Fitz Watch

Carol D. Leonnig and Jim VandeHei write in today’s Washington Post that the big announcement will be made on Friday.

The prosecutor in the CIA leak investigation presented a summary of his case to a federal grand jury yesterday and is expected to announce a final decision on charges in the two-year-long probe tomorrow, according to people familiar with the case.

The reporters say it is unlikely he will fake us out and extend the grand jury’s term, which expires tomorrow:

Should he need more time to finish the investigation, Fitzgerald could seek to empanel a new group of grand jurors to consider the case. But sources familiar with the prosecutor’s work said he has indicated he is eager to avoid that route. The term of the current grand jury has been extended once and cannot be lengthened again, according to federal rules.

Whenever I feel impatient, I remind myself that the wait must be torture for Karl Rove. Happy thoughts!

Even as Special Counsel Patrick J. Fitzgerald wrapped up his case, the legal team of White House Deputy Chief of Staff Karl Rove has been engaged in a furious effort to convince the prosecutor that Rove did not commit perjury during the course of the investigation, according to people close to the aide. The sources, who indicated that the effort intensified in recent weeks, said Rove still did not know last night whether he would be indicted.

And here’s another happy thought:

A new USA TODAY/CNN/Gallup poll reminded the White House of the damage the CIA leak case has already inflicted: Eight in ten people surveyed said that aides had either broken the law or acted unethically.

Over at the Los Angeles Times, Doyle McManus, Warren Vieth and Mary Curtius discuss how the White House might react to indictments.

The basic plan is familiar to anyone who has watched earlier presidents contend with scandal: Keep the problem at arm’s length, let allies outside the White House do the talking, and try to change the subject to something — anything — else.

The White House doesn’t plan to attack Patrick J. Fitzgerald, the special prosecutor in the CIA leak investigation — at least not directly, several GOP officials said. Instead, expect Bush to unveil a flurry of proposals on subjects from immigration and tax reform to Arab-Israeli peace talks.

Oh, yes, that’ll work. When the press hears the President is going to make a tax reform proposal, they’ll scamper away from the courthouse and come runnin’ to the White House.

Or maybe not.

Republicans outside the White House are pleading with Bush to act quickly and decisively if aides are indicted. “What is of most concern is that the president handle it properly — that he ask [officials who are indicted] to step down; that he not vacillate, not equivocate; that he be decisive,” said Rep. Christopher Shays (R-Conn.), a leading Republican moderate.

“Changing the subject will not work,” said David Gergen, a former aide to Presidents Reagan and Clinton. “Giving more speeches about Iraq or the state of the economy doesn’t have the weight that action does…. It’s dangerous for the country to have a disabled president for three years, and we’re getting close to seeing that happen. I worry that they [Bush and his aides] are in denial.”

And GOP pollster David Winston warned that discontent among Republicans in Congress was rising. “This is not the environment that Republicans want to run in next year,” Winston said.

The Bushies actually seem to think the story will go away.

White House officials and allies are hoping that intensive news coverage of the Fitzgerald investigation will be short-lived. On Nov. 7, they predicted, attention would shift to the Senate confirmation hearings of Supreme Court nominee Harriet E. Miers.

“Let’s say something happens in the next 48 hours,” said one official. “It will dominate the news cycle until the 7th of November. Then a new cycle begins: Harriet will be the news.”

Once the controversy begins to subside, they argued, Bush will have an opening to change the subject and call public attention to Iraq and the domestic economy, where the administration says there is good news.

“Because all this other snap, crackle and pop is occurring, it’s harder to tell the story of the progress being made on the foreign policy front and the economic front,” another strategist said. “When some of these other stories expire, it will be easier to get back on those issues.”

Others disagree.

[David] Gergen said problems went deeper than the CIA case. “This story’s going to have legs if somebody gets indicted,” he said. “I think the president has to lance the boil directly…. It starts with facing reality, accepting your share of responsibility without blinking.”

Kenneth M. Duberstein, who served as chief of staff to Reagan after his White House was shaken by a scandal over secret weapons sales to Iran, said his old boss “cleaned house and appointed…. a very strong management team. There are lessons to follow there.”

Yes, but this is George W. Bush we’re talking about. He’s not capable of facing reality without blinking, accepting responsibility, or starting over with a new team any more than pigs can fly.

Also: Congratulations to Chicago and the White Sox. The fellow pictured on the baseball card above, John Collins, played first base for the Sox ca. 1912.

Nightly News

First item–Hurricane Wilma is tearing across Florida. Hang in there, Florida!

Second item — some guy named Ben Bernanke has been tagged to succeed Alan Greenspan as Federal Reserve Chairman. I know absolutely nothing about Bernanke, but Brad DeLong says he’s a good choice. I’ll post other comments from people who know stuff about economics as soon as I find some.

Third item–tonight Patrick Fitzgerald is makin’ a list and checkin’ it twice. Pretty soon we’ll find out who’s naughty and who’s nice.

As I keyboard some guy on MSNBC is saying that Libby and Rove have bothed been advised they are in “legal jeopardy.” I think we may have heard that already.

Jason Leopold and Larisa Alexandrovna of Raw Story have posted what they call a more detailed account of how Valerie Plame was uncovered.

