In the words of Lance Dunston who is reporting on the trial of Scooter Libby for MaineWebReport, "Wells is frying Russert here."
Russert is Tim Russert of NBC's Meet the Press. Wells is Theodore Wells, defense attorney for I. Lewis Libby who is on trial for perjury and obstruction of justice for his testimony in the investigation of the outing of Valerie Plame. Plame is the CIA employee who sent husband Joe off to Africa, ostensibly to find out if Iraq had successfully acquired uranium from Niger. Joe returned to say it didn't happen and then went on to accuse the Bush Administration twisting intelligence to justify the invasion of Iraq. In the midst of all this Val's CIA affiliation became public knowledge and the investigation into the leaking of that bit of information ensued.
The crux of the matter is the disagreement between Libby and several journalists over who first told whom about Val's CIA employment. Libby says Russert told him. Russert says he never mentioned it. The Special Prosecutor thinks Russert is telling the truth and Libby is not.
But today was not a good day for big Tim. Clarice Feldman explains in her post at JustOneMinute.
In sum, Wells established that (a) the FBI report of his conversations (they say he had two, he only recalls one) made far closer in time to the event indicate he conceded that Ms. Wilson's name may have come up in their conversation though he earlier discounted that as "impossible" (b) In a heated matter involving the Buffalo News, his own memory was faulty. He'd made two angry calls to a critical reporter, denied that he had, and then, after checking his phone records, apologized, asserting he had no memory whatsoever of the calls, and (c) while making an impassioned plea for the right of reporters to protect the confidentiality of sources, he'd already twice discussed the Libby exchanges with the FBI and failed to disclose that to the Court or the public.
From a filing by the prosecutor last evening trying to block inquiry into the accommodations made to Russert for his (total of 22 minutes) deposition testimony in his lawyer's offices, it appears that while this last point was not specifically noted in any pleadings I can see, the defense was provided with the FBI notes which provided some notice to them of the discrepancies in the NBC public pleading and that it contained a false suggestion that Russert had not already cooperated with the government. It is not clear that this Court, or the Court which determined the related case on the reporters' obligation to testify, was ever informed that the Russert filing was false.
Not a good day for big Tim.