The filleting of Tim Russert continues into a second hour this morning… the first hour focused on Russert never disclosing his gabby interview with the FBI in November 2003, either to TV viewers or in fighting a grand jury subpoena in 2004. Of special interest to the defense is why the special counsel never declared this interview to be a waiver of Russert's First Amendment claims to confidentiality, nor did they specifically agreed not to use it against Russert. This explains why the defense was saying a few days ago that they wanted to get their hands on any communication between Russert's lawyers and Team Fitz, because this should have been a topic that was negotiated about.
Wells (W): Do you remember going on TV on October 29, 2005 and saying your role in the case was very simple? (plays tape — Russert begins story with March 2004 subpoena) You made no reference to the discussions with Eckenrode in November 2003, right?
Tim Russert (T): Right.
W: Did Fitz ask you not to disclose this conversation?
T: Never spoke to Fitzgerald about it.
W: Did Eckenrode ask you in November 2003 to keep conversation secret?
T: He did — I was thinking as a journalist, wanted to address misstatement, but when he asked to keep confidential, I was bound. I did tell him I would share it with NBC counsel.
W: Did you feel bound to keep it confidential even after you were going on TV two years later to talk about the case and your experience?
T: Yes.
W: Would you concede that as a journalist, that disclosing to FBI substance of your conversation with Libby was newsworthy?
T: I did not disclose Libby's side, I just confirmed it.
W: Did you consider it newsworthy?
T: Not if it's confidential.
W: Did you ask for permission to talk about it, given all that had happened?
T: I treated it as confidential, just as I did with Libby.
W: But you talked about Libby's complaint on TV, plus fighting subpoena, etc… the one thing you didn't talk about was FBI interview. Did you ever ask?
T: That was the day after the indictment had been read, and info you mention was in public domain.
W: But NBC released a statement about your deposition before the indictment.
T: That was about the deposition.
It's 10:50am ET.
Wells (W): Do you remember going on TV on October 29, 2005 and saying your role in the case was very simple? (plays tape — Russert begins story with March 2004 subpoena) You made no reference to the discussions with Eckenrode in November 2003, right?
Tim Russert (T): Right.
W: Did Fitz ask you not to disclose this conversation?
T: Never spoke to Fitzgerald about it.
W: Did Eckenrode ask you in November 2003 to keep conversation secret?
T: He did — I was thinking as a journalist, wanted to address misstatement, but when he asked to keep confidential, I was bound. I did tell him I would share it with NBC counsel.
W: Did you feel bound to keep it confidential even after you were going on TV two years later to talk about the case and your experience?
T: Yes.
W: Would you concede that as a journalist, that disclosing to FBI substance of your conversation with Libby was newsworthy?
T: I did not disclose Libby's side, I just confirmed it.
W: Did you consider it newsworthy?
T: Not if it's confidential.
W: Did you ask for permission to talk about it, given all that had happened?
T: I treated it as confidential, just as I did with Libby.
W: But you talked about Libby's complaint on TV, plus fighting subpoena, etc… the one thing you didn't talk about was FBI interview. Did you ever ask?
T: That was the day after the indictment had been read, and info you mention was in public domain.
W: But NBC released a statement about your deposition before the indictment.
T: That was about the deposition.
It's 10:50am ET.
More on Russert's testimony.
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