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Context of 'February 12, 2004: Cheney’s Chief Counsel Gives Statement to FBI concerning Conversation with Libby'

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Lewis Libby, the chief of staff for Vice President Dick Cheney, meets with New York Times reporter Judith Miller, during which time he gives Miller information he wants her to use to discredit administration critic Joseph Wilson (see 8:30 a.m. July 8, 2003). Libby tells Miller that Wilson’s wife, Valerie Plame Wilson, is a CIA agent. After meeting with Miller, Libby returns to the White House and immediately consults with Cheney’s chief counsel, David Addington. At Miller’s request, Libby had promised her that he would try to find out more about Wilson and his wife, and apparently he goes to Addington for additional information about the two, asking, according to court papers filed as part of Libby’s later indictment (see October 28, 2005), “in sum and substance, what paperwork there would be at the CIA if an employee’s spouse undertook an overseas mission.” Addington assures Libby that the classified information he divulged to Miller (see 7:35 a.m. July 8, 2003) was, by default, declassified once President Bush gave his permission to leak it: Addington tells Libby “that presidential authorization to publicly disclose a document amounted to a declassification of the document” (see July 12, 2003). Four days after Libby’s meetings with Miller and Addington, Libby speaks with Miller again, and gives her supplementary information about the Wilsons (see Late Afternoon, July 12, 2003). The information comes from court records and documents later made part of the special counsel’s investigation into the Plame Wilson leak. Nothing in those documents and records suggests that Addington broke the law, or had any role in, or knowledge of, leaking Plame Wilson’s identity to the press. However, as reporters Murray Waas and Paul Singer will later write: “Addington was deeply immersed in the White House damage-control campaign to deflect criticism that the Bush administration misrepresented intelligence information to make the case to go to war with Iraq, according to administration and Congressional sources. Moreover, as a pivotal member of the vice president’s office, Addington also attended strategy sessions in 2003 on how to discredit Wilson when the former ambassador publicly charged that the Bush administration misled the country in pushing its case for war, according to attorneys in the CIA leak probe” (see October 1, 2003). [Office of the Vice President, 7/8/2003 pdf file; US District Court for the District of Columbia, 8/27/2004 pdf file; US District Court for the District of Columbia, 10/28/2005 pdf file; National Journal, 10/30/2005]

Entity Tags: Richard (“Dick”) Cheney, Valerie Plame Wilson, Paul Singer, Lewis (“Scooter”) Libby, Judith Miller, Bush administration (43), Murray Waas, David S. Addington, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

Vice President Dick Cheney either authorizes or gives the green light to his chief of staff Lewis Libby to leak classified information to New York Times reporter Judith Miller (see 8:30 a.m. July 8, 2003). Libby understands that the authorization for the leak comes directly from President Bush (see March 5, 2004 and March 24, 2004). [US District Court for the District of Columbia, 5/5/2006 pdf file; US Department of Justice, 2/2007 pdf file; Marcy Wheeler, 2/18/2007]

Entity Tags: Judith Miller, George W. Bush, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The Library Lounge of the St. Regis Hotel, where Libby and Miller discussed the Wilsons.The Library Lounge of the St. Regis Hotel, where Libby and Miller discussed the Wilsons. [Source: Starwood Hotels]Lewis Libby, Vice President Dick Cheney’s chief of staff, meets with New York Times reporter Judith Miller for breakfast at the St. Regis Hotel in Washington, DC. Libby has already learned that Joseph Wilson’s wife, Valerie Plame Wilson, is an undercover CIA agent (see 12:00 p.m. June 11, 2003 and (June 12, 2003)).
Again Reveals Plame Wilson's CIA Identity - During their two-hour meeting, Libby again tells Miller, who will testify to this conversation over two years hence (see September 30, 2005), that Wilson’s wife is a CIA agent (see June 23, 2003), and this time tells Miller that she works with WINPAC, the CIA’s Weapons Intelligence, Non-Proliferation, and Arms Control bureau that deals with foreign countries’ WMD programs.
Claims that Iraq Tried to Obtain African Uranium - Libby calls Wilson’s Times op-ed (see July 14, 2003) inaccurate, and spends a considerable amount of time and energy both blasting Wilson and insisting that credible evidence of an Iraq-Niger uranium connection indeed exists. He also says that few in the CIA were ever aware of Wilson’s 2002 trip to Niger to verify the uranium claims (see February 21, 2002-March 4, 2002). Miller will write: “Although I was interested primarily in my area of expertise—chemical and biological weapons—my notes show that Mr. Libby consistently steered our conversation back to the administration’s nuclear claims. His main theme echoed that of other senior officials: that contrary to Mr. Wilson’s criticism, the administration had had ample reason to be concerned about Iraq’s nuclear capabilities based on the regime’s history of weapons development, its use of unconventional weapons, and fresh intelligence reports.” Libby gives Miller selected information from the classified National Intelligence Estimate on Iraq (NIE—see October 1, 2002) that he says backs up the administration’s claims about Iraqi WMD and the Iraq-Niger uranium claim. That information will later be proven to be false: Cheney has instructed Libby to tell Miller that the uranium claim was part of the NIE’s “key judgments,” indicating that there was consensus on the claim’s validity. That is untrue. The claim is not part of the NIE’s key judgments, but is contained deeper in the document, surrounded by caveats such as the claims “cannot [be] confirm[ed]” and the evidence supporting the claim is “inconclusive.” Libby does not inform Miller about these caveats. [New York Times, 10/16/2005; Dubose and Bernstein, 2006, pp. 216-217; Rich, 2006, pp. 183-184; Washington Post, 4/9/2006] In subsequent grand jury testimony (see March 24, 2004), Libby will admit to giving Miller a bulleted copy of the talking points from the NIE he wanted her to emphasize. He will tell prosecutor Patrick Fitzgerald that he had it typed by his assistant Jenny Mayfield. “It was less than what I had been authorized to share with her,” he will say, and describes it as about a third of a page in length. This document will either not be submitted into evidence in Libby’s trial (see January 16-23, 2007) or not be made publicly available. [Marcy Wheeler, 2/22/2007]
Libby Identified as 'Former Hill Staffer' and Not White House Official - Miller agrees to refer to Libby as a “former Hill staffer” instead of a “senior administration official” in any story she will write from this interview. Though technically accurate, that characterization, if it had been used, would misdirect people into believing the information came from someone with current or former connections to Congress, and not from the White House. Miller will not write a story from this interview. In later testimony before a grand jury, Libby will falsely claim that he learned of Plame Wilson’s CIA identity “from reporters.” The reverse is actually true. [New York Times, 10/16/2005; Dubose and Bernstein, 2006, pp. 216-217; Rich, 2006, pp. 183-184] Libby is also apparently aware of Wilson’s 1999 trip to Niger to find out whether Pakistani scientist A. Q. Khan had tried to procure Nigerien uranium (see Late February 1999), as Libby’s notes include the notation “Khan + Wilson?” Cheney’s chief lawyer, David Addington, has also asked Libby about Wilson’s 1999 trip. [Wilson, 2007, pp. 361-362] Libby has authorization from Cheney to leak classified information to Miller, and understands that the authorization comes directly from President Bush (see 7:35 a.m. July 8, 2003). It is unclear whether Libby has authorization from Cheney or Bush to divulge Plame Wilson’s CIA identity.
Miller Learned Plame Wilson Identity from Libby - Miller will later testify that she did not learn Plame Wilson’s identity specifically from Libby, but that testimony will be undermined by the words “Valerie Flame” (an apparent misspelling) written in her notes of this meeting. She will also testify that she pushed, without success, for her editors to approve an article about Plame Wilson’s identity. [New York Times, 10/16/2005]

