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Context of '11:00 a.m. February 20, 2007: Defense Makes Closing Argument: ‘Give Him Back to Me’'

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Washington Post reporter Bob Woodward meets with Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby, pursuant to their telephone conversation four days prior (see June 23, 2003). Woodward’s interview is in regards to to his upcoming book Plan of Attack. Although Woodward questions Libby about the prewar National Intelligence Estimate on Iraq (see October 1, 2002) and the Iraq-Niger uranium claims (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003), Woodward will later testify that the subject of “outed” CIA agent Valerie Plame Wilson does not come up. He will say that he may have asked Libby about either Plame Wilson or her husband Joseph Wilson (see February 21, 2002-March 4, 2002 and July 6, 2003), but he has nothing in his notes about Libby discussing the subject. [Washington Post, 11/16/2005; Marcy Wheeler, 2/12/2007] Woodward is aware of Plame Wilson’s identity as a CIA official (see June 13, 2003). According to later testimony from Woodward (see November 14, 2005), Libby discusses classified information from the October 2002 NIE (see October 1, 2002) that purports to show Iraq attempted to buy enriched uranium from Africa. According to Woodward’s notes, Libby describes the purported Iraqi efforts to buy uranium as “vigorous.” [Washington Post, 4/9/2006]

Entity Tags: Valerie Plame Wilson, Lewis (“Scooter”) Libby, Joseph C. Wilson, Bob Woodward

Timeline Tags: Niger Uranium and Plame Outing

New York Times reporter David Sanger interviews Lewis Libby, Vice President Dick Cheney’s chief of staff, about Secretary of State Colin Powell’s UN presentation in February (see February 5, 2003). As he and Cheney have planned (see August 2002, June 27, 2003, July 7-8, 2003, 8:30 a.m. July 8, 2003, (July 11, 2003), July 14 or 15, 2003, and July 18, 2003), Libby discloses classified information from the October 2002 National Intelligence Estimate to Sanger (see October 1, 2002). [US District Court for the District of Columbia, 3/5/2004 pdf file; US Department of Justice, 2/2007 pdf file; Marcy Wheeler, 2/12/2007]

Entity Tags: David Sanger, Colin Powell, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda, 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

Lewis Libby, the chief of staff to Vice President Dick Cheney, and NBC News reporter and anchor Tim Russert speak on the telephone. Libby wants to complain to Russert about an MSNBC talk show host, Chris Matthews, and Matthews’s coverage of the Iraq-Niger controversy (see July 10, 2003). Libby will later claim that, during the conversation, Russert informs him that Valerie Plame Wilson, the wife of war critic Joseph Wilson, is a CIA officer. “All the reporters know” that Plame Wilson is a CIA officer, Libby will testify that Russert says. Russert will testify that he and Libby never discuss Plame Wilson (see November 24, 2003 and February 7-8, 2007), and at the time he has no knowledge of her CIA status. [US Department of Justice, 3/5/2004 pdf file; Washington Post, 1/10/2006; MSNBC, 2/21/2007] It is unclear whether Libby speaks to Russert before or after his conversation with White House political strategist Karl Rove, who tells him that he has “outed” Plame Wilson to columnist Robert Novak (see July 10 or 11, 2003).

Entity Tags: Robert Novak, Chris Matthews, Karl C. Rove, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Tim Russert

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

According to a November 2004 article in the Washington Post, a syndicated column by Robert Novak exposing Valerie Plame Wilson as a CIA official (see July 14, 2003) may appear on the Associated Press wire as early as July 11, 2003, giving White House officials a chance to read the column and learn of Plame Wilson’s status three days before its appearance in print publications such as the Chicago Sun-Times. The Washington Post will say: “The timing [of the column’s appearance] could be a critical element in assessing whether classified information was illegally disclosed. If White House aides directed reporters to information that had already been published by Novak, they may not have disclosed classified information.” [Washington Post, 11/26/2004] Novak sends a draft copy of the column to at least one person on this day: conservative lobbyist Richard Hohlt (see 4:00 p.m. July 11, 2003). Many of the White House leaks of Plame Wilson’s identity come on or before this day (see June 13, 2003, June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, and 8:00 a.m. July 11, 2003). And on this day, Novak is still attempting to confirm that Plame Wilson is indeed a CIA official (see (July 11, 2003)).

Entity Tags: Richard Hohlt, Associated Press, Bush administration (43), Valerie Plame Wilson, Washington Post, Robert Novak

