Jan 26, 2007

You've Got Mail..!

GOVERNMENT’S MOTION IN LIMINE TO ADMIT NONDISCLOSURE AGREEMENTS EXECUTED BY DEFENDANT
THE UNITED STATES OF AMERICA by its attorney, PATRICK J. FITZGERALD, Special Counsel, respectfully submits this motion in limine to admit nondisclosure agreements executed by the defendant. As discussed below, these agreements are highly relevant to defendant’s state of mind and motive to lie at the time of the charged offenses, and should be admitted. - Filed 01/25/2007 and served to Scooter's three firms and eleven lawyers by Deputy Special Counsel Debra Riggs Bonamici via email to: Wjeffress@bakerbottomofdabarrel.com, Twells@paulweisscashupfront.com,Jcline@jonesdaynotgosogood.com.

93 Comments:

Anonymous Anonymous said...

Ms. Bonamici!

Mr. Fitz! Team America!

5:24 PM  
Anonymous Anonymous said...

Take this motion and shove it! :)

5:34 PM  
Anonymous Anonymous said...

http://www.rawstory.com/news/2007/
Call_me_ExRep._Harris_hands_out_
0126.html

Wonder if Harris is going to be a make-up artist now?

5:42 PM  
Anonymous Anonymous said...

Scooter, SF-312 YOU!

5:47 PM  
Blogger FBI said...

Very cool, Fitzie!!!

"he was specifically warned of the consequences of improperly
disclosing classified information. By executing these agreements, defendant acknowledged that he
was advised of his obligations"


************************************
I thought motion in limine was used mostly to exclude evidence from a trial not to admit it...

I guess it goes both ways? I don't even play a lawyer on TV...could you tell?

5:49 PM  
Anonymous Anonymous said...

wjeffress@bakerbottomofthe barrel.com

twells@paulweisscashupfront.com

jcline@jonesdaynotgoingsogood.com

5:53 PM  
Blogger Phx said...

Quzi,

Basically smurf is getting off easy...

Fitz could've indicted him on Treason!

5:58 PM  
Blogger FBI said...

In regards to the Immunized Witness Quiz. My guesses are:

1) Ari Fleischer (already guessed & confirmed)
2) John Hannah
3) George Tenet
4) John McLaughlin
5) Richard Armitage

And is there a sixth?

Get your beauty sleep this weekend, Fitzie! And don't spend to much time on the "internets" LOL

Go Team Fitzie!

5:59 PM  
Anonymous Anonymous said...

The SF 312 is a contractual agreement between the U.S. Government and you, a cleared employee, in which you agree never to disclose classified information to an unauthorized person. Its primary purpose is to inform you of (1) the trust that is placed in you by providing you access to classified information; (2) your responsibilities to protect that information from unauthorized disclosure; and (3) the consequences that may result from your failure to meet those responsibilities. Additionally, by establishing the nature of this trust, your responsibilities, and the potential consequences of noncompliance in the context of a contractual agreement, if you violate that trust, the United States will be better able to prevent an unauthorized disclosure or to discipline you for such a disclosure by initiating a civil or administrative action.

So if shorty Scooter doesn't have to follow the rules, what prevents any other government employee from leaking their guts? ...on BushCo.'s evil.

5:59 PM  
Blogger FBI said...

Probably GEF...

I have to run to pick up my son.

bbl

6:00 PM  
Anonymous Anonymous said...

Lead post on Democratic Underground: Valerie Plame Case To Be Investigated by Waxman's Committee (Oversight and Governmental Reform). Finally! Now there's one good guy with a hellavua bald spot.

6:03 PM  
Anonymous Anonymous said...

Well, sounds like ya got em. From what I read around, Cathie Martin (which is what people have sometimes called me mistakenly- It's KATHLEEN
http://www.actionlyme.org/Sports.htm
back in the days before tick bite and subsequent Multiple Sclerosis)

seems to have said that there was a discussion about how to go after Wilsom and in that discussion, she said they could not disclose her name.

It seems that was part of the testimony we already heard.

