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Friday, December 02, 2005

It's a Blue Highlighter Kind of Night

I've been poring over Patrick Fitzgerald's response (PDF) to Dow-Jones motion to unseal the 8 redacted pages of Judge Tatel's concurrence to the decision that ultimately sent Judith Miller to jail, one of the long-time "Holy Grails" of Plame-ologists.

Just to recap a bit: On February 15, 2005 Judges Tatel, Henderson and Sentelle handed down a decision saying that Judy Miller and Matt Cooper could not claim journalistic privilege and refuse to testify in the CIA leak case. Eight pages were redacted from Judge Tatel's concurrence, and people have been speculating wildly ever since about their contents. Dow-Jones filed a motion saying that the eight pages should now be released, and Fitzgerald is agreeing to release certain sections.

Basically, what Fitzgerald says is:

1. The documents have been reviewed for classified information, and as of November 30, 2005 there is none.

2. Continued secrecy relative to portions that relate only to Libby is not necessary, since most of the investigation into his participation has been publicly revealed in the indictment.

3. However, he says that:
"[T]he Special Counsel has concluded that secrecy continues to be necessary with respect with the remainder of the redacted pages, in order to protect from embarrassment or ridicule individuals whose status as grand jury witnesses or subjects has not been publicly disclosed as well as to protect the integrity of the ongoing investigation."
If they haven't been revealed as witnesses before, it ain't gonna happen now.

4. He says that as a result of the indictment, certain information from the redacted pages has become publicly known, and thus can be released:
a. The fact that Libby was a subject and target of the investigation.

b. The names of witnesses who gave testimony that directly contradicted Libby's testimony -- this would include Cooper and Russert but presumably not Miller, who as of February 15, 2005 had not testified before the grand jury at all (Cooper having testified at this point about Libby but not Rove).

c. The substance of the testimony of witnesses who were summarized or quoted in the indictment -- again, Russert and Cooper.

d. Curiously: "All but one of the witnesses discussed in this portion of the redacted pages have publicly disclosed the substance of their own testimony before the grand jury." Presumably Russert and Cooper have made such public disclosures." So there is one more witness discussed who has not talked about what they testified to, though presumably they are known to have testified or they would have been knocked out under (3) above.
Fitz also claims that "the additional details include quotations from testimony summarized in the indictment, and the identities of certain persons who were identified in the indictment solely by job title."

That would include, from the Libby indictment:

"Under Secretary" -- p. 4 -- Marc Grossman
"Senior CIA Officer" -- p. 4 -- unknown
"Vice President of the United States" -- p 5 -- Richard B. Cheney
"CIA briefer" -- p. 5 - unknown
"Libby's principle deputy" -- p. 6 --Eric Edelman
"White House Press Secretary" -- p. 7 - Ari Fleischer
"Counsel to the Vice President" -- p. 7 -- David Addington
"Assistant to the VP for Public Affairs" -- p. 7 -- Catherine Martin

Though one would assume just by virtue of being named in the indictment all of these people have testified, the only ones I know of who have had it publicly acknowledged are Martin, Fleischer and Cheney.

Since we know "Official A" is Karl Rove, and Rove is still a subject/target, he would not be this person.

But potentially I suppose it could be anyone who is publicly known to have testified, and that list is rather long.

Further, Fitz says that "the part of the investigation that specifically focused on Mr. Libby's conduct has largely been concluded." But considering how carefully he parses his words and the fact that he's been saying the investigation has been "largely concluded" for over a year, I take this with a grain of salt.

Jeralyn, Emptywheel and Armando have more.