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The Daily Nightly began on May 31, 2005. As Brian wrote in his first post it aims to provide a narrative of the broadcast day and a window into the editorial process at NBC Nightly News. Brian weighs in every weekday and NBC News correspondents and producers post regularly.

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"I don't recall"

Two voices boom and fill the courtroom. Louder than what normally flows from a witness on the stand. These voices feel bigger than life. And what hangs in the air is the repeated sound of "I don't recall."

One voice belongs to the man on trial, Lewis "Scooter" Libby. The other to Special Counsel Patrick Fitzgerald who is prosecuting this case. Yet simultaneously, both men are sitting quietly at their opposing tables, sometimes taking notes or glancing to the big screen that displays their words scrolling line by line from a transcript. 

What we are listening to are tapes of Libby's grand jury testimony from March 2004. We haven't heard it all as of this writing, but I can share some impressions. Libby sounds calm and polite. What is most striking is that he uses the phrase "I don't recall" again and again. I would guess hundreds of times. It has been so frequent it almost feels like a reflexive response to question after question. The repetition makes use of every form of the phrase, ranging from "I don't know" to "I don't recollect" to "I don't remember."

His responses follow pressing and repeated questions about what he knew and who he talked to about a CIA operative, Valerie Wilson, whose husband was a vocal war critic. Libby's inability to remember appears in stark conflict with other witnesses who have already testified at this trial. Those witnesses, government officials and reporters, did recall in great detail discussing Valerie Wilson and her CIA job with Libby. Libby is not denying those conversations. He says he can't remember them. 

Sometimes it's tedious, but it's also intriguing -- especially as Libby recounts events inside the White House and conversations with the vice president. The kinds of things usually kept secret. Libby is accused of perjury and obstruction. He is charged with five felonies. Serious business. He, like any defendant, is presumed innocent.

The prosecution calls it a lie. The defense says Libby was a man too busy to remember all the details. The jury will have the final say.

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COMMENTS

Could someone explain to the viewers why Libby's outing of a CIA agent is or is not a violation of the Patriot Act? If it is, it would be an example of appropriate justice.

Anyone who leaks a CIA operatives identity has made an attack against our nation's intelligence and that means that all the work that she risked her safety getting was used as a political tool against her husband? What if she had turned up dead? Rove and Libby, you have to be as dumb as your boss because CIA agents usually have ways of repaying betrayal. SLEEP TIGHT!

It shows so far that Cheney was the main one that started the leak of Plame in order to discredit Joe Wilson. Time and time again you have heard in the past,news reporters, critizing Joe Wilson as not being creditable. The Administration is trying to cover up their reason for the Araq war.

"Given that liberals are the least likely group to volunteer for the military, especially front-line...."

And where, Dave (or is it dave 3?), does this "statistic" (actually an assumption) come from, that great intellectual Rush Limbaugh? Bill O'Reilly? Other conservative "experts"? Last time I looked there were a disproportionate number of poor folks in the military, and poor folks are a lot more likely to be Democrats than Republicons.

There WAS this rich liberal guy named John Kerry, from a good family like W, who served in the front lines in Viet Nam and was wounded while W was drinking, chasing tail, and hiding out in the Texas National Guard back in the day when the Guard did not go overseas. Then there is that "liberal" John Murtha, who served in the Marines. (He's not really a liberal, but in conservative circles anyone who does not goosestep to W's tune is considered one). Was Daniel Inouye, the Democratic Senator from Hawaii who was wounded in WWII, another "liberal" who dodged combat? How about all the wounded Iraq veterans who ran for Congress - as Democrats -last election?

"Liberals" have this really strange belief that in the long run a nation has more to gain by talking to other nations than by bombing them, and therefore we should only bomb others as a last resort. It's why "liberals" like Jimmy Carter win Nobel prizes, while warmongers like W will most likely be indicted for war crimes.

The interesting thing here is that it's been known for many months that Richard Armitage leaked Plame's identity. Fitzgerald had an admission from him ages ago. So, Libby is being tried for perjury supposedly to cover up a leak that the prosecutor knows that Libby - but the prosecutor knows Libby wasn't actually the source of the leak. So, he's being prosecuted for lying to cover up his part in a crime he never committed, right?