Those close to the investigation say that Special Prosecutor Patrick Fitzgerald has been told that David Wurmser, then a Middle East adviser to Vice President Dick Cheney on loan from the office of then-Under Secretary of State for Arms Control and International Security Affairs John Bolton, met with Cheney and his chief of staff I. Lewis “Scooter” Libby in June 2003 and told Libby that Plame set up the Wilson trip. He asserted that it was a boondoggle, the sources said.

Libby then shared the information with Karl Rove, President Bush’s deputy chief of staff, the sources said. Wurmser also passed on the same information about Wilson to then-Deputy National Security Adviser Stephen Hadley and then-National Security Adviser Condoleezza Rice, they added.

The “boondoggle” claim was bogus, of course, but it is significant because tracing how that story was spread could have provided some solid evidence into a conspiracy and who might have been part of it. Be sure to read all of the Raw Story report for the juicy details.

More proof the Apocalypse is at hand–A diarist of RedState.Org named reddstaty posted a suggestion that Karl Rove and Scooter Libby should resign no matter what; should have resigned already, in fact.

Karl Rove and Scooter Libby should both resign immediately. In fact, they should have both resigned as soon as the identity of Plame passed from their lips to the reporters they were speaking to.

It is by now pretty obvious that both Rove and Libby passed Plame’s identity to reporters (Rove to Matt Cooper and Libby to Judith Miller; we apparently still don’t know who passed it on to Bob Novak and others), knowing that it was highly likely to be printed in national newspapers and magazines (if not guaranteed, if they told enough people).

It is also pretty obvious that she was an undercover agent who was entitled to not have her identity splashed all over the pages of a national newspaper. If she was not under some kind of cover, it is not likely that the CIA would have forwarded the investigation to the DOJ, that the DOJ would have pursued the investigation as long as they did, and that the judges overseeing Fitzgerald would have allowed him to expand his investigation as quickly as they did (that is, if she wasn’t undercover, this investigation would have ended long ago).

This means that Rove and Libby outed an undercover CIA agent.

I’m sure the last thing reddstaty needs is approval from me. Commenters are giving him a hard enough time already. But I was moved. And notice the commenters can’t address specific facts, especially “If she was not under some kind of cover, it is not likely that the CIA would have forwarded the investigation to the DOJ, that the DOJ would have pursued the investigation as long as they did, and that the judges overseeing Fitzgerald would have allowed him to expand his investigation as quickly as they did.” Of course if the CIA would not have pursued this case unless the CIA believed someone had done something wrong. Makes sense.

Anyway–best antidote to the nonsense coming from the clueless rightie commenters–Media Matters Plame FAQ and the Think Progress Right-Wing Plame Myth page.

Fitzmas Eve?

It could be tomorrow, children. Will Santa Fitz bring us sparkly new indictments or lumps of coal?

Richard Stevenson and David Johnston write in the New York Times that Republicans are bracing for indictments and are getting their excuses talking points ready.

With a decision expected this week on possible indictments in the C.I.A. leak case, allies of the White House suggested Sunday that they intended to pursue a strategy of attacking any criminal charges as a disagreement over legal technicalities or the product of an overzealous prosecutor. …

… On Sunday, Republicans appeared to be preparing to blunt the impact of any charges. Senator Kay Bailey Hutchison, Republican of Texas, speaking on the NBC news program “Meet the Press,” compared the leak investigation with the case of Martha Stewart and her stock sale, “where they couldn’t find a crime and they indict on something that she said about something that wasn’t a crime.”

Ms. Hutchison said she hoped “that if there is going to be an indictment that says something happened, that it is an indictment on a crime and not some perjury technicality where they couldn’t indict on the crime and so they go to something just to show that their two years of investigation was not a waste of time and taxpayer dollars.”

As Tbogg says, “It’s not like they were out raping cattle and then setting them on fire…not that I would put it past them.”

The chief talking point seems to be that “bringing charges like perjury mean the prosecutor does not have a strong case,” write the NY Times reporters.

Hmm, let’s think. What was it the righties kept saying about the Clinton witchhunt investigations and impeachment? That it wasn’t about sex, it was about lying under oath? I do believe I remember that.

Oh, but Clinton was a Democrat lying under oath. That’s different. Sorry, I forgot. IOKIYAR.

Snarking aside, this flip flop on the severity of perjury is so hypocritical that even Michelle Malkin was bothered by it. Malkin links to a statement made by Senator Hutchison in 1999 on the Clinton articles of impeachment in which the Senator declared that lying to a Grand Jury and other acts of justice obstruction are extremely serious matters. And you’ll remember that righties everywhere took this lesson to heart–obstruction of justice is real bad. And now the GOP is saying that it isn’t that big a deal. No wonder they are confused.

And, of course, we lefties don’t forget that Clinton attempted to cover up a personal sexual relationship that didn’t make any difference to how he was running the country. The Bushies (allegedly) are trying to cover up a breach of national security.

Today the Wall Street Journal editorial pages does its job as official dispenser of GOP talking points and declares that what Patrick Fitzgerald is actually investigating is just a policy dispute. In response, World o’ Crap makes some editorial suggestions.