So, that's a motive to lie.

Fitz is not charging leakage of a CIA operative's name, because Cheney retroactively disclosed it, under some sort of privilege.

The charge is not leaking, it's lying about leaking.

Establish a lie and a motive to lie, and the motive is the crime of leaking.

It's very hard to keep track of it all. One hopes that subsequent to this trial some people will be charged with leaking, like Cheney, who can then be impeached, and Bush and Gonzales can be stuck in the looney bin.

6:05 PM  
Anonymous Anonymous said...

5:53pm LOL.

6:07 PM  
Blogger Phx said...

naschkatze,

Lead post on Democratic Underground: Valerie Plame Case To Be Investigated by Waxman's Committee (Oversight and Governmental Reform). Finally! Now there's one good guy with a hellavua bald spot.

After all this is all over we're gonna chip in and buy Waxman a Superman outfit!

<---Go Waxman Go!--->

6:13 PM  
Anonymous Anonymous said...

That's old news on Waxman's committee. I think the update is that Hoyer is going to hold hearings on their ability retract Bush's 2002 war act.

http://www.cnn.com/2007/POLITICS/01/26/iraq.hoyer/index.html

6:15 PM  
Anonymous Anonymous said...

http://noquarter.typepad.com/
my_weblog/2007/01/
joe_wilson_vind.html

by
Larry C Johnson

"The Bush/Cheney acolytes keen on smearing Joe Wilson took a couple of gut shots at the Scooter Libby trial today. One of the documents released to the public confirms Wilson's account of how he came to be sent to Niger, what he found, and what he reported to CIA debriefers."

Larry has always defended the Wilsons.

6:28 PM  
Anonymous Anonymous said...

Attach this to those emails:

6:37 PM  
Blogger airJackie said...

The Prosecutor that never sleeps, nice move Fitz. Now I wish they didn't have motion Friday at the courts this case is heating up. One thought Libby had a security clearance but didn't know about CIA name? Sorry I forgot he forgot he could only remember Tom Cruise.

Q I'm waiting for Barney Fieth to spill his guts. I hope Fitz doesn't make the little Buckeroo wet his pants he gets nervous alot. No wonder Ari let the House so fast he knew to much. NBC set up and Cheney knew to attack the only station that the public trusted for fair non bias news. Katie Couric is safe as she is in the back pocket of the White House. Now Bush our born again Pharaoh is acting more like a Dictator then President, he'd make Saddam jealous.

6:38 PM  
Anonymous Anonymous said...

GEF, commentators on Democratic Underground are wondering when this is going to happen. Apparently Waxman wanted to investigate while the Repukes had control of the committee and couldn't. They say Waxman has talked with Fitzgerald--he says that he's done all that he can--and Waxman doesn't want to interfere with the trial. So maybe we will have to wait a month or two, but Waxman definitely is interested in Rove's role as well as Cheney's so I hope that bastard will not be able to avoid the noose.

6:41 PM  
Blogger Phx said...

Video:

Jon Stewart Tries to Relate to Cheney

6:43 PM  
Anonymous Anonymous said...

It's Pizza Time!

6:44 PM  
Blogger Phx said...

naschkatze said...

quote:
so I hope that bastard will not be able to avoid the noose.

Nope. No way they can avoid it now. The whole containment issues are coming to the fore in many areas on what this admin has weaved for itself as far as being unaccountable to the American people on a conglomeration of issues dealing with Intelligence.

It's all unraveling quickly now and their hands are tied with respect to Iran!

They won't make it to 2008 intact.

The Big Surfing Wave is coming and they don't know how to swim..

Glub glub... ;)

6:50 PM  
Anonymous Anonymous said...

The Smurf knew but couldn't help himself. He had

loose lips.

6:53 PM  
Anonymous Anonymous said...

Fitz!

http://www.tiny.cc/WaxonWaxoff

6:58 PM  
Anonymous Anonymous said...

Motive, lies, coverup..and conspiracy. Conspiracy to deceive Americans to attack Iraq on false pretenses! Yes and treason too!