Entity Tags: Jennifer Mayfield, Weapons Intelligence, Nonproliferation, and Arms Control, Judith Miller, Central Intelligence Agency, Abdul Qadeer Khan, Bush administration (43), Valerie Plame Wilson, Patrick J. Fitzgerald, Joseph C. Wilson, Lewis (“Scooter”) Libby, David S. Addington

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Vice President Dick Cheney authorizes his chief of staff, Lewis Libby, to leak to the press selected portions of a highly classified CIA report: the debriefing of former ambassador Joseph Wilson upon his return from Niger (see March 4-5, 2002 and March 5, 2002). This will become public in 2006, when material from Libby’s grand jury testimony in the Plame Wilson leak investigation is made known (see March 5, 2004, March 24, 2004 and October 28, 2005). Cheney intends to undermine the credibility of Wilson (see June 2003), a prominent war critic, by using the report to contradict his statements that the Bush administration was manipulating intelligence to bolster its claims that Iraq was in possession of WMD (see July 6, 2003), especially his claims that Iraq had not, as the administration has repeatedly claimed (see Mid-January 2003 and 9:01 pm January 28, 2003), tried to buy uranium from Niger. The CIA debriefing report does not mention Wilson’s wife, Valerie Plame Wilson, a covert CIA agent, nor does it say that Plame Wilson arranged for her husband to go to Niger, as Cheney, Libby, and others will claim. [National Journal, 6/14/2006; National Journal, 1/12/2007] After Libby is indicted for perjury (see October 28, 2005), criminal defense lawyer Jeralyn Merritt will write on the progressive blog TalkLeft, “It sure sounds to me like the mechanics of the plan to leak the information about Wilson was cemented, if not formed, on Air Force Two, as a follow up to Ari Fleischer’s press gaggle attack on Wilson from Africa (see 3:20 a.m. July 12, 2003), and that the plan was to call reporters and leak the information about Wilson and his wife as gossip coming from other reporters, while shielding themselves by claiming to the reporters that they couldn’t be certain the information was true.” [Jeralyn Merritt, 10/31/2005]
Leaking Plame Wilson's Identity - Hours after Cheney instructs Libby to disclose information from the CIA report, Libby informs reporters Judith Miller (see Late Afternoon, July 12, 2003) and Matthew Cooper (see 2:24 p.m. July 12, 2003) that Plame Wilson is a CIA agent and she was responsible for selecting her husband for the Niger mission (see February 19, 2002, July 22, 2003, and October 17, 2003).
Denials - Both Libby and Cheney (see May 8, 2004) will testify that Cheney did not encourage or authorize Libby to reveal Plame Wilson’s CIA status. Reporter Murray Waas will write, “But the disclosure that Cheney instructed Libby to leak portions of a classified CIA report on Joseph Wilson adds to a growing body of information showing that at the time Plame [Wilson] was outed as a covert CIA officer the vice president was deeply involved in the White House effort to undermine her husband” (see July 7, 2003 or Shortly After, July 7-8, 2003, and July 8, 2003 and After). The same day, Cheney, Libby, and Cheney’s press spokesperson Cathie Martin discuss ways to rebut and discredit Wilson (see July 12, 2003). President Bush has already authorized Libby to disclose information from a classified intelligence estimate on Iraq in part to discredit Wilson (see March 24, 2004). [National Journal, 6/14/2006; National Journal, 1/12/2007] Senior White House officials, including Deputy National Security Director Stephen Hadley and White House communications director Dan Bartlett, who have both worked with Cheney and Libby to formally declassify information in the effort to discredit Wilson (see July 6-10, 2003), will testify that they knew nothing of Cheney’s attempts to declassify the Wilson briefing. [National Journal, 1/12/2007]

Entity Tags: Judith Miller, Central Intelligence Agency, Catherine (“Cathie”) Martin, Bush administration (43), Dan Bartlett, Joseph C. Wilson, Richard (“Dick”) Cheney, Matthew Cooper, Jeralyn Merritt, Murray Waas, Valerie Plame Wilson, Stephen J. Hadley, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

New York Times reporter Judith Miller again speaks to Lewis Libby, Vice President Dick Cheney’s chief of staff, in regards to the Iraqi WMD controversy and the recent op-ed by former ambassador Joseph Wilson (see July 6, 2003). In Miller’s notes, she writes the words “Victoria Wilson.” Libby has twice informed Miller that Wilson’s wife, Valerie Plame Wilson, is a CIA agent (see June 23, 2003 and 8:30 a.m. July 8, 2003).
Miller Unsure of Details of Disclosure - In testimony about the interview two years later (see September 30, 2005), Miller will say that “before this [telephone] call, I might have called others about Mr. Wilson’s wife. In my notebook I had written the words ‘Victoria Wilson’ with a box around it, another apparent reference to Ms. Plame, who is also known as Valerie Wilson. I [testified] that I was not sure whether Mr. Libby had used this name or whether I just made a mistake in writing it on my own. Another possibility, I said, is that I gave Mr. Libby the wrong name on purpose to see whether he would correct me and confirm her identity.” In her testimony, Miller will say that at the time, she believed she had heard Wilson’s wife only referred to by her maiden name of Plame. When asked whether Libby gave her the name of Wilson, Miller will decline to speculate.
Criticizing Plame Wilson's Husband - During their conversation, Libby quickly turns the subject to criticism of Wilson, saying he is not sure if Wilson actually spoke to anyone who had knowledge of Iraq’s attempts to negotiate trade agreements with Niger. After Miller agrees to attribute the conversation to “an administration official,” and not Libby himself, Libby explains that the reference to the Iraqi attempt to buy uranium from Niger in President Bush’s State of the Union address—the so-called “sixteen words” (see 9:01 pm January 28, 2003)—was the product of what Miller will call “a simple miscommunication between the White House and the CIA.”
'Newsworthy' Disclosure - Miller will later testify that at the time, she felt it “newsworthy” that Wilson’s wife was a CIA agent, and recommended to her editors that the Times pursue the angle. She will write: “I felt that since the Times had run Mr. Wilson’s original essay, it had an obligation to explore any allegation that undercut his credibility. At the same time, I added, I also believed that the newspaper needed to pursue the possibility that the White House was unfairly attacking a critic of the administration.” [US District Court for the District of Columbia, 8/27/2004 pdf file; New York Sun, 10/4/2005; New York Times, 10/16/2005; New York Times, 10/16/2005; US District Court for the District of Columbia, 10/28/2005 pdf file]

Entity Tags: Lewis (“Scooter”) Libby, Judith Miller, Valerie Plame Wilson, Joseph C. Wilson, Central Intelligence Agency

