Month: October 2005

No Hero

Now that Tim Russert has finally told his story — and it appears to be central to the case — a lot of people are saying that we owe him an apology for giving him grief.

While I certainly agree with Atrios that this notion of default confidentiality any time you speak to a government official is mind-boggling (and I give Russert some credit for not being a total Bush toady on this) but I don’t think Russert gets any kudos for his behavior. I know that Fitzgerald asked him to keep quiet, but I don’t think it’s any more ethical for a reporter not to report what he knows for that reason, than if he kept quiet because he allowed Scooter to assume that he had confidentiality. There is no secrecy required for Grand Jury witnesses and there certainly is no secrecy required for discussions with the prosecutor. Where there is no secrecy required, which should be a little as possible, reporters should report. We are all better off if these people don’t go around deciding whether the government is doing the right thing by keeping secrets. We the people are the government and we have a right to know.

NBC put put out a lawyerly press release which turns out to be pretty much the extent of Russert’s testimony. In the context of the case it became ripe for parsing, using such words as it did about”the name” and the word “operative” which had been discussed in great depth in the context of Novak’s column. By never clarifying what he meant by those words — by never ever even addressing them — he allowed misconceptions and speculation to simmer for months. He failed in his job as a journalist by not clearing that up.

But Russert’s biggest crime was consistently discussing this case, and grilling those involved, without ever mentioning his own involvement. For two years he has been reporting this story and leaving out relevant information (as it turns out extremely relevant information) about this case. He grilled Joe Wilson like a criminal, he never challenged the Vice president, he had Bob Novak right in front of him and he talked about the case and speculated grandly while never (except in one very bizarre instance) coming clean about what he knew.

Here’s the one bizarre instance from July 25, 2005:

MR. GREGORY: … There’s a political problem and then potentially a legal problem because I think what the special prosecutor is looking at right now is who might have actually blown Valerie Plame’s cover, or did somebody lie, in their testimony, about their conversations with reporters? The White House defense has been that they learned about Valerie Plame from reporters. There is now information, including a classified State Department memo, that may contradict that. There at least is the potential that White House officials were aware of who she was, what she did and her role in sending her husband, Ambassador Joseph Wilson, to Niger to investigate this uranium-Iraq thing.

MR. RUSSERT: There has to be an original source, somebody.

MR. GREGORY: Yes.

MS. TOTENBERG: Right.

MR. RUSSERT: Even if it came from a reporter…

MR. GREGORY: Right.

MR. RUSSERT: …the reporter got it from someplace.

MS. TOTENBERG: Right. And…

MR. RUSSERT: But I was asked what I said. I did not know.

I have no idea what he meant by that, but it certainly didn’t inform the discussion. (And, of course, nobody followed up. Russert is godhead.)

Unless Russert had an explicit legal obligation to stay quiet, he should not have done it. His job is to inform the public of what he knows, period. By not clearing up the press release and speaking up in various roundtables and interviews he passively misinformed the public for months.

The bottom line is that a reporter’s obligation is not to the government, it’s to his readers or viewers, whether the government is represented by Scooter Libby or Patrick Fitzgerald. They are the Fourth Estate, empowered by a heavy duty constitutional right — freedom of the press, which was not put in the bill of rights so that reporters could get delicious gossip about people with whom they socialize along with their tasty official propaganda. It also wasn’t put into the Bill of Rights so that they could help prosecutors. Our democracy will not function if they do not operate in a separate sphere of responsibility from the government they cover.

I’m reminded of this little exhange between Russert and the Dean from a few months back:

Russert: David Broder, explain to our viewers what you have observed, and why journalists have this code where they simply will not divulge their sources.

Broder: The principle is pretty simple. It is the government’s responsibility to keep the government’s secrets secret. It is not the press’ responsibility. Our inclination, once we have information, is to try to verify it, to amplify as much as we can, the background and the context. But our basic obligation, then, is to share information with the public.

It seems that many members of the Washington press corpse believe that the story stops with printing what their favored confidential sources feed them. Then they go back for more. They’ve been doing this for a long time and the result has been a disasterous kind of incentuous amplification of the political establishment’s efforts to guide the discourse in the direction they choose.

