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Context of 'February 16, 2007: New York Sun Sums Up Defense Arguments in Favor of Acquittal'

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Marc Grossman.Marc Grossman. [Source: NNDB (.com)]Prosecutor Patrick Fitzgerald calls his first witness in the Lewis Libby perjury trial, former State Department official Marc Grossman. Grossman testifies to his June 2003 conversation with Libby, where he revealed then-covert CIA official Valerie Plame Wilson’s CIA status to Libby (see 12:00 p.m. June 11, 2003). [Washington Post, 1/25/2007; MSNBC, 2/21/2007; BBC, 7/3/2007]
Informed Libby of Plame Wilson's CIA Identity - Grossman, formerly the undersecretary of state for political affairs, testifies that the information about Plame Wilson was given to Libby “in about 30 seconds of conversation.” He says he spoke to Libby several times a week. He testifies that when Libby asked him about Joseph Wilson’s 2002 Niger trip (see May 29, 2003), he knew nothing about it, which he found somewhat embarrassing. “I should have known,” he says. He testifies that his immediate supervisor, Deputy Secretary of State Richard Armitage, knew nothing of the Wilson trip either. Grossman says he asked Carl Ford of the State Department’s in-house intelligence agency, the Bureau of Intelligence and Research (INR), and State’s head of African affairs, Walter Kansteiner, for information on the Wilson trip. Both Ford and Kansteiner knew of the trip, Grossman testifies, and both told him that Wilson had reported to the CIA on the trip (see March 4-5, 2002, (March 6, 2002) and March 8, 2002). Grossman says he asked Armitage if it was permissible for him to ask Wilson directly about the trip, and receiving permission, did so. According to Grossman, Wilson told him about the Niger trip, and said he thought the trip had been at the request of the Office of the Vice President (see (February 13, 2002)). It was after his conversation with Wilson that Grossman spoke to Libby about the trip, and informed him that Wilson’s wife was a CIA employee. Grossman testifies that he prepared a memo for Libby after his return from a trip to Spain and North Africa (see June 10, 2003), using information provided by Ford. According to Grossman, it was Ford who alleged Plame Wilson orchestrated her husband’s trip to Niger (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005), but Grossman is not aware of the inaccuracy of Ford’s information. Grossman says he felt it somewhat inappropriate that Plame Wilson would have put her husband up for the trip. He informed Libby of Plame Wilson’s supposed role in her husband’s trip to Niger the day after putting together the memo on the trip (see 12:00 p.m. June 11, 2003). Grossman tells the court: “I think I said that there was one other thing that he [Libby] needed to know—that Joe Wilson’s wife worked at the agency. Meaning the CIA. I phrased it that way because he was senior to me, it was my responsibility to make sure he had the whole context.” According to Grossman, Libby denied that his office had anything to do with sending Wilson to Niger. [Marcy Wheeler, 1/23/2007; USA Today, 1/24/2007] Grossman also recalls speaking on the phone with Wilson on June 9, 2003, and recalls Wilson being angered by comments from then-National Security Adviser Condoleezza Rice on a recent edition of Meet the Press (see June 8, 2003). “He was furious.… He was really mad,” Grossman recalls. Grossman testifies that Wilson said he might publicly correct Rice’s characterization of the Iraq-Niger uranium affair (see June 9, 2003-July 6, 2003). [Marcy Wheeler, 1/23/2007; ABC News, 1/24/2007] Grossman also testifies that Armitage informed him on February 23, 2004 that he had revealed Plame Wilson’s status to columnist Robert Novak (see July 8, 2003). He says that Armitage characterized his leak to Novak as “one of the dumbest things” he had ever done. Grossman testified to the FBI a day later (see February 24, 2004) and informed it of Armitage’s leak. [Marcy Wheeler, 1/23/2007]
Defense Attacks Grossman - The second day of testimony begins with the Libby defense team cross-examining Grossman. Defense lawyer Theodore Wells attacks Grossman’s credibility, accusing him of being a “crony” of Armitage and implying that, because he talked to Armitage the night before he testified to the FBI, his credibility is questionable. [Marcy Wheeler, 1/24/2007; Washington Post, 1/25/2007] Wells elicits an admission from Grossman that he did not show Libby the INR memo, and notes that Grossman cannot produce documents to prove he spoke with either Ford or Kansteiner; the State Department routinely destroys emails after archiving them for 90 days, Grossman says. [Marcy Wheeler, 1/24/2007] Wells also attempts to portray Grossman as self-contradictory, eliciting an admission that Grossman told the FBI that he and Libby had talked on the phone (see October 17, 2003 and February 24, 2004), but now says he and Libby spoke face-to-face. “You accept the fact that you told the FBI something different on February 24, 2004, than you told this jury?” Wells asks, to which Grossman replies, “Yes, sir.” Wells also focuses on Grossman’s contact with Armitage, who spoke to him a day before he testified to the FBI about his leaking of Plame Wilson’s identity (see October 2, 2003). “He—Richard Armitage—told the FBI that he… disclosed Mrs. Wilson’s work status at the CIA to Robert Novak?” Wells asks. Grossman replies, “Yes, sir.” [ABC News, 1/24/2007; Mother Jones, 1/25/2007; CBS News, 1/25/2007]

Entity Tags: Marc Grossman, Richard Armitage, Office of the Vice President, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Walter Kansteiner, Condoleezza Rice, Joseph C. Wilson, Theodore Wells, Carl W. Ford, Jr., Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

CIA officer Craig Schmall, who regularly briefed both Lewis Libby and his former boss, Vice President Dick Cheney, testifies that Libby had spoken to him about former ambassador Joseph Wilson’s Niger trip on June 14, 2003 (see 7:00 a.m. June 14, 2003). [MSNBC, 2/21/2007; BBC, 7/3/2007]
Libby Quizzed Schmall about Wilson Trip - Schmall is now a manager in the Directorate of Intelligence. In 2003, he was the CIA’s assigned briefer for Libby and later Cheney. He recalls that at the June 14 briefing, Libby was “annoyed” that someone at the CIA had apparently discussed sensitive issues with a reporter, specifically regarding allegations that Cheney was pressuring CIA officials to produce slanted intelligence “proving” Iraq harbored WMDs. He then asked Schmall about Wilson’s Niger trip. Libby wanted to know why someone told Wilson that the Office of the Vice President had pushed for his trip to Niger. [Marcy Wheeler, 1/24/2007]
'Grave Danger' of Leaking CIA Official's Identity - Schmall testifies that when he read Robert Novak’s column outing Plame Wilson (see July 14, 2003), he expressed his concerns to both Cheney and Libby. “I thought there was a grave danger leaking the name of a CIA officer,” Schmall says he told the two. “Foreign intelligence services where she served now have the opportunity to investigate everyone whom she had come in contact with. They could be arrested, tortured, or killed.” [National Journal, 2/15/2007]
Jury Cannot Consider Plame Wilson's CIA Status - Before the defense cross-examines Schmall, Judge Reggie Walton instructs the jury that it will not receive evidence of Plame Wilson’s CIA status—i.e. whether or not she was a covert official—and whether her outing posed a real risk to national security. According to a transcript by court observer and progressive blogger Marcy Wheeler, Walton says: “Her actual status, or damage, are totally irrelevant to your assessment of defendant’s guilt or innocence. You may not speculate or guess about them. You may consider what Mr. Libby believed about her status.” [Marcy Wheeler, 1/24/2007]
Defense Impugns Schmall's Memory - Defense lawyer John Cline reads item after item from the 27 points in a morning briefing prepared for Libby by Schmall; the CIA briefer cannot recall any of the items. “This was very important stuff,” Cline observes. The Associated Press will later write, “Cline wants to make the point that if Schmall cannot remember the details of the briefing—which included more than two dozen potential terrorist threats or intelligence issues—it is plausible Libby forgot about it, too.” Cline also establishes that Schmall is not clear about who from the prosecution was present during his 2004 discussion with FBI interviewers (see April 22, 2004). [Associated Press, 1/25/2007; Marcy Wheeler, 1/25/2007; New York Times, 2/4/2007]
Judge: 'Suicide' if Libby Fails to Testify - The defense’s cross-examination of Schmall spills over into the morning of January 25. Prosecutor Patrick Fitzgerald performs a brief redirect of Schmall, attempting to establish his reliable memory. The defense successfully objects to Fitzgerald’s line of questionining; Wheeler speculates that Fitzgerald is trying to lead Schmall too strongly. Lawyers for both sides engage in a lengthy sidebar over whether the defense can use Schmall as part of its “memory defense” strategy (see January 31, 2006) without actually putting Libby on the stand; Walton says the defense will commit “suicide” if Libby fails to testify (see January 24, 2007). Walton instructs the jury that Cline’s questions are not evidence, they are only to consider Schmall’s answers. [Marcy Wheeler, 1/25/2007]