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

Lewis Libby, the chief of staff for Vice President Dick Cheney, confirms to Time reporter Matthew Cooper that Valerie Plame Wilson is a CIA officer. Libby has been in regular communication with senior White House officials, including political strategist Karl Rove, to discuss how to discredit Plame Wilson’s husband, war critic Joseph Wilson. On July 11, the two spoke privately after a staff meeting. According to later testimony from both Rove and Libby, Rove told Libby that he had spoken to columnist Robert Novak on July 9 (see July 8 or 9, 2003), and that Novak would soon write a column about Plame Wilson (see July 14, 2003). Today, Libby joins Cheney and others flying to and from Norfolk, Virginia, aboard Air Force Two; on the return trip, Libby discusses with the others what he should say in response to media inquiries about Wilson’s recent column (see July 6, 2003 and July 12, 2003). After returning to Washington, Libby calls Cooper, a reporter for Time magazine, who has already learned from Rove that Plame Wilson is a CIA officer (see July 8, 2003 and 11:00 a.m. July 11, 2003). According to Libby’s 2005 indictment (see October 28, 2005), “Libby confirmed to Cooper, without elaboration or qualification, that he had heard this information, too,” that Plame Wilson was CIA. [National Journal, 3/30/2006] Libby speaks “on the record” to deny that Cheney had anything to do with the CIA’s decision to send Joseph Wilson to Niger (see July 6, 2003, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, and July 8, 2003). On background, Cooper asks Libby if he knows anything about Wilson’s wife being responsible for sending him to Niger. Libby replies, “Yeah, I’ve heard that too.” [Cooper, 7/12/2003 pdf file; Cooper, 7/12/2003 pdf file; United States Court of Appeals for the District of Columbia Circuit, 12/8/2004 pdf file; Time, 7/17/2005; US District Court for the District of Columbia, 10/28/2005 pdf file] Cheney’s communications director Cathie Martin and Libby’s aide Jenny Mayfield are present for Libby’s call to Cooper. [US District Court for the District of Columbia, 10/30/2006 pdf file] Later this afternoon, Libby phones New York Times reporter Judith Miller and discusses Plame Wilson’s CIA status (see Late Afternoon, July 12, 2003).

Entity Tags: Matthew Cooper, Jennifer Mayfield, Joseph C. Wilson, Catherine (“Cathie”) Martin, Bush administration (43), Karl C. Rove, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, Valerie Plame Wilson

Timeline Tags: 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

Time magazine, in an article by Matthew Cooper and two other reporters, asks the question, “Has the Bush administration declared war on a former ambassador who conducted a fact-finding mission to probe possible Iraqi interest in African uranium?” Its answer: “Perhaps.” The ambassador is Joseph Wilson, who flew to Africa in February 2002 to find the truth behind the charges that Iraq had secretly attempted to purchase uranium from Niger (see February 21, 2002-March 4, 2002). Wilson found no evidence to back up those claims (see March 4-5, 2002), and recently wrote a New York Times op-ed blasting the administration’s use of those claims to justify invading Iraq (see July 6, 2003).
White House Says Wilson's Report Bolstered Claims - Cooper reports that since Wilson’s op-ed was published, “administration officials have taken public and private whacks at Wilson, charging that his 2002 report, made at the behest of US intelligence, was faulty and that his mission was a scheme cooked up by mid-level operatives.” CIA Director George Tenet and White House press secretary Ari Fleischer have both criticized Wilson and disputed his conclusion, even stating that his findings in Niger actually strengthened the administration’s claims of an Iraq-Niger connection, saying that he reported a meeting with a former Nigerien government official who discussed being approached by an Iraqi official in June 1999 who wanted to expand commercial relations between the two countries. According to government officials, Wilson interpreted that overture as an attempt to discuss uranium sales. Fleischer said: “This is in Wilson’s report back to the CIA. Wilson’s own report, the very man who was on television saying Niger denies it… reports himself that officials in Niger said that Iraq was seeking to contact officials in Niger about sales” (see February 1999). Wilson disputes the characterization, saying that he never interpreted the discussion in the way the White House claims he did: “That then translates into an Iraqi effort to import a significant quantity of uranium as the president alleged? These guys really need to get serious.”
Wilson and the Forged Documents - Tenet has blasted Wilson for never discussing the forged Iraq-Niger documents (see Between Late 2000 and September 11, 2001); for his part, Wilson said that he did not discuss the documents because he never saw them. And Fleischer says that Wilson erred in taking Nigerien officials at their word: “He spent eight days in Niger and he concluded that Niger denied the allegation. Well, typically nations don’t admit to going around nuclear nonproliferation.”
Claims that Wilson Sent at Behest of Wife - Other unnamed White House officials have insinuated that Wilson was sent to Niger at the behest of his wife, Valerie Plame Wilson (see February 13, 2002, February 13, 2002, Shortly after February 13, 2002, February 20, 2002, and February 21, 2002-March 4, 2002), whom Cooper identifies as “a CIA official who monitors the proliferation of weapons of mass destruction” (see (June 12, 2003)). Cooper learned of Plame Wilson’s CIA status from White House political adviser Karl Rove (see 11:00 a.m. July 11, 2003), though he does not cite Rove as his source in his article. Cooper writes, “These officials have suggested that she was involved in her husband’s being dispatched [to] Niger” (see February 19, 2002). Wilson, according to Cooper, angrily disputes the contention that his wife sent him to Niger, saying: “That is bullsh_t. That is absolutely not the case. I met with between six and eight analysts and operators from CIA and elsewhere [before the February 2002 trip]. None of the people in that meeting did I know, and they took the decision to send me. This is a smear job.”
Wilson Sent Due to Cheney's Pressure? - A source whom Cooper identifies as “close to the matter” confirms that Wilson was sent to Niger after Vice President Dick Cheney pressured the CIA to find out about the Iraq-Niger allegations (see Shortly after February 12, 2002), though both Tenet and Cheney’s office deny doing so (see (February 13, 2002)). Cooper quotes Cheney’s chief of staff, Lewis Libby, as saying: “The vice president heard about the possibility of Iraq trying to acquire uranium from Niger in February 2002. As part of his regular intelligence briefing, the vice president asked a question about the implication of the report. During the course of a year, the vice president asked many such questions and the agency responded within a day or two saying that they had reporting suggesting the possibility of such a transaction. But the agency noted that the reporting lacked detail. The agency pointed out that Iraq already had 500 tons of uranium, portions of which came from Niger, according to the International Atomic Energy Administration (IAEA—see 1979-1982). The vice president was unaware of the trip by Ambassador Wilson and didn’t know about it until this year when it became public in the last month or so.” Other administration officials, including National Security Adviser Condoleezza Rice, claim they, too, heard nothing of Wilson’s report until recently. [Time, 7/17/2003]
Cooper to Testify about Sources - Cooper will eventually testify about his contacts with Rove and Libby during the investigation of the Plame Wilson identity leak (see May 21, 2004, August 24, 2004, July 6, 2005, and July 13, 2005).

