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Next Steps in Plamegate

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Guilty! Four out of five. Now what? Let's see. Will Scooter Libby be a hot date on Sadie Hawkins day once he's in the pen? He took such delight in screwing political foes, perceived and real, that he is about to discover an ancient Indian truth--Karma can be a bitch.

Then there is the civil suit Joe and Val filed against Dick Cheney, Scooter, Karl Rove, Richard Armitage and others (John Does one thru nine) for damages. If that case is allowed to move forward Joe and Val will become leaders in philanthropy akin to Warren Buffet because they will win a shit pot of money. They are not in it for the money, but by God they deserve a heaping big reward for the vile lies and smears they have endured since Cheney and his gang attacked them for daring to tell the truth about one of the White House lies behind the case for attacking Iraq. Beyond the personal damage the White House gang also ended Valerie's covert career and also did lasting damage to an extensive intelligence network. The details of that story will never be told in order to minimize the harm already done.

Although Patrick Fitzgerald indicated he has no plans to file further charges in this case, there is still work for Congress to do. At a minimum, charges of impeachment against Dick Cheney should be introduced.

The evidence presented in the trial shows beyond any reasonable doubt that Dick Cheney was organizing and leading the attack on Joe Wilson that led to Valerie's exposure. It is time for Congress, the House and the Senate, to conduct hearings on the falsified case for going to war and to look specifically at the smear campaign launched against the Wilsons. If a President can be impeached for lying about a blow job then by God a Vice President should be impeached for setting in motion the forces that destroyed an intelligence network during a time of war. Dick Cheney, Karl Rove, Scooter, Armitage, Bartlett, Matalin, and Fleischer need to be subpoenaed and marched before an investigative committee. I still want a frog march. They must testify under oath and explain how their campaign to quash the truth about yellowcake uranium was used to whip up public frenzy for an unnecessary and feckless war.

This matter goes far beyond any damage to the Wilsons and their reputations. This raises the question of whether we are a nation of laws or the mere subjects of a gang of bullies. Whatever teflon George W. Bush might have had is now completely scraped off. The debacles of Katrina, Iraq, and Walter Reed provide mountains of evidence of the incompetence and malevolence of this Administration. Now it is settled that several senior White House personnel participated in an organized campaign to smear Joe Wilson and expose his wife. There must be accountability and it is up to the Congress to do more than demand something be done. The House and Senate must act and act decisively to expose the lies of Cheney and his gang.


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Well Larry, lets just add it this one to the long laundry list here...

~OGD~

Larry-

Hearings? Civil suits? Impeachment? Frog marches?

You're getting to be such a wuss in your old age, Larry!

Now pardon me while I stir this vat of tar. While you're here, would you mind cutting up these feather pillows while I go look for a rail.......

Alphonse ( Al ) Kada
Iranians are fighting the Americans in Iraq so they don't have to fight them on the streets of Tehran

Note to Josh Marshall.

Your name is at the top of the masthead. Larry Johnson, with his jokes about prison rape, has entered Ann Coulter territory. Time to rein in the nutjobs.

"...The details of that story will never be told in order to minimize the harm already done..."

I see you added this caveat to spare your self the embarrassment of being raked over the coals again about your totally unsubstantiated nonsense about Plame being covert and subject to IIPA coverage.

When this goes to Appeal, I am going to enjoy seeing NBC getting blown apart when the lies start to criss cross. Its time DOJ files their own criminal charges on Armitage since Fitz is done kissing his ass. Even the Jury was claiming that on several occasions they looked at each other and said ...what the f***, why are we even sitting in judgement of this guy, where are the rest of them....They must be wondering what Fitz was smoking, I guess they will find out how they were left in the dark. Their hands were tied.

The real fun is only beginning. People that have had to no comment on this will now be free to get on it. I hope Wilson gets charged and sued into the poor house.

All Bush has to do is pardon Scooter and it's all over.

... until the November 2008 election.

Tom

Larry, two Senior Senators have already publicly said they want to call Libby as a witness to testify about the relationship between OVP and the DOD Office of Special Plans headed by Feith. Levin suggested a public hearing, and said he would subpoena Libby if he did not volunteer. Rockefeller's interest is a little more specific, and he suggests major testimony would be executive, with perhaps a public performance. Rocky believes the OSP is a criminal violation of the 1947 National Security Act, which gives only Congress the power to establish and create commission for an Intelligence Agency, and thus the OVP's involvement in establishing the OSP could be criminal.