Entity Tags: Craig Schmall, John Cline, Joseph C. Wilson, Lewis (“Scooter”) Libby, Office of the Vice President, Central Intelligence Agency, Robert Novak, Reggie B. Walton, Patrick J. Fitzgerald, Marcy Wheeler, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Cathie Martin entering the courthouse.Cathie Martin entering the courthouse. [Source: New York Times]Cathie Martin, the former spokeswoman for Vice President Dick Cheney, testifies that she told Cheney and his former chief of staff Lewis “Scooter” Libby about Valerie Plame Wilson’s CIA status weeks before Libby claims to have learned that information from reporter Tim Russert (see July 10 or 11, 2003 and March 24, 2004). [CBS News, 1/25/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] At the time in question, Martin was Cheney’s assistant for public affairs. She now works at the White House as the deputy director of communications for policy and planning. As Cheney’s assistant, she worked closely with Libby and handled most press inquiries for Cheney and Libby. [Marcy Wheeler, 1/25/2007]
Passed along Information about Plame Wilson to Libby, Cheney - Martin testifies that in her presence Libby spoke with a senior CIA official on the telephone, and asked about the Joseph Wilson trip to Niger. She says she then spoke with CIA spokesman Bill Harlow, who told her that Wilson went to Niger on behalf of the agency, and that Wilson’s wife worked at the agency (see 5:25 p.m. June 10, 2003). Martin then says that she subsequently told both Libby and Cheney that Wilson’s wife worked at the CIA (see 5:27 p.m. June 11, 2003). The International Herald Tribune notes: “The perspective she laid out under questioning from a federal prosecutor was damaging to Libby.… She bolstered the prosecution’s assertion that Libby was fully aware of [Plame] Wilson’s identity from a number of administration officials, and did not first learn about her from reporters, as he has claimed. Perhaps more important[ly], she testified as a former close colleague of Libby’s and demonstrated her familiarity with him by repeatedly referring to him by his nickname, Scooter.” [International Herald Tribune, 1/25/2007; Marcy Wheeler, 1/25/2007] Of Plame Wilson’s outing by Robert Novak (see July 14, 2003), she testifies, “I knew it was a big deal that he had disclosed it.” [Marcy Wheeler, 1/29/2007]
Testifies that Cheney Coordinated Attack on Wilson - Martin also gives detailed evidence that it was Cheney who coordinated the White House counterattack against Plame Wilson’s husband, Joseph Wilson, in retaliation for his op-ed debunking administration claims that Iraq had tried to purchase uranium from Niger (see July 6, 2003). She testifies that during the first week of July 2003, she and her staff were told to increase their monitoring of the media, including television news (which until that point had not been monitored closely), and to make transcripts of everything that was said pertaining to administration policies and issues. She testifies that Cheney and Libby were both very interested in what the media was reporting about Iraqi WMDs, and whether Cheney’s office had ordered Joseph Wilson to go to Niger (see February 21, 2002-March 4, 2002). She discusses the talking points she disseminated to White House press secretary Ari Fleischer regarding Cheney’s lack of involvement in sending Wilson to Niger (see 9:22 a.m. July 7, 2003). Martin testifies that she had already been using those talking points, based on conversations she had had with Libby, but sent the memo to Fleischer because of Wilson’s appearances on the Sunday morning talk shows (see July 6, 2003). According to Martin, Cheney “dictated” the talking points for Fleischer, and included direct quotes from the National Intelligence Estimate on Iraq (see October 1, 2002), which had been partially declassified without her knowledge (see July 12, 2003)—she says she urged Cheney and Libby to declassify the NIE before leaking information from it to reporters. (Judge Reggie Walton tells the jury, “You are instructed that there is no dispute between the parties that on July 8 certain portions of the NIE had been declassified, although Ms. Martin had not been made aware of the declassification.”) Martin testifies that Cheney told Libby to speak directly to reporters about Wilson, effectively bypassing her and other communications staffers in his office. Martin also says she told Cheney and Libby that Plame Wilson worked for the CIA days before Libby claims he “first” learned it from NBC reporter Tim Russert (see July 10 or 11, 2003). Martin refuses to confirm that either Cheney or Libby suggested leaking Plame Wilson’s identity as part of a strategy to discredit her husband. [Marcy Wheeler, 1/25/2007; Marcy Wheeler, 1/25/2007; MSNBC, 2/21/2007; BBC, 7/3/2007]
Falsely Accused of Leaking Information to NBC Reporter - Martin goes on to describe a senior staff meeting at the White House, where she was implictly accused of leaking information to NBC reporter Andrea Mitchell (see July 9, 2003). She denies leaking the information to Mitchell, and testifies that Libby spoke with Mitchell about such subjects. [International Herald Tribune, 1/25/2007; Marcy Wheeler, 1/25/2007]
Defense Notes Change in Martin's Testimony - The defense notes that Martin has changed the dates of some of her recollections from her previous statements to prosecutor Patrick Fitzgerald’s investigators. [International Herald Tribune, 1/25/2007; Marcy Wheeler, 1/25/2007; Marcy Wheeler, 1/25/2007; New York Times, 2/4/2007] The defense’s cross-examination of Martin extends into Monday, January 29; Fitzgerald briefly redirects her testimony. [Marcy Wheeler, 1/29/2007]
Attempt to Slow Trial Fails - A January 25 attempt by defense attorney Theodore Wells to slow the pace of the trial fails. Wells attempts to delay Martin’s testimony by complaining that he has not had an opportunity to review what he calls a “whole box” of the original copies of Martin’s notes. It would, Wells says, take hours for the defense team to read and review the notes. Fitzgerald reminds the court that the defense has had the notes for a year. Wells then complains that some of the notes are illegible. “I think that’s a bit of a spin,” Fitzgerald retorts, noting that he is only using about four pages of notes as evidence. “These copies were legible. Show me the pages that weren’t legible.” Judge Reggie Walton says that since it would be unethical for Wells to misrepresent his inability to read the documents, he has to accept Wells’s assertion. Fitzgerald then produces the notes, a small stack of documents that do not comprise a “whole box.” Walton, apparently exasperated, tells Wells he can review the notes during his lunch hour, and refuses to delay the trial. [New York Times, 2/10/2007]