In the Washington Post, Walter Pincus writes that White House officials might resign if indicted. Also, Pincus writes, former attorney general Richard Thornburgh disagrees with Senator Hutchison. “If there is false testimony given or there’s an attempt to corrupt any of the witnesses or evidence that is presented to the grand jury, that’s a very serious offense because it undermines the integrity of the whole rule of law and investigatory process,” Thornburgh said.

Also in WaPo, Peter Slevin and Carol D. Leonnig write that prosecutor Patrick Fitzgerald is known for being tough and bipartisan. “…in a case with huge political stakes for the White House,” they write, “a portrait is emerging of a special counsel with no discernible political bent who prepared the ground with painstaking sleuthing and cold-eyed lawyering.”

Fitzgerald was recruited to the case in December 2003 by close friend James B. Comey, deputy attorney general to John D. Ashcroft. He was two years into a posting as Chicago’s U.S. attorney, a job he won partly because he was a seasoned outsider with no evident political agenda, qualities that inspired Comey to appoint him to a case with powerful partisan overtones.

Known for convicting Sheik Omar Abdel Rahman in the 1993 World Trade Center bombing and for compiling the first criminal indictment against Osama bin Laden, Fitzgerald is an Irish doorman’s son who attended a Jesuit high school, then Amherst College — where he was a Phi Beta Kappa mathematics and economics major — and Harvard.

He registered to vote in New York as an independent. When he discovered that Independent was a political party, he re-registered with no affiliation. Illinois citizens know him for pursuing Republicans and Democrats with equal fervor. Former governor George Ryan (R) is on trial on corruption charges, and a growing number of aides to Mayor Richard M. Daley (D) face influence-peddling charges.

Finally, via John Aravosis, we learn that Bush is getting really, really cranky. Thomas DeFrank writes in the New York Daily News:

Facing the darkest days of his presidency, President Bush is frustrated, sometimes angry and even bitter, his associates say….

…”He’s like the lion in winter,” observed a political friend of Bush. “He’s frustrated. He remains quite confident in the decisions he has made. But this is a guy who wanted to do big things in a second term. Given his nature, there’s no way he’d be happy about the way things have gone.”

Bush usually reserves his celebrated temper for senior aides because he knows they can take it. Lately, however, some junior staffers have also faced the boss’ wrath.

“This is not some manager at McDonald’s chewing out the help,” said a source with close ties to the White House when told about these outbursts. “This is the President of the United States, and it’s not a pleasant sight.” …

… Bush, who has a long history of keeping staffers in their place, has lashed out at aides as his political woes have mounted.

“The President is just unhappy in general and casting blame all about,” said one Bush insider. “Andy [Card, the chief of staff] gets his share. Karl gets his share. Even Cheney gets his share. And the press gets a big share.”…

…Bush is so dismayed that “the only person escaping blame is the President himself,” said a sympathetic official, who delicately termed such self-exoneration “illogical.”

Great men face problems with courage and fortitude. Small men throw temper tantrums and blame the help.

Anticipation

I apologize for not updating Traitorgate news yesterday, but Dan Froomkin tells you everything you need to know

The revelation du jour is from Murray Waas:

New York Times reporter Judith Miller told the federal grand jury in the CIA leak case that she might have met with I. Lewis (Scooter) Libby on June 23, 2003 only after prosecutors showed her Secret Service logs that indicated she and Libby had indeed met that day in the Executive Office Building adjacent to the White House, according to attorneys familiar with her testimony.

When a prosecutor first questioned Miller during her initial grand jury appearance on September 30, 2005 sources said, she did not bring up the June 23 meeting in recounting her various contacts with Libby, the chief of staff to Vice President Cheney. Pressed by prosecutors who then brought up the specific date of the meeting, Miller testified that she still could not recall the June meeting with Libby, in which they discussed a controversial CIA-sponsored mission to Africa by former Ambassador Joe Wilson, or the fact that his wife, Valerie Plame, worked for the CIA.

When a prosecutor presented Miller with copies of the White House-complex visitation logs, she said such a meeting was possible.

And by sheer coincidence (wink) Judy discovered her notes from the July 23 meeting–they must’ve fallen behind the sofa–and turned them over to Fitzgerald. Heh.

Dave Johnston reports in the New York Times that Fitzgerald

… is focusing on whether Karl Rove, the senior White House adviser, and I. Lewis Libby Jr., chief of staff for Vice President Dick Cheney, sought to conceal their actions and mislead prosecutors, lawyers involved in the case said Thursday.

Among the charges that Mr. Fitzgerald is considering are perjury, obstruction of justice and false statement – counts that suggest the prosecutor may believe the evidence presented in a 22-month grand jury inquiry shows that the two White House aides sought to cover up their actions, the lawyers said.

Mr. Rove and Mr. Libby have been advised that they may be in serious legal jeopardy, the lawyers said, but only this week has Mr. Fitzgerald begun to narrow the possible charges. The prosecutor has said he will not make up his mind about any charges until next week, government officials say.

With the term of the grand jury expiring in one week, though, some lawyers in the case said they were persuaded that Mr. Fitzgerald had all but made up his mind to seek indictments. None of the lawyers would speak on the record, citing the prosecutor’s requests not to talk about the case.