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

According to anonymous White House sources, the Bush administration is using a two-track political strategy to counter fallout from the Plame Wilson investigation. White House officials are encouraging Republicans to attack the credibility and impartiality of Joseph Wilson, the husband of outed CIA agent Valerie Plame Wilson, and portray him as a partisan Democrat with a bent towards smearing the administration; the Republicans are also being encouraged to portray Democrats as politically driven scandalmongers hoping to use the investigation to influence the 2004 presidential election. Simultaneously, White House officials, in conjunction with Republican leaders on Capitol Hill, are scrambling to ensure that no Congressional Republicans break ranks and call for an independent inquiry into the leak that would not fall under the direct control of the Justice Department. The White House is resisting Democratic calls for an independent special counsel to handle the investigation (see October 1, 2003). One Republican Congressional aide calls the strategy “slime and defend,” referring to the White House’s attempt to besmirch Wilson’s motivations and simultaneously shore up Republican support. The strategy seems to be working, the aide says: “So far so good. There’s nervousness on the part of the party leadership, but no defections in the sense of calling for an independent counsel.” A Republican National Committee memo distributed to Congressional Republicans gives one suggested talking point on attacking Democrats: “Lacking a positive issue agenda to offer the American people, the Democratic Party now returns to what they have long seen as their best opportunity to defeat President Bush and Republicans—scandalmongering.” House Republicans are passing out white paper bags labeled “Leak Hyperventilation Bag,” explaining that the bags are for Democrats who might be having trouble catching their breath over the subject. House Democrats have canceled a planned closed-door meeting with Wilson, fearing that they might be accused of playing politics on the investigation. The White House is closely monitoring five Congressional Republicans known for having something of an independent streak: Senators John McCain (R-AZ), Richard Lugar (R-IN), Chuck Hagel (R-NE), and John Warner (R-VA), and Representative Porter Goss (R-FL). The White House is working to keep these five, in particular, in line with its desired responses. [New York Times, 10/1/2003]

Entity Tags: Richard Lugar, Bush administration (43), Chuck Hagel, John McCain, John W. Warner, Joseph C. Wilson, Valerie Plame Wilson, Porter J. Goss, Republican National Committee

Timeline Tags: Niger Uranium and Plame Outing

David Addington, the chief counsel for Vice President Dick Cheney, gives a statement to FBI Section Chief Timothy Fuhrman as part of the Plame Wilson leak investigation. Fuhrman is accompanied by lawyers from the Justice Department’s Office of Special Counsel. Addington discusses the meeting he had with Cheney’s chief of staff, Lewis Libby, shortly after Libby’s conversation with New York Times reporter Judith Miller concerning Valerie Plame Wilson (see July 8, 2003). Addington says he is not sure of the date of the conversation, but fixes it somewhere between July 6 and July 12, 2003. He recalls it as taking place in an anteroom near Cheney’s office in the White House that Libby used as an office. According to Addington, Libby made “a general inquiry about the CIA’s relationship with people who are not employees but perform assignments for them.” Fuhrman’s report on his conversation with Addington “does not reflect that Mr. Libby made any reference to a spouse or wife [Plame Wilson], either when Mr. Libby asked this question or at any other point during the conversation in the anteroom with Mr. Addington.” [US District Court for the District of Columbia, 2/14/2006 pdf file]

Entity Tags: Richard (“Dick”) Cheney, David S. Addington, Judith Miller, Office of Special Counsel, Timothy Fuhrman, Valerie Plame Wilson, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

March 5, 2004: Libby Lies to Grand Jury

Lewis “Scooter” Libby, the former chief of staff for Vice President Dick Cheney, testifies under oath before the grand jury investigating the leak of CIA agent Valerie Plame Wilson’s identity (see December 30, 2003 and January 2004). According to the indictment that will later be issued against Libby (see October 28, 2005), he commits perjury during his testimony. [US Department of Justice, 3/5/2004 pdf file; MSNBC, 2/21/2007; Washington Post, 7/3/2007] Libby is questioned by special prosecutor Patrick Fitzgerald, who is aided by deputy special counsels Ron Roos, Peter Zeidenberg, and Kathleen Kedian. At the beginning of the questioning, Fitzgerald ensures that Libby understands the circumstances that constitute perjury.
Denies Being Source for Columnist - Fitzgerald asks Libby about his involvement as a source for columnist Robert Novak, who revealed Plame Wilson’s secret CIA status in a column (see July 14, 2003). Libby denies being a source for Novak.
Admits Learning about Plame Wilson's CIA Status from Cheney - He admits that Cheney told him that Joseph Wilson’s wife was a CIA officer: while discussing Wilson’s trip to Niger (see February 21, 2002-March 4, 2002), Libby says of Cheney: “And in the course of describing this he also said to me in sort of an off-hand manner, as a curiosity, that his wife worked at the CIA, the person who—whoever this person was. There were no names at that stage so I didn’t know Ambassador Wilson’s name at that point, or the wife’s name.” Libby also admits that he knew Plame Wilson worked at the “functional office” of the CIA that handled the Iraq WMD issue.
Libby 'Forgot' He Already Knew about Plame Wilson - Later in the interview, Fitzgerald asks again if it is “fair to say that [Cheney] had told you back in June, June 12 or before… that his wife worked in the functional office of counterproliferation of the CIA (see (June 12, 2003)). Correct?” Libby answers, “Yes, sir.” Fitzgerald then asks: “So when you say, that after we learned that his wife worked at the agency, that became a question. Isn’t it fair to say that you already knew it from June 12 or earlier?” Libby then answers: “I believe by, by this week I no longer remembered that. I had forgotten it. And I believe that because when it was told to me on July 10, a few days after this article, it seemed to me as if I was learning it for the first time. When I heard it, I did not think I knew it when I heard.” Libby is referring to his claim that he originally learned of Plame Wilson’s identity from NBC reporter Tim Russert (see July 10 or 11, 2003), a claim that Russert will strongly deny (see February 7-8, 2007). [US Department of Justice, 3/5/2004 pdf file]
Claims Not to Have Discussed Plame Wilson until after Novak's Column Published - Fitzgerald asks Libby if he recalls the question of whether the possibility that Plame Wilson sent her “husband on a junket” (see July 7, 2003 or Shortly After), and whether he discussed it with Cheney. Libby replies: “I don’t recall the conversation until after the Novak piece. I don’t recall it during the week of July 6. I recall it after the Novak… after the Novak article appeared.” Fitzgerald, obviously unconvinced by Libby’s claim, asks, “And are you telling us under oath that from July 6 to July 14 you never discussed with Vice President Cheney whether Mr. Wilson’s wife worked at the CIA?” Libby responds: “No, no, I’m not saying that. On July 10 or 11 I learned, I thought anew, that the wife—that the reporters were telling us that the wife worked at the CIA. And I may have had a conversation with the vice president either late on the 11th or on the 12th in which I relayed that reporters were saying that.” Libby is lying by claiming he never discussed Plame Wilson with Cheney or other White House officials between July 6 and July 14 (see July 7, 2003 or Shortly After, July 7-8, 2003, July 8, 2003, 12:00 p.m. July 7, 2003, and July 10 or 11, 2003). [US Department of Justice, 3/5/2004 pdf file; National Journal, 1/12/2007]
Denies Learning of State Department Memo until Late September 2003 - Libby also denies learning of the State Department’s interest in the Wilson trip and in Wilson’s wife until after the investigation into Plame Wilson’s identity became public on September 28, 2003, “a couple days after that,” he says. “I don’t have any recollection of an INR [Bureau of Intelligence and Research, the State Department’s intelligence bureau] document prior to that date.” Libby is lying; he learned about the State Department’s inquiry into the Wilson trip, and Plame Wilson’s CIA status, much earlier (see 12:00 p.m. June 11, 2003). He also denies asking the State Department’s Marc Grossman for information on Wilson’s Niger trip, which is most likely another lie (see May 29, 2003). And he claims not to remember if he learned from Grossman that Plame Wilson was a CIA official.
Denies Talking to CIA Official - Libby also claims not to remember discussing Plame Wilson with Robert Grenier, the CIA’s Iraq mission manager. “I don’t think I discussed Wilson’s wife’s employment with, with Mr. Grenier,” he testifies. “I think if I discussed something it was what they knew about the request about Mr., about Mr. Wilson. I don’t recall the content of the discussion.” Asked “if there was an urgency to the conversation” with Grenier, Libby replies, “I recall that I was reaching Mr. Grenier—I was trying to reach Mr. McLaughlin [John McLaughlin, then the CIA’s deputy director, who spoke to Cheney the day before about Plame Wilson—see 12:00 p.m. June 11, 2003) and couldn’t, and spoke instead to Mr. Grenier. And so if I did that instead of just waiting for Mr. McLaughlin, it was probably something that was urgent in the sense that my boss, the vice president, wanted, wanted to find something out. Not, not necessarily in the real world, but he wanted an answer and usually we try and get him the answer when we can.” Libby did indeed meet with Grenier, and quizzed him about Plame Wilson (see 2:00 p.m. June 11, 2003).
Denies Leaking Name to Post Reporter - Libby claims not to be sure if he was a source for a June 2003 article by Washington Post reporter Walter Pincus (see June 12, 2003), but says he is sure he did not divulge Plame Wilson’s identity to him. “I have no recollection of having discussed it with Mr. Pincus and I don’t think I did,” Libby testifies. He acknowledges that his own notes, entered into evidence by Fitzgerald, show that he discussed the Pincus article with Cheney before it was published. Libby also denies revealing Plame Wilson’s identity to two New York Times reporters, David Sanger and James Risen.
Challenges Wilson's Characterization of Iraq-Niger Claims - Using language similar to that he and other members of Cheney’s staff have used in press conferences and to individual reporters, Libby says that Joseph Wilson’s questioning of the Iraq-Niger claims were ill-informed, and that Wilson was wrong to speculate that Cheney had deliberately ignored the evidence that those claims were false to insist that Iraq had an active nuclear weapons program and therefore constituted a danger to the US (see March 24, 2002, August 2002, March 16, 2003, and July 6-10, 2003). Libby says of Wilson’s op-ed in the New York Times (see July 6, 2003), “It’s a, it’s a bad article.” He admits to being angry over the article, then changes it to being “concerned because it didn’t seem to me an accurate portrayal of the facts.… Upset’s a fair word, I guess.” He admits to discussing the Wilson op-ed with Cheney shortly after its publication, though he is unsure of the exact date of that discussion (see July 6-10, 2003, July 7-8, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Libby acknowledges that notations on a copy of the Wilson op-ed are in Cheney’s handwriting (see July 7, 2003 or Shortly After). [US Department of Justice, 3/5/2004 pdf file]