Entity Tags: Valerie Plame Wilson, Joseph C. Wilson, George J. Tenet, Bush administration (43), Ari Fleischer, Karl C. Rove, Lewis (“Scooter”) Libby, Matthew Cooper, Richard (“Dick”) Cheney, Time magazine

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Cheney’s original ‘meat grinder’ note.Cheney’s original ‘meat grinder’ note. [Source: Office of the Vice President / FireDogLake]Vice President Dick Cheney writes a note, later dubbed the “meat grinder” note, saying that the Bush administration should tell reporters that his chief of staff, Lewis Libby, should be issued a denial of involvement in the Plame Wilson leak, just as White House political strategist Karl Rove has received (see September 29, 2003). The note reads: “Has to happen today. Call out to key press saying same thing about Scooter as Karl. Not going to protect one staffer & sacrifice the guy the Pres [the words “the Pres” are scratched out] that was asked to stick his neck in the meat grinder because of the incompetence of others—” The rest of the note contains talking points for the denial. It is unclear if the note is for Cheney’s own reference or intended for someone else [Office of the Vice President, 10/4/2003; Marcy Wheeler, 6/9/2008] , though Cheney has received a request from Libby that he be publicly exonerated (see Before October 4, 2003). The same day, White House chief of staff Andrew Card asks press secretary Scott McClellan to issue a denial on behalf of Libby (see October 4, 2003). McClellan complies (see October 4, 2003).

Entity Tags: Lewis (“Scooter”) Libby, Andrew Card, Karl C. Rove, Richard (“Dick”) Cheney, Scott McClellan

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

Judith Miller speaks to reporters outside the courtroom.Judith Miller speaks to reporters outside the courtroom. [Source: Luke Frazza / Agence France-Presse / Getty Images]New York Times reporter Judith Miller, who yesterday was released from jail after agreeing to testify before the grand jury investigating the Valerie Plame Wilson identity leak (see September 29, 2005), testifies before that jury. [Washington Post, 7/3/2007] In some respects Miller’s testimony is less than enlightening. She admits that Lewis Libby was the source that she was protecting (see September 15, 2005), but says that she doesn’t believe Libby told her Plame Wilson’s name. In the same notebook Miller used to take notes from her conversations with Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003), Miller wrote “Valerie Flame,” an apparent misspelling. Asked why that name appears in the notebook alongside the notes from her conversations with Libby, Miller equivocates, saying she doesn’t believe she heard the name from Libby. She will later write of her testimony, “I said I believed the information came from another source, whom I could not recall.” As a side note, the Times only now reveals Libby as Miller’s source, though other news outlets have already identified Libby. [New York Times, 10/16/2005] Miller testifies that she does not recall her first meeting with Libby, which took place June 23. She will change her testimony (see October 7, 2005 and October 12, 2005) after prosecutor Patrick Fitzgerald shows her Secret Service logs showing that she had met with Libby in the Executive Office Building. [National Journal, 10/20/2005] This memory lapse is consistent with theories that Miller may be attempting to protect Libby by failing to testify about that first meeting, where Libby informed Miller that Plame Wilson was a CIA official working in the Weapons, Intelligence, Non-Proliferation, and Arms Control office (see September 29-30, 2005). Miller also testifies that Libby saw the media’s reporting of the Iraq-Niger story as the product of “selective leaking” by the CIA. The purpose of the CIA leaks, Miller says Libby believed, was to protect the agency if no WMD were found in Iraq. [Roberts, 2008, pp. 151]

Entity Tags: Valerie Plame Wilson, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Judith Miller, New York Times