(Singing:

Anticipation
Anticipation
Is makin’ me late
Is keepin’ me waitin’

…)

I’m not making predictions, but you know that if Fitzgerald doesn’t bring indictments the righties are going to be insufferable. I don’t even want to think about it. On the other hand, if there are indictments, the explosion of slime and invective the Right will unleash on Fitzgerald will be awesome. The planet will not have seen the like since the Krakatoa eruption of 1883.

Here’s another interesting tidbit from the Johnston article:

But Mr. Rove and Mr. Libby may not be the only people at risk. There may be others in the government who could be charged for violations of the disclosure law or of other statutes, like the espionage act, which makes it a crime to transmit classified information to people not authorized to receive it.

It is still not publicly known who first told the columnist Robert D. Novak the identity of the C.I.A. officer, Valerie Wilson. Mr. Novak identified her in a column on July 14, 2003, using her maiden name, Valerie Plame. Mr. Fitzgerald knows the identity of this source, a person who is not believed to work at the White House, the lawyers said.

Bob “The Reptile” Novak said this of his source:

During a long conversation with a senior administration official, I asked why Wilson was assigned the mission to Niger. He said Wilson had been sent by the CIA’s counterproliferation section at the suggestion of one of its employees, his wife. It was an offhand revelation from this official, who is no partisan gunslinger.”

Make of that what you will.

They’re also anticipatin’ at the White House. At the Washington Post, Jim VandeHei and Peter Baker write “the surreal silence in the Roosevelt Room each morning belies the nervous discussions racing elsewhere around the West Wing.”

Out of the hushed hallway encounters and one-on-one conversations, several scenarios have begun to emerge if Rove or vice presidential chief of staff I. Lewis Libby is indicted and forced out. Senior GOP officials are developing a public relations strategy to defend those accused of crimes and, more importantly, shield Bush from further damage, according to Republicans familiar with the plans. And to help steady a shaken White House, they say, the president might bring in trusted advisers such as budget director Joshua B. Bolten, lobbyist Ed Gillespie or party chairman Ken Mehlman.

This is the part I found most interesting:

These tentative discussions come at a time when White House senior officials are exploring staff changes to address broader structural problems that have bedeviled Bush’s second term, according to Republicans who said they could speak candidly about internal deliberations only if they are not named. But it remains unclear whether Bush agrees that changes are needed and the uncertainty has unsettled his team. …

… Bush implicitly acknowledged the distractions in answer to a reporter’s question during a Rose Garden appearance with visiting Palestinian President Mahmoud Abbas yesterday, while reassuring the public that he remained focused on the pressing matters of state facing his White House.

“There’s some background noise here, a lot of chatter, a lot of speculation and opining,” Bush said. “But the American people expect me to do my job, and I’m going to.”

Although he’s generally disinterested in the governing thing, he may get to it any day now.

Many allies blame the insularity of his team for recent missteps, such as the Miers nomination. Even some sympathetic to her believe the vetting process broke down because as White House counsel she was so well known to the president that skeptical questions were not asked.

Some GOP officials outside the White House say they believe the president rejects the idea that there is anything fundamentally wrong with his presidency; others express concern that Bush has strayed so far from where he intended to be that it may require drastic action.

I infer that Bush is not dealing with any of this well. He’s buried his twitchy little head in the sand and hopes the bad things will go away. But indictments or no indictments, if Bush’s second term continues to go south, Capitol Hill Republicans will have to do an intervention to salvage what’s left of it.

The other information in the WaPo article that interested me is that Bush’s ever-shrinking inner circle is burning out.

Chief of Staff Andrew H. Card Jr. gets up each day at 4:20 a.m., arrives at his office a little over an hour later, gets home between 8:30 and 9 p.m. and often still takes calls after that; he has been in his pressure-cooker job since Bush was inaugurated, longer than any chief of staff in decades. “He looks totally burned out,” a Republican strategist said.

Others, including Rove, Bolten, counselor Dan Bartlett, senior adviser Michael J. Gerson and press secretary Scott McClellan, have been running at full tilt since 1999, when the Bush team began gearing up in Austin for the first campaign.

Compare/contrast with Bush, who is famous for his extensive vacations and early bedtimes. Bush must be the most well-rested President since William Henry Harrison spent his entire one month in office on his deathbed.

Update: Fitzgerald launches web site! Could it be, as Froomkin suggests, “he’s getting ready to release some new legal documents? Like, maybe, some indictments? It’s certainly not the action of an office about to fold up its tents and go home.”

Fitzgerald’s office won’t say, of course.

It has occurred to me that the Grand Silence coming from Fitzgerald must be more terrifying to the potential targets than a leakier investigation, like Ken Starr’s. If information were leaking out, the Bushies would at least have something to do; they could be busily spinning away every little drop. But there’s nothing the Bushies can do now but wait.

Semisoftball

I’ve been watching MSNBC’s Hardball this week, even though I swore off a couple of years ago. Truly, it’s better than Six Flags. There are thrill rides–Chris Matthews and guests go swooshing through the murky depths of rightie disinformation, shoot up to a brief moment of clarity, then tumble down again. Long-debunked lies and some startling actual facts are on display. Frank Rich and Amy Goodman have been recent guests, accompanied by the usual sideshow freaks–e.g., Stephen Hayes, Victoria Toensing, and the alleged “reporter” Andrea Mitchell.