Entity Tags: Ari Fleischer, Andrea Mitchell, Bill Harlow, Catherine (“Cathie”) Martin, Bush administration (43), Joseph C. Wilson, Lewis (“Scooter”) Libby, Tim Russert, Patrick J. Fitzgerald, Reggie B. Walton, Valerie Plame Wilson, Richard (“Dick”) Cheney, Theodore Wells, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Ari Fleischer, outside the courthouse where the Libby trial is underway.Ari Fleischer, outside the courthouse where the Libby trial is underway. [Source: Life]Former White House press secretary Ari Fleischer testifies in the trial of Lewis “Scooter” Libby (see January 16-23, 2007), and tells the court that he learned of Valerie Plame Wilson’s CIA status from Libby three days before Libby has said he first learned of it. If Fleischer is telling the truth, then Libby cannot have been truthful in his claims. Prosecutor Patrick Fitzgerald has told the court that in 2004 he offered Fleischer blanket immunity in return for his testimony (see February 13, 2004), without being sure what Fleischer would say in court. The defense team calls the arrangement highly unusual, and days before attempted to bar Fleischer’s testimony (see January 25-27, 2007). [MSNBC, 2/21/2007; BBC, 7/3/2007; Marcy Wheeler, 1/29/2009] The prosecution quickly elicits Fleischer’s admission that if he lies under oath, his immunity agreement becomes void and he, too, can be prosecuted. [Marcy Wheeler, 1/29/2009]
Libby Told Fleischer of Plame Wilson's Identity - Testifying under oath, Fleischer tells prosecuting attorney Peter Zeidenberg (handling the examination for Fitzgerald) that he learned of Plame Wilson’s identity from Libby during a lunch with him on July 7, the day after Plame Wilson’s husband’s controversial op-ed appeared in the New York Times (see July 6, 2003). Libby has told reporters he first learned about Plame Wilson’s identity on either July 10 or July 11 from NBC reporter Tim Russert (see July 10 or 11, 2003, March 5, 2004, and March 24, 2004). According to Fleischer, Libby told him: “Ambassador [Joseph] Wilson was sent by his wife. His wife works for the CIA.” Fleischer testifies that Libby referred to Wilson’s wife by her maiden name, Valerie Plame. Fleischer says, “He added it was hush-hush, on the Q.T., and that most people didn’t know it.” Fleischer also notes that Libby told him Plame Wilson worked in the Counterproliferation Division, where almost everyone is covert, though he testifies that he knows little about the CIA’s internal structure. Four days later, Fleischer heard of Plame Wilson’s CIA status again, that time from White House communications director Dan Bartlett (see July 6-10, 2003). Fleischer informed conservative columnist Robert Novak of Plame Wilson’s CIA status the same day he learned of it from Libby (see July 7, 2003), and told reporters David Gregory and John Dickerson the same information a week later in what he calls a casual conversation (see 8:00 a.m. July 11, 2003). Fleischer insists he believed the information about Plame Wilson was not classified, saying, “[N]ever in my wildest dreams [did I think] this information would be classified.” [CBS News, 1/25/2007; Marcy Wheeler, 1/29/2007; Washington Post, 1/30/2007; National Journal, 2/19/2007; Marcy Wheeler, 1/29/2009]
Defense Cross - The defense notes that Fleischer originally mispronounced Plame Wilson’s maiden name as “plah-MAY,” indicating that he may have read about her instead of being told of her identity. Fleischer says under cross-examination that he did not reveal Plame Wilson’s identity to reporters until he heard about the CIA official from a second White House aide, Bartlett (see July 7, 2003, 8:00 a.m. July 11, 2003, 1:26 p.m. July 12, 2003, and July 15, 2005). It was after Bartlett’s “vent” about Wilson that Fleischer says he decided to inform two reporters, NBC’s David Gregory and Time’s John Dickerson, of Plame Wilson’s CIA status. (Dickerson has said Fleischer did not tell him Plame Wilson was a CIA official—see February 7, 2006.) Fleischer testifies that neither Libby nor Bartlett invoked a White House protocol under which colleagues warned him when they were providing classified information that could not be discussed with reporters. [Marcy Wheeler, 1/29/2007; Marcy Wheeler, 1/29/2007; Washington Post, 1/30/2007; New York Times, 2/4/2007]
Post: Fleischer Impugns Libby 'Memory Defense' - The Washington Post calls Fleischer “the most important prosecution witness to date,” and continues: “Though a series of government officials have told the jury that Libby eagerly sought information about [Wilson], Fleischer was the first witness to say Libby then passed on what he learned: that Wilson’s wife was a CIA officer who had sent him on a trip to Africa.… Fleischer also reinforced the prosecution’s central argument: that Libby had been so determined to learn and spread information about Wilson and Plame that he could not have forgotten his efforts” (see January 31, 2006). [Washington Post, 1/30/2007] In 2004, Libby testified that he could not remember if he discussed Plame Wilson with Fleischer, though he admitted that he may have. [US Department of Justice, 3/5/2004 pdf file]

Entity Tags: Lewis (“Scooter”) Libby, John Dickerson, David Gregory, Joseph C. Wilson, Patrick J. Fitzgerald, Dan Bartlett, Peter Zeidenberg, Bush administration (43), Counterproliferation Division, Valerie Plame Wilson, Ari Fleischer, Robert Novak, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

