The floodgates seem to have opened at WaPo, as multiple sources are beginning to paint much more complete pictures of the Fitzgerald prosecution over the last couple years, particularly the evolution of its direction. The best reporting and worst paper readership of the week tend to collide with a giant 'meh' each Saturday.
I came at this a in a circuitous sort of way, first reading the diarist's synopsis of it at Kos, but only reading the quoted section. I then moved on to Horse's Ass, which has the story today's WaPo effort builds on--the Bloomberg article indicating contradictory testimony between Rove, Libby, Cooper and Russert. Within the comments was another link, this time to the Seattle Weekly and a column by Geov Parrish.
The gist from Parrish was that because Democrats are so gleeful at the thought of taking Rove down, that's a form of tribute. And because it was tribute to his skill at being ruthless but successful, they're saying he's smart. And, in a leap farther than aides take when the President mounts some kind of personal transport, if he's smart--he must be innocent! Why? Because nobody so smart would be so sloppy as to lie to the Grand Jury!
Which, tortured as it is, makes a decent surface point. Sloppiness through complacency and arrogrance only takes you so far; at a certain point you're not sloppy if you're too complacent to create a workable alibi for your testimony. You're stupid. But that misses an equally likely scenario: that the alibi gets used and works for a while, but something you missed fills in the puzzle for them and now you've got trouble. And this is where WaPo and the Kos diarist swopa come back into the picture:
Fitzgerald has long been interested in a Time magazine article
co-written by Cooper shortly after Novak's column was published on July
14, 2003. In the article, Cooper and two colleagues wrote about the
administration's efforts to discredit Wilson and noted that some
government sources had revealed that Plame worked for the CIA.
Lawyers
involved in the case said there are now indications that Fitzgerald did
not initially know or suspect that Rove was Cooper's primary source for
the reporter's information about Plame. That raises questions about how
much Rove disclosed when first questioned in the inquiry or how closely
he was initially queried about his contacts with reporters. Rove has
testified before a grand jury and been questioned by FBI agents on at
least five occasions over the past two years.
Two lawyers
involved in the case say that although Fitzgerald used phone logs to
determine some contacts between officials and reporters, they believe
there is no phone record of Cooper's now-famous call to Rove in the
days before Novak's column appeared. That is because Cooper called the
White House switchboard and was reconnected to Rove's office, sources
said.
Also, when first questioned in the days after Plame's name
appeared in the press, Rove left the impression with top White House
aides that he had talked about her only with Novak, according to a
source familiar with information provided to investigators.
...
The sources said Fitzgerald looked surprised in the August 2004
deposition when Cooper said it was he who brought up Wilson's wife with
Libby, and that Libby responded, "Yeah, I heard that, too."
The
prosecutor pressed Cooper to then explain how he knew about Wilson's
wife in the first place, and Cooper said he would not answer the
question because it did not involve Libby, the sources said.
That
testimony contributed to a lengthy legal battle, as Fitzgerald sought
to compel Cooper to testify before a grand jury about his conversation
with the source.
That battle culminated in this series of events, from Needlenose. So here we might be seeing Rove's alibi. Because there is no direct phone record of the call, turning phone records over wouldn't pick it up. It's not clear to me whether the Novak call is or not, but since he published the conversation Fitz already knew they had called each other. Not so Cooper. And Rove knew that, and so said nothing. The alibi had worked.
But this is where sloppy and complacent may have come in: because Rove didn't do any blabbing via email, perhaps turning over email records wasn't perceived as a big deal. And since the phone records wouldn't show Cooper's call, he could play it like it never happened. But there was a record of that call, in the email he sent to Hadley, Rove reassuring him that he didn't "spill the beans to Cooper." He remembered the phone call, and that he did good--but maybe he didn't remember the crowing email to Hadley.
And this email sparked the call for Cooper. As Needlenose points out, it was only when Fitzgerald discovered that Cooper had heard it from someone in government and wouldn't say who it was, that the legal conflict began. All of a sudden, as the Judge noted, it would be highly relevant to know where Cooper had heard it if not from Libby. And he was willing to send people to jail to find out.
And so Rove and Co. skated all this time until Cooper was finally made to testify--or actually when Time outed his stuff on the company's kind behalf, and sort of forced the issue. Sure enough, it was Rove. As the Post says, either he artfully dodged the questions or simply wasn't asked the right ones. With Cooper's information, the fact that Rove was silent about it at first and then contradicted Cooper in several places, caused Fitzgerald to move from "who leaked" to "who told the truth or not."
Which brings me finally back to Horse's Ass, with a comment I must immodestly reproduce:
That’s why they’re so smart they couldn’t have done it–they thought
they had plausible deniability. Turns out they’re not, they did, and
they didn’t.
But there are still so many questions. Why is Judith Miller not talking? Is it none of the previously named players? Is he (or she!) the "some other government official" Luskin is now hedging about as a source for Rove? Is it Ari Fleischer, who may be in his own soup of hot water for some contradictory statements about whether he'd seen the infamous Memo on Air Force One enroute to Nigeria? Is it Colin Powell, who's now blowing the whistle on everybody? Was it Condi who played Haldeman and meted out the dirty jobs? Or was it Miller herself, fed by somebody like Chalabi or another entirely trusted and entirely untrustworthy Iraqi expat feeding Rumsfeld and Cheney poor intel?
Keep watching.
--TJ
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