I feel sure that after today Libby preversely likes being found guilty, and he will take this opportunity to ignore the subpoena, and thus get some counts of Contempt piled upon his lies and Obstruction convictions. And contempt of congress works a little like contempt of court, and just as Judy had to spend long hours in the Alexandria Jailhouse, Libby could be looking at something similar from which even a Bush Pardon might not be able to free him. Likewise, I doubt if Bush can cover him with Executive Privilege at this point. In fact I think in some wierd basement corner of the Capitol there is actually a congressionally controlled cell for the use of those being held in Contempt. Hasn't been used in ages, but maybe they could dust it off.

Did you hear that juror say, that he really thought he might even see the Vice President and maybe even the President?

Wouldn't be nice, if more charges will be filed after Bush leaves office, with no chance of pardons?

Larry predicts that the Wilson's "will win a shit pot of money" with their civil suit. Though I wasn't giving it my full attention, I heard a legal analyst on the tube yesterday suggest just the opposite: that they are going to have a tough time proving that they were damaged monetarily. That even though Ms. Plame's job standing was ruined and Mr. Wilson's integrity was smeared, because the end result was that their incomes increased from new sources, that it's going to be tough to win monetary damages.

I'd love to hear from others with legal training whether what I heard is accurate. What kind of civil suit is this? Is it about libel or what? Do they have a promising case as to monetary damages or is this the kind of thing where they get awarded $1?

TJ, your noxious and ignorant argument about Plame's status has been refuted ad naseum on other threads.

The CIA sent the case to the DOJ, and the DOJ appointed a Special Prosecuter. Since it is impossible to "leak" a name if a name is public knowledge, I guess we should trust the CIA to know what Plame's status, as a protected person was. (I would tend to trust them more than you, anyway)

The law governing this has such a high bar (it must be proven that the leaker knew and willingly gave out protected information) that it is virtually impossible to prosecute even though it is obvious to any person with more than 3 brain cells that these people knew exactly what they were doing.

That is why the leakers didn't get prosecuted; not because Plame's identity was not protected. For the last time:
If Plame was not a protected source, the CIA would have had NO justification for reporting her outing, and you can bet that John (Let the Eagle Soar) Ashcroft would certainly NOT have apointed Fitzgerald.

Since the people in the White House are free to spread any secret information that they want to, as long as they can then say they didn't know it was secret (what a law!)I guess we should all sleep better now. Maybe at least they will know that they shouldn't lie about it to an FBI agent and then to a Grand Jury...or maybe not.

Well, pardon me!

Jan Knaus

.> When this goes to Appeal, I am going to
> enjoy seeing NBC getting blown apart when
> the lies start to criss cross.

Same question as the other thread: since the appeals process focuses on issues of law, not issues of fact, how exactly do you see this happening?

sPh

BABBLE, BABBLE, BABBLE;... "not covert" "not covert" "not covert" HONK, HONK, HONK, "Clinton, Clinton, Clinton".... SPIN, SPIN, SPIN;
"No underlying case, no underlying case, no underlying case" BAWK BAWK BAWK.

If the "no underlying case" was a valid defense why didn't Libby's lawyers use it? Maybe its something they can base their appeal on.

Martha Stewart went to jail for a few of the same reasons Libby now stands convicted of, obstruction and lying to investigators, and guess what..... there was 'no underlying case' as no one was indicted for insider trading.

Ken Starr went after Bill Clinton for any number of charges, Vince Foster's death, Travelgate, Ron Brown's death, China/Satellites, rape, for which there was no underlying crime
(except in the warped minds of the wingnuts). Starr finally got Clinton on Monica.

I'm sure a case can be made that there was also "no underlying case" in the Clinton perjury fiasco.

Obviously the "rule of law" is only important when the Republicans are going after a Democrat.

I believe in the other thread you made it clear that review a case can be re-opened. Which were you referring to?

Please answer the question.

sPh

Johnson starts out right away with the prison rape jokes. Disgusting.

