A little bit of Libby liveblogging, part 3

Hello.  This is part 3 of my little Libby liveblog.  It is almost time to restart, and people are filing back into the courtroom---or so I see on my camera.  I am sitting next to a reporter from the National Review (blech!---nothing personal if you're reading this). 

We are in the Prettyman courthouse, the District Court for the District of Columbia.  A lot of federal-goverment-related cases are heard here, which makes it a much more important court than your average district court that applies to merely 500K people.  I ate lunch inside the courthouse at its cafeteria, curious to see what all these high-profile lawyers eat.  It turns out, they eat regular cafeteria food, only marginally better than a high school or university cafeteria.  However, it wasn't terribly expensive either, all things considered.  And, of course, they spend a lot of time sucking up to each other, it seems. 

I felt a bit out of place because while I put on my nice pants, I did not wear a suit and tie, like all the other males here, including reporters.  Felt as though I'd be given a reprimand for being out of uniform or something.

Anyway, we are 2.5 hours into what is roughly 6 or 7 hours of recorded and be-transcripted grand jury testimony.  I might only stay for at most a couple of hours more of it.  Basically Fitz has been trying to pin Libby down.  Libby has been attempting to use a memory defence.  It is like a Dance of Calendars, with different dates being thrown up to put into question the claims of lack of memory.

Liveblogging will start below the fold, once the judge reenters the courtroom.

1:36 -- The judge is back.  He's talking about some exhibits and clarifying some motion to admit or deny them.   I don't get the reference exactly here.

1:42 -- The gist is basically that the defence wants access to certain "ex parte" affidavits related to Tim Russert, who is testifying tomorrow.  The government is denying that they have to provide it, as they are "ex parte" filings.  There is information there that apparently is not related to the trial, and whatever is related to the trial, says the government, is already in Libby's grand jury testimony.  Lots of case law cited.  So we have a bit of inter-lawyer muted fireworks.

1:46 -- The government is not being represented in this by Fitz directly, but by some woman whose name I don't know.  The judge, by the way, has seen the affidavits.  But the defence has not.

1:49 -- The defence is saying that they want the documents as a matter of basic principle, and they're willing to have the judge redact the irrelevant parts.  The defence lawyer makes a jab at the press---maybe the press will be disappointed by not having that extra stuff, but the defence does not consider it to be a problem.  They also want the government's negotiated terms for obtaining the testimony of Tim Russert.  This is all by way of looking for ways to cross-examine Russert in order to undermine his testimony on behalf of the government.

1:56 -- The judge seems kind of down on the idea of revealing the negotiations.  The defence lawyer is practically reduced to grovelling.  If this were about jail time for Russert, it might go to Russert's credibility.  But it wasn't.  The judge is also kind of down on giving up the affidavits.  Fitz gets up to clarify that the defence has the relevant testimony.

Fashion report, for those who wanted it (and some of my fans elsewhere did): Fitz is wearing a light blue suit with a pastel blue tie, and looks very...light.  Optimistic and calming colours and demeanour.

2:04 -- Lots more pleading.  These affidavits are a representation of what Russert's lawyers say that he *might* say in court.  The defence believes that this fact strengthens his case.  IANAL, but I don't see how.  Fitz says that this is not even a representation of Russerts testimony, it's a representation of a representation, and not admissible or relevant.

2:09 -- Judge will look at it the affidavits and decide later, it seems.  Defence looks crestfallen.  We will be hearing the tapes soon.

2:14 -- Mundane business.  They shut down DC/MD/VA at the slightest bit of snow.  Which means that they'll have to postpone tomorrow if it snows tomorrow, and it might.

2:15 -- Tapes.  We are talking about the 12th when Libby is under pressure to respond to Cooper of Time Magazine.  He was on a plane for a celebration (Christening of a Reagan or something) and he was discussing this with Cathie Martin, but in a part of the plane different from the Veep.

Then he discussed with the VP about the Tenet statement, how to respond to Time Magazine, who should say it (Libby should).  VP dictated some things to say word for word to Time, which Libby wrote down. 

Fitz alludes to the fact that Cathie Martin normally seems to speak in Libby's name, but in this case Libby was instructed by the VP to do it himself.

2:23 -- I just got up to meet Jane Hamsher and Swopa of firedoglake.com.  Hello firedoglakians.

2:26 -- Libby is talking about himself and his assistants calling up reporters like Cooper, and he thinks he might have talked to Judith Miller.  Cathie introduces him to Cooper.  Cooper asks Libby why Wilson is claiming that his investigation was requested by the VP when the VP was denying it had.  Libby doesn't know: why would the CIA even tell Wilson that?  But then he might have heard something unofficially---but then this unofficial information would have been wrong. 

Libby somehow clearly remembers stuff in this situation.  All positive stuff about him.  Amusingly, he claims that he told Cooper that what Wilson said is only what reporters told him Wilson said.  He claims to have been very careful not to allude to knowing Wilson.

2:34 -- He talks about speaking to Miller.  It sounds like there was an allusion to Plame.  Gosh, Libby is hard to follow.  Fitz is trying to pin him down on Plame with Miller.  Now we are moving onto reporter Evan Thomas.  He is very sure that he didn't talk about Plame with Thomas.

2:39 -- We're talking about someone named Glen Kessler and his phone conversation with Kessler after Thomas.  Kessler was at the zoo with his kids.  He doesn't recall talking to Kessler about Plame.  Not with Andrea Mitchell.  And certainly not Isikoff.

2:41 -- Fitz: did you see Novakula's column before it was published?  Libby: no recollection.  Fitz: did you talk to Cheney about Wilson's trip?  Libby: probably not, don't recall, he did later, he thinks late July/August.

2:43 -- Libby is giving a sob story about his memory.  He reads hundreds of pages and can't be expected to recall everything.  That's what he has people for.

I too read a lot of stuff.  But I do remember earthshattering events.  It's hard for me to imagine Plame not being one of these, but maybe it looks different from way up there and especially in neoconland.

Recess!  10 minutes.

Go to the next post now.

Comments

[annx]

Hey, visiting from FDL - cool blog. I'm gonna poke around a little.

[Quill]

From FDL as well...good work on the live blogging...nice blog

[Tap Duncan]

Nice job, I'm glad to see another point of view from the courtroom. Thanks for going onto FDL and giving the link, now I can go to two places, even if it is only for today!! Hang Tough, bro!!

[Margot]

Great details, thanks.
(Beautiful art nouveau font on your title up there, too.)

[Canadianhoser]

Hoser...

Yup I am visiting from FDL, I never knew you existed dude/dudess....looking good so far so I will return....

Way to go fellow hoser!

[Tap Duncan]

2:43 statement- It's like saying I remember 9-11, I just don't remember how it happened?!?!

[Bionic]

Hi,
I hope you'll think about signing up at The Next Agenda, our Kos style blog for progressive Canadian politics and share your on the scene thoughts about all things Plame and whatever else you have from that fascnating list of topics you have posted.

Link in my name.

Bionic