Timeline Tags: Niger Uranium and Plame Outing

New York Times reporter Judith Miller testifies for a second time to the grand jury investigating the Plame Wilson identity leak. In light of this and her earlier testimony (see September 30, 2005), federal judge Thomas Hogan lifts the contempt order he had previously issued (see October 7, 2004). Miller testifies about her notes on her discussions with Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney (October 7, 2005). She testifies that she most likely met with Libby on June 23, 2003 (see June 23, 2003) only after prosecutors show her Secret Service logs that indicate she met with him in the Executive Office Building. She had failed to testify about that meeting in her previous testimony, and, when pressed by prosecutors, insisted that she could not remember that specific meeting. Miller’s lawyer, Robert Bennett, tells a reporter that today’s testimony “corrected” her earlier statements to the grand jury regarding the June 23 meeting. He adds, “We went back on the second occasion to provide those additional notes that were found, and correct the grand jury testimony reflecting on the June 23 meeting,” and says Miller’s testimony is now “correct, complete, and accurate.” Miller testifies today, as she did on September 30, that Libby disclosed Valerie Plame Wilson’s CIA status to her during discussions they had in June and July 2003, contradicting Libby’s own statements (see March 5, 2004 and March 24, 2004). Times editor Bill Keller says that the Times will “write the most thorough story we can of her entanglement with the White House leak investigation.” [New York Times, 10/12/2005; National Journal, 10/20/2005]

Entity Tags: Lewis (“Scooter”) Libby, Bill Keller, Judith Miller, Thomas Hogan, Robert T. Bennett, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Conservative columnist Byron York writes that in his view, one of the overarching conflicts between Patrick Fitzgerald’s prosecution team and the defense team of Lewis Libby is that of the “size” of the case. Fitzgerald wants to focus on the “little case,” the narrow parameters of the perjury charges Libby faces: namely, did Libby lie under oath when he told Fitzgerald’s grand jury that he learned of Valerie Plame Wilson’s CIA identity from NBC reporter Tim Russert (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, Late Afternoon, July 12, 2003, and July 10 or 11, 2003)? Fitzgerald, York writes, has abandoned his pursuit of the larger case—who leaked Plame Wilson’s identity, why was it leaked, and did it violate the Intelligence Identities Protection Act, the Espionage Act, or some other law? York writes: “He has learned about the Big Case as much as one man with subpoena power, no supervision, unlimited funds, and no hesitation to threaten reporters with jail can learn. He just doesn’t want to talk about it.” On the other hand, Libby’s team wants to focus on the larger case. Was Libby merely following orders from senior Bush administration officials who felt “under attack” by Plame Wilson’s husband, war critic Joseph Wilson, and others? York writes: “Libby might have simply forgotten some of the details, and because of that testified incorrectly, his lawyers contend, because he was focusing on the big picture. If Libby’s defense team had its way, the whole thing—the Big Case—would be re-fought in the courtroom.” Judge Reggie Walton is trying to balance the two interests, York observes, and finding it understandably difficult to do so. [National Review, 5/10/2006]

Entity Tags: Joseph C. Wilson, Bush administration (43), Byron York, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Valerie Plame Wilson, Reggie B. Walton, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

Theodore Wells, the lead lawyer for the Lewis Libby defense team, makes his opening statement to the jury in the Libby perjury and obstruction trial (see January 16-23, 2007), and proclaims Libby’s innocence of all charges. While Libby may have misspoken to the FBI (see October 14, 2003 and November 26, 2003) and the Plame Wilson grand jury (see March 5, 2004 and March 24, 2004) about his involvement in leaking Valerie Plame Wilson’s CIA status to reporters, he never lied to either one, Wells says, because there was never any intent to lie. He was not trying to cover anything up, Wells asserts, because he did nothing illegal or questionable. “This is a case about memory, about recollection, and about words,” Wells says. Wells surprises observers by claiming Libby was made a scapegoat by the White House in order to protect President Bush’s chief political strategist Karl Rove. Rove has admitted to being a source of the original leak (see October 15, 2004, February 2004, and October 14, 2005). Wells tells the jury that Libby believes his former colleagues in the Bush administration tried to “set him up” to “take a fall” in the investigation of the Plame Wilson identity leak. According to Wells, Libby said to his then-boss, Vice President Dick Cheney: “They’re trying to set me up. They want me to be the sacrificial lamb.” Libby, according to Wells, believed he was being sacrificed to protect Rove. Wells says that Libby told Cheney, “I will not be sacrificed so Karl Rove can be protected.” Wells tells the jury: “Mr. Libby was not concerned about losing his job in the Bush administration. He was concerned about being set up, he was concerned about being made the scapegoat.… People in the White House are trying to protect Karl Rove.” Libby was considered “just a staffer,” while Rove “was viewed as a political genius… the lifeblood of the Republican Party.” [Pensito Review, 1/23/2007; Marcy Wheeler, 1/23/2007; CBS News, 1/25/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] Plame Wilson will observe, “The tactic went against the conventional wisdom that Libby would play the good soldier, say nothing of value, and receive a presidential pardon if convicted.” [Wilson, 2007, pp. 282-284] In a PowerPoint presentation, Wells presents the jury with the following bullet points about Libby:
bullet He gave his best good faith recollection;
bullet Any misstatements by him were innocent mistakes;
bullet He had no knowledge that Plame Wilson’s job status was classified;
bullet He did not push reporters to write about Plame Wilson;
bullet He did not leak to Robert Novak: Richard Armitage did;
bullet He is innocent and had no motive to lie.
Wells then engages the jury in a long explanation of Libby’s responsibilities, emphasizing his role in the administration’s efforts in the war on terror. [Marcy Wheeler, 1/23/2007] After a break for lunch, Wells resumes going through his version of events. He introduces a key element of the “memory defense” (see January 31, 2006), that Libby knew of Plame Wilson’s CIA status in July 2003 when he leaked her identity to reporters, but forgot that he knew it in October, when he denied knowing of her classified or covert status to the FBI and the grand jury. Wells equates Libby’s alleged memory difficulties with “similar” memory difficulties by the reporters involved in the leak to be examined during the trial. [Marcy Wheeler, 1/23/2007]