What’s made Hardball worth watching is Chris Matthews’s glimmer of a clue. No, really. The owner of one of the thickest skulls on television, in Billmon’s words, “kinda sorta gets it.” From Matthews’s MSNBC “blog”:

That’s the environment in which this whole thing may have been hatched. If there was law-breaking, it came out of the vice president and his people’s determination to protect themselves against the charge that they led us into a corrupt war, a war based on false pretenses.

That’s how hot this thing is.

If there are indictments, they’re going to be probably in the vice president’s office, they’re probably going to come next week and they are going to blow this White House apart.

It’s going to be unbelievable.

I think the people watching right now who are voters better start paying attention to this issue. It’s not just about whether somebody’s name was leaked, it’s about whether we went to war under false pretenses or not, whether people knew about that or not, and what they did when they were charged against that kind of offense against the United States.

It’s serious business.

This is not to say Tweety is entirely reformed. He and his guests remain fact-challenged about many things. For example, here is Andrea Mitchell on Tuesday’s program:

MITCHELL: I don‘t know that to be the case, but what I think people need to focus on, is the overall background of what was going on back then. This was a fight—an internal fight—between the CIA and Dick Cheney. And you can‘t overstate the case of how brutal that fight over who had the right interpretation over Saddam‘s weapons was.

And in that context, when Joe Wilson went on television with us and in interviews and said he had been dispatched by the vice president, you could understand why Dick Cheney and his people probably said no, we didn‘t send him. We had nothing to do with that, because, you know, whether Wilson was told or was simply inflating his own importance, he led people to believe, he said publicly, that he had been dispatched by the vice president.

And that was clearly not the case by every bit of reporting that I have been able to do. The vice president did not know that Joe Wilson had been sent. And so when Wilson said that, that is what set into motion all of these other events because that‘s when the vice president and his staff, presumably, tried to put out the word. Joe Wilson was not our envoy.

At TPM Cafe, Larry Johnson corrects the errors:

Gee Andrea, don’t you know how to read? Here is what Joe Wilson wrote on July 6, 2003:

In February 2002, I was informed by officials at the Central Intelligence Agency that Vice President Dick Cheney’s office had questions about a particular intelligence report. While I never saw the report, I was told that it referred to a memorandum of agreement that documented the sale of uranium yellowcake — a form of lightly processed ore — by Niger to Iraq in the late 1990’s. The agency officials asked if I would travel to Niger to check out the story so they could provide a response to the vice president’s office.

Got it! He did not write that Cheney sent him. Joe Wilson isn’t lying, Andrea Mitchell is. Moreover, when Wilson appeared on Meet the Press on July 6, 2003 with Andrea, he did not say what she claims he did. Here’s the relevant portion of the transcript:

MS. MITCHELL: But, in fact, many officials, including the president, the vice president, Donald Rumsfeld, were referring to the Niger issue as though it were fact, as though it were true and they were told by the CIA, this information was passed on in the national intelligence estimate, I’ve been told, with a caveat from the State Department that it was highly dubious based on your trip but that that caveat was buried in a footnote, in the appendix. So was the White House misled? Were they not properly briefed on the fact that you had the previous February been there and that it wasn’t true?

AMB. WILSON: No. No. In actual fact, in my judgment, I have not seen the estimate either, but there were reports based upon my trip that were submitted to the appropriate officials. The question was asked of the CIA by the office of the vice president. The office of the vice president, I am absolutely convinced, received a very specific response to the question it asked and that response was based upon my trip out there.

Shocking! Joe Wilson consistently said that the request originated with the Vice President and was passed to the CIA. Don’t stop there, that is also what the Senate Select Committee on Intelligence reported in July 2004.

Be sure to read all of Larry Johnson’s post, which corrects a number of other oft-repeated falsehoods.

By the way, if you’ve got a second, please send an email to Chris Matthews with a link to the Larry Johnson article. Be polite.

Matthews’s program still suffers from a misguided attempt to create “balance” by pairing up rightes and lefties and giving both points of view equal time and equal weight even if one side is either ignorant of the facts or lying its butt off. (Most mismatched couple: Kate O’Beirne and Bob Herbert, Hardball, October 12.) As someone, I believe Eric Alterman, once said, television producers seem to think “balance” means that if someone on your program says the earth is round, you have to give the views of the Flat Earth Society equal time and respect. As if there were no such thing as objective fact. Yes, people can have diverse opinions–e.g., the potential effects of proposed tax legislation or who’s going to win the World Series. But when Andrea Mitchell misquotes Joe Wilson and calls him a liar because of something he didn’t say, and the “host” sits and lets the lie pass without correction, that’s not “balance.” And it sure as heck isn’t journalism.