Entity Tags: Robert Grenier, Robert Novak, Walter Pincus, Valerie Plame Wilson, US Department of State, Richard (“Dick”) Cheney, Ron Roos, Peter Zeidenberg, Tim Russert, Marc Grossman, Bureau of Intelligence and Research, David Sanger, John E. McLaughlin, James Risen, Patrick J. Fitzgerald, Kathleen Kedian, Lewis (“Scooter”) Libby, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

March 24, 2004: Libby Lies to Grand Jury Again

Lewis “Scooter” Libby, the former chief of staff for Vice President Dick Cheney, testifies under oath a second time (see March 5, 2004) before the grand jury investigating the leak of CIA agent Valerie Plame Wilson’s identity (see December 30, 2003 and January 2004). According to his later indictment (see October 28, 2005), Libby commits perjury during his testimony. [United States District Court for the District of Columbia, 3/24/2004 pdf file; MSNBC, 2/21/2007; Washington Post, 7/3/2007] There is a certain amount of overlap in the subjects discussed in the two interviews.
Claims to Have Learned Identity from Reporter - Libby tells the jury that he learned of Plame Wilson’s CIA status from NBC reporter Tim Russert (see July 10 or 11, 2003). According to prosecutors’ later filings, Libby says: “Russert asked Libby if Libby was aware that Wilson’s wife worked for the CIA. Libby responded to Russert that he did not know that, and Russert replied that all the reporters knew it.” Russert will deny that he ever said anything of the kind to Libby (see February 7-8, 2007). [United States District Court for the District of Columbia, 3/24/2004 pdf file; Vanity Fair, 4/2006] Libby testifies about a conversation he had with Cheney in the fall of 2003, when he complained that the White House was not making public statements exonerating him of responsibility for the leak (see Late September or Early October, 2003). Asked by prosecutor Patrick Fitzgerald if he had told Cheney about speaking to reporters regarding Plame Wilson, Libby responds: “I think I did. Let me bring you back to that period. I think I did in that there was a conversation I had with the vice president when all this started coming out and it was this issue as to, you now, who spoke to [columnist Robert] Novak (see July 14, 2003). I told the vice—you know, there was—the president said anybody who knows anything should come forward or something like that.… I went to the vice president and said, you know, ‘I was not the person who talked to Novak.’ And he [said] something like, ‘I know that.’ And I said, you know, ‘I learned this from Tim Russert.’ And he sort of tilted his head to the side a little bit and then I may have in that conversation said, ‘I talked to other—I talked to people about it on the weekend.’” Libby is most likely referring to his conversations with reporters Matthew Cooper (see 2:24 p.m. July 12, 2003) and Judith Miller (see 8:30 a.m. July 8, 2003 and Late Afternoon, July 12, 2003). Fitzgerald asks of the conversation with Cheney, “What did you understand from his gesture or reaction in tilting his head?” Libby replies: “That the Tim Russert part caught his attention. You know, that he—he reacted as if he didn’t know about the Tim Russert thing or he was rehearing it, or reconsidering it, or something like that.… New, new sort of information. Not something he had been thinking about.” Fitzgerald asks: “And did he at any time tell you, ‘Well, you didn’t learn it from Tim Russert, you learned it from me? Back in June you and I talked about the wife working at the CIA?’” Libby responds, “No.” Cheney confirmed Plame Wilson’s CIA status to Libby in June 2003 (see (June 12, 2003)). Fitzgerald asks, “Did he indicate any concern that you had done anything wrong by telling reporters what you had learned?” and Libby again responds, “No.” Libby tells Fitzgerald that he isn’t sure if he mentioned the Cooper and Miller leaks to Cheney. “I did tell him, of course, that we had spoken to the people who he had told us to speak to on the weekend. I think at some point I told him that.” [United States District Court for the District of Columbia, 3/24/2004 pdf file; National Journal, 2/19/2007]
Fails to Disclose Leak to Reporter - In neither appearance before the grand jury does Libby disclose that he discussed Plame Wilson’s identity with New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Instead, he testifies that he told Miller that he knew Plame Wilson had had some involvement in sending her husband to Niger (see February 21, 2002-March 4, 2002), but did not reveal her as a CIA agent because he was not aware of her CIA status. Libby is lying (see 12:00 p.m. June 11, 2003 and August 6, 2005). Libby also failed to disclose the conversations he had with Miller when he was twice interviewed by FBI agents working on the leak, in October and November 2003. Fitzgerald will not learn of Libby’s failure to disclose the conversations until late 2005, after Miller’s testimony before the court (see October 7, 2005). [United States District Court for the District of Columbia, 3/24/2004 pdf file; National Journal, 10/11/2005; National Journal, 10/18/2005]
Libby 'Authorized' to Disclose Classified Information by Bush, Cheney - Libby also tells the grand jury that he had been “authorized” by President Bush, Cheney, and other White House “superiors” in the summer of 2003 to disclose classified information to journalists to defend the Bush administration’s use of prewar intelligence in making the case to go to war with Iraq. According to Libby’s testimony, Cheney authorized him to release classified information, including details of the October 2, 2002 National Intelligence Estimate (NIE—see October 1, 2002), to defend the administration’s use of prewar intelligence in making the case for war; Libby tells the jury that he had received “approval from the president through the vice president” to divulge material from the NIE. He testifies that one portion of the NIE he was authorized to divulge concerned Iraq’s purported efforts to develop nuclear weapons. Libby says that authorization from the president and vice president was “unique in his recollection.” According to court papers filed in regards to his indictment, Libby tells the jury “that he was specifically authorized in advance… to disclose the key judgments of the classified NIE to Miller” because Cheney believed it to be “very important” to do so. Libby adds “that he at first advised the vice president that he could not have this conversation with reporter Miller because of the classified nature of the NIE.” It was then, he says, that Cheney advised him that Bush authorized the disclosure. Cheney told Libby that he, and not Cheney’s press spokeswoman Cathie Martin, should leak the classified information to the press. At the time of the disclosure, Libby says, he knew that only himself, Bush, and Cheney knew that portions of the NIE had been declassified; other senior Cabinet-level officials were not informed of the decision. Libby adds that an administration lawyer, David Addington, told him that Bush, by authorizing the disclosure of classified information, had in effect declassified that information. Many legal experts will disagree with that assessment. Libby considers Addington an expert on national security law. [United States District Court for the District of Columbia, 3/24/2004 pdf file; National Journal, 2/6/2006; National Journal, 4/6/2006]
Libby's Testimony Met with Disbelief - The prosecutors interrogating Libby are incredulous and disbelieving of many of Libby’s claims. They do not believe his contention that he and Cheney never discussed Plame Wilson between July 6 and July 14—the dates of Wilson’s op-ed (see July 6, 2003) and Novak’s outing of Plame Wilson (see July 14, 2003), respectively. (Libby did indeed discuss Plame Wilson with Cheney and other White House officials during that time period—see July 7, 2003 or Shortly After, July 7-8, 2003, 12:00 p.m. July 7, 2003, July 8, 2003, and July 10 or 11, 2003). They do not believe Libby’s claim that he had “forgotten” about knowing Plame Wilson was a CIA official as early as June 2003 (see 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, and (June 12, 2003)). And they do not believe Libby’s claim that he had merely passed to Cheney a rumor he had heard from reporter Tim Russert about Plame Wilson’s CIA status (see July 10 or 11, 2003). [United States District Court for the District of Columbia, 3/24/2004 pdf file; National Journal, 1/12/2007]
Drastic Change in Behavior - Steven Aftergood, a senior analyst with the Federation of American Scientists and an expert on government secrecy and classification issues, says that in disclosing the classified information, Libby “presents himself in this instance and others as being very scrupulous in adhering to the rules. He is not someone carried on by the rush of events. If you take his account before the grand jury on face value, he is cautious and deliberative in his behavior. That is almost the exact opposite as to how he behaves when it comes to disclosing Plame [Wilson]‘s identity. All of a sudden he doesn’t play within the rules. He doesn’t seek authorization. If you believe his account, he almost acts capriciously. You have to ask yourself why his behavior changes so dramatically, if he is telling the truth that this was not authorized and that he did not talk to higher-ups.” [National Journal, 6/14/2006]

