Go buy Anatomy of Deceit .  Don't update agressively. And don't expect a transcript.

Judy back. Looks like she's doing breathing exercises, pouring herself water. Got out of chair and is now back. Gets more water. Thanks person who brings more.  Looking around cautiously. Closes eyes. Breathes. Breathes out. Looking straight foward. Head darts nervously. Staring forward. Shifts in chair. Looks toward Libby's team? Looks towawrd lawyers. Adjusts blouse. Looks at lawyers again. looks down, folds arms. Looks down. Looks toward Libby's team. Folds arms, leans back, turning in swivel chair. Takes glasses off. Looks for tissue to wipe her hands. 

This is not the picture of someone who is relaxed.

Jury back in.


Jeffress back up.

J Let's go back to the beginning of the investigation that began–do you recall when it began?

M I don't recall, I don't remember when the Taubman discussion was

J Did it occur to you to think whether you were somebody to whom such a leak had been attempted.

M I was concerned [pasue] sir

J Did you remember that meeting.

M I don't remember what I remembered then.

J You were issued a subpoena, you retained counsel or NYT retained counsel, did you think, what you would say if they asked you questions

M I wasn't being asked what I remembered at that time, sir

J Did you remember at that time your June 23 meeting

M I don't know, I discussed my meetings with Libby within my newspaper

J Did you discuss the June 23 meeting within your newspaper

M I discussed a series of meetings  I don't recall referring to that specific meeting, I discussed my concern about possibly receiving a subpoena.  I was not thinking about what conversations before I received the subpoena,

J When was the subpoena

M Sir, the subpoena asked for meetings and discussions from July. My counsel asked me to review my notes pertinent to July, that's the information I reviewed, I didn't look at info before or after

J Did you think about it?

[Jeffress keeps screwing up date, Judy and Jeffress sharing a laugh]

M I know I expressed concern to in-house counsel, I don't believe we discussed a specific date. I was subpoenaed from July until the Novak column appeared

J Isn't it true that you didn't remember

M Between time I received the subpoena and time I

M I did not

J Did you remember any conversation between time you got subpoena to time of tha meeting 

J Is the answer to my question that you didn't remember meeting with Libby on June 23

Walton–I don't think she said that rephrase

J Did you remember meeting with Libby on June 23, you didn't remember it after, when you were fighting the appeal.

M No, I didn't remember a specific meeting

J Did you think about this matter while you were there in Alexandria Jail

M I thought about importance of protecting confidentiality of Mr Libby until I ever got a waiver. I thought about how I would be sure that Prosecutor wouldn't be conducting a fishing expedition.

J You didn't remember when you were in jail, when you got out of jail, you went before the GJ, you swore to tell the truth, you were asked, when you went into the GJ, do you recall if you met with Libby in late June, by first meeting with Asst Jenny. The first GJ at page 11.

GJ transcript on screen



Judy trying to follow sidebar. Then she loks toward Libby. Swallowing hard, She IS ONE STRESSED person. Looks to lawyers. Tries to look at sidebar. Arms folded, looking hard to her right. Looking for something, looks like she's sweating under her eyes. Looking for tissue or something, Rubbing nose with back of sleeve. Unlucky Judy, just when she gets her tissue. 

Now bringing up GJ testimony.

And do you recall if a few weeks earlier you had met with Mr. Libby some time in late June, by first meeting with his assistant, Jennifer or Jennie.

I have a very, I don't know if I met with him. I remember meeting with Jennie. 

J You didn't go into the GJ to lie.

M I did not remember it. I didn't remember that it even occurred. 

J You've testified to his demeanor, very particular things that he said, said the wife "works in the bureau."

M Sir, having reviewed my notes, I have a memory of it.

M [With gusto] No, I have a MEMORY of it. 

J Do you recall testifying to te GJ that

Now she's got a pissed look on her face.

J Did you say to the GJ: 

I really have to rely on my notes because my memory is not good 

 M Sir, I'd like to see the context of that.

J Were you asked the following question.

Judy swallowing nervously.

 And is it fair to say that in describing Wilson's wife, your best recollection is he did not refer to her by name? 

J You remember bureau today even though you forgot about it for three years. So you don't need your notes to remember Mr Libby said Wife Works in Bureau, but you would need notes to remember anything else about the meeting

J Do your notes say "irritated"

M No I read my notes and I remembered

J Do you have a good memory

M About some things

J Do you remember appearing on Digital age, do you remember saying "Wilson's wife didn't mean a thing to me"

M I remember saying one tends to remember things one writes about

J You didn't have a good memory because it wasn't important to you

M I think what I was trying to indicate, I was focused on what had happened was what happened to intell

Jeffress plays one minute clip from program


Judy watching Judy, she nods when she sees herself saying "It didn't mean anything to me." She nods vigorously.