7:02 PM  
Blogger Phx said...

geezerpower,

LOL*)

You'd never imagine such a little smurf with such a BIG mouth!

But there it is..

Oh and I hope Porkrind doesn't think he's getting off scott free because I can see how this WILL cause a few prosecutors to pull out their fishing hooks and haul themselves in some crooked pork.

7:03 PM  
Anonymous Anonymous said...

GEF said

The Big Surfing Wave is coming and they don't know how to swim..

Glub glub... ;)

{;

7:08 PM  
Anonymous Anonymous said...

Geezer:

That Little Scooter sure does have a big mouth!

ROFLMAO

7:08 PM  
Blogger Phx said...

geezer,

yep, but imagine that wave being all the investigations merging...and reaching the same conclusions..

Ker-Splash!

7:13 PM  
Anonymous Anonymous said...

Global Evildoer Fighter said...
geezer,

yep, but imagine that wave being all the investigations merging...and reaching the same conclusions..

Ker-Splash!
----------------------------
Might be pretty heavy. Maybe the thing to do would be throw in some crooked pork and catch the whole bunch in a net.

7:23 PM  
Anonymous Anonymous said...

Libby and his friends will soon be looking good.

7:48 PM  
Blogger Phx said...

geezerpower,

quote:
Might be pretty heavy. Maybe the thing to do would be throw in some crooked pork and catch the whole bunch in a net.

If the American people are the net, then they better just get ready for that huge lynch mob!

7:54 PM  
Blogger Phx said...

geezerpower,

quote:
Libby and his friends will soon be looking good.

Let's not forget the gerbil family.

We could deport-them all!

7:59 PM  
Anonymous Anonymous said...

Global Evildoer Fighter said...
naschkatze said...

It's all unraveling quickly now and their hands are tied with respect to Iran!

They won't make it to 2008 intact.

The Big Surfing Wave is coming and they don't know how to swim..

Glub glub... ;)



Regarding not making it til 2008 intact, I agree, I sure wouldn't think so.

8:00 PM  
Blogger jan said...

OOOOoooo!



Rove could testify in Libby case as subpoenas handed out!

http://www.rawstory.com/news/2007/Rove
_to_testify_in_Libby_case_0126.html

8:04 PM  
Anonymous Anonymous said...

"Former CIA Iraq Mission Manager Robert L. Grenier appeared as a government witness in the trial of Libby on charges of obstruction and lying. He testified he told Libby that the idea of sending ex-ambassador Joseph Wilson to Niger was the brainchild of Wilson's wife, Valerie Plame, who worked in the CIA office that sent him in 2002."

This is just as I reported IN 2003!

http://www.jeffgannon.com/

January 26, 2007
Happy Anniversary To Me!

No pun intended, but what a cocky little bastard.

8:07 PM  
Blogger Phx said...

Jan,

Wonder what Rove is gonna talk about ?

hmmm...

8:08 PM  
Anonymous Anonymous said...

Rove is being called by Libby's Defense... I don't trust them!

8:15 PM  
Blogger jan said...

GEF,

Man, do you think he has immunity?

8:15 PM  
Blogger jan said...

Rove, like the snake slivering down from the tree, tell lies...

8:17 PM  
Anonymous Anonymous said...

Geezer @ 7:48:

Now that is what I want to see! :)

8:20 PM  
Anonymous Anonymous said...

hell of a week team paddy. history in the making and the fallout is gonna be fantastic. good job guys and best of luck.

8:24 PM  
Blogger Phx said...

s-q,

quote:
Rove is being called by Libby's Defense... I don't trust them!

That doesn't mean much. It's clear the contention between the gerbil and ambien so it may not be such a good idea for smurf's lawyers to call porkrind to help out...

Especially after smurf finger pointed at porkrind...

imho that's a date with catastrophe for the defense!

8:33 PM  
Blogger Phx said...

Jan,

quote:
Man, do you think he has immunity?

Nope. Porkrind is flying solo and probably will pee his pants when Fitz crosses...

Hee hee hee!

8:34 PM  
Anonymous Anonymous said...