In this case, even after all this manipulation and lying on the part of the administration, even blaming reporters for their own misdeeds and using the threat of betraying omerta to silence them, the press is still serving as little more than conduits for the target’s lawyers’ public relations roll out. Their reporting on the underlying issues about the war is perfunctory at best, thrown in at the end of each article like so much filler, and calling it “context.”

I heard John Dean last night on Keith Olbermann make an interesting claim: that the Nixon administration as part of their Stonewall Defense had wanted the case to be investigated in the Grand Jury because of the secrecy requirement. (Remenber Nixon’s famous words on the tape: “I want you all to stonewall it, let them plead the Fifth Amendment; cover-up or anything else, if it’ll save it; save the plan.”) Dean said that if congress hadn’t investigated Watergate, it would have died behind the wall of Grand Jury secrecy and the facts behind this case may die there too.

However, there was at the time, some intrepid reporting taking place as well, some of which was aggressive interviewing of reluctant Grand Jury witnesses — former employees of CREEP and the like. Reporters worked hard to get them to tell their tales and it was the constant revelations coming out in the Washington Post, informed by Mark Feldt but reported with shoe leather investigative work, that propelled the congress to act. Today, we have reporters who are actually part of the story refusing to tell their tales all because they are protecting, in one way or another, the government.(Andsadly, one of the reporters involved in that story is now a total whore for the Bush administration.)

This is one of the most perverse aspects of this entire story. The culture of Washington has become so insular that reporters are in the business of protecting the government’s secrets on a constant basis. (The only secrets they refuse to keep are lurid tales of people’s private sex lives.)

I’m glad that Fitzgerald was able to make a perjury case against Scooter Libby, since he is obviously covering up something bigger than gossip or he wouldn’t have done something so uncharacteristically dumb.(“Stonewall it, let them plead the Fifth Amendment; cover-up or anything else, if it’ll save it; save the plan.”) He deserves to be prosecuted. But I can’t help but wonder how I would look at this if the prosecutor were Ken Starr and Tim Russert had helped him rather than do his job.

Oh wait, I forgot. He did.

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It’s All Good

With yesterday’s indictment of Vice President Cheney’s top aide, President Bush’s administration has become a textbook example of what can go wrong in a second term. Along with ineffectiveness, overreaching, intraparty rebellion, plunging public confidence and plain bad luck, scandal has now touched the highest levels of the White House staff.

Read the whole thing. When you see it all together you realize just how much trouble this administration is in.

Best Quote:

Noting that Clinton’s approval ratings remained above 60 percent throughout the impeachment battle, while Bush’s are in the low 40s, Podesta said, “When Clinton said, ‘I’m going back to do my work,’ people cheered,” Podesta said. “When Bush says, ‘I’m going to do the job I’ve been doing,’ people say, ‘Oh, no.’ “

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Shaken Not Stirred

To those who want to trivialize these perjury and obstruction charges against Scooter Libby, I would just suggest they take a quick look at the report that was filed publicly by Kenneth Starr against President Clinton (and which served as the basis of an impeachment in the House of Representatives.) Here’s a little excerpt in case you’ve forgotten what a restrained and dignified legal document it was:

According to Ms. Lewinsky, she and the President had ten sexual encounters, eight while she worked at the White House and two thereafter. The sexual encounters generally occurred in or near the private study off the Oval Office — most often in the windowless hallway outside the study. During many of their sexual encounters, the President stood leaning against the doorway of the bathroom across from the study, which, he told Ms. Lewinsky, eased his sore back.

Ms. Lewinsky testified that her physical relationship with the President included oral sex but not sexual intercourse. According to Ms. Lewinsky, she performed oral sex on the President; he never performed oral sex on her. Initially, according to Ms. Lewinsky, the President would not let her perform oral sex to completion. In Ms. Lewinsky’s understanding, his refusal was related to “trust and not knowing me well enough.” During their last two sexual encounters, both in 1997, he did ejaculate.

According to Ms. Lewinsky, she performed oral sex on the President on nine occasions. On all nine of those occasions, the President fondled and kissed her bare breasts. He touched her genitals, both through her underwear and directly, bringing her to orgasm on two occasions. On one occasion, the President inserted a cigar into her vagina. On another occasion, she and the President had brief genital-to-genital contact.

