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Step Right Up: What Fitzy Wants to Know Email Print

By Pachacutec
10/31/2005 09:23:58 AM EST

Patrick Fitzgerald, in his press conference on October 28, made clear what kind of testimony he still seeks.

As others have written, including emptywheel at The Next Hurrah, the indictment itself was written to signal to others of interest that Fitzy already has a lot of information, and a lot of witnesses.  What's more, it's likely that he is (think Don Adams here as Maxwell Smart) this close to bringing a conspiracy indictment.

But during his press conference, Fitzy told all concerned exactly what he wants to know, putting everyone involved in this conspiracy into a clasic prisoner's dillemma situation.

More on the flip.

Here's what Fitzgerald said in his press conference:

In this case, it's a lot more serious than baseball. And the damage wasn't to one person. It wasn't just Valerie Wilson. It was done to all of us.

And as you sit back, you want to learn: Why was this information going out? Why were people taking this information about Valerie Wilson and giving it to reporters? Why did Mr. Libby say what he did? Why did he tell Judith Miller three times? Why did he tell the press secretary on Monday? Why did he tell Mr. Cooper? And was this something where he intended to cause whatever damage was caused?

In other words, anyone who has the answer to those questions can get the best deal from the prosecutor.  Scooter?  Rove?  Hadley?  Miller?  Anyone?

Now, all the players must trust their co-conspirators to shut the hell up.  Now, I would not want to trust any of these people not to sell me out, but that's just me.  That's the prisoner's dilemma.

My guess is that, as we speak, the attorneys for all of the above, and perhaps for others, are trying to work out the most favorable deal options for their clients, hoping not to get in too late before Fitzy is through dealing discount specials.

The answers to those questions above, with corroborating evidence, will help Fitzy nail down the inside details of the conspiracy and open his options under the Espionage Act, and perhaps the IIPA, if he chooses to pursue it.  The other option rumored is that Fitzy will prosecute for a conspiracy to violate and deprive the Wilsons of their civil rights.

A big finger in the wind on all this will relate to how well Cheney's public support holds up.  Over the weekend, we have seen the GOP machine and the establishment pundits speak as if the investigation is over and no one else is in any danger.  But the more people begin to throw Cheney under the bus, the less likely he is to weather the storm.  If any of the concerned players think that they ultimately cannot save Cheney, then they will move to save themselves, and all bets are off.

The PR war over Cheney's role and his legitimacy is now the proxy war over whether or not anyone will come forward to answer Fitzy's questions and send him back to his bed in Chicago:

Why was this information going out?

Why were people taking this information about Valerie Wilson and giving it to reporters?

Why did Mr. Libby say what he did?

Why did he tell Judith Miller three times?

Why did he tell the press secretary on Monday?

Why did he tell Mr. Cooper?

And was this something where he intended to cause whatever damage was caused?

Yes:  I see a hand in the back row.  Your answer, please?

 


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Step Right Up: What Fitzy Wants to Know | 10 comments (10 topical, editorial, 0 hidden)
Great Post (4.50 / 2)
I hadn't thought of Fitzmas from the Prisoner's Dillemma angle. The best bet for those under the bus would be to keep quiet, as you point out.

I'm not sure about Miller and Hadley, or Rove for that matter, but I would have put money on Scooter choosing silence IF Fitzy had not already rejected a plea bargain in favor of "Serious Jail Time".

I think there is a way of adding that variable into the PD if someone knows how.

It seems like "Serious Jail Time" should put "Singing like a Canary" closer to the discount specials on the  table.

And then, of course, as we are reminded, there's always that very special Patriot Act to consider.

So much thinking to do....so much time involved.

Gotta love it

All it takes to fly is to hurl yourself at the ground... and miss. (Douglas Adams)

by scoophound on 10/31/2005 04:13:34 PM EST

I am really hoping these jerks get caught up in (none / 0)
the Patriot Act.  It would serve them right.  I wonder how they feel about being locked up in a secret place until Fitz gets tired of keeping them.

by macmcd on 11/01/2005 08:09:34 PM EST

[ Parent ]
Excellent, Pach... (none / 0)
...and I know that you are an expert Plamologist, having logged more time at Firedoglake than anyone on the planet.

I'm thinking that Fitz is grateful to have the spotlight off this for a while.

It will be interesting if he moves forward or he's really looking to close shop on the indictments and see what comes out with a trial.

I DO believe his office is VERY active at the moment.

The Albany Project. The best damned blog about New York State politics.

by NYBri on 10/31/2005 02:02:18 PM EST

Don't Know Much about History... (none / 1)
... But I know some about tech-nol-o-gee.

"Now, all the players must trust their co-conspirators to shut the hell up.  Now, I would not want to trust any of these people not to sell me out, but that's just me."

And I can't help thinking about how the Patriot Act is probably biting these guys in the ass, as we speak.

Fitz:  How're those wire taps going, guys?

CIA:  They've been nervous as a bunch of long-tailed cats in a room full of rockers, sir. We've got over 200 hours of digital talk from the bad guys since your press conference on Friday.

Fitz:  Anything good?

CIA:  Oooh yeah. The transcripts are on their way to your office.

Gee, the Neocons were right! The Patriot Act really did come in handy.