Indictments or Bust

Jacob Weisberg joins the ensemble of wankers who believe the Fitzgerald grand jury is pointless. He takes his place beside veteran wankers Richard Cohen and John Tierney, of whom it can be said that putting his New York Times column behind a subscription wall is no loss. All three gentlemen argue that there’s no evidence anyone in the Bush Administration actually broke the law, ignoring the fact that no one other than the unleakable Patrick Fitzgerald and his secret grand jury have seen the evidence. But Weisberg also makes the remarkable argument that

Anyone who cares about civil liberties, freedom of information, or even just fair play should have been skeptical about Fitzgerald’s investigation from the start. Claiming a few conservative scalps might be satisfying, but they’ll come at a cost to principles liberals hold dear: the press’s right to find out, the government’s ability to disclose, and the public’s right to know.

I’ll pause and let you read that a few more times, so you can savor the full-blown, breathtaking idiocy behind that statement.

The press’s right to find out suggests an apology for Judy Miller and the New York Times. Find out what, pray tell? Even Judy’s editors were in the dark about what she was up to, but it’s clear that she was less interested in “finding out” than in protecting her own turf. Judy was not working to uncover possible misdeeds by government, but was a player in those misdeeds. She enabled the White House to lie to the American people. That’s not protected by the First Amendment, dear. (For another look at Judy, see Christopher Dickey’s web exclusive at Newsweek.)

The government’s ability to disclose
–I can barely guess what Weisberg was referring to there. Careful reading of the remainder of the article leads me to think he was referring to subpoenaing reporters because they were the recipients of government leaks. But it appears the “leaks” were not disclosures, but misinformation intended to smear a critic of the Administration. Weisberg is defending the government’s right to bully and intimidate critics into shutting up, which I don’t think was the intention of the First Amendment.

And, finally, the public’s right to know. Know what? The party line? The propaganda du jour? How about (dare I say it) facts, Mr. Weisberg? How about getting to the bottom of a government conspiracy to manipulate the press and spread disinformation in order to deceive the public into supporting a war? I’d like to know more about that, sir.

Enough of that. Other Traitorgate news–David Johnston and Richard Stevenson of the New York Times write that Patrick Fitzgerald has no plans to issue a final report. This means we’ll either get indictments or nothin’.

Raw Story
reports that John Hannah, “a senior national security aide on loan to Vice President Dick Cheney from the offices of then-Under Secretary of State for Arms Control and International Security Affairs, John Bolton,” is “cooperating” with Fitzgerald and may have cut a deal.

The New York Daily News claims that President Bush “rebuked” Karl Rove when Bush found out about the leak, two years ago. Thomas M. DeFrank writes, “Bush was initially furious with Rove in 2003 when his deputy chief of staff conceded he had talked to the press about the Plame leak.” Buzzflash speculates that this is a story that was leaked to insulate Bush from Traitorgate fallout. But if the story is true, that means Bush has been in on the cover-up. Can we say “unindicted co-conspirator”? Stay tuned.

Speaking of Karl–Judy Miller wannabe Nedra Pickler of the Associated Press reports that Rove has cancelled three appearances before conservative groups.

See also yesterday’s Murray Waas report, which takes a closer look at Scooter Libby’s involvement in the mess.

The entire Traitorgate mess, some say, grew out of Dick the Dick’s war with the CIA over WMD intelligence. As part of that war, the White House installed Peter Goss as head of the CIA a year ago. Dafna Linzer of the Washington Post reports that this is not going well.

A year later, Goss is at loggerheads with the clandestine service he sought to embrace. At least a dozen senior officials — several of whom were promoted under Goss — have resigned, retired early or requested reassignment. The directorate’s second-in-command walked out of Langley last month and then told senators in a closed-door hearing that he had lost confidence in Goss’s leadership.

The turmoil has left some employees shaken and has prompted former colleagues in Congress to question how Goss intends to improve the agency’s capabilities and restore morale. The White House is aware of the problems, administration officials said, and believes they are being handled by the director of national intelligence, who now oversees the agency.

But the Senate intelligence committee, which generally took testimony once a year from Goss’s predecessors, has invited him for an unusual closed-door hearing today. Senators, according to their staff, intend to ask the former congressman from Florida to explain why the CIA is bleeding talent at a time of war, and to answer charges that the agency is adrift.

Another amazing Bush Administration appointment. Georgie Boy sure knows how to pick ’em.

Plame On

In the past couple of days many have speculated that Patrick Fitzgerald must be looking hard at Vice President Cheney’s staff if not the Dick himself. Today in the Washington Post, Jim VandeHei and Walter Pincus confirm this.

As the investigation into the leak of a CIA agent’s name hurtles to an apparent conclusion, special prosecutor Patrick J. Fitzgerald has zeroed in on the role of Vice President Cheney’s office, according to lawyers familiar with the case and government officials. The prosecutor has assembled evidence that suggests Cheney’s long-standing tensions with the CIA contributed to the unmasking of operative Valerie Plame.

In grand jury sessions, including with New York Times reporter Judith Miller, Fitzgerald has pressed witnesses on what Cheney may have known about the effort to push back against ex-diplomat and Iraq war critic Joseph C. Wilson IV, including the leak of his wife’s position at the CIA, Miller and others said. But Fitzgerald has focused more on the role of Cheney’s top aides, including Chief of Staff I. Lewis “Scooter” Libby, lawyers involved in the case said. …

…Lawyers in the case said Fitzgerald has focused extensively on whether behind-the-scenes efforts by the vice president’s aides and other senior Bush aides were part of a criminal campaign to punish Wilson in part by unmasking his wife.