Entity Tags: Valerie Plame Wilson, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Theodore Wells, Karl C. Rove, Bush administration (43)

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

After days of back-and-forth indications (see January 16-23, 2007 and February 12, 2007), the defense lawyers for Lewis Libby announce that neither their client nor Vice President Dick Cheney, Libby’s former boss, will testify in Libby’s defense. Judge Reggie Walton asks Libby to confirm that he is giving up his right to speak in his own defense, prompting the only words he speaks in court: “Yes, sir.” [New York Times, 2/13/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] Libby’s lawyers had previously announced that both Cheney and Libby would testify at the trial (see June 22, 2006 and December 19, 2006). The lawyers intend to question three CIA briefers, presumably those who briefed Cheney and Libby, before the court, but the prosecution argues that the CIA briefers should not be allowed to testify if Libby himself refuses to testify. Prosecutor Patrick Fitzgerald calls the defense tactic of promising Libby’s testimony, and then inserting other witnesses such as Cheney’s national security adviser, John Hannah (see February 13, 2007), and the CIA briefers in lieu of Libby’s testimony, a “bait and switch.” After exhaustive wrangling in front of the bench, Walton agrees, and the briefers do not testify. [New York Times, 2/13/2007; Marcy Wheeler, 2/13/2007; Marcy Wheeler, 2/14/2007; Marcy Wheeler, 2/14/2007; Marcy Wheeler, 2/14/2007; MSNBC, 2/21/2007; BBC, 7/3/2007]

