Booman Tribune

Grand Jury List of Witnesses & Documents

by susanhu
Tue Oct 11th, 2005 at 11:39:01 AM EST

As we ruminate over Larry Johnson's analysis- and fact-rich post here last night ("Mambo Italiano and Plame Gate") ... as we read USA Today's piece today on Fitz ("Investigator of CIA leak seen as relentless," via Salon's Daou Report) ... and as we wish we were quiet little flies on the walls of Fitz's office (shhh, stop the buzzin', Catnip!) as he talks to Judith Miller today* -- here's a list of journalists called before the CIA Leak grand jury, as of 2004, from Newsday (article not available any longer) via JustOneMinute blog:

  • Robert Novak, "Crossfire," "Capital Gang" and the Chicago Sun-Times
  • Knut Royce and Timothy M. Phelps, Newsday
  • Walter Pincus, Richard Leiby, Mike Allen, Dana Priest and Glenn Kessler, The Washington Post
  • Matthew Cooper, John Dickerson, Massimo Calabresi, Michael Duffy and James Carney, Time magazine
  • Evan Thomas, Newsweek
  • Andrea Mitchell, "Meet the Press," NBC
  • Chris Matthews, "Hardball," MSNBC
  • Tim Russert, Campbell Brown, NBC
  • Nicholas D. Kristof, David E. Sanger and Judith Miller, The New York Times
  • Greg Hitt and Paul Gigot, The Wall Street Journal
  • John Solomon, The Associated Press
  • Jeff Gannon, Talon News

Also tantalizing is a partial list of documents subpoenaed:

  • "[R]ecords of Air Force One telephone calls in the week before the officer's name was published in a column in July
  • "[R]ecords created in July by the White House Iraq Group, a little-known internal task force established in August 2002 to create a strategy to publicize the threat posed by Saddam Hussein."
  • "[A] transcript of a White House spokesman's press briefing in Nigeria"
  • "[A] list of those attending a birthday reception for a former president"
  • "[R]ecords of White House contacts with more than two dozen journalists and news media outlets"
  • "[A] complete transcript of a July 12 press "gaggle," or informal briefing, by then-White House press secretary Ari Fleischer while at the National Hospital in Abuja, Nigeria. That transcript is missing from the White House Web site containing transcripts of other press briefings. In a transcript the White House released at the time to Federal News Service, Fleischer discusses Wilson and his CIA report."

More at the JustOneMinute blog.

See also: ThinkProgress's list of the 21 administration officials involved in the CIA leak case.
......................................................
*The Last Hurrah's emptywheel is speculating about today's twosome of Judy and Fitzie: "The Theory of the Two Notebooks." See below:

[There's a large section above that painstakingly details various news accounts of Judith Miller's notes. All emphases below are mine.]


This one seems to support Jane Hamsher's point--if the NYT is only admitting now that there were earlier conversations between Libby and Judy, then either it or Judy was not entirely forthcoming beforehand. This is a new story we're getting.

I'm curious about the way the NYT describes these notes: newly discovered notes compiled by Ms. Miller. Sounds like she's cherry picking. Maybe Fitz is still concentrating on the Plame leak and allowing her to redact information on Iraqi acquisition of uranium.

The date change is significant. According to Wilson, the UK's Independent ran a story coming close to naming him on June 22. (I'm still trying ot get a copy of that story.) Was Libby out shopping this story around June 21?

[More detail, and quotation from the Newsweek article to which JPol referred in his piece, "Is Rove the Scapegoat?".]

Finally, Newsweek, the story that has everyone scratching their head. I included the Rove stuff that is the main jist of the story to show how closely Luskin's description of Wilson matches (presumably) Bennett's--he's a critic, not a diplomat. We'll be hearing a lot about Wilson's extensive career as a White House critic in the coming weeks, I'd wager.

And to get to source. This story relies on "lawyers close to the case," which almost certainly includes Luskin (who wouldn't be left out of a leak-fest if he could help it). Probably a lawyer from Fitz' shop. But then, down there at the end, the NYT's lawyer. Not Judy's lawyer. The NYT's lawyer.