Entity Tags: Catherine (“Cathie”) Martin, David S. Addington, George W. Bush, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Steven Aftergood, Matthew Cooper, Tim Russert, Judith Miller, Richard (“Dick”) Cheney, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Vice President Dick Cheney is interviewed in his office by federal prosecutors as part of the Valerie Plame Wilson identity leak investigation (see December 30, 2003). Cheney is asked if he knows who, if anyone, in the White House might have leaked Plame Wilson’s identity to the press. He is asked about conversations with his senior aides, including his chief of staff, Lewis “Scooter” Libby. He is also asked whether he knows of any concerted effort by White House officials to leak Plame Wilson’s identity. Cheney is not questioned under oath, and has not been asked to testify before the grand jury. He is represented by two lawyers, Terrence O’Donnell and Emmet Flood. [Federal Bureau of Investigation, 5/8/2004 pdf file; New York Times, 6/5/2004]
Cheney Evades, Refuses to Answer Questions - In October 2009, an FBI interview summary regarding Cheney’s testimony will be released (see October 1, 2009). According to the document, Cheney equivocates or refuses to answer 72 times during his interview, either saying he cannot be certain about the information requested, or that he does not know.
Denies Informing Libby about Plame Wilson's CIA Status - One of the most fundamental questions Cheney is asked is about how Libby learned about Plame Wilson’s identity. Libby’s own notes indicate that he learned it from Cheney, and that he had shared his notes with Cheney in late 2003 (see Late September or Early October, 2003), in defiance of instructions from the FBI and the White House counsel’s office not to share information with colleagues (see September 29-30, 2003). But in his testimony, Cheney “cannot recall Scooter Libby telling him how he first heard of Valerie Wilson. It is possible Libby may have learned about Valerie Wilson’s employment from the vice president… but the vice president has no specific recollection of such a conversation.” [Federal Bureau of Investigation, 5/8/2004 pdf file; Associated Press, 11/2/2009] Cheney testifies that contrary to the evidence, he learned of Plame Wilson’s CIA status from Libby, who informed him that a number of reporters had contacted Libby in July 2003 to say that Plame Wilson had been responsible for arranging her husband’s trip to Niger to investigate the Niger uranium claims. Cheney says that the next time he heard about Plame Wilson and her connection to her husband was when he read Robert Novak’s article outing her as a CIA officer (see July 14, 2003). Cheney is lying; he informed Libby of Plame Wilson’s identity (see (June 12, 2003)).
Denies Knowledge of Wilson Trip to Niger - He also denies knowing that Plame Wilson’s husband, war critic and former ambassador Joseph Wilson, was sent to Niger to investigate claims that Iraq was attempting to buy uranium from that country (see (February 13, 2002) and February 21, 2002-March 4, 2002), and says the CIA never briefed him about Wilson’s trip (see March 5, 2002). Future testimony will challenge Cheney’s claims, as witnesses will testify that Cheney, Libby, Deputy National Security Adviser Stephen Hadley, the Defense Department, the State Department, the Defense Intelligence Agency, the Joint Chiefs of Staff, the National Security Council, and President Bush were all given copies of a CIA cable sent to Cheney’s office that debunked the Niger claims (see December 2001, Shortly after February 12, 2002, March 5, 2002, February 12, 2002, March 8, 2002, October 15, 2002, Mid-October 2002, October 18, 2002, January 2003, and March 8, 2003). [Federal Bureau of Investigation, 5/8/2004 pdf file; Truthout (.org), 2/15/2006]
Refuses to Answer about WMD NIE - Prosecutor Patrick Fitzgerald, leading the interview, presses Cheney to discuss evidence that shows he pressured Bush to quickly declassify portions of the October 2002 National Intelligence Estimate on Iraqi WMD (see October 1, 2002) for the purpose of making the case for invading Iraq. Libby provided selected NIE information to New York Times reporter Judith Miller while simultaneously leaking Plame Wilson’s identity to her (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and other reporters. Cheney refuses to confirm that he discussed anything regarding the NIE with Bush, saying that he could not comment on any private or privileged conversations he may have had with the president. Libby has already testified to the declassification of the NIE, telling prosecutors that he talked to Miller following the “president’s approval relayed to me through the vice president.”
Insists Plame Wilson's Identity Never Used to Discredit Husband - Cheney insists that no one in the White House ever talked about leaking Plame Wilson’s CIA status to the press in an attempt to discredit her husband. There was never any discussion, Cheney says, of “pushing back” on Wilson’s credibility by raising the issue of nepotism, the fact that his wife worked for the CIA, the same agency that dispatched him to Niger to run down the report of an agreement to supply uranium to Iraq. In his own testimony, Libby was far less emphatic, saying “[i]t’s possible” he may have discussed the idea with Cheney. Both men lie in their testimony (see March 9, 2003 and After, May 2003, June 3, 2003, June 9, 2003, June 11 or 12, 2003, (June 11, 2003), 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, 5:27 p.m. June 11, 2003, (June 12, 2003), June 19 or 20, 2003, July 7, 2003 or Shortly After, July 7-8, 2003, 12:00 p.m. July 7, 2003, July 8, 2003, and 7:35 a.m. July 8, 2003). [Federal Bureau of Investigation, 5/8/2004 pdf file; Associated Press, 11/2/2009] Cheney tells prosecutors that he and his office were merely interested in rebutting Wilson’s criticisms of the war effort, and wanted to dispel the notion among some reporters that he had selected Wilson for the Niger trip. In 2006, an attorney close to the case will say: “In his testimony the vice president said that his staff referred media calls about Wilson to the White House press office. He said that was the appropriate venue for responding to statements by Mr. Wilson that he believed were wrong.” [Federal Bureau of Investigation, 5/8/2004 pdf file; Truthout (.org), 2/15/2006] In June 2009, the Department of Justice will reveal that Cheney and Bush had discussed the leak in a “confidential conversation” and “an apparent communication between the vice president and the president.” [Truthout (.org), 7/7/2009]