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

Timeline Tags: Niger Uranium and Plame Outing

Peter Zeidenberg (left) and Patrick Fitzgerald outside the courthouse during the Libby trial.Peter Zeidenberg (left) and Patrick Fitzgerald outside the courthouse during the Libby trial. [Source: Reuters / Jonathan Ernst]After some final sparring between opposing counsel, the prosecution makes its closing argument in the Lewis Libby perjury and obstruction trial. Assistant prosecutor Peter Zeidenberg opens with a lengthy presentation summing up the prosecution’s case against Libby. [Marcy Wheeler, 2/20/2007; MSNBC, 2/21/2007]
Evidence Proves Libby Lied to FBI, Grand Jury - According to Zeidenberg, the evidence as presented shows that Libby lied to both the FBI (see October 14, 2003 and November 26, 2003) and the grand jury empaneled to investigate the Plame Wilson identity leak (see March 5, 2004 and March 24, 2004). He lied about how he learned about Valerie Plame Wilson’s CIA identity, who he spoke to about it, and what he said when he talked to others about Plame Wilson. A number of witnesses, including NBC reporter Tim Russert (see February 7-8, 2007), testified about Libby’s discussions to them about Plame Wilson’s identity. Libby forgot nine separate conversations over a four-week period, Zeidenberg says, and invented two conversations that never happened, one with Russert and one with Time magazine reporter Matthew Cooper. “That’s not a matter of forgetting or misremembering,” he says, “it’s lying.”
No Evidence of White House 'Scapegoating' - The defense argued in its opening statement that Libby was being “scapegoated” by the White House to protect the president’s deputy chief of staff, Karl Rove (see January 23, 2007). No witness, either for the prosecution or the defense, referenced any such effort to scapegoat Libby. The defense may have promised evidence showing such a conspiracy to frame Libby, but, Zeidenberg says, “unfulfilled promises from counsel do not constitute evidence.”
Libby Learned of Plame Wilson's Identity from Five Administration Officials in Three Days - Zeidenberg then walks the jury through the testimony as given by prosecution witnesses. Both former State Department official Marc Grossman (see January 23-24, 2007) and former CIA official Robert Grenier testified (see January 24, 2007) that Libby had badgered Grossman for information about former ambassador and administration critic Joseph Wilson (see May 29, 2003), and Grossman not only told Libby about Wilson and his CIA-sponsored trip to Niger, but that Wilson’s wife was a CIA official (see June 10, 2003 and 12:00 p.m. June 11, 2003). Zeidenberg notes, “When Grossman told this to Libby, it was the fourth time, in two days, that Libby had been told about Wilson’s wife.” Libby had learned from Vice President Cheney that Wilson’s wife was a CIA official (see (June 12, 2003)). Two hours after Libby’s meeting with Grossman, Grenier told the jury that Libby had pulled him out of a meeting to discuss Wilson (see 2:00 p.m. June 11, 2003). During that impromptu discussion, Grenier told Libby that Wilson’s wife was a CIA official. Libby then learned of Plame Wilson’s CIA status from Cathie Martin, Cheney’s communications aide (see 5:25 p.m. June 10, 2003 and 5:27 p.m. June 11, 2003). Martin, who testified for the prosecution (see January 25-29, 2007), learned of Plame Wilson’s CIA status from CIA press official Bill Harlow. Zeidenberg ticks off the officials who informed Libby of Plame Wilson’s CIA status: Cheney, Grenier, Martin, and Grossman. (Zeidenberg is as yet unaware that Libby had also heard from another State Department official, Frederick Fleitz, of Plame Wilson’s CIA status—see (June 11, 2003)). On June 14, Libby heard about Plame Wilson from another CIA official, briefer Craig Schmall (see 7:00 a.m. June 14, 2003), who has also testified for the prosecution (see January 24-25, 2007). Schmall’s testimony corroborates the testimony from Martin, Grossman, and Grenier, Zeidenberg asserts.
Leaking Information to Judith Miller - On June 23, just over a week after learning Plame Wilson was a CIA official, Libby informed then-New York Times reporter Judith Miller of Plame Wilson’s CIA status (see June 23, 2003). Why? Zeidenberg asks. Because Libby wanted to discredit the CIA over what Libby saw as the agency’s failure to back the administration’s claims about Iraqi WMDs. Miller is the sixth person, Zeidenberg says, that Libby talked to about Plame Wilson. Miller also testified for the prosecution (see January 30-31, 2007).
Told Press Secretary - On July 7, Libby told White House press secretary Ari Fleischer about Plame Wilson (see 12:00 p.m. July 7, 2003). Fleischer, under a grant of immunity from the prosecution, also testified (see January 29, 2007). By that point, Wilson had published his op-ed in the New York Times (see July 6, 2003), a column the administration considered to be highly damaging towards its credibility. Libby told Fleischer that the information about Plame Wilson was to be kept “hush hush.” However, Zeidenberg says, it is likely that Libby intended Fleischer to spread the information about Plame Wilson to other reporters, which in fact he did (see 8:00 a.m. July 11, 2003). Fleischer is the seventh person that evidence shows Libby spoke to concerning Plame Wilson.
Conferring with Cheney's Chief Counsel - The eighth person in this list is David Addington. At the time, Addington was Cheney’s chief counsel; after Libby stepped down over being indicted for perjury and obstruction (see October 28, 2005), Addington replaced him as Cheney’s chief of staff. Addington also testified for the prosecution (see January 30, 2007). Libby asked Addington if the president could legally declassify information at will, referring to the October 2002 National Intelligence Estimate on Iraq (NIE—see October 1, 2002). Libby planned on leaking NIE material to Miller on July 8 (see 8:30 a.m. July 8, 2003).
Leaking Classified Material to Miller - As stated, Libby indeed leaked classified material to Miller, during their meeting at the St. Regis Hotel. The “declassification” was highly unusual; only Cheney, Libby, and President Bush knew of the declassification. Libby again told Miller of Plame Wilson’s CIA status, and this time told her, incorrectly, that Plame Wilson worked in the WINPAC (Weapons Intelligence, Nonproliferation, and Arms Control) section of the agency. Cheney and Libby chose Miller, of all the reporters in the field, to leak the information to, Zeidenberg says; in her turn, Miller went to jail for almost three months rather than testify against Libby (see October 7, 2004). That fact damages her credibility as a prosecution witness.
