Back from lunch. Please please don't let this go on long. Fitz is preparing for redirect.

Walton: Did they feed you well? Not that good today?

Fitz May I proceed?

F In looking at the exhibits, you were asked questions about what Libby may or may not have been shown. Let's walk though what would have been brought to Libby's attention prior to October 14 2003. Let's go to attachment. September 30 letter–is this the first letter?

Addington: The first letter addressed to me. 

A letter discussed earlier.

F Reads: Contacts with any member or representative of the news media about Wilson. There's no limitation on what columnist or journalist was being referred to. Goes to 10/2/2003. Goes to bottom. Another reference to all contacts with media relating to Wilson.

A corrects F for missing date.

F Returns to first page. Another reference to contacts with the media and Wilson.

F Certification by Libby, refers in first paragraph to 10/3/2003, documents coming out were complied with prior to October 7. One week before his first interview with FBI.  Now a subpoena. Attachment A, in specifying is it fair to say there is no restriction to media. Shows that subpoena forwarded to OVP employees. Goes through the subpoena items. They include the July 12 conversations and all details regarding Wilson. Certification from Libby, from 1/30/2004, refers to subpoena dated 1/22 returnable 1/30. Certification on documents, returnable on 2/4/04. Another certification, date 2/5/04, return date 2/6/04.

A describing the different handwritings: Mayfield, Libby, and Addington.

F Indicates Libby had seen the subpoenas.

A Yes


F returns to the Libby sonnet/Cheney meat grinder document. Asking A how it would look when he found it.

There's a stamp at the top, that says, "treated as Top Secret/SCI, then crossed out, with declassified."

F walks him through how it looked when Addington got it. Has Addington talk though what Top Secret and SCI mean. Can documents be properly classified as "treated as Top Secret SCI" Is that a proper classification?

A President's EO doesn't use that phrase.

F Do you recall seeing any other document that were "treated as Top Secret/SCI"

F Did you put that marking there.

A No

F Do you know how it got there?

A On this particular page, no, but in the course of production, there were situations in which I received handwritten notes saying "treated as" some particular classification, when the govt came back later and asked for originals, from that I take it that when they made copies, they stamped that on there, but this one it seems like they stamped that on the original.

F Now asking whether Addington discussed the document with O'Donnell and Abu Gonzales. Explain difference between O'Donnel and your role.

A My client is VP in official capacity. Particular relevance in this case.  

A is talking through govt attorney not being able to invoke attorney client privilege, naming everyone, including dissents. 

He's going on for a long time.

A The reason it's important in this case, if you want to communicate to an attorney, you have to talk to your private attorney. It's important to be careful what you're asking and what you're answering. It's an artificial complexity introduced by the DC circuit.

F introduces second page of document, with reference to Rove.

F Senior staff becoming question of President's trustworthiness.

F Is this a page of Mr. Libby's notes.

F Entry, whose handwriting?

A His handwriting. I'm not looking at the whole document.

F New exhibit.  I want you to see if there's anything else that happened in this senior staff meeting that he chose to note in this document–or note has happening at the Senior Staff meeting.

A Where it says senior staff, I think there's a real possibility that the entires of. The line where you refer to, next is 9/11 commissions, /House labor over time and disclosed/ veto threat foreign ops in subcommittee. Next line 9/11 commission wants drafts marked with President's. Other than a general staff meeting, you wouldn't be dealing with those issues in one meeting except at senior staff. That variety would be a general staff meeting. 

F The first ones marked we on Wilson.

A Assuming the notes were chronological. yes.

F You didn't ask him what "it" was. Why didn't you ask him?

Objection sustained.

F Do you recall whether you told FBI, whatever you remember you did or didn't say to the FBI. Do you recall that you discussed a spouse of a person at CIA.

Juror questions. Sidebar.


Several juror questions

Walton Can you provide clarification why sometimes request for documentations was sent to Libby, and why, sometimes, it was not.

A I have to make a judgment who might have responsive documents. The first one was very broad. For some of the later requests, such as originals of Scooter Libby's documents, I' don't have to send them to the guys in the motor pool. There were a few requests for particular things, so I could go to the person who had that particular set of records. 

Walton Are you familiar with practice of witnesses as far as reviewing information before they testify in criminal matter.

A If attorneys have access to records, they will review them.

Walton are you familiar to the practice of witnesses preparing for testimony

A I believe there is a rule about access to your own documents.


Walton, You're excused.

Five minute break. Then a meeting to discuss things before the witness testifies. I'll go up for their discussion–look for me in about 15 minutes or so.




Marcy Wheeler aka Emptywheel is an American journalist whose reporting specializes in security and civil liberties.