Judith Miller, center, enters the courtroom. Her lawyer Robert Bennett is escorting her inside.Judith Miller, center, enters the courtroom. Her lawyer Robert Bennett is escorting her inside. [Source: Kevin Wolf / AP]Former New York Times reporter Judith Miller, who spent 85 days in jail trying to avoid testifying to the grand jury investigating the Valerie Plame Wilson identity leak (see July 6, 2005), testifies in the trial of former White House aide Lewis “Scooter” Libby (see January 16-23, 2007). Miller testifies that Libby told her in confidence that the wife of a prominent critic of the Iraq war, Joseph Wilson, worked at the CIA (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Libby has testified that he first learned of Plame Wilson’s CIA status three weeks later, from reporter Tim Russert (see July 10 or 11, 2003 and March 24, 2004). [CBS News, 1/25/2007; Washington Post, 7/3/2007]
'Perverted War of Leaks' - During their first meeting, Miller testifies: “Mr. Libby appeared to me to be agitated and frustrated and angry. He is a very low key and controlled guy, but he seemed annoyed.” Prosecutor Patrick Fitzgerald asks, “Did he indicate what he was annoyed at?” Miller replies, “He was concerned that the CIA was beginning to backpedal to try to distance itself from the unequivocal intelligence estimates it had provided before the war.” She goes on to say that Libby had called the CIA’s action “a perverted war of leaks.” During their subsequent meetings, Libby exhibited an increasing irritation with the idea that the CIA would leak information to put distance between itself and earlier estimates of Iraqi WMD capabilities. According to Miller: “He said that nobody had ever [sic] come to the White House from the CIA and said, ‘Mr. President, this is not right.’ He felt that if the CIA had had such doubts, they should have shared them with the president.”
Outing Plame Wilson - Miller testifies that Libby broached the subject of Joseph Wilson’s trip to Africa (see February 21, 2002-March 4, 2002) during their first meeting. At the time, Wilson was still criticizing the administration anonymously (see May 6, 2003), and few outside Washington knew who he was. Miller says that Libby began by calling Wilson “that clandestine guy,” and only later began referring to him by name. Miller testifies, “He [Libby] said the vice president did not know that Mr. Wilson had been sent on this trip” (see March 5, 2002). Libby told Miller that Cheney did not know of Wilson and “did not get a readout” on Wilson’s findings. As “an aside,” Miller testifies, Libby told her during their first meeting that Wilson’s wife “worked in the bureau.” Miller says at first she was not sure what he was referring to, and speculated that “the bureau” might mean the FBI, but, she says, “it became clear that he was referring to the CIA.” Libby never indicated whether Plame Wilson was a covert official, but during the second meeting, he told her (incorrectly) that Plame Wilson worked in WINPAC, the Weapons Intelligence, Non-Proliferation, and Arms Control Center of the CIA. Libby, Miller testifies, viewed the entire Wilson trip as “a ruse—that’s the word he used—an irrelevancy.” She confirms that during their second meeting, Libby took the unprecedented step of having her identify him in her reporting as “a former Hill staffer,” an apparent attempt to mislead readers into thinking the information he was providing to her was coming from someone who used to work in Congress. Miller testifies that she wanted to write about Plame Wilson being a CIA official, but her editor at the Times, Jill Abramson, refused to allow it. [Marcy Wheeler, 1/30/2007; National Review, 1/31/2007]
Leaking NIE Material - Miller says that Libby began providing her with sensitive information culled from the October 2002 National Intelligence Estimate (NIE—see October 1, 2002) during their second and third meetings. Libby told her that the classified information from the NIE was even stronger in its support of Iraqi WMD claims than what he was giving her. Miller wasn’t sure if the information Libby gave her was classified or unclassified. [Marcy Wheeler, 1/30/2007]
'Refreshed' Memory with Notes - Fitzgerald shows Miller that in her initial testimony before his grand jury (see September 30, 2005), she failed to mention her first discussion of Plame Wilson’s identity with Libby on June 23. Miller claims that she refreshed her memory of that first discussion from her notes of the meeting, which she found in a shopping bag near her desk at the Times, and clarified her testimony in a later appearance (see October 12, 2005).
Defense Focuses on Self-Contradictions - During the defense’s cross-examination, Libby’s attorney William Jeffress hammers at Miller over her seemingly contradictory testimony, sometimes eliciting testy responses. Miller tells the court that her memory “is mostly note-driven,” and that rereading the notes “brought back these memories” of the June 23 meeting. [Marcy Wheeler, 1/30/2007; Marcy Wheeler, 1/30/2007; Marcy Wheeler, 1/30/2007; National Review, 1/31/2007; MSNBC, 2/21/2007] Author Marcy Wheeler, observing the proceedings for the progressive blog FireDogLake, notes that Miller seems extremely nervous and fidgety under Jeffress’s cross-examination. [Marcy Wheeler, 1/30/2007] Miller’s January 30 court testimony ends almost an hour ahead of schedule after Jeffress attempts to ask her about other sources besides Libby with whom she may have discussed Wilson. Miller’s attorney, Bob Bennett, objects, saying questions about other sources are off limits. Judge Reggie Walton dismisses the jury for the day and listens to arguments for and against the line of questioning. Jeffress tells Walton, “I think she’s going to say she couldn’t remember which is very important to her credibility.” Defense lawyer Theodore Wells adds that it is important to have Miller answer the question because it would cast doubt on her testimony. “This is classic 101 [witness] impeachment,” he says. Walton will rule against the line of questioning, agreeing with Fitzgerald that quizzing Miller about her information on Iraqi WMDs is irrelevant to the charges pending against Libby. [Marcy Wheeler, 1/30/2007; Wall Street Journal, 1/31/2007]
'I Just Don't Remember' - The next day, Jeffress continues to aggressively cross-examine Miller. She tells the court she is not completely sure she learned of Plame Wilson’s identity from Libby before she learned it elsewhere, giving Libby’s lawyers an avenue to challenge her memory and her credibility. Miller now says she cannot be “absolutely, absolutely certain” that she first heard about Plame Wilson from Libby. As with earlier government witnesses (see January 23-24, 2007, January 24-25, 2007, January 24, 2007, and January 29, 2007), the defense lawyers challenge Miller’s memory and recollection of events. Jeffress notes that she misspelled Plame Wilson’s name in her notes, identifying her as “Valerie Flame.” Miller shows signs of irritation during the cross-examination, at one point repeating loudly: “I just don’t remember. I don’t remember.” [Marcy Wheeler, 1/30/2007; New York Times, 1/31/2007; Marcy Wheeler, 1/31/2007; New York Times, 2/4/2007]

Entity Tags: Joseph C. Wilson, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Reggie B. Walton, Marcy Wheeler, Richard (“Dick”) Cheney, Judith Miller, Theodore Wells, Robert T. Bennett, Jill Abramson, Tim Russert, William Jeffress, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Time reporter Matt Cooper testifies at the perjury and obstruction trial of former White House official Lewis “Scooter” Libby about his conversations with Libby concerning the identity of CIA officer Valerie Plame Wilson. Cooper confirms that he learned that Plame Wilson worked with the CIA from both Libby and White House political strategist Karl Rove (see 11:00 a.m. July 11, 2003), but did not ask Libby how he knew Plame Wilson was indeed a CIA officer. According to Cooper, when he mentioned learning from Rove that Plame Wilson was a CIA officer, Libby said, “I’ve heard that too.” Cooper says that Libby did not qualify his statement in any way, though in 2004, Libby testified to the grand jury (see March 5, 2004 and March 24, 2004) that he told both Cooper and reporter Judith Miller that he was merely citing rumors he had heard from other reporters (see July 10 or 11, 2003). Cooper confirms that Libby did not indicate the information about Plame Wilson was classified, nor did he say anything about learning it from other journalists. Libby’s lawyers attack Cooper’s credibility, noting that his testimony does not precisely match what he told his editors at the time, and suggest he could have learned of Plame Wilson’s CIA identity from other reporters. [Marcy Wheeler, 1/31/2007; Washington Post, 2/1/2007; National Review, 2/1/2007; New York Times, 2/4/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] Cooper initially said that he considered Libby’s remark “off the record,” a term reporters use to indicate that a comment cannot be used in print. Later, Cooper says he considered it confirmation that could be used as background attribution. He also acknowledges that he changed the wording of Libby’s quote slightly for the Time article. Cooper testifies that he didn’t take any notes on that exchange or include it in his memo to his editor and fellow reporters. “I can’t explain that,” he says. “It was late in the day. I didn’t write it down, but it is my memory.” [Associated Press, 1/31/2007]
Rove's Involvement - Cooper’s testimony gives defense lawyers the opportunity to bring up Rove’s involvement, since Cooper learned of Plame Wilson’s identity from Rove before he learned it from Libby (see 2:24 p.m. July 12, 2003). Cooper says that he was told by Rove that Plame Wilson, not Vice President Dick Cheney, sent former ambassador Joseph Wilson to Niger (see July 6, 2003). [CBS News, 1/25/2007; Marcy Wheeler, 1/31/2007]
Sloppy Journalism - The Washington Post notes of Cooper’s testimony juxtaposed with Judith Miller’s, who preceded him on the stand (see January 30-31, 2007): “The pair’s turn on the witness stand also provided an unflattering portrayal of how some of Washington’s most prominent journalists work. If the testimony of half a dozen government officials earlier in the trial exposed infighting at the highest levels of the Bush administration, the testimony of Cooper and Miller exposed jurors—and the public—to the sloppy and incomplete note-taking of reporters, their inability to remember crucial interviews, and, in Miller’s case, important interview notes stuffed into a shopping bag under her desk.” [Washington Post, 2/1/2007]