The Russert Claim - Zeidenberg then turns to NBC’s Russert, who also testified for the prosecution (see February 7-8, 2007). Zeidenberg notes that after lead defense attorney Theodore Wells initially asserted that neither Russert nor any other reporter testifying for the prosecution was lying under oath, Wells and other defense attorneys cross-examined Russert for over five hours trying to prove that he indeed did lie. Libby claimed repeatedly to the grand jury that Russert told him of Plame Wilson’s CIA identity (see July 10 or 11, 2003), an assertion Russert has repeatedly denied. Zeidenberg plays an audiotape of Libby’s grand jury testimony featuring Libby’s assertion. Libby, Zeidenberg states, lied to the grand jury. Russert never made any such statement to Libby. [Marcy Wheeler, 2/20/2007] The defense tried to assert that Russert lied about his conversation with Libby because of some “bad blood” between the two. However, “evidence of [such a] feud is completely absent from the trial.” And if such a feud existed, why would Libby have chosen Russert to lie about before the jury? Such an assertion is merely a desperate attempt to discredit Russert, Zeidenberg says.
Matthew Cooper - Zeidenberg then turns to former Time reporter Matthew Cooper, another recipient of a Libby leak about Plame Wilson (see 2:24 p.m. July 12, 2003). Cooper also testified for the prosecution (see January 31, 2007). When Libby told the grand jury that Cooper asked him about Plame Wilson being a CIA official, and Libby said he responded, “I don’t know if it’s true,” Libby lied to the jury. Zeidenberg plays the audiotape of Libby making the Cooper claim. Had Libby made such a statement, Cooper could not have used it as confirmation of his own reporting. Cooper did indeed use Libby as a source for a Time article (see July 17, 2003). Cooper’s testimony is corroborated by Martin’s recollection of the Libby-Cooper conversation. Zeidenberg says: “Martin was present. She never heard any of what you heard Libby just hear it. She never heard, ‘I don’t know if it’s true.’ If she had heard it, she would have said something, because she knew it was true.”
FBI Agent Bond's Testimony - Zeidenberg briefly references testimony from FBI agent Deborah Bond (see February 1-5, 2007), who told the court that Libby may have discussed leaking Plame Wilson’s identity to the press. Bond’s testimony corroborates the prosecution’s assertion that Libby attempted to obscure where he learned of Plame Wilson’s identity.
Grounds for Conviction - Zeidenberg reminds the jury of the three separate instances the prosecution says are Libby lies, then tells them if they find any one of the three statements to be actual lies, they can convict Libby of perjury. “You don’t have to find that all three were false beyond reasonable doubt,” he says. “You have to unanimously agree on any one.” Of the two false statements Libby is charged with making to investigators, the jury need only find one of them is truly false.
Defense Assertions - Zeidenberg turns to Libby’s main defense, that he was so overwhelmed with important work as Cheney’s chief of staff that it is unreasonable to expect him to remember the details that he is accused of lying about (see January 31, 2006). Zeidenberg says the trial has elicited numerous instances of conversations Libby had, for example his conversation with Rove about Robert Novak (see July 8 or 9, 2003), that he remembered perfectly well. Zeidenberg then plays the relevant audiotape from the grand jury proceedings. Why is it, he asks, that Libby can remember that conversation so well, but consistently misremembered nine separate conversations he had about Plame Wilson? “When you consider Libby’s testimony, there’s a pattern of always forgetting about Wilson’s wife,” Zeidenberg says. Libby remembered details about Fleischer being a Miami Dolphins fan, but didn’t remember talking about Plame Wilson. He remembered talking about the NIE with Miller, but not Plame Wilson. He remembered talking about declassification with Addington, but not Wilson’s wife. Zeidenberg calls it a “convenient pattern,” augmented by Libby’s specific recollections about not discussing other issues, such as Cheney’s handwritten notes about Wilson’s op-ed (see July 7, 2003 or Shortly After). The defense also claims that Libby confused Russert with Novak; Zeidenberg puts up pictures of Russert and Novak side by side, and asks if it is credible to think that Libby made such a mistake. The entire “memory defense,” Zeidenberg says, is “not credible to believe. It’s ludicrous.” Libby was far too involved in the administration’s efforts to discredit Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). [Associated Press, 2/20/2007; Marcy Wheeler, 2/20/2007]
Motive to Lie - Zeidenberg addresses the idea of motive: why would Libby lie to the FBI and the grand jury, and why nine government witnesses would lie to the Libby jury. “Is it conceivable that all nine witnesses would make the same mistake in their memory?” he asks. Not likely. It is far more likely that Libby was motivated to lie because when he testified to FBI investigators, he knew there was an ongoing investigation into the Plame Wilson leak. He knew he had talked to Miller, Cooper, and Fleischer. He knew the FBI was looking for him. He knew from newspaper articles entered into evidence that the leak could have severely damaged Plame Wilson’s informant network and the Brewster Jennings front company (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006). Even Addington’s testimony, about Libby asking him about the legality of leaking classified information, is evidence of Libby’s anxiety over having disclosed such information. And Libby knew that such disclosure is a breach of his security clearance, not only risking his job, but prosecution as well. So when he is questioned by the FBI, he had a choice: tell the truth and take his chances with firing and prosecution for disclosing the identity of a covert agent, or lie about it. “And, ladies and gentlemen,” Zeidenberg says, “he took the second choice. He made up a story that he thought would cover it.” And when caught out, he claimed to have forgotten that he originally knew about Plame Wilson’s identity. Libby, Zeidenberg says, “made a gamble. He lied. Don’t you think the FBI and the grand jury and the American people are entitled to straight answers?” [Marcy Wheeler, 2/20/2007; Murray Waas, 12/23/2008]
No Conspiracy, Just a Lie - Zeidenberg concludes by telling the jury that there was no grand White House conspiracy to scapegoat Libby, nor was there an NBC conspiracy to smear him. The case is just about Libby lying to federal authorities. “When you consider all the evidence, the government has established that the defendant lied to the FBI, lied to the grand jury, and obstructed justice.” [Marcy Wheeler, 2/20/2007]