At this point, that detail is one of the most compelling reasons I think there are two notebooks. Isikoff, presumably, has a better understanding of what this notebook is than he's letting on. ...

So it was not, presumably, discovered in Judy's desk. If I were a journalist fighting hard to keep my sources confidential, I wouldn't store the records of those sources somewhere where I didn't own the key.

I also think Isikoff uses the passive here very deliberately. Isikoff may have his limitations as a journalist, but basic grammar is not one of them. A professional writer knows the weakness (and the strength) of the passive construction quite well--it obscures who is completing an action.

The NYT is trying very hard to hide their complicity and possible implication in this conspiracy. Which is why, I think, Isikoff uses the passive here.

So what? Why does it matter if there are Judy notes and NYT notes being handed to Fitz?

For starters, it suggests the NYT may be ready to jettison their beloved martyr. If she has gotten them into some legal hot water, their willingness to hand over additional materials suggests they're now trying to protect themselves, perhaps at Judy's cost.

But it also suggests a possible scenario whereby Judy came to discover some notes she forgot about. It may be that Fitzgerald caught her in a perjury trap

[editor's note, by susanhu] Added embedded link.

(or she just perjured herself believing the subpoena's terms protected her). But the involvement of the NYT in this directly (if that's what it is) could suggest Fitzgerald has demonstrated to Pinch that his best interests lay in providing materials from June (and note--if this notebook references story assignments without source, this bypasses any First Amendment issue).

In which case, Judy may now be in a similar situation as Cooper was, where it was futile to hide her materials any longer because those provided by her employer already exposed the bulk of what she might have hidden.

-- From the "The Theory of the Two Notebooks" by emptywheel.

As I noted in "Judith's Attorneys Don't Agree," the NYT attorney (Abrams) and Judy's criminal attorney (Bennett) seemed to be operating completely separately of each other, including in their communications with Scooter Libby's attorney.



Display:
It is time for me to admit to myself that this could the single greatest White House related scandal in the history of this country.

Bush nominated Miers for a reason beyond just pure cronyism.

by paulucla on Tue Oct 11th, 2005 at 12:00:23 PM EST
Well, this is an interesting little tidbit:
"[A] list of those attending a birthday reception for a former president"

Since it's unlikely to have been celebrants of natal days of either Carter or Clinton or even Jerry Ford, that leaves . . . Bush the Elder.

Hmmmmmm.

Carlyle Group, CIA, Texas mafia, oil executives . . .

A politician is a man who will double cross that bridge when he comes to it. -- Oscar Levant

by Mnemosyne on Tue Oct 11th, 2005 at 12:01:18 PM EST
Ahh.  A distraction from my distraction.  I love this story.  I want to cuddle up with it for about three years.  Best Political Scandal Ever.

"Have you no sense of decency, sir. At long last, have you left no sense of decency?" -- Boston Attorney Joseph Welch, taking down Sen. Joseph McCarthy.
by BostonJoe on Tue Oct 11th, 2005 at 12:06:20 PM EST
This is from the USAToday story:

The inquiry has roiled Washington for months, and tensions are rising because Fitzgerald's grand jury expires Oct. 28. But the man in charge is not a Beltway celebrity. He doesn't hold news conferences in Washington or appear on TV. Friends say he's brilliant and apolitical. Defense lawyers say he can be cold and sometimes surprises them by boldly challenging judges.

Friends and critics agree that his integrity is unassailable and that he is relentless. The list of people he has prosecuted -- including al-Qaeda leader Osama bin Laden, former Illinois governor George Ryan and New York mobsters -- shows he has no qualms about going after the powerful.

Fitzgerald's politics, motivations and style have prompted debate.

"He has no agenda," says David Kelley, former U.S. attorney in New York and a longtime friend. "He looks at the facts, uncovers the facts and goes where the facts lead him."

Mary Jo White, who was Fitzgerald's boss when she was U.S. attorney in Manhattan, says she knows nothing about his political views -- "if he has any, and he may not."

Fitzgerald, who declined interview requests, is registered to vote with no party affiliation.