Entity Tags: Valerie Plame Wilson, Richard (“Dick”) Cheney, Karl C. Rove, Matthew Cooper, Judith Miller, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

FBI agent Deborah Bond testifies for the prosecution in the trial of former White House official Lewis “Scooter” Libby (see January 16-23, 2007). Bond took over the Libby investigation when the previous head, John Eckenrode (see November 24, 2003), retired. She discusses two interviews she held with Libby, in October and November 2003 respectively (see October 14, 2003 and November 26, 2003). She says that in one interview Libby acknowledged that his former boss, Vice President Dick Cheney, “may have talked” on July 12, 2003, about telling the press that former ambassador Joseph Wilson’s wife, Valerie Plame Wilson, worked at the CIA, though Libby told her that he was “not sure” the conversation actually took place. According to Bond, Libby acknowledged that he and Cheney “may have” discussed the Plame Wilson matter the same day, while the two flew back to Washington from Norfolk aboard Air Force Two (see July 12, 2003); Libby said that Cheney might have learned about Plame Wilson’s CIA status from CIA Director George Tenet or another CIA official, though he was not sure. Cheney was wondering how to discredit Plame Wilson’s husband, war critic Joseph Wilson. Days before, Cheney had written in the margin of an op-ed by Wilson a question about the possibility of Plame Wilson sending her husband on a fact-finding “junket” to Niger (see July 7, 2003 or Shortly After). Libby told the FBI during a November 2003 interview that, in the agent’s words, “there was a discussion whether to report to the press that Wilson’s wife worked for the CIA” during that July 12 flight. “Mr. Libby told us he believed they may have talked about it but he wasn’t sure.” In the hours after the discussion, Libby called reporter Judith Miller; in their conversation, he outed Plame Wilson as a CIA official and accused her of sending her husband to Niger (see Late Afternoon, July 12, 2003), though Bond testifies that Libby denied ever mentioning Plame Wilson to Miller. Libby also called Time reporter Matthew Cooper and confirmed that Plame Wilson was a CIA officer, and had been involved in her husband’s trip (see 2:24 p.m. July 12, 2003). Newsweek reporter Michael Isikoff says of Bond’s testimony, “This is significant, because it bring [sic] Cheney himself far more directly into the case, and for the first time suggests that it was the vice president who wanted the news about Wilson’s wife to be circulated to the news media.” Bond’s testimony also establishes the first time Libby claimed he “forgot” about learning Plame Wilson’s CIA status until “remembering” in October 2003. [Marcy Wheeler, 2/1/2007; Marcy Wheeler, 2/1/2007; Marcy Wheeler, 2/1/2007; Washington Post, 2/2/2007; Associated Press, 2/2/2007; National Journal, 2/15/2007; MSNBC, 2/21/2007] The defense presses Bond to acknowledge that Libby told her he was unsure of his memory and needed to consult his notes to be sure of his facts. Defense lawyer Theodore Wells also notes that Bond’s notes from the Libby interview are incomplete, and fail to mention Libby’s denials of disclosing Plame Wilson’s identity to Miller. Bond says that while she is sure Libby denied discussing Plame Wilson’s CIA identity with then-White House press secretary Ari Fleischer (see January 29, 2007), FBI notes of Libby’s testimony contain no record of such a denial. The notes say that he may have discussed it, but he couldn’t recall. “Adamantly might not be the perfect word,” Bond testifies. [Marcy Wheeler, 2/1/2007; Marcy Wheeler, 2/1/2007; Associated Press, 2/5/2007; FireDogLake, 2/5/2007; FireDogLake, 2/5/2007; BBC, 7/3/2007]

Entity Tags: Federal Bureau of Investigation, Deborah Bond, George J. Tenet, Judith Miller, John Eckenrode, Lewis (“Scooter”) Libby, Ari Fleischer, Michael Isikoff, Joseph C. Wilson, Matthew Cooper, Richard (“Dick”) Cheney, Valerie Plame Wilson, Theodore Wells

Timeline Tags: Niger Uranium and Plame Outing

Jurors in the Lewis Libby perjury and obstruction trial (see January 16-23, 2007) hear eight hours of audio recordings of Libby’s 2003 and 2004 grand jury testimony (see March 5, 2004, March 24, 2004, and February 1-5, 2007). Three of the five perjury and obstruction of justice charges stem from Libby’s testimony before that grand jury. In the tapes, Libby acknowledges to prosecutor Patrick Fitzgerald that he understands a person who does not tell the truth to a grand jury can be charged with perjury. Libby’s memory was extraordinarily poor during his testimony; he told jurors in 2004 that he could recall little of his conversations with his then-boss, Vice President Dick Cheney, about former ambassador and administration critic Joseph Wilson (see March 5, 2004 and March 24, 2004). Libby did recall Cheney telling him that Wilson’s wife, Valerie Plame Wilson, was a CIA officer, but said Cheney told him in “sort of an offhand manner, as a curiosity.” Presiding judge Reggie Walton rules that once the jury is finished with them, the tapes will be released to the media. Libby’s lawyers had argued that releasing them would “seriously threaten” his right to a fair trial. [CBS News, 1/25/2007; FireDogLake, 2/5/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] Jurors will hear more grand jury testimony the next day (see February 6, 2007).

Entity Tags: Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Reggie B. Walton, Valerie Plame Wilson, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Jurors in the Lewis Libby perjury trial (see January 16-23, 2007) hear six more hours of audio recordings of Libby’s 2003 and 2004 grand jury testimony (see March 5, 2004, March 24, 2004, and February 1-5, 2007). They spent all of yesterday listening to Libby’s testimony from the same audio recordings (see February 5, 2007). Today, jurors hear Libby acknowledging that he originally learned of Valerie Plame Wilson’s CIA identity from his then-boss, Vice President Dick Cheney (see (June 12, 2003)). But, Libby said, he “forgot” that he had learned that information from Cheney, so when he heard it a second time from NBC News bureau chief Tim Russert (see July 10 or 11, 2003), he thought that he was hearing it for the first time. According to Libby, Russert asked him in July 2003, “Did you know that [former] ambassador [Joseph] Wilson’s wife works at the CIA?” Libby added: “And I was a little taken aback by that. I remember being taken aback by it.” Libby’s testimony conflicts with testimony given by many other witnesses, who say Libby discussed Wilson’s wife with them before the stated date of the Libby-Russert conversation. In his grand jury testimony, Russert said he didn’t recall Plame Wilson’s name coming up at all in his conversation with Libby (see February 7-8, 2007). In other portions of the audio tapes, Libby is heard repeatedly claiming that he cannot remember details of conversations other officials have said they had with him. [FireDogLake, 2/5/2007; FireDogLake, 2/6/2007; FireDogLake, 2/6/2007; FireDogLake, 2/6/2007; FireDogLake, 2/6/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] Prosecutor Patrick Fitzgerald says of Libby’s claimed memory lapse, “You can’t be startled about something on Thursday [July 10] that you told other people about on Monday [July 7] and Tuesday [July 8].” Fitzgerald is referring to Libby’s disclosure of Plame Wilson’s identity to reporter Judith Miller (see 8:30 a.m. July 8, 2003). [FireDogLake, 2/5/2007; National Journal, 2/19/2007] Jurors are able to follow the audiotapes with printed copies of Libby’s testimony as well as from a display on a large television monitor. [CBS News, 1/25/2007; FireDogLake, 2/5/2007] The grand jury replay will conclude tomorrow morning (see February 7, 2007).