Good evening everyone:

A very busy day for me all morning and afternoon. I skimmed through Fitz's filing. This is a clever move by Fitz and team. Wells Cline, and Jeffress may be Libby's high paid attorneys but they should have paid attention that Libby is a government official and not just a WH Chief of Staff and Assistant to the VP and Prez. Any government official given a security clearance card such as Libby and/or working in a job that entails confidential information has to sign a non-disclosure agreement. In the agreement, the government employee is not to disclose any high security and confidential information outside the job, via email, via phone, etc. Libby has broken that agreement by disclosuring NIE information to reporters. Even though Libby's defense is claiming faulty memory and non intention to lie to the FBI and GJ, the fact remains that he violated that agreement of the government. And thus, Libby was in the state of mind to disclose confidential NIE information even though he claims that he can't remember whom he told to whom. An uphill battle for the little soldier and his defense team.

8:38 PM  
Blogger jan said...

hehehhehe, GEF ;D

8:38 PM  
Anonymous Anonymous said...

http://www.msnbc.msn.com/id/
16832257/site/newsweek/

About Rove and leak.

8:39 PM  
Blogger jan said...

Hi SPB,

So good to see you! Ready for all of us to jump you with questions?;D

8:39 PM  
Blogger Phx said...

Jan,

That's an exciting Avatar you have but it's missing some chocolate!

Hee hee hee!

8:42 PM  
Blogger jan said...

SPB,

"In the agreement, the government employee is not to disclose any high security and confidential information outside the job, via email, via phone, etc."

From what we have seen said in this trial so far, hasn't there been so far 3 or 4 who would have signed that been proven to have broke that bind?

8:42 PM  
Blogger Phx said...

Hi Biloxi,

Thanks for the rundown...

8:44 PM  
Blogger jan said...

Here you go, GEF. Is this a better selection? Help yourself :P

8:45 PM  
Blogger Phx said...

Jan,

Wow..thanks!

I didn't know you had curves like that...

Fantastic! I love chocolate..

Yum....

8:47 PM  
Blogger jan said...

Your welcom, GEF. I'm glad you like them. I heat them too- 7 seconds in the microwave, YUM!

8:48 PM  
Blogger Phx said...

Jan,

7 seconds ? Wow I gotta try that sometime..

Usually I eat them before they make it to the microwave!

Hee hee hee!

8:50 PM  
Anonymous Anonymous said...

Hey SPB:

I was about to send out the search party for you! LOL Busy day, huh?

Yeah, those security clearance cards are serious business. Libby is in big trouble!

8:55 PM  
Blogger jan said...

GEF,

If you like choclate: Heat a Ding-Dong for 4 seconds- just about melts the stuff inside but not too much... YUM.

Yea, I lived a long time in the middle of nowhere once and had time to figure out stuff like this- You're welcome!

8:56 PM  
Anonymous Anonymous said...

so it may not be such a good idea for smurf's lawyers to call porkrind to help out...
---------------------
GEF:

They may not call him...getting a subpoena doesn't necessarily mean testifying.

8:57 PM  
Blogger Phx said...

Jan,

quote:
Yea, I lived a long time in the middle of nowhere once and had time to figure out stuff like this- You're welcome!

Cool! Like Robinson Crusoe...

hee hee!

8:58 PM  
Anonymous Anonymous said...

will, most likely, implicate their own sorry asses!...and the plot thickens!!!
--------------------------
Grandmanuk:

So true! What a tragedy for our country!

9:01 PM  
Blogger Phx said...

s-q,

quote:
They may not call him...getting a subpoena doesn't necessarily mean testifying.

Well, the only reason for Smurf to call porkrind would be to meet in a mutual place and beat each others brains out in a big fight!

Other than that I think it's suicide for Smurf to call porkrind to defend him..

But lets find out shall we ?

Hee hee hee!

9:01 PM  
Anonymous Anonymous said...

Memo to Tim Russert: Dick Cheney thinks he controls you.

