Miller’s Message

Kevin Drum questions the theory that Bennett didn’t come clean with Fitz about Libby being Judy’s only “meaningful” source, (or didn’t know that Libby wasn’t Judy’s only meaningful source) when they made the deal that she would only testify about her conversations with Libby. This rests on the fact that Miller now has a phantom source who told her about “Valerie Flame” but she can’t remember who it might have been. Kevin says:

This doesn’t sound right to me. First of all, surely something like this can’t happen in real life, can it? Bennett’s representations to Fitzgerald would be considered binding, wouldn’t they? If it turned out he misrepresented the evidence, Fitzgerald would no longer be bound by the original agreement. (Someone with experience in federal prosecutions should feel free to step in and tell me I’m wrong, but this sure doesn’t sound like something a judge would spend more than a few seconds ruling on.)

I think Kevin is right. But I’m not sure that the deal was ever as clear cut as Miller made it out to be. Bennett emphatically said that the deal was limited to the “Valerie Plame Matter” not that it was limited to Libby. Robert Bennett is a very savvy lawyer and he was very precise in his language.

BLITZER: Was the conversations you had with Mr. Fitzgerald, the special prosecutor — was her testimony limited only to Scooter Libby’s involvement in the Valerie Plame case, assuming that’s her source as we all do? Or was it — could he ask questions before the grand jury on other individuals?

R. BENNETT: I’m not going to go into her testimony before a secret grand jury, but I will say that the subject matter that we agreed to dealt with the Valerie Plame matter.

BLITZER: So in other words, it focused on that, but talk about other individuals as well?

R. BENNETT: It focused on the Valerie Plame matter.

BLITZER: That’s all you want to say about that?

R. BENNETT: That’s all I can say to you.

This does not mean that it wasn’t limited to Libby, of course. There are other reasons why Bennett might not have wanted to name Libby in that interview. But it was common knowledge that Libby was the source in question and Judy, after all, had said the day before that the agreement was to “focus on that source.” Bennett could have characterized the deal that way as well.

FRANKEN: Scooter’s lawyer has said that, had you asked, you wouldn’t have had to spend any time in jail. He would have been more than willing to give you the explicit waiver you say you now accepted.

MILLER: I was not a party to those discussions. I’m going to let you refer those questions to my lawyer. I can only tell you that as soon as I received a personal assurance from the source that I was able to talk to him and talk to the source about my testimony, it was only then and as a result of the special prosecutors’ agreement to narrow the focus of the inquiry, to focus on that source, that I was able to testify.

I still think that the real problem for Judy was that the original subpoena (pdf) said:

… on August 12 and August 14, grand jury subpoenas were issued to Judith Miller, seeking documents and testimony related to conversations between her and a specified government official “occurring from on or about July 6, 2003, to on or about July 13, 2003, . . . concerning Valerie Plame Wilson (whether referred to by name or by description as the wife of Ambassador Wilson) or concerning Iraqi efforts to obtain uranium.”

I continue to believe that Judy’s primary concern was about limiting her testimony to Plame. It was other non-Plame related conversations (with Libby or others) that pertained to the Iraq uranium claims, and perhaps even her involvement, that she did not want to be asked about. (This could be the matter of the sexed-up dossier, David Kelly’s death and the back-up claim that the questionable claim that the British had unrelated secret information about African yellowcake.)

And after looking at it again, I suspect that this passage in Judy’s mea no culpa may be a little message of her own to the powers that be — to let them know that she was a good little aspen and understood that all the roots are connected:

As I told Mr. Fitzgerald and the grand jury, Mr. Libby alluded to the existence of two intelligence reports about Iraq’s uranium procurement efforts. One report dated from February 2002. The other indicated that Iraq was seeking a broad trade relationship with Niger in 1999, a relationship that he said Niger officials had interpreted as an effort by Iraq to obtain uranium.

My notes indicate that Mr. Libby told me the report on the 1999 delegation had been attributed to Joe Wilson.

Mr. Libby also told me that on the basis of these two reports and other intelligence, his office had asked the C.I.A. for more analysis and investigation of Iraq’s dealings with Niger. According to my interview notes, Mr. Libby told me that the resulting cable – based on Mr. Wilson’s fact-finding mission, as it turned out – barely made it out of the bowels of the C.I.A. He asserted that George J. Tenet, then the director of central intelligence, had never even heard of Mr. Wilson.

As I told Mr. Fitzgerald, Mr. Libby also cited a National Intelligence Estimate on Iraq, produced by American intelligence agencies in October 2002, which he said had firmly concluded that Iraq was seeking uranium.

[…]

Although I was interested primarily in my area of expertise – chemical and biological weapons – my notes show that Mr. Libby consistently steered our conversation back to the administration’s nuclear claims. His main theme echoed that of other senior officials: that contrary to Mr. Wilson’s criticism, the administration had had ample reason to be concerned about Iraq’s nuclear capabilities based on the regime’s history of weapons development, its use of unconventional weapons and fresh intelligence reports.

That’s the standard company line, no deviations. She devotes a great deal of space in her article to relating all of that in loving detail despite the fact that she was questioned by Fitzgerald for many hours and was before the Grand Jury twice. Some important people are undoubtedly feeling a bit relieved knowing now that Judy stayed within the lines even as Fitz came dangerously close to asking about the Big WHIG Problem.

If Scooter and Turdblossom have to go down that’s one thing — revealing the true scope of the Iraq lies is another. Doing time for the GOP has become a badge of courage and it never stops anyone from finding their way back to the halls of power and making big money if they want to. As long as everybody keeps their mouths shut about the war, the family will take care of them.

I predict that there will be no trials if Fitzgerald indicts. A public spectacle in which the possibility of someone spilling the beans about the Big WHIG Problem is much too risky. I think this will be plea bargained. I’ll bet that Rove and Scooter are looking at poncho patterns as we speak.

Update: On the other hand, if Jane’s right about Ari being the Third Man, then maybe there’s a possibility for some real fireworks. He’s not a real member of the club. He was hired from the failed Liddy Dole presidential campaign. He may not be willing to fall on his sword for this bunch.

Update II: Can someone tell me where in Miller’s article she says anything that could be construed as this:

A new account of the CIA leak scandal rocking the White House suggests top presidential aides were seriously concerned about what could be seen as a dissident faction inside the US spy agency that appeared to work even behind the back of the CIA director to debunk the notion Iraq had weapons of mass destruction.

I don’t see anything that leads to a “dissident faction,” in her piece, but it does conveniently play into some on the right’s suggestion that Plame and some of her liberal spook comrades “in the bowels of the CIA” were running a rogue operation to hide all the evidence of Saddam’s WMD arsenal. (This excuse fails to acknowledge the the verified fact that there were no actual WMD found, but no matter.) I’ve assumed that it was confined to the fringe of wingnuttia, but it appears to have made it to the AP.

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