Why do the hardliners like TJKing always argue that Plame didn't have protected status? I've read a number of such posts, none of which contained any documation that proved she wasn't. On the other hand, the pro-Plame comments rely on the fact the CIA asked for an investigation. That supposedly proves the case because if it wasn't true, the CIA wouldn't have been asking for the investigation. OK, it convinced me but why rely on deductions to prove a point?
Plame's status has to be on file someplace. Why doesn't that settle matters? Is it that her file is still classified even after her identification? When the CIA asked for the investigation, did it identify her by name or what?
Just curious.

I'm puzzled by Rockefeller's theory. Yes, the National Security Act of 1947 established the CIA, but, for example, the NSA (or its predecessor, the Armed Forces Security Agency) was established by executive order in the early fifties. Like the National Reconnaissance Office, the very existence of the agency was originally classified, and never the subject of legislation. The Defense Intelligence Agency was largely a merger of service intelligence agency functions, done under the authority of the SECDEF.

Typically, the "big 8" in Congress and possibly the full Intelligence Committees might be briefed on the "black budget" buried in other appropriations, but I see nothing in that Act, or other history, that says Congress has sole authority to approve intelligence agencies.

--
Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

So 5 years later, it's been proven in a court of law that Libby lied to someone about something concerning the plamegate story, although Libby's lawyer claims he's completely innocent still. If we impeach Cheney for something he did in 2002, it would mean that he was left in power for 6 or 7 years before he was reprimanded. It kind of defeats the purpose of removing someone from power via impeachment although the humiliation will remain with him forever. It's still unbelievable to me how slow these rotten teeth are being pulled.

Apparently not, Jan, or otherwise LJ wouldn't be raising the white flag by hiding behind his latest excuse that its double super secret probation or whatever that nobody can know.

"..Since it is impossible to "leak" a name if a name is public knowledge, I guess we should trust the CIA to know what Plame's status, as a protected person was..."

Your logic is faulty and your statement is incorrect. The CIA did not "send" a "covert status" case or an IIPA case to DOJ. They made a referal on an unauthorized release of information.

That could have meant almost anything including a request for the DOJ to investigate why Joe Wilson was releasing information about classified documents. You have fallen into the old liberal pit of wishful thinking by quoting your legal and scientific method for defining truth and that is to find a liberal ask his wishful opinion and if "...it is obvious to any person with more than 3 brain cells..." then it must be fact.

If that is your best proof that she was covert, its pretty weak. Even Fitz and Walton won't touch that one. She wasn't covert. This has been a witch hunt from day one. Even the Jury is baffled as to what the hell was going on with Fitz's witch hunt.

Artappraiser, here's a link to the Wilson's support group website.  I think some of your questions are addressed. As I understand it, the support group is soliciting contributions to cover legal expenses now.  If there is a remedy involving a money award, those awards will be used to pay off legal expenses, and an amount equal to the contributions the support group raises will go to the Wilson's Trust to be distributed to charitable groups working for whistleblower defense issues. Anything above that will go into the Wilson's pockets, I assume.

Also, don't forget TPM Muckraker's report from last June. There's a link to a copy of the actual suit, as filed (It has since been amended to include Armitage).

Neoboho

Mr. Johnson,
I am intrigued that there is an anonymous star on the CIA's Book of Honor for an employees killed during the same time period as Plame and Brewster Jennings were outed.
I think for further accountability one of the first questions that must be answered is: was this CIA employee's death is related to the outing?
Note we don't have to know any details that may harm National Security to answer this simple question. Perhaps people such as yourself that have some knowledge of events can answer this.

Even the jurors all but admitted that Libby was a Cheney/Rove fall guy.

Good to see I'm not the only one who found the prison rape jokes offensive.

Larry, this is a serious flaw in our society. It's not a matter for humor, any more than Abu Ghraib is. I don't care what evil things Scooter Libby did; no one deserves that.

(And, fortunately, it's unlikely it will actually happen, since Libby is probably going to be sent to a federal minimum-security prison, where such events are rather uncommon.)

TJoKING- ha ha ha

Another stellar example of the intellect and truth-standards of rabid
wingnuttia.

One has to wonder how we will ever reestablish a reasonable dialogue in the public forum with foamers like TJ running loose. I suspect the best strategy of all (and the most likely to induce hopefully fatal bouts of foaming) would be to ignore and refuse to respond to their stupid, or as Jan says, "noxious and ignorant" arguments.