Entity Tags: Joseph C. Wilson, Patrick J. Fitzgerald, Judith Miller, Tim Russert, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Artist’s sketch of Tim Russert testifying in the Libby trial.Artist’s sketch of Tim Russert testifying in the Libby trial. [Source: Art Lien / CourtArtist (.com)]NBC Washington bureau chief Tim Russert testifies in the trial of Lewis “Scooter” Libby (see January 16-23, 2007), following almost three days of videotaped testimony from Libby (see February 7, 2007). Russert’s testimony is virtually identical to statements he previously made to an FBI investigator (see November 24, 2003) and to the Plame Wilson grand jury (see August 7, 2004).
Never Discussed Plame Wilson with Libby - Questioned by prosecutor Patrick Fitzgerald, Russert contradicts Libby’s 2004 testimony, where Libby said he learned of CIA officer Valerie Plame Wilson’s identity from Russert in July 2003 (see March 5, 2004 and March 24, 2004). Russert says that in July 2003 he spoke with Libby, who complained about MSNBC news anchor Chris Matthews’s coverage of the Iraq war (see July 10 or 11, 2003). Libby testified that at the end of that phone call, Russert broached the subject of war critic Joseph Wilson and told him that Wilson’s wife worked for the CIA, saying, “[A]ll the reporters know” that Plame Wilson is a CIA officer. Russert tells the jury: “That would be impossible. I didn’t know who that person was until several days later.” He adds: “If he had told me [Plame Wilson’s identity], I would have asked him how he knew that, why he knew that, what is the relevance of that. And since [it was] a national security issue, my superiors [would] try to pursue it.”
Cross-Examination Focuses on Faulty Recollections - Libby’s lawyer, Theodore Wells, is skeptical of Russert’s denial. “You have the chief of staff of the vice president of the United States on the telephone and you don’t ask him one question about it?” he asks. “As a newsperson who’s known for being aggressive and going after the facts, you wouldn’t have asked him about the biggest stories in the world that week?” Russert replies, “What happened is exactly what I told you.” Wells cites a transcript of Russert’s initial testimony before the FBI, in which he said he could not rule out discussing Plame Wilson with Libby. Russert says he doesn’t believe that is what he told the FBI. Wells asks, “Did you disclose in the affidavit to the court that you had already disclosed the contents of your conversation with Mr. Libby?” Russert attempts to answer, saying, “As I’ve said, sir…” but Wells cuts him off, saying, “It’s a yes or no question.” Russert responds, “I’d like to answer it to the best of my ability.” Wells says: “This is a very simple question. Either it’s in the affidavit or it’s not. Did you disclose to the court that you had already communicated to the FBI the fact that you had communicated with Mr. Libby?” Russert answers, “No” (see Late February or Early March, 2004). Wells attempts to raise questions about Russert’s ethics and credibility, and implies that Russert wanted to see Libby face charges. In follow-up questioning, Fitzgerald asks Russert, “Did you take joy in Mr. Libby’s indictment?” Russert replies: “No, not at all. And I don’t take joy in being here” in the courtroom as a witness. During the second day of Russert’s testimony, defense lawyers ask why Russert told the FBI about his conversation with Libby, but said he would not testify if subpoenaed; Russert says he viewed the FBI conversation and the subpoena differently. During redirect, Fitzgerald notes that during Libby’s grand jury testimony, Libby claimed that he had indeed learned of Plame Wilson’s identity from his then-boss, Vice President Dick Cheney, but had forgotten about it, and when Russert told him about Plame Wilson’s CIA status, it was as if it were new information to him (see February 6, 2007). [FireDogLake, 2/7/2007; FireDogLake, 2/7/2007; FireDogLake, 2/7/2007; FireDogLake, 2/7/2007; FireDogLake, 2/7/2007; FireDogLake, 2/7/2007; CNN, 2/8/2007; New York Times, 2/9/2007; Associated Press, 2/9/2007; MSNBC, 2/12/2007; MSNBC, 2/21/2007] The Associated Press writes: “Wells wants to cast Russert as someone who cannot be believed, who publicly championed the sanctity of off-the-record conversations but privately revealed that information to investigators. Russert said he viewed the FBI conversation and testimony to prosecutors differently.” [Associated Press, 2/9/2007]
Potential Mistrial Averted - The jurors are not supposed to read about the trial in the press or watch television coverage of it; resultingly, they are provided newspapers with the pertinent information scissored out. As the jurors enter the courtroom for Russert’s second day of testimony, Judge Reggie Walton notes that they were given newspapers with a Washington Post article, headlined “Tim Russert on the Uncomfortable Side of a Question,” unredacted. A juror brought the newspaper to the attention of the marshals immediately upon receipt of it, and no juror admits to having read it. Walton rules that no harm has been done, and a potential mistrial is averted. [FireDogLake, 2/7/2007]

Entity Tags: Lewis (“Scooter”) Libby, NBC News, Reggie B. Walton, Joseph C. Wilson, Richard (“Dick”) Cheney, Chris Matthews, Theodore Wells, Valerie Plame Wilson, Patrick J. Fitzgerald, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