Is it just me, or does this make no sense?

This trial is about lieing to a grand jury and the FBI. Llibby is not charged with outing a covert CIA Agent, because she was not covert and no law was violated, except in Joe Wilson's head. Clinton's memory failed him 267 during a one day deposition, according to the Washington Times.

This is amusing. Hasn't anyone read about the reporters' memory changing and tremendously improving upon threat by prosecutor. How about the Miller finding her notes in the trash after several months. C'mon.

At least we know no national security crime occurred (else someone would be charged...right) unlike when Clinton's NSA director Berger, stole and destroyed classified information of how Clinton failed.

Final question for the wacko liberals --- where in history has someone lost a war without losing any military battles? Never happened in American before -- Vietnam and Korea both had numerous military setbacks, and we never controlled the key geographies

Final Final Question -- Given that liberals are the least likely group to volunteer for the military, especially front-line -- why are they the most vocal in opposition?

Libby is using what I call the "Ed Meese" defense. Ed was a former AG and one of Ronald Reagan's boys, who when he testified suddenly could not remember anything.

Too bad the conservatives can't remember all the deceit and double dealing in that administration; they pretend that Clinton invented lying when the Reagan/Bush gang perfected it.

Dave, the joke is that millions of taxpayers dollars were spent to prove that Clinton lied about an affair (not exactly an unusual occurrence in DC) Libby, Cheney, Bush, Condi and all those monsters lie and people die for it.

This is all a waste of time and taxpayers' money. Our government is no different than any other of the "corrupt" governments of the world. Politicians are just getting caught more frequently. Even if he is guilty, good 'ol GW is going to pardon his cronies away. Any bets on that last statement????

ANy bets on that

After the jury decides this one, the dominos will fall uphill to Rove and Cheney. The administration, already a disgrace, will be in lame duck status at best. Deception breeds deception. And when these 8 years have passed, the facts of their efforts to create a police state under the cover of homeland security will astound the world.

My, my, Scooter has an advanced intermittent case of Alzheimer's. That would be sad if it were true, but he's just the first pin to fall in this litany of lies from the highest echelon of political power in our country. One hopes once Mr. Libby is cured of his poor memory, the prosecutor will go right up the food chain and provide time off from work, preferably a chain gang, for Messrs. Cheney, Rove and any others who contributed this disgusting example of leadership of our wonderful country and our freedoms. Shame on them. Hopefully, they will all get what they deserve and if their boss knew what his minions were doing, he could join them.

Go Jackie Rawlings!!!!! I couldn't have express it better myself!!! With brothers in the armed forces I know exactly what you mean...one brother have already done 2 tours!!!!

Every president and his team are always responsible for some wrongdoing.The extent of it makes a difference.This administration has lied bluntly to the american people about anything you can mention from war justifications,helping the country become less dependent on foreign oil while giving huge tax cut to the oil companies so they can squeze more money out of us.About cutting taxes for the american people that deserved a refund (slogan during the first Bush campaign)I have to laugh.Those making less than $23000.00 a year if I am not mistaken did not get anything ,the middle class is being hit by the alternative minimun tax thanks to Mr president across the board cuts.On the other hand states have raised taxes like never before to make up for funds the fed govmt provided before ,tuition out of control ,health care premiums out of control ,insurance companies reaping profits like never before while providing less coverage nad all of that under the watch of a great republican .Foreign policy and history tests that our president takes are constantly flunked with scores below 40 .Of course for big companies and those that have money this administration is a sanctuary.Let us not forget the ones in this category are not the majority of the people.For those that support his policies but are still believing everything he says is right , then the only chance they have to understand a little bit what is really going on will be when they are directly affected by his distorted view of the american dream.

I judge Mr. Libby's testimony before the grand jury was deceptive and he is guilty of perjury in this case as charged. The larger question remains, to what extent was Vice President Cheney involved? This question should properly be the subject of a US Congressional investigation. In my humble opinion, I believe there are treasonable acts at the center of this controversy and grounds for empeachment of the Vice President.

Come on! Libby was set up by Bush and Cheney! Now he's trying to protect himself. This 'White House' is the most arrogant in history as they think they can do anything and get away with it. So what's the big surprise that they through Libby under the bus?

