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Appeals Court Upholds Dismissal of Plame Civil Lawsuit

The D.C. Circuit Court of Appeals today upheld the dismissal of Valerie Plame Wilson and Joseph Wilson's lawsuit against Dick Cheney, Scooter Libby and Karl Rove.

Plame and Wilson accused the four men of violating their constitutional rights by leaking Plame's identity to the media in retaliation for a New York Times opinion piece by Wilson that questioned the Bush administration's basis for going to war in Iraq.

The decision ``allows outrageous government conduct to go unpunished,'' said Melanie Sloan of Citizens for Responsibility & Ethics in Washington, a watchdog group that represented Plame and Wilson. She said the group is considering asking the full D.C. Circuit to review the case and an appeal to the U.S. Supreme Court.

Today's opinion is here.The trial court's opinion dismissing the suit is here. More background here.

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Bush Claims Executive Privilege Over Valerie Plame Leak


It's official. President Bush invoked a claim of executive privilege to prevent Congress from obtaining Justice Department interviews with Dick Cheney and others over the leak of the identity of Valerie Plame Wilson. A subpoena for the information was issued in June.

The Wilsons respond (no link, received by e-mail):

“Today the president took the unprecedented step of asserting executive privilege to thwart congressional efforts to review Vice President Cheney’s interview with Special Prosecutor Patrick Fitzgerald concerning the betrayal of Valerie Wilson’s covert CIA identity. We agree with Congressman Waxman that the position taken by the president is ludicrous.

The American people have a right to know what role the vice president played in the leak of Ms. Wilson’s covert identity for political purposes. The fact that the Attorney General is recommending the assertion of executive privilege reveals that this Department of Justice is as beholden to the White House as that run by former Attorney General Alberto Gonzales.

More...

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McClellan Testifies About Valerie Plame Leak

Former Press Secretary Scott McClellan testified today before the House Judiciary Committee about the Valerie Plame leaks investigation.

He said former White House Chief of Staff Andy Card told him that the president and vice president wanted him to publicly say that Libby was not involved in the leak.

''I was reluctant to do it,'' McClellan told the Democratic-led panel. ''I got on the phone with Scooter Libby and asked him point-blank, 'Were you involved in this in any way?' And he assured me in unequivocal terms that he was not.''

As to Cheney:

McClellan said he does not believe Bush knew about or caused the leak. When asked about Cheney, he replied: ''I do not know. There's a lot of suspicion there.''

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Libby Trial: No Verdict, Two Jury Questions

Bump and Update: Via DOJ spokesperson Randall Samborn:

The Libby jury delivered two notes containing questions when they were excused today. Both notes will be available on the public docket later today. Court will convene at 9 a.m. on Monday March 5 to address the notes.

Update: No verdict today.

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Libby Trial: Verdict Unlikely Today

A verdict is unlikely today in the Scooter Libby trial. The jurors' note (pdf) yesterday said they wanted to be excused at 2:00 pm to attend to "personal, professional and medical obligations," and the Judge granted it.

The judge thinks they will deliberate into next week. And yes, it appears they care about being dressed appropriately when the verdict is returned:

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Valerie Plame Case: New From Murray Waas


The intrepid reporter Murray Waas has a new article in the National Journal exposing what transpired at the grand jury investigating the leak of the identity of former CIA operative Valerie Plame.

In attempting to determine Libby's motives for allegedly lying to the FBI and a federal grand jury about his leaking of Plame's CIA identity to journalists, federal investigators theorized from the very earliest stages of the case that Libby may have been trying to hide Cheney's own role in encouraging Libby to discredit Wilson, according to attorneys involved in the case.

Key among the details is the July 12, 2003 plane trip that Cheney, Libby and Cheney aide Cathie Martin took to Norfolk. I wrote some extensive posts on it here and here.

Murray theorizes, as have many others, myself included, that Libby may have lied to the grand jury to protect Cheney. Murray writes that a senior official has confirmed to him in an interview:

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