This delicious morsel about the "Meet the Press" host and the vice president was part of the extensive dish Cathie Martin served up yesterday when the former Cheney communications director took the stand in the perjury trial of former Cheney chief of staff I. Lewis "Scooter" Libby.

buzzflash and wapo

9:04 PM  
Blogger jan said...

SPB,

Where are you?

9:04 PM  
Blogger Phx said...

Teak,

Who here didn't know that Tim Russert was a GOP apologist wingnut raise your hand ?

*cricket*

9:08 PM  
Anonymous Anonymous said...

Other than that I think it's suicide for Smurf to call porkrind to defend him..
---------------------
GEF:

Yeah, I seriously doubt that he will testify..

9:09 PM  
Blogger jan said...

I know S-Q. This is all just too freaky.

9:15 PM  
Anonymous Anonymous said...

"From what we have seen said in this trial so far, hasn't there been so far 3 or 4 who would have signed that been proven to have broke that bind?"

Jan:

Absolutely,

That includes the witnesses: Martin, Grenier, and Grossman. And most likely, a majority of the potential witnesses and even those who are no longer employed with the government. But, good point! Even I had to sign a non-disclosure agreement. Let's not forget the POTUS. He too is an employee of the U.S.

9:18 PM  
Anonymous Anonymous said...

Here I Am.

9:18 PM  
Anonymous Anonymous said...

Jan,

I was reading some comments from my blog. That's why I disappear.. I have a lot to catch up today...

9:19 PM  
Anonymous Anonymous said...

"Here I Am."

LOL! Nice try Anon. But, it is not nice to impersonate a prosecutor!

Hee hee...

;-)

9:21 PM  
Blogger jan said...

SPB,

So far POTUS, like Reagan, is not mentioned in any of this.

9:22 PM  
Blogger jan said...

I knpw, SPB. Your blog is great BTW :D

9:23 PM  
Anonymous Anonymous said...

Jan:

I know that the Gerbil is not mentioned as a potential witness. But, since Fitz brought up the non-disclosure agreement that a government employee has to sign, this certainly raises questions of the President in his violating that agreement. Remember, President leaked classified NIE to the public (as he said) on July 18, 2003.

9:31 PM  
Blogger jan said...

SPB,

I just don't want to see; "Everybody did it."; "No one knew she was "covert"; "we didn't know that was wrong, we were just trying to defend ourselves."

9:31 PM  
Anonymous Anonymous said...

Forgot to add: July 18,2003 is what McFelon mentioned in a press conference. And thanks for the compliment. :D

9:33 PM  
Blogger jan said...

Well, SPB. He is the decider.

9:33 PM  
Anonymous Anonymous said...

I just don't want to see; "Everybody did it."; "No one knew she was "covert"; "we didn't know that was wrong, we were just trying to defend ourselves."

I don't want to see that either and neither does the Wilsons. None of the plsyers involved the case are not taking personal responsibility. But, it has to be irritating for Fitz of the nimrods in this case to play the blame game.

9:36 PM  
Anonymous Anonymous said...

"Well, SPB. He is the decider."

And the decider is being screwed by his own party. Some of the GOP are treated the Gerbil like he has AIDS..

The decider is another Pharoah replica.

9:37 PM  
Blogger Phx said...

Jan,

quote:
He is the decider.

Actually he's the Divider..

The American People are the Deciders...says so in the Constitution, which cannot be so easily discarded by the Patriot(misnamed) Act.

:)

9:38 PM  
Blogger jan said...

SPB,

Grenier could not have broke the bind, right? He just told Libby- that on the job, right? Could he have broke it by speaking on the phone to Libby? Libby was the on talking to press, not Grenier, right?

9:41 PM  
Anonymous Anonymous said...

SPB:

When does the Wilson's civil case go to court?

9:42 PM  
Blogger jan said...

You know, we do that where I work, SPB- we blame the guy that isn't working there anymore.

9:43 PM  
Anonymous Anonymous said...

http://news.com.com/
2100-7348_3-6153532.html?tag=nefd.top

update Maine overwhelmingly rejected federal requirements for national identification cards on Thursday, marking the first formal state opposition to controversial legislation scheduled to go in effect for Americans next year.

