Summation of Libby Trial for February 7, 2007

This is certainly collateral damage day for the Libby defense team. Today was the continuation of the GJ testimony audio of Libby. Here is some interesting highlight of testimony:

Fitz: How often lunch with Ari?

Libby: Seldom, was first or second time, he's busy 'cause of gaggle at 1PM

Fitz: Have you seen Ari since he left WH?

According to Ari's testimony, July 7th lunch was the first time Libby and Ari ever had lunch together and Libby ever invited Ari for lunch.

Fitz: Have you talked about this investigation?

Libby: Not that I know of. (awkward pause) Was that a strange answer?

Fitz: Yes.

Libby: Don't think I talked to him in any detail (oh, that was a lot better, thanks)

Another flip flop from Libby.

Fitz: Does VP ever ask you not to write things down

Libby: (slowly) Sometimes, once or twice over a great period time

Fitz: like what?

Libby: Something operational like a war plan

Very scary for someone who worked in a position regarding National Security matters.

After lunch, Fitz calld his final witness: NBC reporter, Tim Russert. Russert's testinomy was even comore damaging. Russert contradicts Libby's testimony in which Libby claimed that he learned Plame's name from Russert:

Fitz: How could you tell he was upset? What did he say?

Tim: "What the hell is going on with Hardball?" "I'm tired of hearing my name on the air all the time." "What he's saying isn't true."

Fitz: What did you tell him?

Tim: I said it wasn't my responsibility, so I gave him names (list them)

Fitz: At any time did you discuss the wife of Joseph Wilson?

Tim: No, because I didn't know who she was until several days later

Fitz: Did Libby ever tell you?

Tim: No.

Fitz: What would you have done?

Tim: Gotten more information from him and then discussed with my producers, would have been a significant story

And we know that Russert did testify under oath in from the NBC lawyers. On the other hand, Cheney and Bush weren't under oath and had their attorneys present when they spoke with Fitz. Here is Russert's testimony to Fitz:

Tim: I testified.

Fitz: Where?

Tim: In NBC lawyers' office.

Fitz: Under oath?

Tim: Yes.

Fitz: No further questions.

O.K. Cross examination time with the defense. Wells certainly tried to discredit Russert's testimony. Wells brought up a 2004 article in Russert's local hometown newspaper about his misrecollections of an event. Wells was skeptical of Russert's account from his testimony concerning Libby:

Wells: You have the chief of staff of the vice president of the United States on the telephone and you don't ask him one question about it?

Then Wells said: "As a newsperson who's known for being aggressive and going after the facts, you wouldn't have asked him about the biggest stories in the world that week?" Russert replied "What happened is exactly what I told you."

Wells goes on to questioned Russert's confidentialty regarding Libby's call:

Wells: You did not refuse to answer questions of FBI agent about conversation with Libby
Tim: I did talk to him, yes
Wells: You did not state that there was an understanding that the call would be in confidence
Tim: Right, because he was relaying things to me that Libby had said about the call
Wells: You talked about both sides of conversation
Tim: Repeated what he had said to give context to what I said
Wells: Similar to your GJ testimony in 2004, right?
Tim: Yes
Wells: And you did not claim any privilege of confidentiality?
Tim: I had treated the conversation in confidence, I did not report on the call.

But we are talking about a complaint over the phone from Libby and not a telephone interview.

Tomorrow, the defense will be calling Jill Abramson, the managing editor of the Times. Judy Miller was working primarily from the Washington bureau of The Times, reporting to Jill Abramson, who was the Washington bureau chief at the time, was assigned to report for an article published July 20, 2003, about Iraq and the hunt for unconventional weapons. Fitz objects. We shall see what the outcome of this witness tomorrow.