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Truthout has a copy of the May 16, 2006 transcipt of the court hearing regarding the Media motions to quash the Libby Subpoenas.

Parties subpoened on March 14, 2006 include, Judy Miller, NYT, TIME, Cooper, NBC, Andrea Mitchell, and The washington Post.

Motions to quash were filed on April 18, 2006, Libby's legal team responded on May 1, 2006 with their legal filing, and the members of the media respnded with reply briefs on May 8, 2006.

The May 16, 2006 transcript runs 129 pages and includes new information regarding Miller and TIME.

All the filings and motions regarding the media subpoena are documented here.

Excerpts in extended body

Jeffress, one of Libby's lawyers, wants the unredacted  Miller notebooks, here is part of his argument. He is claiming that Miller was reporting on Plame before her first meeting with Libby on June 23, 2003. Jeffress also refers to claims that Miller talked about her sources on Plame to employees at the NYT.


MR. JEFFRESS: WE HAVE SUBMITTED TO YOUR HONOR THOSE ACTUAL NOTEBOOKS UNDER SEAL. NUMBER ONE, YOU WILL SEE THAT MS. MILLER WAS INVESTIGATING AND FOCUSING ON MR. WILSON BEFORE THE VERY FIRST TIME THAT SHE MET WITH MR. LIBBY, THAT IS, BEFORE JUNE 23RD OF 2003, WHICH IS THE DATE SHE SAYS THAT SHE AND MR. LIBBY FIRST DISCUSSED OR THAT MR. WILSON'S WIFE WAS FIRST MENTIONED IN A CONVERSATION WITH MR. LIBBY.

THERE ARE NUMEROUS ENTRIES THROUGHOUT THOSE NOTEBOOKS TO "V. F." OR "VICTORIA WILSON" OR TO "VALERIE WILSON," ALL OF WHICH INDICATE THAT SHE IS TALKING TO SOMEONE ELSE ABOUT MR. WILSON'S WIFE.

snip

MR. JEFFRESS: IF WE WERE ABLE TO HAVE THE ORIGINAL NOTEBOOKS, YOUR HONOR, AND ABLE TO EXAMINE IN WHAT CONTEXT -- WHAT IS SHE WRITING ABOUT AND WHO IS SHE TALKING TO, AND WE CAN PUT THAT TOGETHER WITH THE PEOPLE WE KNOW HAD KNOWLEDGE ABOUT WHO MR. WILSON'S WIFE WAS -- AND THESE ARE PEOPLE -- THEY ARE NOT IN THE WHITE HOUSE OR NOT ONLY IN THE WHITE HOUSE. THEY ARE IN ALL KINDS OF DIFFERENT AGENCIES. TO SOME EXTENT, THEY ARE EVEN REPORTERS

snip

IN REQUEST NUMBER FIVE OF OUR SUBPOENA, YOUR HONOR, IT DOES APPEAR FROM THE REPLY THAT THE NEW YORK TIMES HAS DOCUMENTS REFLECTING A STATEMENT BY MS. MILLER TO GEORGE FREEMAN, OR PERHAPS OTHERS AT THE NEW YORK TIMES, THAT SHE LEARNED -- HEARD ABOUT MR. WILSON'S WIFE FROM VARIOUS GOVERNMENT OFFICIALS, IN ADDITION TO MR. LIBBY, BOTH BEFORE AND AFTER THE NOVAK ARTICLE APPEARED.
5/16/06 Transcript PDF




Jeffress is referring to a call from TIME reporter, Massimo Calabresi, to Joe Wilson in this excerpt. This call probably occured before Novak's 7/14/06 column.


MR. JEFFRESS:YOUR HONOR, THERE IS ANOTHER -- I DON'T REMEMBER TIME MENTIONING IT, BUT AS WE UNDERSTAND IT FROM THEIR REPLY, THERE ARE NOTES OF A CONVERSATION BETWEEN MR. MASSIMO, WHO IS THE REPORTER, WHO ALONG WITH MATT COOPER, WROTE THIS ARTICLE, "A WAR ON WILSON." AND MR. MASSIMO TALKED TO MR. WILSON -- JOE WILSON -- PRIOR TO THE PUBLICATION OF THE TIME ARTICLE -- INDEED, WE BELIEVE PRIOR TO THE PUBLICATION OF THE NOVAK ARTICLE -- ABOUT WHAT MR. COOPER HAD HEARD FROM KARL ROVE ABOUT MR. WILSON'S WIFE.


Jeffress has a copy of the email Cooper sent his editor directly after speaking to Libby and there is no mention of Plame in the email.

MR. JEFFRESS: IMMEDIATELY AFTER THE CALL WITH MR.LIBBY, MR. COOPER SENT TO HIS EDITOR AN E-MAIL DESCRIBING THE IMPORTANT THINGS THAT MR. LIBBY HAD SAID. THERE IS NO REFERENCE TO THE WIFE. NONE WHATSOEVER.


Jeffress states that Libby was NOT a source for Novak.

MR. JEFFRESS:NOW, MR. LIBBY KNEW, NUMBER ONE, HE WASN'T A SOURCE FOR MR. NOVAK. MR. LIBBY KNEW, NUMBER TWO, THAT IF VALERIE PLAME WAS A COVERT AGENT, IT WAS CONTRARY TO ANYTHING THAT HE HAD EVER BEEN TOLD.

snip

I DON'T BELIEVE THE GOVERNMENT IS GOING TO CONTEND THAT MR. LIBBY WAS ANY KIND OF SOURCE FOR MR. NOVAK



Jeffress makes it clear he intends to call Wilson as a witness and want Kristoff's notes from the NYT to examine Wilson.

Jeffress also intends to call Harlow at the CIA as a witness and is saying that someone's notes (Novak?, Harlow?) indicate that Harlow spoke to someone at the NYT. (see page 82)



Media attorneys

Leeper, the lawyer fot the NYT states that the NYT doesn't have documents regarding other NYT reporters.

MR. LEEPER: WE HAVE NO DOCUMENTS SHOWING THAT TIMES REPORTERS, OTHER THAN MS. MILLER, WERE AWARE OF THE IDENTITY OF VALERIE PLAME, OR THAT MENTION VALERIE PLAME, OR THE WIFE OF JOSEPH WILSON PRIOR TO THE DATE SPECIFIED IN CATEGORY NUMBER ONE AND CATEGORY NUMBER TWO OF THE SUBPOENA.  


Levine, lawyer for NBC and Mitchell states that they have no documents mentioning Plame before July 14, 2003.

MR. LEVINE: THERE IS NO DOCUMENT IN OUR POSSESSION THAT INDICATES THAT ANYBODY AT NBC NEWS, INCLUDING ANDREA MITCHELL AND INCLUDING TIM RUSSERT, WAS AWARE OF WHO VALERIE PLAME WAS OR THAT SHE EXISTED PRIOR TO JULY 14TH.


The TIME attorney makes the interesting point that the discrepances refered to regarding the Cooper drafts relate to the article he wrote in 2005.


MR. LACHOW: WHAT WE ARE TALKING ABOUT ARE SOME DRAFTS RELATING TO ARTICLES PUBLISHED TWO YEARS LATER BY MR. COOPER THAT DISCUSS HIS TESTIMONY BEFORE THE GRAND JURY. THAT'S WHAT WE ARE TALKING ABOUT, SOME DRAFTS AND SOME INTERNAL CORRESPONDENCE RELATING TO THOSE DRAFTS PRODUCED TWO YEARS LATER.

Originally posted to pollyusa on Fri Jul 07, 2006 at 03:25 PM PDT.

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