The MSM has bought the story of Armitage as the "source" hook, line, and sinker. But there is increasing evidence that Fitzgerald will have some surprises that will undercut that story. In a proposed intstruction to the jury explaining Libby's defense, Libby's team seems to come close to admitting that Libby leaked something classified about Joe Wilson to Robert Novak.
Here's the key passage:
Mr. Libby further contends that when the investigation began, he was confident that he had not provided any information about Mr. Wilson's wife to Robert Novak, and that he had not disclosed classified information about Mr. Wilson or his wife to any other reporters. Further, Mr. Libby was well aware when he was first interviewed by the FBI and when he testified to the grand jury that the investigators could and likely would talk to the journalists he spoke with concerning Ambassador Wilson and that those journalists would truthfully recount their recollections of the conversations he had with them.
Libby is describing the story he'll tell to the jury. But he makes a distinction between what he'll say about every journalist except Novak:
he had not disclosed classified information about Mr. Wilson or his wife to any other reporters.
And what he'll say about Novak:
he had not provided any information about Mr. Wilson's wife to Robert Novak
Libby is basically saying he disclosed info about Joe and Valerie to other journalists, but none of that was classified. And he seems to suggest that he didn't leak anything at all about Valerie to Novak. But look at the implication--he doesn't say the same about Joe! Is Libby going to admit to leaking classified information on Joe to Novak?
Here's why I think it might be the trip report.
First, we know Novak spoke about the trip report with someone from the White House--either Rove or someone else. Novak ended his column with the words,
The story, actually, is whether the administration deliberately ignored Wilson's advice, and that requires scrutinizing the CIA summary of what their envoy reported. The Agency never before has declassified that kind of information, but the White House would like it to do just that now -- in its and in the public's interest.
That doesn't mean he saw it--but it sure suggests he learned a good deal about it.
But the reason why I'm beginning to suspect that Libby, not Rove, leaked this to Novak is because in some of Novak's ever-changing stories, he says he raised the question with Armitage of why Joe got sent by saying Joe never worked at the CIA. There is no way Novak could have asserted that--particularly for someone like Wilson whose career was full of jobs that might be official cover--unless someone told him that.
But that is precisely the kind of information that would be included in the trip report. The SSCI, after all, tells us the report said,
The report did not identify the former ambassador by name or as a former ambassador, but described him as "a contact with excellent access who does not have an established reporting record."
Doesn't it seem likely that the sentence before this one described "the former ambassador's" background?
Now, let me clear, this is still a wildarsed guess. But we do know the following:
- Libby and Novak had a conversation that Fitzgerald subpoenaed (but that Novak has not revealed)
- Libby and Novak offered identical formulations for how they were willing to waive reporters' privilege--and that formulation, if Fitz had allowed it, would have hidden their conversation
- Novak came into his meeting with Armitage (you know, his primary--but not necessarily first--source?) knowing that Joe had never worked at the CIA--something that would have required classified information to know
It's going to be an interesting trial.