I don't remember, to the best of my recollection, etc. all worked great for Nixon, Reagan, Ollie North, Negroponte, and numerous other Republican operatives when their crimes were discovered. Why wouldn't Cheney and Libby fall back on a tried and proven technique? The only thing about this that is a joke (and the joke is a sad one) is that too many blind and obedient americans think that their leaders must be obeyed and honored whether they are right or wrong, and often these sheeple don't even bother to ask themselves if it's right or wrong. Cheney, Libby, Rove, and the whole neocon cabal should be in prison.

The Bush administration is doing it again. Making a lot of noise about troop movements in order to divert attention from the real story. Wake up! The TOP story should be the Libby Trial and the Vice President’s involvement. The Vice President’s actions border on treason, and should be investigated as such.
Instead, this administration has wagged the dog once again and allowed the media and our political leaders to be sucked in, like the lemmings, they are. When will you all wake up to the manipulation? Has anyone noticed that the escalation talks ramped up when the Libby trial was starting to pick Jurors and when the information about Cheney’s involvement was starting to get out is when the announcement to hold and shoot Iranians was announced. Can anyone tell me when troop fluctuation during a military conflict became such big news? Answer, Not until this administration made it an issue. Remember this increase in troops will only bring us back to the levels we were at two years ago. When will you ALL wake up to the manipulation. This administration has fooled you all once again. Classic Karl Rove politics at its' finest. Divert attention when necessary, change the subject to an argument the other side has a tough time winning. Classic Rove strategy. All anyone talked about on the Sunday talk shows was Iraq. There was hardly any mention of the Libby affair.
The real story you should be concentrating on is the Vice Presidents involvement in the outing of a CIA agent, and the manipulations that took us into an unnecessary war.
This trial is possibly one of the most important trials in American Government. It is becoming very apparent that the administration was deeply involved, to the highest levels, in illegally outing a CIA agent, as well as manipulating and in some cases flat out lying about the intelligence that has cost the lives of so many people, by leading our great nation into the quagmire it has.
The Watergate trial paled in comparison. Watergate was about a break in during a political campaign. This trial is about matters of national security. This trial involves many members of the Whitehouse staff. This trial concerns the loss of our brave soldiers as well as the lost lives of many innocent people. The underlying story of this trial has cost our nation it’s prominence in the global arena. The actions of this administration have cost the American citizens hundreds of Billions in resources needlessly.
Yes, this is an important trial in the history of America, and the American public deserves to be better informed.

Reagan INVENTED the 'I don't recall' defense with in the Iran-Contra hearings.The fact remains that an undercover CIA operative was outed--putting her life and her colleagues life at risk. Republicans were in charge and one of them leaked her identity for polical gain. It's nothing short of treason. It's also interesting to note that Plume was working in the area of Iran's weapon prolification. How handy would some intelligence be in that area now?

Libby sounds like a recorder was planted in his head, but conveniently, right after the story broke.

"I don't know" worked really well for Ronald Reagan, too. If you're going to do engage in the old "blame Clinton" every time the current administration gets into trouble at least know your history.

This is not about Clinton. This is about "lying" under oath -- hardly a joke. I wonder if it was a "joke" when Clinton lied under oath.

Why are the very people who wanted Clinton's head on a pike for lying under oath the same ones who now claim Libby is being "Nifonged?" I don't recall Clinton's personal infractions as exposing the covert status of a CIA agent, endangering the lives of those who worked with her going back 20 years of service to this country, and sending a chilling affect on CIA recruiting efforts for decades to come. Let's get some perspective here.

Comparing the illegal outing of a CIA operative in retaliation for Joe Wilson exposing the lack of evidence justifying the Iraq war with the events surrounding an extramarital affair. I guess in some people's judgment, its the same thing. However, if this is the case, then shouldn't Bush also be subject to impeachment, unless Dave is arguing that the cover up and misinformation regarding the reasons we went to war is more trivial than Bill's fling. I am sure that the 3000 dead American troops would have disagreed with such an assessment.

Dave from Tennessee seems not to recall that Ronald Reagan used that tactic when he testified about the Iran-Contra Affair, at least 200 times.

Patrick knew the leaker before he filed charges against libby. it is a waste of tax payer money.

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