Whereas the President testified that “what began as a friendship came to include [intimate contact],” Ms. Lewinsky explained that the relationship moved in the opposite direction: “[T]he emotional and friendship aspects . . . developed after the beginning of our sexual relationship.”

As the relationship developed over time, Ms. Lewinsky grew emotionally attached to President Clinton. She testified: “I never expected to fall in love with the President. I was surprised that I did.” Ms. Lewinsky told him of her feelings. At times, she believed that he loved her too. They were physically affectionate: “A lot of hugging, holding hands sometimes. He always used to push the hair out of my face.” She called him “Handsome”; on occasion, he called her “Sweetie,” “Baby,” or sometimes “Dear.” He told her that he enjoyed talking to her — she recalled his saying that the two of them were “emotive and full of fire,” and she made him feel young. He said he wished he could spend more time with her.

Ms. Lewinsky told confidants of the emotional underpinnings of the relationship as it evolved. According to her mother, Marcia Lewis, the President once told Ms. Lewinsky that she “had been hurt a lot or something by different men and that he would be her friend or he would help her, not hurt her.” According to Ms. Lewinsky’s friend Neysa Erbland, President Clinton once confided in Ms. Lewinsky that he was uncertain whether he would remain married after he left the White House. He said in essence, “[W]ho knows what will happen four years from now when I am out of office?” Ms. Lewinsky thought, according to Ms. Erbland, that “maybe she will be his wife.”

That’s how a responsible prosecutor works. He writes a bodice ripping yarn as an indictment. You can certainly understand why everyone was expecting something a little bit more James Bondish in this spy thriller. No wonder everyone’s expectations are dashed. What a shame that Pat Fitzgerald is just a prosecutor instead of an all ’round entertainer like Ken Starr, eh?

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Talking Point Tryout

Crooks and Liars has the footage I posted about yesterday in which Mr (Ed) Rogers says that government officials lying about their sex lives is worse than lying about whether they outed a CIA agent to discredit a critic.

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The Big Picture

I wrote previously that I believed Fitzgerald was investigating a fairly narrow case and would not get into all the bigger issues of the lead up to the war. I also wrote that what is important is that the story of how we got bamboozled into the war by a corrupt, venal Republican political machine is finally told. This case is the hook that allows those stories to be told. It’s all tied into the same thing — dishonesty, secrecy, revenge and dirty politics at the highest levels in both large and small ways.

If the Republican leadership of congress weren’t spineless Bush toadies and insane religious fanatics they would do their job and investigate this honestly for the good of the country. But they won’t. They are nothing more than braindead fatcats gorging at the pork barrel with a fistfull of C-notes in one hand and a bible in the other. (If you want to read a purely political document, spend a little time with the Senate Intelligence Committee report on Iraq. Rush Limbaugh is more subtle.)

We are left with a timorous press and an honest prosecutor to get to the bottom of what these people have done to us.

If they care to do it, this case is a way for the media to save its soul after its outrageous conduct helping the administration make its case for war on lies. It is the responsibility of the NY Times and the Washington Post and NBC and all the rest to revisit what this administration has done ever since 1999 when the national press overlooked its sleazy and dangerous behavior. If they care to salvage their reputations they have the chance right here, right now.

And if nothing else, Fitzgerald is doing this country a huge, vastly important service simply by being honest and apolitical, proving that its still possible. Taking Libby to task (and possibly Rove) for being reprehensible pieces of shit and then lying about it is extremely meaningful after the way that Republicans have behaved for the last 15 years. Exposing the way they work to smear and destroy anyone who gets in their way, whether that’s his purpose or not, is important work. This case is a window into a high level Republican smear job and cover up.

The Republicans will do anything to advance their agenda. They are fundamentally undemocratic — they do not believe that the people have a right to vote, to see their elected politicians allowed to serve a full term, to know the reasons for their government’s policies or even why they are going to war. They believe that they can do anything. That’s what this case is about.

Update: I also wrote the other day that prosecutors hate perjury and obstruction because when someone covers up a crime they tend to make it more difficult to prosecute it. Fitz’s “sand in the face” comments were saying exactly that.

