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Libby : Fitz Learned Novak's Source in Feb. 2004

By Jeralyn, Section Valerie Plame Leak Case
Posted on Sat Apr 01, 2006 at 05:01:01 AM EST
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There's a new filing in the Lewis "Scooter" Libby case. Tom Maguire has posted it here (pdf). It's a reply to Fitz's response to Libby's Motion to Dismiss the case on the grounds that (shorter version) Fitz' appointment as special counsel violated the federal appointment statute and the Constitution because he was not being supervised by the Attorney General. Pete Yost of the AP has more on the filing here.

The most interesting statement in the filing is the one that states Fitzgerald only recently disclosed that two months after his appointment, around February, 2004, he learned the identity of Robert Novak's source for his July, 2003 column outing Valerie Plame. However, the citation provided by Libby's lawyers is page 17 of Libby's Memorandum brief (pdf) in support of his original Motion to Dismiss.

I have searched through Fitzgerald's pleadings and affidavits and cannot find anything disclosing that Fitz knew Novak's source that early. I'm hoping some other Plame-a-holics will have better luck. One other reference may be contained in Exhibit E, a heavily redacted affidavit of Patrick Fitzgerald (although not explicitly.)

If it's true, which I assume it is, because Libby has quality, ethical lawyers, is it something that was disclosed to them in discovery that hasn't been made public? Why are they disclosing it? What does it mean in terms of the overall investigation?

One other note: Libby may have excellent lawyers, but their writing is so old school -- it makes your eyes glaze over. Compare their writing to either the Government or the defense lawyers in Moussaoui. The degree of legalese that Libby's lawyers resort to is completely unnecessary. One example from Libby's latest filing:

Although Section 510 permits "delegation of any function of the Attorney General" 28 U.S.C. Section 510 (emphasis added), the Supreme Court has repeatedly cautioned that the use of the word "any" in a statute does not necessarily mean "any."

You don't have to be a lawyer or play one on tv to know that even if this is a valid point, there's a better way to say it.

Update: Christy at Firedoglake analyzes Libby's motion and briefs and concludes it won't prevail.

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    Libby : Fitz Learned Novak's Source in Feb. 2004 | 3 comments (3 topical)
    Re: Libby : Fitz Learned Novak's Source in Feb. 2 (none / 0) (#1)
    by Tom Maguire on Sat Apr 01, 2006 at 06:13:28 AM EST
    I am baffled as well, but there is this - on p 17 of the original Motion to Dismiss (p. 24 in the .pdf file), Libby's teams says that: ...It now appears that Mr. Fitzgerald leanrned less than two months after he was appointed exactly who disclosed Valerie Plame Wilson's CIA status to Robert Novak. That does not say "February", but the timing is right. Among the many unanswered questions - upon what did the defense base that? From this filing, they got transcripts of many reporters testimony, a redacted transcript about Woodward, other stuff (some of which was redacted from the memo explaining what they got) - what is going on?

    Re: Libby : Fitz Learned Novak's Source in Feb. 2 (none / 0) (#2)
    by Talkleft Visitor on Sat Apr 01, 2006 at 10:17:40 AM EST
    That is not a reason to dismiss charges of perjury and obstruction, which is what Libby's up for. Did he lie? Didi he misdirect and otherwise obstruct? Tune in for the trial.

    Re: Libby : Fitz Learned Novak's Source in Feb. 2 (none / 0) (#3)
    by Dadler on Sat Apr 01, 2006 at 01:21:10 PM EST
    Little tiny men, with little tiny d*cks. Stand up and take on the charges, don't try to get off on some tangential technicality. That is, I think, what the reaction to this will be by the public if they even care to react.

    Libby : Fitz Learned Novak's Source in Feb. 2004 | 3 comments (3 topical)