The defense for accused perjurer Lewis “Scooter” Libby questions Vice President Dick Cheney’s national security adviser, John Hannah, who says he worked very closely with Libby while Libby served as Cheney’s chief of staff. Hannah testifies that Libby has a poor memory (see January 31, 2006), telling defense lawyer John Cline, “On certain things Scooter had an awful memory.” Hannah also says that part of Libby’s job as chief of staff to Cheney was to “push back” on any criticism of the vice president such as that leveled by war critic Joseph Wilson (see July 6, 2003). [New York Times, 2/13/2007; Marcy Wheeler, 2/13/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] Hannah says of Libby’s memory, “It would often be the case where he was quite good at remembering ideas and concepts and very bad at figuring out how those ideas came to him.” Hannah portrays Libby’s typical workday as, in the words of the Associated Press, “breakneck,” with CIA briefings beginning a long and often hectic workday peppered with top-level meetings. “He was the key person talking about and helping advise the vice president on issues of homeland security,” Hannah testifies. Hannah’s testimony is key to the defense strategy, helping paint Libby as a man consumed with the duties of an intensely stressful job and therefore prone to make mistakes in recollection, especially about issues such as the identity of a CIA official whose husband is publicly criticizing the government. Hannah is also able to introduce some specifics about the national threats Libby worked to prevent, including terrorism and the problems posed by Iran and Pakistan, without subjecting Libby to cross-examination (see February 12, 2007). When Libby tried to remember things during his hectic workday, Hannah testifies, he often was unable to do so completely. [Associated Press, 2/13/2007; New York Times, 2/13/2007; Marcy Wheeler, 2/13/2007; Marcy Wheeler, 2/13/2007] Hannah’s attempt to paint Libby as overworked and mnemonically challenged is short-lived, as prosecutor Patrick Fitzgerald pins Hannah down in cross-examination. Fitzgerald asks Hannah if it would be accurate to say that because of Libby’s crushing work schedule during the week of July 6, 2003, the former chief of staff would have only spent time on things he considered important. “If he gave something an hour or two that week,” Fitzgerald asks, “it would be something Mr. Libby thought was important, right?” Hannah agrees. The jury is well aware that Libby spent two hours with New York Times reporter Judith Miller on July 8 of that week (see 8:30 a.m. July 8, 2003). Both outed CIA case officer Valerie Plame Wilson and FireDogLake blogger Jane Hamsher will observe, “It was a Perry Mason moment.” [Wilson, 2007, pp. 290-291; Associated Press, 2/13/2007; New York Times, 2/13/2007; Marcy Wheeler, 2/13/2007; Jane Hamsher, 2/13/2007] Former Clinton adviser Sidney Blumenthal, the author of a recent book critical of the Bush administration, calls Hannah “Cheney’s stand-in, but without Cheney’s enormous potential liabilities that might be explored through cross-examination. Hannah’s role was to be the first-person witness to buttress Libby’s memory defense.” [Salon, 2/15/2007]

Entity Tags: Joseph C. Wilson, John Cline, John Hannah, Valerie Plame Wilson, Sidney Blumenthal, Jane Hamsher, Reggie B. Walton, Richard (“Dick”) Cheney, Judith Miller, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

With one exception, the jury comes to the courtroom wearing red Valentine’s Day T-shirts.With one exception, the jury comes to the courtroom wearing red Valentine’s Day T-shirts. [Source: Art Lien / Court Artist (.com)]The defense in the Lewis Libby trial (see January 16-23, 2007) rests after a speech by defense attorney John Cline, who tells jurors about Libby’s briefings on terrorist threats, bomb scares, insurgent attacks, and other issues. [ABC News, 2/14/2007; Marcy Wheeler, 2/14/2007; MSNBC, 2/21/2007]
Jury Intends to 'Act Independently' - In the spirit of Valentine’s Day, the jurors all enter the courtroom wearing identical red shirts with white hearts on the chests (one juror, an art historian and former museum curator, is not so attired). Juror 1432, whose name is not available to the press, stands up and says to Judge Reggie Walson, “We wanted to express our appreciation to you for our comfort and our safety thanks to the marshals.” The juror then adds: “This is where our unity ends.… We are committed to act independently… and base our decision on an independent basis.” Judge Reggie Walton calls the jurors “conscientious” and thanks them for their service. [ABC News, 2/14/2007; Associated Press, 2/14/2007; New York Sun, 2/15/2007] Court artist Art Lien predicts that the one juror who refuses to wear the red T-shirt will “surely [be] the likely holdout when it comes to a verdict.” [Art Lien, 2/14/2007]
Judge Denies Request to Recall Reporter - Walton denies a defense request to recall NBC reporter Tim Russert (see February 7-8, 2007). When Russert, who has a law degree, testified for the prosecution, he said he did not know that a witness could have a lawyer present during his testimony before prosecutor Patrick Fitzgerald (see November 24, 2003) and August 7, 2004). The defense has three video clips from Russert’s broadcasts during the investigation of the Clinton-Lewinsky affair that indicate he did know witnesses could have lawyers present. Russert was not forced to testify before the grand jury (see August 9, 2004), and the defense argues that he was given favorable treatment by special counsel Patrick Fitzgerald. Had Walton allowed the clips into evidence, he would have allowed the defense to recall Russert to explain the inconsistencies. “It does touch on his credibility,” Walton says. “His credibility, it seems to me, is crucial to this case. He’s probably, if not the most important, one of the most important witnesses.” Lead defense attorney Theodore Wells also argues that Russert misrepresented himself during the investigation, saying, “He went around the country telling people he was this great protector of the First Amendment,” when in fact he had cooperated with the probe. “It was totally kept out of the public record and Mr. Russert took great advantage of that.” But Walton eventually agrees with Fitzgerald, who says Libby’s attorneys already had five hours of cross-examination with Russert after 15 minutes of testimony, and because they were apparently unsuccessful in shaking his credibility, they want a “do over.” Fitzgerald says it does not matter to the case what Russert knew about grand jury procedure, and therefore he should not be recalled. Walton agrees, saying, “It’s a totally, wholly collateral matter.” [Associated Press, 2/14/2007; Marcy Wheeler, 2/14/2007; Marcy Wheeler, 2/14/2007; New York Sun, 2/15/2007]
Denies Request to Admit Classified Evidence - Walton also reiterates his refusal to allow Libby’s former CIA briefers to testify on his behalf (see February 13-14, 2007). Walton says he had decided to allow the defense to enter a large number of classified documents into evidence to prove Libby’s daily workload and bolster his “memory defense” (see January 31, 2006) because he understood Libby would testify in court and subject himself to cross-examination by the prosecution; since Libby is declining to testify (see February 13-14, 2007), Walton rules he will not allow the material to be entered into evidence. “This seeks to get Mr. Libby’s statement [that he did not lie about his knowledge of Valerie Plame Wilson’s CIA status, he merely “misremembered” it when testifying to the FBI and the grand jury] in through the back door without opening him up to cross-examination.… I just don’t buy that, counsel. I don’t think you can play coy by suggesting Mr. Libby is going to testify” and then hold the government to the deal without putting Libby on the stand. “It was absolutely understood from everything that was said to me that Mr. Libby was going to testify.” Defense lawyers should not be able to use the pretrial process for handling classified information to force disclosures based on a particular defense and then use that information in a different way, Walton says. “It’s too much of a game now. This is supposed to be about finding the truth. I won’t permit it.” The defense protests, saying the decision violates Libby’s Fifth and Sixth Amendment rights. Walton shakes his head in refusal and says, “If I get reversed [on appeal] on this one, maybe I have to hang up my spurs.” [ABC News, 2/14/2007; US District Court for the District of Columbia, 2/14/2007; US District Court for the District of Columbia, 2/14/2007; Marcy Wheeler, 2/14/2007; Marcy Wheeler, 2/14/2007; New York Sun, 2/15/2007; BBC, 7/3/2007]
Stipulation Read into Evidence - Before the defense rests, the lawyers read a stipulation (a statement of fact agreed to by both sides) from former FBI agent John Eckenrode, who led the FBI’s initial leak investigation (see September 26, 2003). Eckenrode’s statement focuses on a report he wrote concerning two occasions of his speaking to Russert about the leak (see November 24, 2003 and August 7, 2004). Russert testified during the trial that Eckenrode had contacted him to discuss statements in which Libby said he had learned about Plame Wilson from Russert (see February 7-8, 2007). Eckenrode’s statement says Russert told him he had one or possibly two conversations with Libby on or around July 10, 2003, but couldn’t remember all the details. Eckenrode stipulates that Russert “[d]oes not recall saying anything about the wife of Ambassador Wilson.… Although he could not rule out the possibility he had such an exchange, Russert was at a loss to remember it.” The defense hopes this statement helps bolster Libby’s “memory defense” (see January 31, 2006). [ABC News, 2/14/2007]
Testimony Phase Concludes - Fitzgerald does not call rebuttal witnesses, merely reading a brief rebuttal statement noting that Plame Wilson had worked at the CIA’s Counterproliferation Division (CPD) at CIA headquarters in Langley, Virginia. Walton then tells the jury, “All of the evidence has now been presented in this case.” The defense rests its case after only two days of witness testimony over three days, whereas the prosecution’s case spanned 11 days. [CBS News, 1/25/2007; ABC News, 2/14/2007; Marcy Wheeler, 2/14/2007]
Defense Lawyer Says Decision for Libby, Cheney Not to Testify Was His Own - After the jury is dismissed for the day, Wells tells the judge that it was his decision not to have either Libby or Vice President Dick Cheney testify (see February 13-14, 2007). “It was my recommendation,” he says. “I had the vice president on hold right up to the last minute. [H]e had his schedule open.” Wells says the defense began to reverse its initial intention to put Libby on the stand when the government turned over evidence that could undermine the testimony of some prosecution witnesses. He cites the grant of immunity to former White House press secretary Ari Fleischer, another Plame Wilson identity leaker (see February 13, 2004). “The canvas and the landscape radically changed” after the defense learned more about the government witnesses, Wells says. The defense does not believe the prosecution has proved beyond a reasonable doubt that Libby perjured himself before FBI investigators and a grand jury. Wells says: “There’s no box on the verdict sheet that says ‘innocent’ or ‘you didn’t tell the whole story.’ The box says ‘guilty’ or ‘not guilty.’” Ultimately, Wells says, “We have to make decisions on our client’s best interest.” The trial now moves to closing arguments and then jury deliberations leading to a verdict. [ABC News, 2/14/2007; Marcy Wheeler, 2/14/2007; New York Sun, 2/15/2007]

