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October 28, 2005
Miller Mystery Solved?The Volokh Conspiracy speculates-- On an entirely speculative front, Miller and Cooper might have refused to testify because they knew Libby had lied to investigators and the grand jury, and therefore knew that their testimony would directly contradict Libby's and lead to obtstruction and perjury charges. That might explain Judith Miller's reticence to believe that Libby had released her from her duty of confidentiality: Why on earth would Libby volunteer to let Miller hand over evidence that would lead to his felony conviction? Two mysteries solved, really. 1-- Why Miller wouldn't testify, despite Libby's supposed release of her to do so. (While hoping she actually wouldn't.) And 2-- Why Maureen Dowd and the New York Times despises her so. She knew that Libby didn't really want her to testify, so she tried to avoid doing so. And they wanted her to sing like a canary, baby, confidentiality of sources be damned. Makes so much damn common sense it's likely to be true. posted by Ace at 04:28 PM
CommentsWow, talk about W being tough. He must have strongarmed Scooter something vicious. "You let your lil' reporter gal sing, or else I am gonna airdrop you into south Fallujah." Rove or W or someone else must have applied the pressure because the last thing they wanted was someone to be a Nixonian obstructor of justice. I can imagine it, "Noone told you to make up some damn fool story in front of the grand jury, scoots. Nice to know ya." Posted by: joeindc44 on October 28, 2005 04:56 PM
Ok, but then why did Libby release her? Posted by: on October 28, 2005 04:57 PM
above question was to Ace, not joeindc 44 Posted by: on October 28, 2005 05:00 PM
And yet, nothing in Libby's history suggests he's dumber than a bag of hammers, so WTF?!? Posted by: S. Weasel on October 28, 2005 05:08 PM
Maybe he thought he was too clever by half. I think that any lawyer he talked to would have eventually looked up the relevent statutes and seen that the so-called crime never occurred. With that in mind, it was either tell the truth or shut up. Who knows, maybe Fitz's case is weaker than it seems. Posted by: joeindc44 on October 28, 2005 05:10 PM
He may have been gambling on her to stay mum, which, you know, he pretty much got, at least for 85 days. So it wasn't a stupid gamble. It was a reasonable gamble that, in the end, turned out to be a pretty bad bet. Posted by: ace on October 28, 2005 05:11 PM
Ace, WTF? Miller isn't even listed in charges 2 through 5. She's not Liddy's problem, IMO. Unless she told the grand jury Cooper told her way back when what Liddy told him. Too many damn TOLDs. All Liddy had to do was get fuzzy a few times. God, this case is such a frigging joke. Posted by: Dogstar on October 28, 2005 05:25 PM
Not sure you're right. Part of this swings on when Libby can be demonstrated to have started making phone calls to the press. Miller's testimony, I thought, was damaging partly because it put Libby's first phone calls months earlier than he had admitted making them. That said, I've not yet read the indictment. Posted by: ace on October 28, 2005 05:29 PM
"He may have been gambling on her to stay mum, which, you know, he pretty much got, at least for 85 days." He got for a hell of a lot longer than that. She was originally supposed to appear in August 2004. The court case took a year. I think he bet on her and Cooper winning their court case. And if not, it would be a year later and what the hell, there was no underlying crime, so maybe everyone's low opinion of perjury charges would carry the day. I think Libby and Rove both lied because they wanted the story put off until after the election. Libby had a better data trail. Posted by: Cal Lanier on October 28, 2005 07:56 PM
"Part of this swings on when Libby can be demonstrated to have started making phone calls to the press." Not really. Libby told the grand jury and the FBI that he learned of Plame's status from reporters. It's not a matter of hearsay, or his word against theirs. Not only did he talk about her status on many different occasions, he once said he couldn't talk about Plame because he wasn't on a secure line. He's nailed dead to rights on that part. Posted by: Cal Lanier on October 28, 2005 08:01 PM
Don't forget the part where Miller fucks Libby. That complicates the decision-making also. Posted by: Mr. Cussy on October 28, 2005 09:38 PM
He's nailed dead to rights on that part. Easy, big fella. This is the part where the gov gets to go on an ex parte fishing trip and see how bad it can make things look. I don't have any reason to think Fitz is doing anything but his duty, but it might be nice to let the defense open its mouth before we decide the guy is screwed. If he's guilty, he can go to jail and Jesus can stop loving him. It won't really affect much on the right and only encourages the left to keep wasting its ammo taking out individuals in a movement that has made its bones with ideas, not personalities. No big. Before all this crap, I couldn't have told you who Scooter Libby was. I suspect most people still can't. This mainly remarkable for its insignificance. Now, Gannon was another story - man, that one really hurt. Posted by: VRWC Agent on October 28, 2005 10:33 PM
If Mr.Libby lied under oath, nail him hard. He's a lawyer and really knows better. As a lawyer I want my profession held to a higher standard. We know better so we ought to behave that way. Here's my rule- See that? That's the edge. Stay back at least six feet in everything you do - nothing is worth getting close to it. Period. Posted by: Mikey on October 28, 2005 11:08 PM
GANNON WILL RISE AGAIN! How come Sandy-Docs-in-his-pants-Berger gets a slap on the wrist, and Libby is looking at 30 years hard time? Posted by: Iblis on October 29, 2005 01:05 AM
I guess we will have to wait and see with respect to Scooter. My feelings don't rise quite to the level of outrage as Mikey, but he's probably a better lawyer than I am. However, if Scoots did actually come into the GJ with a fake story, then, that's plain wrong. And he may get the Bergalar punishment, he may get 30 years, but he will probably lose his license. Either way, its a pound-me-in-the-ass prison or pound-me-in-the-ass license loss. We haven't heard his defense attorney speak yet. As some conservative talk show hosts point out, lets cross examine Russert and company. See what happens. Posted by: joeindc44 on October 29, 2005 12:39 PM
My feelings don't rise quite to the level of outrage as Mikey, but he's probably a better lawyer than I am Yep. Precognition about what the defense has would definitely qualify. Either way, its a pound-me-in-the-ass prison or pound-me-in-the-ass license loss. If it has to be a choice, sign me up for the license one. Not that there's anything wrong with the other. Posted by: VRWC Agent on October 29, 2005 09:40 PM
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