Josh Marshall writes that three points in this story stand out. First, Fitzgerald’s investigation has dug into Cheney’s running battle with the CIA regarding Iraq intelligence. Second, Fitzgerald said he would announce his findings in Washington and not in his office in Chicago; a hint that the end is at hand, perhaps? The third is this paragraph in the WaPo story:

The special prosecutor has personally interviewed numerous officials from the CIA, White House and State Department. In the process, he and his investigative team have talked to a number of Cheney aides, including Mary Matalin, his former strategist; Catherine Martin, his former communications adviser; and Jennifer Millerwise, his former spokeswoman. In the case of Millerwise, she talked with the prosecutor more than two years ago but never appeared before the grand jury, according to a person familiar with her situation.

Josh explains:

[Millerwise] was Cheney’s Press Secretary from 2001 to 2003. She then went to work on Bush-Cheney 2004. Then in January 2005 she was appointed Director of Public Affairs for the CIA. She had apparently also worked for then-incoming CIA-Director Porter Goss on Capitol Hill. And her installation appears to have been part of Goss’s effort to install Republican operatives in key positions at the Agency. Douglas Jehl, in the Times last January, called her appointment “the latest in a series of former Republican aides to be installed by Mr. Goss in senior positions at the C.I.A.”

Weaving a Tangled Web

Today’s buzz is that Patrick Fitzgerald is looking into Dick Cheney’s role in the Valerie Plame leak. Bloomberg reports:

The special counsel, Patrick Fitzgerald, has questioned current and former officials of President George W. Bush’s administration about whether Cheney was involved in an effort to discredit the agent’s husband, Iraq war critic and former U.S. diplomat Joseph Wilson, according to the people.

Fitzgerald has questioned Cheney’s communications adviser Catherine Martin and former spokeswoman Jennifer Millerwise and ex-White House aide Jim Wilkinson about the vice president’s knowledge of the anti-Wilson campaign and his dealings on it with Libby, his chief of staff, the people said. The information came from multiple sources, who requested anonymity because of the secrecy and political sensitivity of the investigation. …

… One lawyer intimately involved in the case, who like the others demanded anonymity, said one reason Fitzgerald was willing to send Miller to jail to compel testimony was because he was pursuing evidence the vice president may have been aware of the specifics of the anti-Wilson strategy.

And both U.S. District Court Judge Thomas Hogan and an appellate-court panel — including David Tatel, a First Amendment advocate — said they ruled in Fitzgerald’s favor because of the gravity of the case.

Another juicy bit:

Fitzgerald has told lawyers involved in the case that he hopes to conclude soon — the grand jury’s term expires Oct. 28, although it could be extended — and there is a growing sense among knowledgeable observers that the outcome will involve serious criminal charges. “Fitzgerald is putting together a big case,” Washington attorney Robert Bennett, who represents Miller, said on the ABC-TV program “This Week” yesterday.

World o’ Crap poses a serious constitutional question:

So, if Bush gets impeached for incompetence, Cheney resigns because he’s implicated in a conspiracy that ended up outing a CIA agent, and DeLay has stepped down as Speaker of the House House Majority Leader because of an ongoing corruption investigation, then who becomes the President? (And doesn’t the Constitution specify that, per the “Three Strikes and You’re Out” clause, that this would mean that the party in charge has to retire from the field?)

Maybe we could outsource the federal government?

Meanwhile, Kevin Drum examines a possible John Bolton connection.

Whigs in the News

Per Josh Marshall (see also Raw Story) a Wall Street Journal article provides tantalizing hints that Patrick Fitzgerald is after a much broader conspiracy than just the leaking of one agent’s name. Josh says,

“Mr. Fitzgerald’s pursuit now suggests he might be investigating not a narrow case on the leaking of the agent’s name, but perhaps a broader conspiracy.”

And then further down there’s this: “Lawyers familiar with the investigation believe that at least part of the outcome likely hangs on the inner workings of what has been dubbed the White House Iraq Group. Formed in August 2002, the group, which included Messrs. Rove and Libby, worked on setting strategy for selling the war in Iraq to the public in the months leading up to the March 2003 invasion. The group likely would have played a significant role in responding to Mr. Wilson’s claims.”

Josh explains the significance of the White House Iraq Group (WHIG).

This group was the organizational team, the core group behind all the shameless crap that went down in the lead up to the Iraq war — the lies about the cooked up Niger story, everything. If Fitzgerald has lassoed this operation into a criminal conspiracy, the veil of protective secrecy in which the whole operation is still shrouded will be pulled back. Depositions and sworn statements in on-going investigations have a way of doing that. Ask Bill Clinton. Every key person in the White House will be touched by it. And all sorts of ugly tales could spill out.

Kevin Drum reminds us of earlier indicators:

… keep in mind that Fitzgerald has been investigating the WHIG all along, ever since the first big batch of subpoenas were delivered to the White House last year. Here’s the Washington Post in March 2004:

Aides to President Bush agreed to turn over a log of a week’s worth of telephone calls from Air Force One and other records to satisfy subpoenas from a federal grand jury investigating the leak of a CIA operative’s identity, White House officials said Friday.

