Saturday, October 29, 2005
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Everyone is focusing on the press conference to divine the next move of Pat Fitzgerald.  But like a bullfighter, he deftly avoided giving anything up that wasn't in the "four corners of the indictment."

So, how does one learn where the case might be going?  By looking at the indictment itself.  There is where Fitzgerald's work is plain for all to see.  In our media-happy world, we often forget that the law is words.

Josh Marshall has the right instinct, however.  He draws our attention to paragraphs 22 and 23 of the indictment.  I think his observations apply equally to paragraph 24 as well:

   22.   On or about July 12, 2003, LIBBY flew with the Vice President and others to and from Norfolk, Virginia, on Air Force Two. On his return trip, LIBBY discussed with other officials aboard the plane what LIBBY should say in response to certain pending media inquiries, including questions from Time reporter Matthew Cooper.    

   23.   On or about July 12, 2003, in the afternoon, LIBBY spoke by telephone to Cooper, who asked whether LIBBY had heardthat Wilson’s wife was involved in sending Wilson on the trip to Niger. LIBBY confirmed to Cooper, without elaboration or qualification, that he had heard this information too.

   24.   On or about July 12, 2003, in the late afternoon, LIBBY spoke by telephone with Judith Miller of the New York Times and discussed Wilson’s wife, and that she worked at the CIA.

Those three paragraphs stand out like a sore thumb at the end of the facts of the leak itself, especially.  Paragraph 22 is utterly superfulous to the elements of the crimes alleged to have been committed by Libby.  It mentions that there was planning amongst government officials regarding the discussion with the reporters. The next two paragraphs mention that that very same day, Libby then spoke with the reporters.  Why are the paragraphs there?  To let the other targets know that conspiracy is on the table and that they are next.  Who are they?  We know that Vice President Cheney was on the aircraft.

People, he ain't even getting started yet.

RW