Able Danger Blog


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Saturday, March 10, 2007

Triple Cross mentioned on Limbaugh

From yesterday's show:

RUSH: Chico in California. Welcome, sir, to Open Line Friday. Nice to have you with us.

CALLER: Sir, thank you. Mega Sierra Nevada 82nd Airborne dittos, Rush. Thank you.

RUSH: You bet.

CALLER: I was calling because I'm just pretty incensed about this prosecutor, Patrick Fitzgerald for just the actions that he's done. He hasn't allowed Scooter Libby to provide experts to corroborate his own memory loss but also others, not to mention just the fact of how memory works, not to allow it for his own defense, and I can't understand how they let this juror, who was writing a book, stay on the jury.

RUSH: Well, they didn't know that the juror was writing a book. I've talked to somebody in the know on this, and by the time this juror, this Denis Collins, got to them, they had used up all their strikes. They had MoveOn.org people in the jury pool. They had all kinds of leftists. By the time this guy came around, they knew he was a journalist. They knew he was a neighbor of Russert's, worked for Woodward and worked for the Washington Post, that het'd written books on the CIA and spying. But there was nothing they could do.

CALLER: Is that an out for a possible appeal? Are they going to use that, do you know, or is that something that they can actually go after?

RUSH: Here's what I think they're going to use on appeal. First, they're going to ask for a new trial. That will be denied. Because you ask the trial judge, and Reggie Walton is not going to say, "Yeah, I screwed up. Let's do it again."

CALLER: Of course not.

RUSH: So here's the grounds for the appeal. The judge was in a state of personal pique when they didn't put Libby on the stand. At the opening of the trial, Ted Wells said they were going to call Libby. They decided not to call Libby. It's none of the judge's business. There's a Fifth Amendment right. You don't have to take the stand when you're the defendant, and it cannot be held against you. This is law. Once you get to the jury room, of course all things can change. But it cannot be held against you, especially by the trial judge when you decide not to testify. Because Libby didn't testify after his lawyers indicated that he would. They did not allow evidence or witnesses to show that Tim Russert had memory lapses, too.

One of the things they wanted to bring forth was video where Russert had said, three times, that he knew that you could not have a lawyer present during grand jury testimony when you are subpoenaed to go in there and be asked questions. But he had said in trial that he didn't know that you couldn't have a lawyer in there. Now, it's germane to nothing, but it would have given the jurors more reason to doubt the credibility of Russert because it was his testimony that many feel was the straw that broke the camel's back because Libby said that he had told Russert about Valerie Plame or Russert had told him, one of the two, and Russert said, "I never spoke to Libby about her," and the jury believed Russert. So the defense wanted to bring in these videotapes to show that Russert doesn't remember saying certain things, that nobody does.

Everybody has faulty memories. Charles Krauthammer wrote about this today and asked a good question. I will repeat to you this question. "When was the first time you heard about Valerie Plame being in the CIA, and who told you?" Where did you read it? Maybe it was me, but stop and think. This is what this trial was about. Libby was out there saying, "Gosh, I don't know. It was this and that." That's why the whole trial was bogus. That will be the grounds for appeal. There were examples that all of these witnesses that were incriminating Libby had also demonstrated that they had infallible memories, and that was not allowed by the judge. So that will probably be one of the areas of appeal that the Libby team will zero in on.

CALLER: Well, I just can't believe that this is actually a process crime that went this far. I have a relative that just recently was elected as a DA of a certain county here in California which I won't say, and I respect his professionalism and his respect of the law, and to see this prosecutor, a federal prosecutor, act this way... I mean, here's a book about this guy that people may not know about, about Patrick Fitzgerald, and it has to do with terrorism in this country. It's called "Triple Cross." I'm not sure if you've ever heard about it, but it is quite eye opening.

RUSH: It doesn't ring a bill, but I can't say I haven't. I might be called to testify since we're reading Fitzgerald here.

CALLER: Well, he was the biggest disconnector of the dots leading up to 9/11 and many years back when they had a special prosecutor --

RUSH: Well, wait a minute, now. Fitzgerald was on a legal team that successfully put a bunch of these terrorists behind bars back in the nineties, the blind sheik, Omar Abdel Rahman and others.

CALLER: Well, when he did his testimony before the 9/11 Commission and he talked about Able Danger but he did not mention this one guy who pretty much infiltrated the CIA, the FBI, and the JFK Special Warfare Unit. He was a former Egyptian officer. He was bin Laden's main trainer of bodyguards, and this is all documented and proved by this author. HIs name is Peter Lance, and it goes back for many, many, many years.

RUSH: Now, I must admit, this is the first I'm hearing of this.

CALLER: The guy's name, the spy, his name was Ali Mohammed and he went by many other aliases, obviously, but I encourage you to read this book, Rush, if you want to be scared about this prosecutor.

RUSH: I'll find out. You wonder why he went forward with the case when you mentioned other prosecutors wouldn't. I'll try to take a stab at it.