I mean really, what is the use of trying to reason with people who have abandoned all standards of reasonableness? Whether it's the White House "fixing the facts around the policy" or TJoKERS failing to adapt their rantings to well-established fact, we're all just talking past one another here, as if we were speaking different languages. TJoKING would never in a million years give up his fairy tale about Plame not being covert in the face of facts. And with that handy little lie he can dismiss all other consideration of what's at issue in this case.

You know how when you walk past a raving homeless person on the street and he's trying to engage you in a discussion about UFO's or something obviously beyond your perceptive abilities, outside your ken, you smile and nod and perhaps throw a couple of bucks his way out of concern for his well-being, but you resist being drawn into conversation because you know there is no common ground of understanding to be gained. In a forum like this here at TPM it might just be best to give the loonies a wide berth. Reacting to their fairy tales just encourages them and gives credence to their foaming.

Unfortunately, we have to be a little more proactive when the lying loonies occupy positions of power and control. While prosecuting Scooter is a step in the right direction, striking a small blow for truth and the rule of law (which, by the way, depends entirely upon society's commitment to establishing truth through reasonable means), it strikes me that until we who still value the truth as primary replace the liars in power, all discourse is futile, more of a tomato fight than an exchange of ideas.

There simply is no point in arguing with them unless they agree to abide by some reason-based system of judging the truth, whether it's TJKING or George Bush.

I agree with everything substantive Larry's had to say, but W. Burns and others are right -- the prison rape "jokes" are really out of line and beyond the realm of good taste. For anyone who disagrees, I'd point you to a recent report, I believe by Amnesty International, on the horrific conditions of sexual abuse rife in our prison system.

Ben Cronin

The same crowd that relished the partisan impeachment of Clinton is now calling for a pardon for Scooter Libby.

Fatuous, amoral hypocrites.

Since I don't want to actually call YOU a name, I will simply say that your last post was written by a block-head.

Jan Knaus

HRW Report on Male Prison Rape

As Aaron MacGruder might say, "Read Dummy!" Making jokes about this very brutal element of our society is stupid and offensive. Do you really want to be that guy wishing that someone gets raped? Even Scooter Libby?

Joe Wilson -- in speculating that there might be a report on his visit -- was not releasing "information about classified documents." He was an ambassador, a public official, albeit retired, and his trip was not a secret. Nor were the phoney yellow cake allegations secret, they had been written about in newspapers and debunked as the obvious forgeries everyone knew them to be.

We have a IIPA act and not an "Official Secrets" act. This is a mere talking point -- more sand in the eyes.

The CIA referral regards "disclosure of information". It does not mention Plame, nor does it mention the IIPA law. CIA sends dozens of these referrals every year and only a few make it to indictment. The argument that if CIA requests an investigation, we should just skip a trial and go straight to the electric chair based on the divinity of the Agency is truly a scary assertion coming from the left.

One place where I think you and I agree (I think), is that there should be an investigation to prove if she was covert or not. The trial is over. Why can't they say it. Fitz is negligent not to say so definitively. Not an investigation into the crime, just have congress tell us once and for all, was she or not. They won't do it, because she is not covert.


My guess is Conservatives will be arguing for the truth to come out and the left will be arguing to move on. That alone will tell you the confidence of each side about the veracity of the claim. LJ, is already mumbling that it is too secret, which is the first time he has tried this trial balloon. I think it proves he falls under the category of "please don't let the truth come out".

I know I will regret responding to JoKING but...

My guess is Conservatives will be arguing for the truth to come out and the left will be arguing to move on.

That is a good one. The truth and conservatives is like an oxymoron.

BTW the trial was not about Plame. It was about perjury and obstruction of justice.

"...Starr finally got Clinton on Monica.

I'm sure a case can be made that there was also "no underlying case" in the Clinton perjury fiasco...."

That is exactly what the left spent a year arguing. They claimed that since Paula Jones case had temporarily been thrown out, that it was not lying about a material fact, so they said not perjury so they claimed it was perfectly legal. In fact they did news magazine specials about how lying is actually good, sometimes to spare feelings or what if someone had an affair and they were sorry, why divulge it and break up a family. Lying was a saintly act back then.

