I confess that I don't understand what the prosecutor is saying in this indictment. Is Libby being indicted for lying to reporters? Or for lying to investigators? Or for lying to the Grand Jury? I can't figure out what the indictment is saying he did.
How do we know Tim Russert is telling the truth--or is remembering accurately.
Also, under the section about the matters material to the Grand Jury--why is not one of the matters the question regarding whether or not Valerie Plame was a covert agent?
Update:
Orin Kerr seems to understand it.
Update:
It looks like I'm not the only one confused by the indictment. I'm in good company here:
I think the indictment stinks. You have to parse it very carefully to figure out whether Libby is accused of lying to the grand jury or the FBI, or to journalists. Go look. I finally concluded that it says that Libby lied to the grand jury (and elsewhere the FBI) when he testified that he told (Cooper, Miller or Russert) things that in fact he did not tell (Cooper, Miller or Russert).
Also here is more on her "covert" status from the same link:
Then, I entirely agree with those who have said that Fitzgerald has introduced an entirely different rationale into this process. He was supposed to determine if anyone had outed a covert operative. In this indictment, and in his press conference, he just said that her identity was classified, and so he wants to prosecute people for improper use of classified information. I expect the defense will have fun with that one. Is it criminal to say that so and so works at CIA? If so, a lot of normal people and even some journalists should be prosecuted forthwith.
Update:
Here is a response to the above:
This entire claim is simply untrue. A central prong of the Indictment is that Libby lied to the Grand Jury and to the FBI not only about what he said to reporters, but also about when and how he first learned that Wilson's wife worked for the CIA.
According to the Indictment, Libby told the Grand Jury that he first heard of Plame's CIA employment during a July 10 telephone conversation with Tim Russert, and that he was "surprised" to learn of this during that conversation (see Paragraph 32(a)(ii)) (cited Indictment paragraphs are excerpted below).
That testimony is false, alleges the Indictment, because Libby had known about Plame CIA's employment well before he ever spoke with Russert. Indeed, the Indictment lists four (4) separate occasions prior to his conversation with Russert when Libby was informed that Plame worked for the CIA ((see Paragraph 33(a)(ii)), including his early June conversation with Vice President Cheney, his June 11 conversation with a "senior CIA officer," and his June 12 conversation with an Under Secretary of State.
(HT The Corner)
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