J What did you mean when you said it only bc important when this blew up

M When subpoenas were being issued

J and it was important to you when you got a subpoena, but you didn't remember that meeting

M Counselor I've already said, I just didn't remember it. [waves hand, has her indignant voice on] 

J You remember being asked. Let me go back, set the stage. After you didn't remember this meeting at all, you went back after finding that there had been a meeting. What date did it say

M 5/23.

J But you know there was a meeting on June 23

M I don't know what was in Mr Libby's calendar

J After you found that notebook, you gave it to your lawyer, you testified a second time, you testified about that conversation

M yes (meek)

J Do you remember that you told the GJ on that occasion, you had now produced all of your notes?

(no audible response–she must have nodded)

J Did you tell GJ your memory is sparked by notes

M I think in certain contexts I said something like that. 

J That was a general question

M Generally I'm note driven and they bring back a memory. [realizes she has testified that she doesn't know who told her the name] Or they don't.

J Do you remember my question

M Sighs.

J Your memory is note driven and you don't have an independent memory. You said, you just have to be specific about this because my memory is note-driven. Is that true. [raises voice]

M Yes it's true

J Without using a single note you told the GJ all these details

M I've thought about those meetings, reading those notes brought back my memory about those memories.

J Your memory is largely note-drive

M Largely note-driven


J Do you recall that before ever meeting with Libby on June 23 you had been looking at the stoyr about uranium 

J Did you have his name Joe Wilson and his telephone number and extension.  

J So who did you talk to about Joe Wilson

M I don't remember

J Do you remember talking about Joe Wilson

J You told that someone had talked to you about Joe Wilson but you don't remember too.

J Do recall telling the GJ that his name was in your notes before June 23, So someone may have told me, but I don't remember. 

M reading, GJ up on sccreen.

J was that your testimony.

M Looks closely at screen, follows with her finger

J How many people did you talk to, it was lots, wasn't it

M There were many people I talked to about WMD, and I have a vague memory of talking to them about it.

J What is "it"

M Joe Wilson

J There were several people you talked to about Wilson and Plame, before Novak's columne ever came out.

J You may have talked to someone about it before Mr. Libby

M I Don't remember talking about his wife before talking to Mr Libby

J You have no memory about that

J You testified that you didn't read newspaper

M Yes

J You started reading when you came back Did you read your own newspaper?

M Not particularly. I read the competition. 

J So if an article appeared in NYT on WMD after you returned, you likely would have read it.


Putting exhibit up. White House in Denial–Kristof's article

J That's an article by Kristof 

M Yes (sounds weak)

J Do you recall seeing that article at the time it was published

M No I don't

J Do you recall reading or hearing at the time about an unnamed ambasador?

M Yes

J Mr. Kristof writes on June 13, less than a week after you got back from Iraq, highlight first two paragraphs

Judy is reading

J Do you remember hearing about this (Condi's MTP appearance)

M mmmm hmmm, I remember hearing about it.

J It would be pretty surprising if true that something had been flatly discredited,

M [pause] Yes

J Goes onto the Wilson section of trip. Reading more of Kristof

J You came to find out that not only did Wilson not report any documents,

M I Don't know what Wilson saw and didn't see

M Libby complained about quality of Wilson's investigation

J Did you read Tenet's statement

M I probably did

J Did you read other articles concerning forgeries.

J Okay, you do remember, you do remember (in his soothing voice)

M I remember what has been claimed on all sides, but since I didn't interview Mr Wilson I don't know what he said or didn't say.I know what he said in his book.

J Oh, you read his book.

M I glanced at it.

[Media room erupts]

J Did you have any notes of meetings with Libby while you were in jail. 

M No

J Concerning your decision to resist that subpoena. You decided to resist it originally and to assert what's called a journalist's privilege. You knew… did you know that SCOTUS had decided that there generally was not any privilege.

M That's one interpretation of Branzberg decision, sir

J that's one interpretation? 

M Yes

J Did they show you a waiver and request to testify from Libby. Did the govt inform you that Libby had waived confidentiality.

M The govt did not assert that.

J Did you go to jail for 85 days before you didn't believe Mr Libby had signed a waiver

M I went to jail because the waiver my lawyer told me

J that's hearsay. 

Judy is shaking her head in frustration.

I'm going to start a new thread.


Liveblogging continues in Judy Three.



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