Both chambers of the Maine legislature approved a resolution saying the state flatly "refuses" to force its citizens to use driver's licenses that comply with digital ID standards, which were established under the 2005 Real ID Act. It asks the U.S. Congress to repeal the law.

http://www.epic.org/privacy/
id-cards/

You know on the dairy farm, we used to put lightweight chains with a # around their necks or an ear tag with a # for the dairy cows. We truly are becoming "cattle".

You know Tyson Corporation brings workers in this country from Somalia to replace the workers run out from Mexico. Americans needs jobs, too. The company lied about this Somalian died, said he was kicked by a cow in the packing plant. Now the rumors about TB have been going around for awhile now, and finally they had to tell the truth. The man died of active TB, packing your hamburger, steaks, roasts and whatever. Wonder if he was legal or how he got into this country or if some bucks passed hands from the corporation? Thought we got rid of tuberculosis in this country only to have it brought in again by the U.S. government and their corporate friends.

http://www.emporiagazette.com/
news/2007/jan/23/agency_
continues_tb_testing/

If they lie once, they will lie again. The CEOs need those millions in salary each year.

9:44 PM  
Anonymous Anonymous said...

SPB:

Just looking down at the lower portion of the blog... it's funny cuz there you are.. Superman.. and surrounded by donuts!!

LOL! OMG! I can't stop laughing!

9:48 PM  
Blogger Phx said...

s-q,

quote:
Just looking down at the lower portion of the blog... it's funny cuz there you are.. Superman.. and surrounded by donuts!!

ROFLMAO*) Bwahahahahahaha!

9:49 PM  
Anonymous Anonymous said...

-------------

A while back I saw this wonderful saying posted here at this site:

"Coimhéad fearg fhear na foighde"

So apt....

Fire away, Mr. Fitzgerald

-------------

9:51 PM  
Blogger jan said...

Hey! S-Q, I'm thinking that's a good thing ;B

9:51 PM  
Anonymous Anonymous said...

S-Q:

Wilson's case is in mid February.

"Grenier could not have broke the bind, right? He just told Libby- that on the job, right?"
That's correct, Jan. As long as they were on the job and they were speaking of confidential information and not outside.

"Could he have broke it by speaking on the phone to Libby? Libby was the on talking to press, not Grenier, right?"

Yes, Jan! That is a violation. As I mentioned before, any confidential information cannot be shared over the phone to an individual that is not a government official and even to a family member. In the case of Libby, Libby shared the confidential information on the job to the reporters. Libby still would violate his agreement with the government if he discuss NIE information from his own home to the reporters.

I know that Libby defense will say that he was given a direct order by his boss, Cheney. If so, then Fitz would have to look at what Cheney signed in the non-disclosure agreement. Again, the defense will be creating a big can of worms...

Jan

9:52 PM  
Anonymous Anonymous said...

Hey Jan!

I just thought about something. I wonder if Fitz has subpoenaed Libby's phine records from his home to see if he made calls to reporters.. Just a thought.. Or better yet, Libby's cell phone records...

9:55 PM  
Anonymous Anonymous said...

Jan:

Yep, this must be donut heaven! LOLMAO

SPB:

Thanks! I thought it was early Feb. but wasn't sure..

9:55 PM  
Blogger Phx said...

Biloxi,

quote:
I just thought about something. I wonder if Fitz has subpoenaed Libby's phine records from his home to see if he made calls to reporters.. Just a thought.. Or better yet, Libby's cell phone records...

If I know Fitz, been there done that is most likely the answer for a methodical special prosecutor...

He was all over those calls like a hungry cop with a donut fetish!

LOL*)

10:09 PM  
Anonymous Anonymous said...

GEF:

Leave no stone unturned when it comes to Libby. But, of course, Libby tried to leave a trail. But, I am sure Fitz can find quite alot from the Veep.

10:19 PM  
Anonymous Anonymous said...

Jan:

We're teasing about the donuts...we like them! :)

10:25 PM  

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