….The subpoenas also seek documents from July 6 to July 30 relating to the White House Iraq Group, a group of communications, political, national security and legislative aides who met weekly in the Situation Room.

… Fitzgerald has been well aware of the importance of WHIG for a long time, which is the reason such a broad group of people have been subpoenaed to testify before the grand jury already. As near as I can tell, pretty much every single person associated with WHIG has already either testified or given a deposition.

Digby links to a pdf report called “Truth from These Podia: Summary of a Study of Strategic Influence, Perception Management, Strategic Information Warfare and Strategic Psychological Operations in Gulf II,” which identifies “50 false news stories created and leaked by a secretive White House propaganda apparatus.” The author of this report, Col. Sam Gardiner, argues that it was not “bad intelligence” that got us into Iraq, Rather, the White House orchestrated a propaganda campaign to deceive the public into supporting the war.

Yeah, I know you know this already, but it’s still a big mystery to most Americans.

Digby quotes an August 10, 2003, article from the Washington Post by Barton Gellman and Walter Pincus:

This article is based on interviews with analysts and policymakers inside and outside the U.S. government, and access to internal documents and technical evidence not previously made public.

The new information indicates a pattern in which President Bush, Vice President Cheney and their subordinates — in public and behind the scenes — made allegations depicting Iraq’s nuclear weapons program as more active, more certain and more imminent in its threat than the data they had would support. On occasion administration advocates withheld evidence that did not conform to their views. The White House seldom corrected misstatements or acknowledged loss of confidence in information upon which it had previously relied

Again, none of this is news if you’re a news junkie. But most Americans remain utterly unaware of how they’ve been played. And the reason for this, as Digby says, is that news media are complicit. From the cable television bobbleheads who helped squelch meaningful debate to reporters like Judy Miller who acted as conduits for White House disinformation, the media aided and abetted the propaganda effort. Willingly? Willfully? Knowingly?

(Speaking of Baghdad Judy, Steve Soto at The Left Coaster reports that Judy Miller testified to Fitzgerald’s grand jury for just over an hour, and left all smiles. She was there “just long enough to hang someone else,” Steve says.)

Gene Lyons writes,

The indictments of several name-brand White House aides, should they materialize, would mark the effective end of the Bush administration’s ability to govern in anything but the narrowest formal sense .

What’s more , if ABC News’ George Stephanopoulos’ unnamed source is correct, and President Bush and Vice President Dick Cheney were directly involved in conversations about how to neutralize Plame’s husband, former Ambassador Joe Wilson, after he went public about false claims regarding Iraq’s nonexistent nukes, there’s no telling where things could end .

Where, indeed. AfterDowningStreet reports that “By a margin of 50% to 44%, Americans want Congress to consider impeaching President Bush if he lied about the war in Iraq.”

See also,

CIA Leak Scandal: Rove Defied Bush’s Command?” David Corn, The Nation

Libby Did Not Tell Grand Jury About Key Conversation,” Murray Waas, National Journal

Scooter Libby: Screwed, Blued and Tatooed,” Jane Hamsher, The Huffington Post

DeLay Is a King Without a Crown in the House,” Carl Hulse, New York Times

Frist Accumulated Stock Outside Trusts,” Larry Margasak and Jonathan Katz, Associated Press

Clues

Another Traitorgate crumb for all of us leftie bloggers to leap upon — an email sent by Karl Rove to Steven Hadley about Rove’s July 11 conversation with Matt Cooper. This just-discovered email is another piece of evidence that Rove might have lied to FBI agents and a federal grand jury. Whoopsie!

Michael Isikoff writes in this week’s Newsweek:

… Fitzgerald appears to be focusing in part on discrepancies in testimony between Rove and Time reporter Matt Cooper about their conversation of July 11, 2003. In Cooper’s account, Rove told him the wife of White House critic Joseph Wilson worked at the “agency” on WMD issues and was responsible for sending Wilson on a trip to Niger to check out claims that Iraq was trying to buy uranium. But Rove did not disclose this conversation to the FBI when he was first interviewed by agents in the fall of 2003—nor did he mention it during his first grand jury appearance, says one of the lawyers familiar with Rove’s account. …

… But after he testified, Luskin [Rove’s lawyer] discovered an e-mail Rove had sent that same day—July 11—alerting deputy national-security adviser Stephen Hadley that he had just talked to Cooper, the lawyer says.

In the email, Rove said he had just talked with Cooper about the Niger uranium controversy.

I liked this part:

Why didn’t the Rove e-mail surface earlier? The lawyer says it’s because an electronic search conducted by the White House missed it because the right “search words” weren’t used.

Yeah, they tried Hillary, Saddam, and garden gnome. Yet, somehow, they missed it.

Isikoff also reminds us that a hitherto-unknown Judy Miller notebook recently came to light. The notebook contained notes from a conversation Miller had with Scooter Libby about Joe Wilson and the mission to Africa; Wilson’s identity was not yet public (see timeline in this post). Emptywheel of The Next Hurrah speculates further about Judy.

Speaking of who-knew-what, eriposte at The Left Coaster has evidence that our boy JimmyJeff knew about the classified State Department intelligence memo mentioning Valerie Plame before knowledge of the memo had been made public. There’s background about this memo here.