Dick’s Last Resort?

“Have they done this sort of thing before? Send an amb to answer a question? Do we ordinarily send people out pro bono to work for us? Or did his wife send him on a junket?” A new court filing by Patrick Fitzgerald finds Dick Cheney fretting over Joe Wilson and Valerie Plame in his handwritten notes on Wilson’s article, further substantiating that the felonious leak likely emanated from the veep’s office…if not ordered by the vice-president himself. “Fitzgerald’s filing states that Libby learned of Plame’s name from Cheney, in the course of discussions by the vice president’s office about how to respond to a June 2003 inquiry from Washington Post reporter Walter Pincus about Wilson’s trip to Niger. Fitzgerald asserts that those conversations — and earlier ones sparked by a May 2003 column about the trip in the Times — help demonstrate that Libby’s ‘disclosures to the press concerning Mr. Wilson’s wife were not casual disclosures.‘”

No Love for Libby.

“I’m just not going to let this case turn into a judicial resolution of the legitimacy of the war or the accuracy of the president’s State of the Union address.” The verdict isn’t it yet — still, it seems Plamegate Judge Reggie Walton is not amused by the Libby defense’s recent attempts at graymail.

The Leaky Cauldron.

While Dubya and the GOP continue to smear and threaten the whistleblowers who exposed this administration’s recent egregious violations of civil liberties — the warrantless wiretaps or the secret gulags, for example — papers filed by Plamegate prosecutor Patrick Fitzgerald disclose that Scooter Libby was actually told to leak classified information to the press by Dubya and Cheney (although not necessarily the identity of Valerie Plame.) “Libby said he understood that ‘he was to tell [Judith] Miller, among other things, that a key judgment of the NIE held that Iraq was “vigorously trying to procure” uranium,’ Fitzgerald wrote.” Replied DNC chair Howard Dean today, “The fact that the president was willing to reveal classified information for political gain and put the interests of his political party ahead of America’s security shows that he can no longer be trusted to keep America safe.” At the very least, given his own penchant for selective leaking, it means Dubya is being a tremendous hypocrite every time he starts equating whistleblowers with terrorist sympathizers, and that his repeated promise to find the leakers in his administration is roughly equivalent to OJ’s hunt for the real killers. Update: ABC’s John Cochran and Salon‘s Farhad Manjoo break down the implications. Update 2: Fitzgerald makes a correction.

The Gray Zone.

“Any disclosure of the PDB beyond its intended narrow audience — the President and his most senior advisers — increases the possibility of damage to the national security.” The Libby legal team’s attempt at graymail receives a highly unwelcome reception from the CIA.

Scooter.com.

“Scooter Libby has a Web site. He’s not running for office, but the site makes it looks like he is. The lead picture on the front page shows him with Afghan President Hamid Karzai. Other snapshots portray him in soft focus and at oblique angles, the kinds of images candidates use to make themselves look more huggable.Slate‘s John Dickerson evaluates the web presence of the Libby Legal Defense Trust (put together by Scooter’s big-ticket friends), and what it tells us about Libby’s probable defense strategy.

Win one for the Scooter.

The wagons are a-circlin’: “A Who’s Who of Republican heavy hitters and Bush administration supporters are lending their names to help raise $5 million for the defense of Vice President Cheney’s former top aide in his criminal trial.”

Graymail’s Anatomy.

“The defendant’s effort to make history in this case by seeking 277 PDBs in discovery — for the sole purpose of showing that he was ‘preoccupied’ with other matters when he gave testimony to the grand jury — is a transparent effort at ‘greymail.‘” Plamegate prosecutor Patrick Fitzgerald — whose investigation is continuing — tries to put a stop to Scooter Libby’s shady defense tactics. “‘Graymailing’ — a tactic used to varying degrees by defendants in the Iran-Contra scandal of the 1980s — occurs when a government official charged with a crime demands access to large quantities of classified material in an attempt to force prosecutors either to put national security at risk by producing the material or put the prosecution at risk by allowing the defendant to argue that he can’t get a fair trial without it.

Just Following Orders.

I forgot to post this during the header hiatus, and was just reminded of it again by Supercres: On the Plamegate front, Scooter Libby testified that his “superiors” authorized the leak of Valerie Plame’s identity, meaning — undoubtedly — Dick Cheney….and someone else?

All the President’s Men.

Washington Post editor Bob Woodward testifies to the Fitzgerald grand jury about a third senior White House official involved in disclosing the identity of Valerie Plame, besides Libby and Rove. (Woodward’s statement.) This means Libby likely wasn’t the first to leak Plame’s identity, but the new info has no bearing on his perjury or obstruction of justice indictments.

For Woodward’s part, his statement and public comments about the case alternate between high dudgeon (“It was the first time in 35 years as a reporter that I have been asked to provide information to a grand jury”) and open ridicule (“When I think all of the facts come out in this case, it’s going to be laughable because the consequences are not that great.“) Mostly, he just seems cranky that he — award-winning journalist Bob Woodward! — was forced to take time away from another puff piece book on Dubya to testify about a felony in the White House. But this isn’t news. Frankly, Woodward has been embarrassing his legacy for years…almost any of his talking-head stints on Larry King illustrate that. Since at least the early Clinton years, he’s been more desirous of maintaining his high profile and insider status than in promoting good journalism or good government. (And in that, he’s reflected the trajectory of many in the newsmedia.) Update: The Post is somewhat irked.

“Big Time” Obfuscation.

“Why would an experienced lawyer and government official such as Libby leave himself so exposed to prosecutor Patrick J. Fitzgerald?…To critics, the timing suggests an attempt to obscure Cheney’s role, and possibly his legal culpability.” The Post suggests anew that, in the investigation into the Valerie Plame leak, Scooter Libby fell on his sword for Cheney. Meanwhile, National Journal‘s Murray Waas reports that Karl Rove’s fate rests on Libby’s testimony, meaning it may be some time before “Bush’s Brain” is indicted, or in the clear.