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Friday :: October 28, 2005

Unanswered Questions

Update: Anyone want to take a stab at answering these:

  • Did Libby fall on his sword for Cheney? Will he go so far as to take a plea deal to prevent Cheney from being called as a witness in his trial? I don't think he knows the answer yet since he is changing or adding lawyers.
  • Did everyone else really get a pass or are they still cooperating and moved to Phase Two?
  • Is Rove really under investigation or is he just helping them nab others in Phase Two. I think Rove gives them the conspiracy charge they would love to bring. Meaning, Rove sat in on the White House Iraq Group meetings. Is he going to tell Fitzgerald that Hadley, Cheney, Libby and the rest met and decided to use Wilson's wife who worked for the CIA to discredit Wilson and his findings?


I'm still puzzled why the media doesn't seem to understand there is always a grand jury sitting. It's not a question of whether Fitz asks to convene a new one. The question is whether he will ask one of those now sitting to take over the case - and it's pretty clear to me from his press conference today that he will.

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Is Gregory Dunagan Innocent?

by TChris

Somebody shot Barkat Ali, a convenience store owner, in front of his wife. Police developed no leads until two jailhouse snitches, hoping to get their time reduced, claimed they heard Gregory Dunagan bragging about the killing.

When Dunagan went on trial, Ali's wife was asked -- three times -- if she could identify the killer. Each time, she identified someone other than Dunagan. That fact didn't bother the Texas jury that convicted Dunagan, who is now serving a life sentence.

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Joseph Wilson's Statement

Here is Joseph Wilson's statement on the Indictment. Nothing much there.

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Fitzgerald Speaks

Here is Fitzgerald's latest press release (pdf)explaining the Indictment.

Live blogging Fitzgerald's statement:

Valerie Plame's neighbors, friends and classmates had no idea she worked for the CIA. Her cover was blown with Novak's column.

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Where Are the Plea Agreements?

Only Libby was indicted. Does he have a plea deal? Where are the plea agreements Fitz made with the others? He will have a press conference in 15 minutes (2PM ET). Will he discuss them?

Will the investigation be turned over to a new grand jury?

Stay tuned.

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Libby Indicted, Resigns

Indictment In: Five Counts Against Libby: Obstruction of Justice, Making False Statements and Perjury.

Here is the Text of the Indictment via Smoking Gun. Official version from Fitzgerald which is much easier to read is here (pdf). Libby has resigned.

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12:38 ET: MSNBC: Court is in session, grand jury is in courtroom. The grand jury foreperson has handed the materials to the judge.

ABC reports Libby's boxes are packed and he will resign after the announcement.

Update: 12:24 ET: MSNBC reports the grand jury is proceeding into the Courtroom.

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Russert Speaks on His Role in Plame Case

Live Blogged: Russert speaks. Subpoenaed in May. On August 7, under oath, at his lawyers' office he was asked if he was recipient of leak, said no. Did he know of Valerie Plame's identity. No. Libby called him not to leak info but to complain about something he saw on television. Libby implied to Russert, Cooper and Miller that he was hearing info on Plame for the first time. Obviously the special counsel didn't believe that.

Russert's contact was solely that Libby called to complain about something on the cable news. He reported the call immediately to the head of NBC News. Russert's first learned of Plame when reading Novak's column.

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Indictment Day: Open Thread

Here's place to vent and register your reactions. It will remain up all day.

On a related note, if you appreciate the coverage we have provided, please feel free to use our tip page. All donations, even very small ones, help keep the site afloat.

Many of us bloggers are not getting much work done this week with PlameGate. Blogging may become full-time over the next several days. I'm sure your favorite bloggers who accept donations would all appreciate a little help this week.

Here is TalkLeft's donation page:

You don't need a paypal account. Even small contributions are most welcome.

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Thursday :: October 27, 2005

Does Rove Have a Secret Plea Deal?

As I noted earlier, the news reports on Rove are conflicting. But this statement by one "non-legal" member of his team, who I assume is the P.R. specialist Mark Carballo who signed on to Rove's team the other day, leads me to believe Rove took a deal and Fitzgerald has agreed not to announce it immediately:

A person outside the legal profession familiar with recent developments in the case said Thursday night that Rove's team does not believe he is out of legal jeopardy yet but likely would be spared bad news Friday when the White House fears the first indictments will be issued. Fitzgerald signaled Thursday he might keep Rove under continuing investigation, sparing him from immediate charges, the person said.

If they reached a deal, an Indictment is not necessary. A defendant can waive the right to be charged by Indictment and plead to an Information which is filed by the prosecutor. It's an ordinary occurrence in my district.

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Plame Grand Jury Out of Extensions

Reddhed at Firedoglake called the D.C. District Court Thursday and was told the Plame grand jury is a regular grand jury, not a special grand jury. There are umpteen media articles reporting it to be a special grand jury. Perhaps they made that assumption because Patrick Fitzgerald is a special counsel in the investigation.

Fitzgerald in this pleading(pdf) filed with the court said the grand jury was extended six months in late May, 2005 and will finally expire in October. So Friday is its final day. Special grand juries can be extended in six month increments for a total of 36 months. Regular grand juries can only be extended six months, to a total of 24 months. Rule 6(g) of the Federal Rules of Criminal Procedure:

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Conflicting Reports on Rove

The New York Times reports that Libby likely will be indicted but Rove will remain under investigation and Fitzgerald will extend the investigation. The Wall St. Journal (free link) has similar information.

The Washington Post reports Fitzgerald won't extend the investigation, and Rove still fears being indicted.

How can both be true? One possibility is that all indictments but Rove's were voted on and filed with the Court on Wednesday, and Fitzgerald agreed to wait until tomorrow to make a decision on Rove.

But I just don't see Fitzgerald extending this grand jury.

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Report: Libby Seeking New Lawyer

The Washington Post reports Scooter Libby is shopping for a new lawyer. That's not surprising, and I don't mean that as a poor reflection on Joseph Tate.

Joseph Tate is not primarily a trial lawyer. This happens frequently after Indictments. Tom DeLay added Dick DeGuerin, one of the country's best trial lawyers, after it became clear he was going to get indicted.

Here are my recomendations to Mr. Libby and anyone else in indicted by Fitzgerald:

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