Entity Tags: Terrence O’Donnell, US Department of State, Valerie Plame Wilson, Stephen J. Hadley, US Department of Defense, Robert Novak, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Emmet Flood, Defense Intelligence Agency, Bush administration (43), Federal Bureau of Investigation, George W. Bush, Joint Chiefs of Staff, National Security Council, Judith Miller, Joseph C. Wilson, Richard (“Dick”) Cheney, US Department of Justice

Timeline Tags: Niger Uranium and Plame Outing

Screen graphic from CNN’s coverage of Lewis Libby’s indictment.Screen graphic from CNN’s coverage of Lewis Libby’s indictment. [Source: CNN / Flickr]Lewis “Scooter” Libby, Vice President Dick Cheney’s chief of staff, is indicted for perjury and obstruction of justice. Libby is accused of “outing” Valerie Plame Wilson, an undercover CIA agent, to the press (see June 23, 2003, 8:30 a.m. July 8, 2003, Late Afternoon, July 12, 2003, and 2:24 p.m. July 12, 2003), and then lying about it to the FBI and to a grand jury empaneled by special prosecutor Patrick Fitzgerald (see December 30, 2003, March 5, 2004, and March 24, 2004). Libby immediately resigns his position as Cheney’s chief of staff. [US District Court for the District of Columbia, 10/28/2005 pdf file; CNN, 5/14/2006; MSNBC, 2/21/2007; Washington Post, 7/3/2007]
Five Counts of Obstruction, Two Counts of Perjury - Libby is indicted on five counts of obstruction of justice and two counts of perjury. [US District Court for the District of Columbia, 10/28/2005 pdf file; MSNBC, 2/21/2007] Though the original investigation was of the Plame Wilson leak, Fitzgerald says it is important to understand that Libby’s crimes, though not the prime focus of the initial investigation, should be prosecuted as well. “Investigators do not set out to investigate the statute, they set out to gather the facts,” he says. The indictment does not charge Libby with knowingly disclosing the identity of a covert agent. [New York Times, 10/28/2005]
Confirms that CIA Agent's Status Classified; Important to National Security - Fitzgerald confirms that the fact of Plame Wilson’s employment at the CIA was in and of itself classified information, and not to be shared to the media or the public. He says: “The fact that she was a CIA officer was not well known, for her protection or for the benefit of all us. It’s important that a CIA officer’s identity be protected, that it be protected not just for the officer, but for the nation’s security.… [T]he damage wasn’t to one person. It wasn’t just Valerie Wilson. It was done to all of us” (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, and February 13, 2006). [New York Times, 10/28/2005; Nation, 3/16/2007]
Libby Lied about Knowledge of Plame Wilson's Status, Indictment Charges - The indictment charges that Libby lied when he claimed that he learned of Plame Wilson’s CIA status from NBC reporter Tim Russert (see November 24, 2003, March 5, 2004, March 24, 2004, and August 7, 2004). Instead, the indictment charges, Libby learned about Plame Wilson and her possible role in sending her husband, former ambassador Joseph Wilson, to Niger to investigate claims of Iraqi attempts to buy uranium (see February 21, 2002-March 4, 2002) from a number of people, including an undersecretary of state (see June 10, 2003), a CIA officer who regularly briefed him on national security issues (see 2:00 p.m. June 11, 2003), an unidentified “senior CIA officer,” and from his superior, Cheney (see (June 12, 2003)). In his turn, Libby shared that information with several officials in the Office of the Vice President, including Cheney’s senior counsel David Addington (see July 8, 2003), Cheney’s national security adviser John Hannah (see May 29, 2003), and Cheney’s press secretary at the time, Cathie Martin (who may have actually informed Libby—see 5:27 p.m. June 11, 2003). “In fact, Mr. Libby was the first official known to have told a reporter when he talked to Judith Miller in June of 2003 about Valerie Wilson” (see June 23, 2003), Fitzgerald says. “[T]o be frank, Mr. Libby gave the FBI a compelling story,” he adds. “It would be a compelling story that will lead the FBI to go away if only it were true. It is not true, according to the indictment.” [New York Times, 10/28/2005; US District Court for the District of Columbia, 10/28/2005 pdf file; National Journal, 10/30/2005] (The unidentified “senior CIA officer” is later revealed to be Frederick Fleitz, who served both as a senior officer at the Weapons Intelligence, Nonproliferation, and Arms Control (WINPAC) desk and as Undersecretary of State John Bolton’s chief of staff—see (June 11, 2003).) [Raw Story, 11/2/2005] Jeralyn Merritt, a criminal defense attorney who writes for the progressive blog TalkLeft, notes that according to the indictment, the phrases used by Libby in his denials to the grand jury were nearly verbatim echoes of Cheney’s own denials as told to NBC’s Tim Russert in September 2003 (see September 14, 2003). [Jeralyn Merritt, 10/31/2005]
Sought Information on Plame Wilson's CIA Status - The indictment also charges that Libby sought information from the CIA and the State Department about Plame Wilson’s CIA status, and tried to determine whether she had been responsible for sending her husband to Niger. According to the indictment, Libby asked David Addington, the chief counsel to Cheney, “in sum and substance, what paperwork there would be at the CIA if an employee’s spouse undertook an overseas trip.” The court papers do not say what action, if any, Addington may have taken in response to Libby’s request. [New York Times, 10/28/2005; US District Court for the District of Columbia, 10/28/2005 pdf file; National Journal, 12/16/2005]
Discussed with Multiple Officials before Leaking to Reporters - In a press conference, Fitzgerald walks reporters and listeners through the indictment: from Libby’s learning of Plame Wilson’s identity from State Department and CIA sources and from Cheney, through his discussing it with at least three White House officials, all before the supposed “disclosure” from Russert. Libby subsequently lied to the FBI and to Fitzgerald’s grand jury about those discussions with government officials and again with Miller and Time reporter Matthew Cooper. “[H]e lied about it afterwards,” Fitzgerald says, “under oath and repeatedly.… [A]nyone who would go into a grand jury and lie, obstruct, and impede the investigation has committed a serious crime.” [New York Times, 10/28/2005]
Leak Seriously Jeopardized National Security - Fitzgerald tells reporters that the leaking of a CIA officer’s identity is a serious breach of national security. “This is a very serious matter and compromising national security information is a very serious matter,” he says. “But the need to get to the bottom of what happened and whether national security was compromised by inadvertence, by recklessness, by maliciousness is extremely important.” Fitzgerald continues: “At a time when we need our spy agencies to have people work there, I think just the notion that someone’s identity could be compromised lightly… [discourages] our ability to recruit people and say, ‘Come work for us… come be trained… come work anonymously here or wherever else, go do jobs for the benefit of the country for which people will not thank you.” Senator John D. Rockefeller (D-WV), the ranking Democrat on the Senate Intelligence Committee, says: “Revealing the identity of a covert agent is the type of leak that gets people killed. Not only does it end the person’s career… it puts that person in grave personal danger as well as their colleagues and all the people they have had contact with.” [New York Times, 10/28/2005; National Journal, 10/30/2005]
Charges Are Serious, Not 'Technicalities' - Responding to a question about Republican charges that Libby is being charged as a “technicality,” and Fitzgerald “overreached” his authority in filing the indictment, Fitzgerald says: “That talking point won’t fly. If you’re doing a national security investigation, if you’re trying to find out who compromised the identity of a CIA officer and you go before a grand jury and if the charges are proven… that the chief of staff to the vice president went before a federal grand jury and lied under oath repeatedly and fabricated a story about how he learned this information, how he passed it on, and we prove obstruction of justice, perjury, and false statements to the FBI, that is a very, very serious matter.… [T]he truth is the engine of our judicial system. And if you compromise the truth, the whole process is lost.… Any notion that anyone might have that there’s a different standard for a high official, that this is somehow singling out obstruction of justice and perjury, is upside down.… If these facts are true, if we were to walk away from this and not charge obstruction of justice and perjury, we might as well just hand in our jobs. Because our jobs, the criminal justice system, is to make sure people tell us the truth. And when it’s a high-level official and a very sensitive investigation, it is a very, very serious matter that no one should take lightly.” [New York Times, 10/28/2005]
Explanation for Delay in Filing Indicitment - Fitzgerald gives one reason for the delay in filing the indictment against Libby. When asked why he went to such lengths to compel the testimony of reporters such as Miller (see September 30, 2005) and Cooper (see July 13, 2005), Fitzgerald replies that the rights of the accused are paramount in his mind. The testimony of Miller, Cooper, and other journalists could bolster the case against Libby, or could help exonerate him. The possibility that he might charge someone, only to learn later that one of the journalists who had declined to testify had information to clear the person, was something that “frightens me,” Fitzgerald says. “I think the only way you can do an investigation like this is to hear all eyewitnesses.” [New York Times, 10/28/2005; National Journal, 11/12/2005]
No Charges against Cheney - Asked whether the investigation found evidence of criminal acts by Cheney, Fitzgerald answers: “We make no allegation that the vice president committed any criminal act. We make no allegation that any other people who provided or discussed with Mr. Libby committed any criminal act. But as to any person you asked me a question about other than Mr. Libby, I’m not going to comment on anything.” Fitzgerald refuses to comment on whether White House political strategist Karl Rove or anyone else will be named as co-conspirators, charged, or even named in court. [New York Times, 10/28/2005]