There is no reason to think that anyone else is out of the woods, though. In the Governor Ryan case remember, Ryan was the 66th person indicted — partially on the basis of testimony of his closest aide:

“I’m still not overly comfortable with participating,” Fawell told a federal judge last Oct. 28 during a teary testimonial to try to keep his mistress-turned-fiancee, Andrea Coutretsis, out of prison. “I don’t relish testifying against George Ryan.”

Fawell, 48, was once the heir to DuPage County political royalty. His mother is Beverly Fawell, a former state legislator. His father is Bruce Fawell, a former chief judge in the county. And his uncle, Harris Fawell, was a respected congressman from Naperville.

Scott Fawell rose through the GOP political ranks rapidly, serving as a driver for then-U.S. Sen. Charles Percy, lobbyist for the tollway authority and campaign operative for then-Gov. Jim Thompson. He ended up working for then-Lt. Gov. Ryan, and helped Ryan win a close race in 1990 for secretary of state.

Ryan rewarded him with the chief of staff job and then the nearly $200,000-a-year plum of running the agency that oversees McCormick Place and Navy Pier.

So if Ryan indeed has figurative bodies buried somewhere, as prosecutors allege, Fawell is in position to know the location. He gave prosecutors a 45-page sworn statement.

[…]

A jury found Fawell guilty for his part in the corruption scandal. He’s serving a 6¨-year sentence at a federal work camp in Yankton, S.D.

Fawell, however, gave his testimony to prosecutors reluctantly, a fact that Ryan’s defense team undoubtedly will bring to jurors’ attention.

“I’m not going to sell myself out just to save myself,” Fawell said after his sentencing in late June 2003. “I’m not sitting on any bomb of George Ryan’s. I’m not going to go in there and make up stories about him just to save myself, which unfortunately that’s the game (prosecutors) like you to play.”

That, however, was before Fitzgerald’s office charged Coutretsis, formerly of Long Grove. Coutretsis, a mother of two and Fawell’s one-time assistant at McPier, faced a prison sentence for perjury before persuading Fawell to turn on Ryan. In return, she could get six months or probation. Fawell could get six months shaved off his sentence.

Stay tuned.

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Rove Must Resign, Too

Since Rove is under investigation and since the potential crime is so serious – compromising the status of a CIA agent – Rove simply must resign. Now, I won’t remind everyone again of Bush’s remarks in 2000 about creating an atmosphere of probity and changing the tone of Washington, yadda yadda. They are unnecessary, especially when it comes to national security, because they are assumed. If there is even a hint that Rove cannot be trusted with access to government secrets, and there is more than a hint, he must immediately step down.

Karl, stop wasting my taxes and go back to whatever rock you crawled out from under. Oh, and one more thing. Fuck you, traitor.

Scooter’s Replacement

From MYDD

Where there has been controversy over the past four years, there has often been Addington. He was a principal author of the White House memo justifying torture of terrorism suspects. He was a prime advocate of arguments supporting the holding of terrorism suspects without access to courts.

Addington also led the fight with Congress and environmentalists over access to information about corporations that advised the White House on energy policy. He was instrumental in the series of fights with the Sept. 11 commission and its requests for information.

[…]

Colleagues say Addington stands out for his devotion to secrecy in an administration noted for its confidentiality.

[…]

Even in a White House known for its dedication to conservative philosophy, Addington is known as an ideologue, an adherent of an obscure philosophy called the unitary executive theory that favors an extraordinarily powerful president.

If this is the game plan, I think we can expect to see Randall Terry nominated to replace Harriet Miers.

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Still Under Investigation

Official A, also known as Karl Rove, has to be worried. He should probably be very, very nice to everyone involved, especially Scooter. Very nice.

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Libby Indicted

This is the first time in 130 years that a sitting White House official has been indicted. The last time was in the Grant administration.

Honesty. Integrity. Honor. Dignity.

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Shiverin’ In Our Boots

Joe DiGenova just pulled a Mark Levin on CNN threatening everybody that the movement conservatives (which he says he isn’t) will unleash hell if this issue of lying about intelligence becomes a part of the discussion because the CIA was scheming against the president and they just won’t stand for it.

This is the old, “better behave or I’ll tell your father” bullshit. Fuck them.

The neocons and and the movement conservatives, remember, have been at war with the CIA for decades. The CIA hasn’t always been right, but the Neocons have always, always been wrong about everything.

The answer to this crap is — show us the WMD, bitches.

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