It's okay to be a sheep, but not at the wheel.

by Pluto on 10/31/2005 02:09:29 PM EST

Is it possible... (4.50 / 2)
...that the Patriot act has already been used in this case?  One of the most damaging allegations, IMHO, in the indictment is that of paragraph 13, where Libby's telephone conversation with his Principal Deputy is discussed, and he tells him not to spread the "Valerie Wilson is CIA and she sent her husband" line to the press for fear of "complications."  He then tells him that we'll discuss this later since the telephone line isn't secure.

Assuming Libby obviously didn't volunteer this info (and it's not likely to be in his notes), how does Fitzgerald know this?  It's possible the Principal Deputy (whomever he is, Hannah? Edelman?) has flipped, but how likely is this?  Do we even know if they've been subpoenaed?  What crime could they be charged with?

It would just be irony of ironies if this was included just to put everyone on notice that, yup, we're tapping your phones, and look what kind of really good dirt we can get.

Even if not true, it's gotta ratchet up the prisoner's dilemma paranoia.  Oh, boy, crack out the game theory folks, it's gonna be fun.

Here's the other question.  Assuming this is as high stakes as it gets (and with Big Time involved, it wouldn't surprise me), how can you as Patrick Fitzgerald offer protection to a cooperating witness?  How can you make sure any testimony is conducted in secret without anyone else finding out?  The Witness Protection program is run out of the DoJ, folks.  Do you really trust Abu Gonzalez not to "inadvertantly" leak protected witness whereabouts and identities?  Or is the information there also "need to know" like the CIA and well-compartamentalized?

Heh, or is there a "central" witness protection program we don't know about?

by viget on 10/31/2005 05:36:41 PM EST

[ Parent ]
Ya Gotta Know (none / 0)
The minute we put the Patriot Act on the table -- all your rights flew south to Argentina for the winter.

Isn't it fascinating, though, how the chickens come home to roost -- every single time?

Of course, it all bubbles up from the volcano of hypocrisy -- which nobody does better than the US and its pathetic sheeple.


It's okay to be a sheep, but not at the wheel.

by Pluto on 10/31/2005 10:26:35 PM EST

[ Parent ]
What happens on Thursday? (none / 0)
Are Libby's options constrained at all when he appears (if he appeears) at the arraignment? I assume he can approach Fitz at any time if he has a change of heart and wants to roll on Cheney. So my impression is that Thursday has no meaning to Fitz, but it represents more damage to the administration to have media coverage of a WH figure showing up in court.

Could Fitz also be daring/monitoring the members of the administration to see if they attempt to coordinate a response with Libby, in possible contradiction of the advice of WH Counsel?

Just throwing these out there. I'm content for the next round of indictments to come down in September of 2006, right after Labor Day, when voters are making up their minds which touch screen machine to waste their votes on.

by mrblifil on 11/01/2005 12:59:12 PM EST

Thursday (none / 0)
From a legal perspective, Thursday's arraignment is ritulistic and pro forma.

Libby has the charges read to him, is asked if he understands the charges, introduces his counsel to the Court and enters a plea.  

Then bond is set, he is booked and fingerprinted in an office someplace, he smiles for the camera (can he outsmile Delay?  That will be fun to see him try).

As for communications between Libby's attorney and Fitzgerald, where any real action is, that can occur any time.  Libby seems to be overhauling his legal team (can't blame him - Tate sucked), and so his new criminal attorney will just be getting up to speed and will no doubt begin conversations with Fitzy's office, just to catch up, establish rapport and set the stage for the eventual deal to be struck.

I say eventual deal because most criminal indictments settle.  And in this case, the administration does NOT want all those witnesses called and deposed for a trial.  More perjury traps everywhere.  

But how it settles without Libby giving up the conspiracy, I just don't know.

As for message coordination with the White House, Libby won't say a damn word.  I doubt his attorney will make any public statements, either.  His attorney should represent Libby with the goal to minimize or eliminate his legal jeopardy, and will not entirely hitch his wagon to the White House.

Libby's new attorney's job is to keep Libby out of legal trouble, not save the White House - unless Libby hires someone whose movement conservative credentials are so entrenched that his atttorney will repressent Libby on paper but be a bought product by the party.   That's possible, if the legal pills are being paid by someone like, for example, Richard Mellon Scaife, under cover of many foundations and laundering parties to hide the source of the funds.

But I don't expect any message coordination in front of microphones.  Leaks and unsourced quotes are another matter.  Libby's team has to make an assessment, to see if its interests converge with those of the White House, and that assessment will likely be evaluated and reevaluated continuously.

We are not "compassionate conservatives." We are fighting liberals. And we'll kick your ass.

by Pachacutec on 11/01/2005 03:40:08 PM EST

[ Parent ]
The Harriet Miers Angle (none / 0)
Helping these guys out, from a PD perspective, was the high value Bush always placed on loyalty.  I can't help but think that his swift, "Now you see her/Now you don't" abandonment of Harriet Miers just has to be altering the calculus in lots of people's heads.

You know the ones I mean.

Rachet up the pressure. Throw a wrench in the machine.

"Be realistic. Demand the impossible!" --Wall poster from the 1968 Paris Uprising

by Paul Rosenberg on 11/01/2005 05:33:21 PM EST

heh (none / 0)
good point!

We are not "compassionate conservatives." We are fighting liberals. And we'll kick your ass.

by Pachacutec on 11/01/2005 07:45:10 PM EST

[ Parent ]
Step Right Up: What Fitzy Wants to Know | 10 comments (10 topical, 0 editorial, 0 hidden)
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