libby Trial Opens With Simple Tales and Complex Plots
By David Corn
It's simple, said special prosecutor Patrick Fitzgerald during his opening argument at the trial of I. Lewis "Scooter" Libby: Vice President Dick Cheney's onetime chief of staff lied to the FBI and a grand jury to cover up his and Cheney's involvement in the leak that outed Valerie (Plame) Wilson as a CIA official.
This is a twisted, complicated and dark tale, said Ted Wells, a lead lawyer for Libby: one of conspiracies, bureaucratic infighting, turf wars, backroom deals, terrorist plots (involving nuclear weapons and anthrax) against the United States, and assorted memory lapses, convenient and accidental. Libby merely engaged in no-harm-intended forgetfulness, Wells insisted, and, moreover, he was "set up" by Karl Rove as a "sacrificial lamb" in a White House melodrama starring Cheney, who supposedly was defending Libby from a White House effort designed to protect Rove at all costs.
Both lawyers told the jury that the case--in which Libby faces five charges of obstructing justice, perjury and making false statements to government investigators--is not about the war in Iraq or the administration's use of false information to sell the public on the war.
(31) CommentsJanuary 23, 2007
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Libby Trial, Day Three: A Tough Search for Jurors
By David Corn
For coverage of the first day of the Libby trial and a deconstruction of Scooter Libby's I-forgot defense, click here. For Day Two, see here.
On the third day of the trial of I. Lewis "Scooter" Libby, the job of finding Washington jurors who do not hold negative views of the George W. Bush administration, its war in Iraq, and Vice President Dick Cheney became harder. Out of the first ten potential jurors screened by the judge and the lawyers, nine were dismissed--most because they said they believe Bush and Cheney are not to be believed. The day began with Juror No. 0420, a woman who is an information technology consultant. She called the war "a tremendous mistake" and "quite a horrendous thing." She noted she would have a difficult time fairly evaluating testimony from Cheney, explaining there was the "potential" that her bias would "leak" into her subconscious. She was gone.
Then came No. 0388, a manager of audits for the Department of Homeland Security. She spends her days sniffing out procurement fraud. When asked about Cheney's ability to tell the truth, she explained she tended to be "skeptical of politicians' credibility"--and that skepticism would extend to Cheney and anyone who worked for him, especially if the matter at hand concerns the administration's response to a critic. "My profession is to be skeptical," she said, explaining that a politician often tries "to shape public opinion" and is not driven by a desire to provide "the most comprehensive presentation." But she insisted that she could evaluate Cheney's and Libby's testimony without bias and that she realized the burden of proof rested with the government. She was dismissed.
(70) CommentsJanuary 18, 2007
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Libby Trial, Day Two: Watch Out for Juror No. 0677
By David Corn
For coverage of the first day of the Libby trial and a deconstruction of Scooter Libby's I-forgot defense, click here.
The second day of the trial of I. Lewis "Scooter" Libby was again devoted to selecting a jury. The task at hand remains finding sixteen Washington residents (twelve jurors and four alternates) who hold no harsh opinions about the credibility of the Bush administration--particularly that of Vice President Dick Cheney, who has been named by the defense as a possible witness for his former chief of staff. The quickest way off this jury has been to admit one possesses strong doubts about Bush crowd's honesty in selling the case for war in Iraq. Juror No. 1298 said that she liked "to think" she could be "mature enough" to allow her respect for the presumption of innocence to trump her concerns about the Bush administration. But when federal district court Judge Reggie Walton asked if a witness from the Bush administration would have a "strike against them," she replied, "Probably." He responded, "We appreciate you being here." In other words, you can go now. Juror No. 1980 bluntly said, "I cannot believe any statement from the Bush administration." She was told her services would no longer be needed.
Of the first 24 potential jurors questioned by the judge, the prosecutors and the defense attorneys, eight were dismissed. (Some had reasons for being let go besides being administration critics.) A few who mildly expressed questions about the Bush administration--but who claimed they could still fairly evaluate the testimony of Cheney or any other Bush administration witness--were allowed to proceed to the second round. Yet Libby's attorneys will later be able to remove them from the juror with preemptory challenges.
(39) CommentsJanuary 17, 2007
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Libby Trial, Day One: Can You Trust Cheney?
By David Corn
"Would any of you have any difficulty fairly judging the believability of former or present members of the Bush Administration?"
In a Washington courtroom on Tuesday morning, federal district court Judge Reggie Walton read that question to the pool of potential jurors, and that was a fair way of summing up the big question of the trial: did Vice President Dick Cheney's chief of staff lie to cover up his own participation in a White House campaign that was mounted to protect the Bush administration's misleading case for war in Iraq?
Libby is on trial for having made false statements to FBI and a grand jury investigating the leaking of Valerie Wilson's CIA identity. But his credibility (or lack thereof) is a reflection of the administration's credibility (or lack thereof). Yet due to the normal workings of a federal court, Libby will be judged by Washington, DC, residents who are in a distinct minority: people who have not already concluded that Bush officials are not to be trusted.
(102) CommentsJanuary 16, 2007
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Bush's Reality-Based Desperation
By David Corn
George W. Bush finally has dipped his toe into the reality-based pool.