[..]

"To say that he is extremely aggressive is, I think, a gross understatement," Safer says. When he's arguing a motion, Safer says, Fitzgerald is "not disrespectful, but he's a lot less deferential than I bet most judges are accustomed to."



Hickok: "You know the sound of thunder. Can you imagine that sound if I ask you to? Ma'am, listen to the thunder."
by susanhu (susanhuatearthlinkdotnet) on Tue Oct 11th, 2005 at 01:15:45 PM EST
Prediction.
The fix is in.  Scooter to be the fall guy.  We all know that everyone of them is in it up to their snot rockets but they'll make Scooter the fall guy.  Guys with names like Scooter are always the fall guys.  Three months with time off for good behavior at a Club Fed Pen, and a consulting job at Halliburton when it's over.
by NorCalJim on Tue Oct 11th, 2005 at 01:19:45 PM EST
I find myself swaying back and forth between optimism and cynicism about the CIA Leak case... it was sobering to see Larry Johnson's story the other day about what's at stake even IF there are no indictments . Perish the thought.

All we have to hope for is that Fitzgerald will see beyond making Scooter the sole fall guy -- which he sounds very able to do -- and that he'll go after the group.

Hickok: "You know the sound of thunder. Can you imagine that sound if I ask you to? Ma'am, listen to the thunder."

by susanhu (susanhuatearthlinkdotnet) on Tue Oct 11th, 2005 at 01:38:46 PM EST
[ Parent ]
Guess I was feeling pretty cynical when i wrote that.  Not that it's an aberration for me these days ;~|
by NorCalJim on Tue Oct 11th, 2005 at 03:03:45 PM EST
[ Parent ]


To thine own self be true. W.S.
by sybil on Tue Oct 11th, 2005 at 11:53:25 AM EST


To thine own self be true. W.S.
by sybil on Tue Oct 11th, 2005 at 11:54:06 AM EST
[ Parent ]
Squeeze them for everything Fitzgerald! Never mind that the suspense in killing me (and probably almost everyone), take it right to the last drop, wring out everything. I remember Watergate and little things counted, that came out a piece at a time. It's hard to be patient.
by rolfyboy6 (rolfyboy@NOSPAMsonic.net) on Tue Oct 11th, 2005 at 12:47:26 PM EST
So -- see the end of the section below the fold -- what's going on at the NYT?

Has the NYT boxed itself in by standing by its reporter, because it felt it was the right thing to do and it also would enoble the paper more to do so.... and now found itself in a very awkward divergence of legal interests?

Hickok: "You know the sound of thunder. Can you imagine that sound if I ask you to? Ma'am, listen to the thunder."

by susanhu (susanhuatearthlinkdotnet) on Tue Oct 11th, 2005 at 01:54:02 PM EST
Oh how I like the sound of that description.  It was a lucky day day when Patrick "Relentless" Fitzgerald was given this job.
by Emma Anne (emma_anne -at- mac.com) on Tue Oct 11th, 2005 at 01:55:16 PM EST
Does the Newsday list put to rest the uncertainty as to whether JimmyJeff was actually called before the GJ or was just interviewed by the FBI?

No society that feeds its children on tales of successful violence can expect them not to believe that violence in the end is rewarded. -Margaret Mead
by smith (garbolatorathotmail.com) on Tue Oct 11th, 2005 at 04:29:57 PM EST
I found that his name on the list very interesting. I thought the guy fell off the face of the earth and we would never hear of him again. Is Clancey still around to write the great American novel about all of this? I don't believe any fiction writer could have ever dreamed up a better story. When this all unravels will we be drinking champagne(ok...grape juice for me)or will we be crying in our beer?

Frodo failed...Bush has got the ring.
by alohaleezy on Wed Oct 12th, 2005 at 07:55:55 AM EST
it's not premature, but I'm chilling champagne just in case  :)

We are condemned to kill time, thus we die bit by bit - Octavio Paz / Latino Político
by Man Eegee (man.eegee at gmail dot com) on Thu Oct 13th, 2005 at 04:43:08 AM EST
[ Parent ]


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