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Miller Attacks Libby in Latest Court Filing, Other Media Responses Now Filed

By Jeralyn, Section Valerie Plame Leak Case
Posted on Tue May 09, 2006 at 04:17:22 PM EST
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Bump and Update: All of the media Replies to Libby's Response to their motions to quash his subpoenas are now in. Here they are: Andrea Mitchell and NBC News; Matthew Cooper; and Time Magazine. Tim Russert is included in the NBC/Mitchell pleading.

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Original Post 11:19 am

Former New York Times reporter Judith Miller filed this response (pdf) yesterday in her attempt to quash the supboena for her notes issued by Team Libby.

Mr. Libby further maintains he will use such information "to contend that, contrary to the allegations in the indictment, it was Ms. Miller who raised this topic in her discussions with Mr. Libby -if the topic was raised at all."

....He also makes the startlingly baseless claim that it may have been Ms. Miller who mentioned Ms. Plame to him.

How does this match up with her public account of her grand jury testimony?

I told Mr. Fitzgerald I believed that before this call, I might have called others about Mr. Wilson's wife. In my notebook I had written the words "Victoria Wilson" with a box around it, another apparent reference to Ms. Plame, who is also known as Valerie Wilson.

I told Mr. Fitzgerald that I was not sure whether Mr. Libby had used this name or whether I just made a mistake in writing it on my own. Another possibility, I said, is that I gave Mr. Libby the wrong name on purpose to see whether he would correct me and confirm her identity.

I also told the grand jury I thought it was odd that I had written "Wilson" because my memory is that I had heard her referred to only as Plame. Mr. Fitzgerald asked whether this suggested that Mr. Libby had given me the name Wilson. I told him I didn't know and didn't want to guess.

The gloves are off.

Update: Jane weighs in here and Tom Maguire here.

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    Miller Attacks Libby in Latest Court Filing, Other Media Responses Now Filed | 8 comments (8 topical)
    Re: Miller Attacks Libby in Latest Court Filing, O (none / 0) (#1)
    by scribe on Tue May 09, 2006 at 10:56:52 AM EST
    They're not nearly so lovey-dovey now, are they? But, seriously, Scooter's behavior in this case reminds me of little more than a well-experienced fisherman, Fitz, fighting and landing a very large fish in constricted waters. The whopper will thrash, run, dive, head for cover, and try to throw the hook, but by careful application of gentle pressure, blocking the escape route downstream, using the current to tire him, and patient persistence, even that whopper will succumb to very light tackle. Scooter's getting his (and his donors') money's worth from the defense, but one wonders whether the money would be better spent elsewhere after making a deal.

    Re: Miller Attacks Libby in Latest Court Filing, O (none / 0) (#2)
    by Talkleft Visitor on Tue May 09, 2006 at 11:22:03 AM EST
    Not being a legal type.... but what does all this have to do with lying to investigators and obstruction? How can a judge allow such off target crap go on?

    Re: Miller Attacks Libby in Latest Court Filing, O (none / 0) (#3)
    by Talkleft Visitor on Tue May 09, 2006 at 11:29:39 AM EST
    I suspect the Judge won't allow it and will quash most of the subpoena. Libby went for the whole ball of wax rather than the middle ground, which would have been to ask the materials be submitted to the court in camera so the Judge could decide if they were helpful or relevant to his defense. I think the Judge will say that's going to far. The Judge has previously stated this case is about lying not about who leaked Plame's identity first. But, Miller is going to be a witness, so Libby has the right to impeach her and he is claiming he needs this information to do so. If Libby denied or neglected to mention discussing Wilson/Plame with Miller on June 23, July 8 or July 12, it seems to me that who told who first is irrelevant.

    Re: Miller Attacks Libby in Latest Court Filing, O (none / 0) (#4)
    by scribe on Tue May 09, 2006 at 11:58:36 AM EST
    TL: FWIW I concur in your assessment of how this motion will turn out. Libby asked for too much (not that such is bad lawyering - you gotta ask - and Judy might have played along and not moved to quash had she not gone to jail for all that time) and the Judge will not give it to him. Fitz was very careful to make this case about lying, and the way this is playing out is the proof of his skill.

    Re: Miller Attacks Libby in Latest Court Filing, O (none / 0) (#5)
    by Talkleft Visitor on Tue May 09, 2006 at 01:53:55 PM EST
    On the New York Times front I was curious why Floyd Abrams was not representing the paper in its motion to quash a Libby subpoena? Is it because of Miller testimonial issues.

    Re: Miller Attacks Libby in Latest Court Filing, O (none / 0) (#6)
    by orionATL on Tue May 09, 2006 at 01:54:51 PM EST
    there's a lot in libby's lawyers' legal actions that i don't see the point of. do lawyers ever try to set up a judge and prosecutor for an appeal down the road? would this kind of ask-for-it-all be a goodcandidate for such an effort?

    Re: Miller Attacks Libby in Latest Court Filing, O (none / 0) (#7)
    by scribe on Tue May 09, 2006 at 03:06:14 PM EST
    Orion:
    do lawyers ever try to set up a judge and prosecutor for an appeal down the road?
    The short answer is: "absolutely yes". The long answer is: "every chance you get, you make a favorable record for appeal. You make your motions and arguments with a design to get orders with favorable standards of review, and so on. Everything you do is seen through two lenses - (1) win at trial, (2) make a good record so you have a chance at winning on appeal." I can't tell you how many times I (and every other lawyer) have made arguments when the judge was cutting me off and I had to say, "please let me make my record" and the Judge said "OK". It's a given. Re:
    would this kind of ask-for-it-all be a goodcandidate for such an effort?
    Too early to tell. Like I said above - in discovery you ask and you might get lucky. You don't, you won't. IF Judy hadn't moved to quash the subpoena - which motion is totally her call - she'd have to have produced. So, she's p'd at Scooter, otherwise she would have just let him have what he wanted.

    Re: Miller Attacks Libby in Latest Court Filing, O (none / 0) (#8)
    by Talkleft Visitor on Tue May 09, 2006 at 03:14:40 PM EST
    This is my favorite passage from the Miller filing:
    Mr. Libby suggests that he will use such information "combined with information already known to the defense" to allow him to "identify who, other than Mr. Libby, may have disclosed Ms. Wilson's CIA affiliation to Ms. Miller . . . ." (Response at 14-15, emphasis added). Mr. Libby further maintains he will use such information "to contend that, contrary to the allegations in the indictment, it was Ms. Miller who raised this topic in her discussions with Mr. Libby -if the topic was raised at all." (Response at 15, emphasis in original). To the extent Mr. Libby has specific information establishing the information he demands is relevant and admissible, it is incumbent upon him to present it to the Court now, in support of his subpoena. He makes no such attempt.
    Mostly because Libby no doubt HAS evidence that impugns Judy. But he can't show it to Fitz. At least not yet.

    Miller Attacks Libby in Latest Court Filing, Other Media Responses Now Filed | 8 comments (8 topical)