Entity Tags: John Hannah, Judith Miller, John D. Rockefeller, John R. Bolton, Karl C. Rove, Richard (“Dick”) Cheney, Joseph C. Wilson, Lewis (“Scooter”) Libby, Jeralyn Merritt, Frederick Fleitz, Central Intelligence Agency, David S. Addington, Weapons Intelligence, Nonproliferation, and Arms Control, Valerie Plame Wilson, Federal Bureau of Investigation, US Department of State, Catherine (“Cathie”) Martin, Tim Russert, Patrick J. Fitzgerald, Matthew Cooper

Timeline Tags: Niger Uranium and Plame Outing

A court filing by Lewis Libby’s defense team lists the witnesses the lawyers say they intend to put on the stand in their client’s defense. The list includes:
bullet Former Deputy Secretary of State Richard Armitage (see June 13, 2003, After October 28, 2005, and November 14, 2005);
bullet Former White House press secretary Ari Fleischer (see July 7, 2003, 8:00 a.m. July 11, 2003, and 1:26 p.m. July 12, 2003);
bullet Former Undersecretary of State Marc Grossman (see June 10, 2003);
bullet Former Secretary of State Colin Powell (see July 16, 2004);
bullet White House political strategist Karl Rove (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003);
bullet Former CIA Director George Tenet (see June 11 or 12, 2003, July 11, 2003 and 3:09 p.m. July 11, 2003);
bullet Former US ambassador Joseph Wilson (see July 6, 2003);
bullet Former CIA covert operative Valerie Plame Wilson (see July 14, 2003);
bullet National Security Adviser Stephen Hadley (see July 21, 2003 and November 14, 2005);
bullet CIA briefers Craig Schmall (see 7:00 a.m. June 14, 2003), Peter Clement, and/or Matt Barrett;
bullet Former CIA officials Robert Grenier (see 4:30 p.m. June 10, 2003, 2:00 p.m. June 11, 2003, and 5:27 p.m. June 11, 2003) and/or John McLaughlin (see June 11 or 12, 2003);
bullet Former CIA spokesman Bill Harlow (see 5:27 p.m. June 11, 2003, (July 11, 2003), and Before July 14, 2003);
bullet Vice President Dick Cheney’s chief of staff David Addington (see July 8, 2003);
bullet Former Cheney press secretary Cathie Martin (see 5:27 p.m. June 11, 2003); and
bullet Cheney himself (see July 12, 2003 and Late September or Early October, 2003).
The defense also:
bullet Wants notes from a September 2003 White House briefing where Powell reportedly claimed that many people knew of Plame Wilson’s CIA identity before it became public knowledge;
bullet Implies that Grossman may not be an unbiased witness;
bullet Suspects Fleischer may have already cooperated with the investigation (see June 10, 2004);
bullet Intends to argue that Libby had no motive to lie to either the FBI (see October 14, 2003 and November 26, 2003) or the grand jury (see March 5, 2004 and March 24, 2004); and
bullet Intends to argue that columnist Robert Novak’s primary source for his column exposing Plame Wilson as a CIA official was not Libby, but “a source outside the White House” (see July 8, 2003). [US District Court for the District of Columbia, 3/17/2006 pdf file; Jeralyn Merritt, 3/18/2006]
Criminal defense attorney Jeralyn Merritt believes Libby’s team may be preparing to lay blame for the Plame Wilson leak on Grossman. She writes that, in her view, “Libby’s lawyers are publicly laying out how they intend to impeach him: by claiming he is not to be believed because (either or both) his true loyalty is to Richard Armitage rather than to the truth, or he is a self-aggrandizing government employee who thinks of himself a true patriot whose duty it is to save the integrity of the State Department.” [Jeralyn Merritt, 4/4/2006] Libby’s lawyers indicate that they will challenge Plame Wilson’s significance as a covert CIA official (see Fall 1992 - 1996, April 2001 and After, Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, and February 13, 2006). “The prosecution has an interest in continuing to overstate the significance of Ms. Wilson’s affiliation with the CIA,” the court filing states. They also intend to attempt to blame Armitage, Grossman, Grenier, McLaughlin, Schmall, and/or other officials outside the White House proper as the real sources for the Plame Wilson identity leak. [US District Court for the District of Columbia, 3/17/2006 pdf file; Truthout (.org), 3/18/2006]