Standing in the White House library--because his PR guides wanted him to seem "conversational"--the president delivered a long-in-the-hyping speech on Iraq on Wednesday night, and he conceded what the American people have already figured out: his war is not faring well. Shortly before the November elections, Bush declared, "we're winning" in Iraq. With public opinion polls showing that close to three-quarters of the nation disapprove of his handling of the war, Bush wanted to demonstrate that he, too, is aware that Iraq is a mess. So he said, "The situation in Iraq is...unacceptable to me....Where mistakes have been made, the responsibility rests with me." But here's the obvious question: given the president's history of false and misleading statements about the war and his record of poor decision-making related to the war, why should anyone accept anything he says or proposes now? He has no credibility--and far too long of a resume of failure. One speech--standing or sitting--will not make a difference in how Americans regard Bush and the war. There will be no surge of popular support for his newest plan: sending 21,000 additional US troops to Iraq for a last-chance stab at securing and stabilizing Baghdad.
Bush's announcement of this escalation came as no surprise. Critics and advocates of such a thrust have been debating the idea for weeks, anticipating Bush would order such a move. After all, it seemed the only choice left available to pro-war partisans. But the whole notion rests upon a rather iffy proposition: that the government of Prime Minister Nouri al-Maliki shares Bush's vision and can deliver. Maliki is Bush's lifeline in Iraq. Bush's escalation can only succeed if Maliki's government does what Bush says it will do: clamp down on the sectarian violence that is partly fueled by Shiites who are part of Maliki's government. In his speech, Bush credulously quoted a Maliki statement from last week: "The Baghdad security plan will not provide a safe haven for any outlaws, regardless of [their] sectarian or political affiliation." And Bush noted that Maliki has pledged that there will be no "political or sectarian interference" in the coming campaign to pacify Baghdad. As a cynical foreign policy realist might say, Isn't it pretty to think so?
(185) CommentsJanuary 10, 2007
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Kristol Clear at Time
By David Corn
The market doesn't work -- not when it comes to conservative commentators.
Before the Iraq war, rightwing (and middle-of-the-road) pundits claimed Saddam Hussein was a dire WMD threat, that he was in cahoots with al Qaeda, that the war was necessary. The neoconservative cheerleaders for war also argued that an invasion of Iraq would bring democracy to that nation and throughout the region. They were wrong. But they have paid no price for their errors. They did not have to serve in Iraq. None, as far as I can tell, have had sons or daughters harmed or killed in the fighting there. They did not have to bear higher taxes, because George W. Bush has charged the costs of this military enterprise to the national credit card. Though they miscalled the number-one issue of the post-9/11 period, they did not lose their influential perches in the commentariat. Charles Krauthammer, Richard Perle, Robert Kagan, Gary Schmitt, Danielle Pletka and others (including non-neocon Thomas Friedman) who blew it on Iraq still regularly appear on op-ed pages and television news shows, pitching their latest notions about Iraq, Iran or other matters.
Foremost among this band is William Kristol, the editor of The Weekly Standard and former chief of staff for Vice President Dan Quayle. Kristol, a Fox News regular, has not seen his standing as a go-to conservative pundit suffered. Moreover, he has been rewarded with a plum posting. Time magazine's new managing editor, Richard Stengel, has invited Kristol to become what Stengel calls a "star" columnist for the magazine.
(186) CommentsJanuary 2, 2007
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Baker Report Slaps Bush, Takes the Middle Ground
By David Corn
James Baker did not enter the Senate committee room bearing two tablets. But the Bush clan adviser and former secretary of state had high expectations to meet Wednesday morning when he and his fellow commissioners of the bipartisan Iraq Study Group publicly disclosed at a Capitol Hill press conference their collective wisdom on how to fix George W. Bush's war in Iraq--if, as they more than once noted, that's possible. Baker and his colleagues presented no surprises--given a week's worth of leaks about the report's findings. But they made it official: the Washington establishment has judged Bush's management of the war a failure.
No such bold statement exists in the 142-page report. And before the scores of reporters and dozens of camera crews, Baker, former Representative Lee Hamilton, and the eight other ISG poohbahs offered no harsh words for the fellow Baker got into the White House. Yet the report is unequivocal. "The situation in Iraq," it says, "is grave and deteriorating," and the Bush administration must "pursue different policies."
Citing such statements, I asked Democratic power-lawyer Vernon Jordan, one of the commisioners, if the report is an outright repudiation of Bush's handling of the war. Flashing a wide smile, he replied, "That's implicit." Baker has politely sent a message to Bush the Younger: you screwed up.
(129) CommentsDecember 6, 2006
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Baker Report Puts Bush in a Corner
By David Corn
It's crunch time for George W. Bush.
He has to decide whether or not to change his Iraq policy, as James Baker, his father's secretary of state, weighs in with a report that applies much pressure on him. According to Friday's edition of The Washington Post, the bipartisan Iraq Study Group chaired by Baker and former Democratic Representative Lee Hamilton will recommend next week that Bush withdraws nearly all US combat troops from Iraq by early 2008. Baker's group attaches qualifiers to its call for this redeployment, noting such a drawdown should occur only if circumstances on the ground permit it. (And this pullout would be accompanied by moves aimed at enhancing US support of Iraqi military units, such as embedding US troops within Iraqi units.) But even Baker's conditional call for disengagement is a sharp retort to Bush, who has repeatedly dismissed the notion of withdrawing troops until, as he puts it, "the mission is completed." The commission's report--if the leaked accounts are correct--will send a message to Bush: Iraq is not working, you must shift strategies.
The simple question is, will he? Doing so would be an admission that he has botched the job. Bush may not be willing to--or able to--concede that difficult point. But his father's crowd--and their Democratic partners on the panel--is telling him straight-up that his Iraq project (the defining element of his presidency) is failing. Can Bush process this?
(110) CommentsDecember 1, 2006
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