Not lying was demonic in the 90s.

"...Obviously the "rule of law" is only important when the Republicans are going after a Democrat..."

When the Jones case resumed, the so called "material fact" defense was moot.

Clinton did lie. His admission of guilt resulted in his dibarrment and paying the fines.

Is that true that Starr filed rape charges against Bill Clinton for his sexual assault on Juanita Broderick? I was not aware of that.

I'd think carefully of having such an investigation, unless most of its findings were classified. The unintended consequence, were too much to get out, might reveal too much in the latter part of what is often called "sources & methods".

The lines among overt, covert, and clandestine often get blurry, as do the ways cover and deniability are constructed. From my intelligence training, a clandestine source, in principle, is just known to the US government and members of an agent network. A covert source, or covert action like "black" attacks, is known about by the other side, but is deniable and very hard to trace back to its sponsor. When a CIA officer is accredited as a diplomat, works with the government in that country, but whose activities can be denied by the Ambassador and State, that's another variant on covert.

The British have been known to handle their diplomatic cover differently. For quite some time, it was understood that the "Passport Control Officer" worked for SIS/MI6. In a few cases, people were actually listed as "intelligence officer", on the theory "if you have something to tell British intelligence, shouldn't we make it easy for you to do so?"

Still, both clandestine and covert activities need cover. Cover varies from what was called "flash alias documentation", such as a driver's license and credit cards that look real but are not in their issuers' data bases, to a fully constructed artificial identity that will stand considerable investigation. At one point, there was a CIA office called the Central Cover Staff, which handled such identities for the US government as a whole, since the methods of establishing cover are nuanced and take special skills, including forgery. Having the range of techniques used in constructing cover be public, however, could cripple human intelligence.

--
Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

If the support fund is there to help whistleblowers, is there any money set aside for Armitage or is it only for leakers that lie about the President like Wilson?

I believe it's a matter of public record that Larry is pissed about Valerie's outing, and continues to take it very personally. I'm pretty sure he's not joking. I certainly didn't read it as a joke. He's angry. Not cracking wise.

Today, Pat Buchanan, admitted Nazi-admirer, and right-wing louse next to none, asks (reasonably):

"why has the Democratic Congress, on taking power in January, not begun a broad investigation into how we got into this war?"

This is something I want to know too. And all the excuse-makers and apologists for the Democratic Party can line up and tell us how fine the Democrats in power are, and we still cannot get a meaningful investigation into the criminal actions of the Bush gang. Excuse me, but Democrats once again live up to their gutless billing.

Buchanan suggests an answer. I do not know if I buy it, but the Democrats sure act like they are either playing politics or have something themselves to hide. Here is what Buchanan says:

"This is the dog that didn't bark. And the reason the dog is silent suggests itself. The Congress, in voting President Bush the authority to take us to war against Iraq at a time and place of his own choosing, failed to do its duty by the Constitution. In October 2002, to get the issue off the table for the election and give themselves political cover against the Rovian charge they were tying the hands of the commander in chief in the War on Terror, a Democratic Senate -- Clinton, Kerry, Edwards, Daschle, Biden, Reid all assenting -- voted Bush the blank check for war that he cashed in five months later.

The dilemma a Democratic Congress faces in any investigation into whether we were lied into war is that Congress would be investigating why a Democratic Senate failed its constitutional duty to determine the necessity for war. "

Is he onto something?

Pardon doesn't really do much to the civil case. Emptywheel has lots of good analysis on this issue over at The Next Hurrah (will require some digging in the archives, but it's worthwhile).

Bush can pardon for anything relating to a particular event or for any crimes prior to the date of the pardon.

For instance, Clinton gave one such pardon to Marc Rich who among other things was a middleman for Saddam Huseein's Oil for food bribery scheme to corrupt the UN. Clinton was approached by Marc Rich's wife. Who recomended that Clinton could be easily convinced?

Marc Rich's attorney made the recommendation to Mrs. Rich. The Attorney was I. Scooter Libby.

Jokes about prison rape are much more common than the slurs of Ann Coulter and not liking either does not make them equal. Have you ever watched "CSI:Miami" or just about any other cop show in the past five years? It's rare that catching the bad guy does not involve a line alluding to prison rape.