Entity Tags: Art Lien, Ari Fleischer, John Cline, Valerie Plame Wilson, Tim Russert, John Eckenrode, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Reggie B. Walton, Theodore Wells

Timeline Tags: Niger Uranium and Plame Outing

Columnist Byron York, writing for the conservative publication National Review, explains to readers why neither former White House official Lewis Libby nor Vice President Dick Cheney testified during Libby’s trial on perjury and obstruction charges (see February 13-14, 2007). York says that once the decision was made for Libby not to testify, there was no reason for Cheney to testify. “The vice president would likely have testified about Libby’s state of mind in May, June, and July of 2003, when the Bush administration’s case for war in Iraq was under attack by former ambassador Joseph Wilson,” York writes. “The Libby defense has maintained that he, Libby, was tremendously busy at the time and might well have forgotten about the particulars of how he learned, and then forgot, about the identity of Valerie Plame Wilson. With Libby not testifying, it followed that Cheney wouldn’t either.” York then addresses the decision to keep Libby off the witness stand. For York, the question was not whether the jury needed to hear Libby talk about his role in exposing Valerie Plame Wilson as a CIA official, but whether the jury needed to hear it again, after listening to eight hours of Libby’s grand jury testimony (see February 5, 2007 and February 6, 2007). “[B]y the time Libby had to decide whether to testify,” York writes, “the jury had already heard a lot of Lewis Libby testifying.” It had also heard audio of special prosecutor Patrick Fitzgerald quizzing Libby. York writes: “Libby’s defenders are betting that jurors took from those recordings an impression not only of the defendant but of the prosecutor. And the impression that Libby’s supporters hope jurors will have is that of a prosecutor trying too hard to find a crime where there was none.” What jurors did not hear during those hours of audio evidence, York notes, was Fitzgerald asking Libby about former Deputy Secretary of State Richard Armitage’s leak of Plame Wilson’s CIA identity (see June 13, 2003). York concludes: “[T]he entirety of Fitzgerald’s grand jury questioning might leave jurors with a more nuanced impression: that of a prosecutor who had received faulty information, or incomplete information, from other witnesses and who looked to Libby—and not those who had omitted or failed to remember key acts during their testimony—as the suspected criminal. The grand jury tapes reveal a prosecutor who had had sand thrown in his eyes—to use Fitzgerald’s famous image—but it had not been thrown by Lewis Libby.” [National Review, 2/15/2007]

Entity Tags: Richard Armitage, Bush administration (43), Byron York, Richard (“Dick”) Cheney, Joseph C. Wilson, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

New York Sun reporter Josh Gerstein, in an analysis of the Lewis Libby trial, says the jury has a “plethora of reasons to acquit Libby” if it chooses to do so. Gerstein runs through the defense’s attempts to paint Libby as having tremendous memory problems (see February 13, 2007), and reminds readers that the memories of several government witnesses have been challenged by the defense (see January 23-24, 2007, January 24-25, 2007, January 24, 2007, January 25-29, 2007, January 29, 2007, January 30-31, 2007, January 31, 2007, February 1-5, 2007, February 7-8, 2007, February 13, 2007, and February 14, 2007). The defense has also offered three different theories to explain Libby’s prosecution, including his victimization by reporters, the CIA, and State Department, and White House officials attempting to protect deputy chief of staff Karl Rove. “You throw out as much as you can, hoping to get one juror,” says criminal defense lawyer Edward Hayes. “People like conspiracy theories.” Another defense lawyer, Benjamin Brafman, says: “It’s not inconceivable you could get a couple of jurors to say, ‘I don’t think he’s guilty because of memory. We all forget some things.’ A couple of jurors might not like that argument but might be persuaded by the suggestion he’s a sacrificial lamb and the administration is protecting Rove.” On the other hand, the defense’s “scattershot approach” might make the jury lose faith in its arguments. Branfman says: “I think you have to be very careful throwing defenses into a case. [Prosecutor Patrick] Fitzgerald is going to look at the number of defenses and comment on that. If something was made in their opening statement and they didn’t deliver, he has the right to comment on that.” And Hayes adds that the defense should be careful in suggesting that all the prosecution witnesses are “out to get” Libby: “What you can’t do is argue that every single witness is a bad person, lying, and out to hurt somebody. That’s just too much.” Most of the defense lawyers interviewed by Gerstein say they agree with the defense’s decision not to allow Libby to testify. Brafman agrees with an argument recently advanced by conservative columnist Byron York (see February 15, 2007), that the jury had already heard Libby’s testimony through audiotapes of his previous testimony to a grand jury (see February 5, 2007 and February 6, 2007), and to allow Libby to restate his earlier testimony and be cross-examined again would be “superfluous and perhaps reckless.” Gerstein concludes with praise from Brafman about lead defense attorney Theodore Wells. “Ted Wells is probably one of the most eloquent criminal defense lawyers in the United States. He’s a very charming man,” Brafman says. “He’ll probably deliver one of the best summations anyone has ever seen in any case.” [New York Sun, 2/16/2007]

Entity Tags: Theodore Wells, Lewis (“Scooter”) Libby, Edward Hayes, Josh Gerstein, Karl C. Rove, Benjamin Brafman, Patrick J. Fitzgerald, Byron York

Timeline Tags: Niger Uranium and Plame Outing

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