Entity Tags: Valerie Plame Wilson, Robert Novak, Robert Grenier, Catherine (“Cathie”) Martin, Colin Powell, Ari Fleischer, Central Intelligence Agency, Bush administration (43), Bill Harlow, Richard Armitage, Richard (“Dick”) Cheney, Stephen J. Hadley, Matt Barrett, George J. Tenet, Peter Clement, Craig Schmall, Jeralyn Merritt, John E. McLaughlin, David S. Addington, Karl C. Rove, Joseph C. Wilson, Marc Grossman, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Lewis “Scooter” Libby, indicted on charges of conspiracy and obstruction of justice in the investigation of the Valerie Plame Wilson identity leak (see October 28, 2005), testified two years ago that President Bush authorized him to selectively disclose information from the October 2002 National Intelligence Estimate in order to defend the administration’s decision to go to war with Iraq, according to papers filed with the court by special prosecutor Patrick Fitzgerald. Libby’s testimony, to Fitzgerald’s grand jury (see March 5, 2004 and March 24, 2004), has remained secret until now. According to the testimony, Libby received “approval from the president through the vice president” to divulge portions of a National Intelligence Estimate (NIE—see October 1, 2002) regarding Saddam Hussein’s purported efforts to develop nuclear weapons to certain reporters. Libby testified that Vice President Dick Cheney authorized him to divulge the key judgments from the NIE to New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and Time reporter Matthew Cooper (see 2:24 p.m. July 12, 2003) because, in Cheney’s opinion, it was “very important” to do so. [US District Court for the District of Columbia, 4/5/2006 pdf file; National Journal, 4/6/2006; Washington Post, 4/13/2006] (A week later, Fitzgerald will modify his filing to read, “some of the key judgments.” The New York Times will report, “The distinction between the two versions is that the second accurately stated that the finding about Iraq’s efforts to obtain uranium was in the report, but was not among its ‘key judgments,’ a term used in intelligence reporting to indicate that a stated conclusion represents the consensus of intelligence agencies.”) [Washington Post, 4/12/2006; New York Times, 4/13/2006] According to the filing: “Defendant testified that the vice president later advised him [Libby] that the president had authorized defendant to disclose the relevant portions of the NIE. Defendant testified that he also spoke to David Addington, then counsel to the vice president, whom defendant considered to be an expert in national security law, and Mr. Addington opined that presidential authorization to publicly disclose a document amounted to a declassification of the document” (see July 8, 2003). [US District Court for the District of Columbia, 4/5/2006 pdf file; Think Progress, 4/6/2006]
Bush Declassified Information for Purposes of Leaking - According to the court papers, Libby “further testified that he at first advised the vice president that he could not have this conversation with reporter Miller because of the classified nature of the NIE. [Libby] testified that the vice president had advised [Libby] that the president had authorized [Libby] to disclose relevant portions of the NIE.” Libby testified that such presidential authorization to reveal classified information was “unique in his recollection.” He testified that Cheney specifically had him “speak to the press in place of Cathie Martin [the then-communications director for Cheney] regarding the NIE and Wilson.” Libby added that “at the time of his conversations with Miller and Cooper, he understood that only three people—the president, the vice president, and [Libby]—knew that the key judgments of the NIE had been declassified.” Libby said that Cheney’s senior lawyer, Addington, told him that Bush had, by authorizing the disclosure, effectively declassified the information, a point that legal experts continue to dispute. Since then, Libby has told reporters that Cheney also authorized him to leak classified information to several reporters in the weeks and months before the Iraqi invasion. [US District Court for the District of Columbia, 4/5/2006 pdf file; National Journal, 4/6/2006]
Providing Classified Information to Woodward - Libby also testified that Bush authorized him to provide classified information to author and reporter Bob Woodward. Woodward was working on his book about the administration’s run-up to war with Iraq, Plan of Attack. According to other former senior government officials, Bush directed several White House officials to assist Woodward in preparing the book. One government official says, “There were people on the seventh floor [of the CIA] who were told by [then-CIA Director George] Tenet to cooperate because the president wanted it done. There were calls to people to by [White House communication director] Dan Bartlett that the president wanted it done, if you were not co-operating. And sometimes the president himself told people that they should co-operate.” According to some former officials, the White House provided Woodward with selected information in order to shape the course of his writing. [US District Court for the District of Columbia, 4/5/2006 pdf file; National Journal, 4/6/2006]

Entity Tags: David S. Addington, Matthew Cooper, George J. Tenet, George W. Bush, Dan Bartlett, Judith Miller, Richard (“Dick”) Cheney, Patrick J. Fitzgerald, Central Intelligence Agency, Lewis (“Scooter”) Libby, Bob Woodward, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

In brief, cautious testimony in the Lewis Libby perjury and obstruction trial, David Addington, the former senior counsel to Vice President Cheney and Libby’s successor as Cheney’s chief of staff, tells the court that in September 2003, Libby asked Addington whether the president had the authority to declassify government secrets and whether the CIA kept paperwork documenting its work. Addington says he replied yes to both (see September 2003); Addington testifies that Libby did not explain his request, and during the conversation, gestured at Addington as if to ask him to keep his voice down. Libby, Addington testifies, then told him, “I didn’t do it.” Addington says he did not ask Libby what “it” was, but surmised that he may have been referring to Joseph Wilson’s criticism of the Iraq war. Prosecutor Patrick Fitzgerald believes Libby was denying his involvement in the leak of CIA official Valerie Plame Wilson’s identity to the press. Addington also recalls an earlier meeting with Libby (see July 8, 2003), where Libby asked about the CIA paperwork involving sending a civilian overseas on a mission, an apparent reference to Wilson. Libby also asked Addington how one might determine if a CIA employee was working undercover. Addington, a former CIA counsel, told Libby there is no way to find that out, and testifies that he gave Libby a highlighted copy of the federal law barring disclosure of the identity of covert agents. [Marcy Wheeler, 1/29/2007; Marcy Wheeler, 1/29/2007; Marcy Wheeler, 1/29/2007; Marcy Wheeler, 1/29/2007; Washington Post, 1/30/2007; Associated Press, 1/30/2007; BBC, 7/3/2007]

Entity Tags: Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Joseph C. Wilson, David S. Addington

Timeline Tags: Niger Uranium and Plame Outing

Criminal defense lawyer Jeralyn Merritt, picking up on a thread of criticism earlier discussed by reporter Dan Froomkin (see February 8, 2007) and liberal author/blogger Arianna Huffington (see February 8, 2007), writes that the Lewis Libby trial is exposing how quickly, and effectively, Vice President Dick Cheney turned to the Washington press corps to discredit and besmirch the credibility of war critic Joseph Wilson (see October 1, 2003). Merritt, writing for her blog TalkLeft, notes what she calls “the symbiotic relationship between prominent journalists and high ranking administration officials,” and adds: “The currency in Washington has always been information. That’s nothing new. But the Libby trial has laid bare, for anyone caring enough to take a look, how the administration used the press to present its unfounded case for war.” After war critic Joseph Wilson penned his July 2003 op-ed (see July 6, 2003), Cheney had his staffers phone reporters to discredit and impugn Wilson’s credibility as part of his strategy to use the press to counter Wilson’s criticisms (see July 7-8, 2003, 9:22 a.m. July 7, 2003, 12:00 p.m. July 7, 2003, July 8, 2003, July 8, 2003, 7:35 a.m. July 8, 2003, July 8 or 9, 2003, July 9, 2003, On or Around July 10, 2003, July 10, 2003, July 11, 2003, (July 11, 2003), 8:00 a.m. July 11, 2003, 11:00 a.m. July 11, 2003, July 12, 2003, July 12, 2003. 1:26 p.m. July 12, 2003, 2:24 p.m. July 12, 2003, Late Afternoon, July 12, 2003, and Before July 14, 2003). Merritt writes, “Cheney’s first response, when he thought Wilson was suggesting publicly that he was the impetus behind Wilson’s trip to Niger, was to use the press as his personal attack vehicle.” [Jeralyn Merritt, 2/13/2007]

Entity Tags: Jeralyn Merritt, Joseph C. Wilson, Richard (“Dick”) Cheney

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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