Entity Tags: Matthew Cooper, Peter Zeidenberg, Theodore Wells, Robert Novak, Valerie Plame Wilson, Tim Russert, Marc Grossman, Robert Grenier, Lewis (“Scooter”) Libby, Frederick Fleitz, Judith Miller, Bush administration (43), Bill Harlow, Ari Fleischer, Catherine (“Cathie”) Martin, Craig Schmall, David S. Addington, Joseph C. Wilson, Federal Bureau of Investigation, Deborah Bond, Karl C. Rove, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Defense lawyer Theodore Wells makes his closing argument to the jury, as Judge Reggie Walton looks on.Defense lawyer Theodore Wells makes his closing argument to the jury, as Judge Reggie Walton looks on. [Source: Art Lien / Court Artist (.com)]Defense lawyer Theodore Wells makes his team’s closing argument in the Lewis Libby perjury and obstruction trial. Wells is following a two-hour closing argument by assistant prosecutor Peter Zeidenberg (see 9:00 a.m. February 20, 2007). [Marcy Wheeler, 2/20/2007; MSNBC, 2/21/2007]
Indignation - Wells begins by saying he finds Zeidenberg’s arguments so incredible, he thinks he might be drunk. “[I]t sure sounded like I said a lot of things I could not deliver on,” he says. Court observer Marcy Wheeler, notating the arguments for the progressive blog FireDogLake, writes that while Zeidenberg came across as dispassionate and methodical, Wells’s tone is indignant and charged with emotion. In her book Fair Game, former CIA official Valerie Plame Wilson later describes Wells’s demeanor as “over the top, emotional… stalking the courtroom and changing the pitch and cadence of his voice like a seasoned Baptist preacher.” Wells says he will refrain from besmirching Zeidenberg’s character over some of the claims made in his argument, “because I don’t want to be personal.” Wells says that in the grand jury proceedings where Libby allegedly lied under oath (see March 5, 2004 and March 24, 2004), lawyers asked “the same question time after time after time,” causing Libby to stumble and misstate himself. [Wilson, 2007, pp. 293; Marcy Wheeler, 2/20/2007]
Revives Claim of Libby Being 'Scapegoated' - Wells denies claiming the existence of a White House conspiracy to “scapegoat” Libby in his opening statement (see January 23, 2007), saying he instead merely put into evidence the so-called “meat grinder” note from Vice President Dick Cheney that asserted it would be unfair to protect White House official Karl Rove and sacrifice Libby (see October 4, 2003). (Wells is misstating the contents of the note; it does not mention Rove at all.) Instead of lying, Wells says, Libby was “fight[ing] to get clear,” fighting to save his credibility after White House officials “blew him off.”
'He Said, She Said' - Wells asserts Libby’s complete innocence of all the charges brought against him, and says the entire body of evidence amounts to nothing more than a case of “he said, she said,” indicating that witnesses contradicted and disputed one another. Libby’s recollections, Wells says, are different from those of the reporters who testified for the prosecution. None of the charges pertain to Libby’s conversations with the White House officials who testified for the prosecution. The question hinges on whether Libby lied about his conversations with reporters Judith Miller, Matthew Cooper, and Robert Novak. One of the charges, hinging on Libby’s statements about his conversation with Miller, is no longer in contention. Of the conversation with Cooper (see 2:24 p.m. July 12, 2003), Wells says Libby was truthful when he told Cooper he “didn’t know” whether Plame Wilson was a CIA official or not. The evidence supports Libby’s position, Wells says.
Tim Russert - Wells turns to NBC reporter Tim Russert, whom Libby claimed told him about Plame Wilson being a CIA official (see July 10 or 11, 2003). Russert either lied under oath, Wells says, or had a major memory lapse. Because of what Wells calls Russert’s contradictory testimony, that “in and of itself is reasonable doubt,” and grounds for acquittal. The prosecution is flatly wrong in its timeline of events. It is almost certain Russert read Robert Novak’s column naming Plame Wilson as a CIA official on July 11, 2003, after it was issued on the Associated Press wire (see July 11, 2003), and informed Libby of that fact during their conversation shortly thereafter. Perhaps Russert merely misremembered the dates or the events of his discussion with Libby, Wells says, but his testimony was wrong. “You cannot convict Mr. Libby solely on the word of this man,” he says. “It would just be fundamentally unfair.” [Marcy Wheeler, 2/20/2007; Associated Press, 2/20/2007]
Presumed Innocent - Wells admonishes the jury not to forget that Libby is presumed innocent until proven guilty beyond a reasonable doubt. Libby didn’t testify (see February 13-14, 2007) because the defense is not required to prove the innocence of the accused. The only question, Wells states, is whether Libby is guilty beyond a reasonable doubt. Did the government prove that guilt beyond a reasonable doubt? Wells says no. He then ticks off the five counts of criminal behavior that Libby is charged with, and links each one of them to either Russert, Cooper, or both. In the instances of both reporters, Wells says, there is doubt as to their recollections and therefore doubt as to whether Libby lied about his conversations with them. Wells calls it “madness… that someone would get charged with this.” If Libby misstated himself, Wells says, he did so with good intentions, with a good-faith effort to tell the truth. There was no “deliberate, purposeful intent to lie.” Wells walks the jury through his version of events, which he says proves Libby told the truth to the best of his ability throughout. [Marcy Wheeler, 2/20/2007]
Jeffress - William Jeffress, another defense attorney, takes up the defense’s closing argument after lunch. Wheeler writes that his demeanor is far calmer and reasonable than Wells’s emotional presentation. Jeffress says that common sense alone should lead the jury to find that Libby either told the truth as he understood it or merely misremembered as an honest mistake. The case, he says, is about memory first and foremost. Libby may have misremembered, Jeffress says. The reporters who testified may have misremembered. It is plausible to think that Libby learned of Plame Wilson’s CIA status in June 2003, told some government officials, then in the crush of events, forgot about it until July, when he learned it again from Russert. Jeffress walks the jury through a timeline of how reporters learned of Plame Wilson’s identity from various government officials other than Libby, and says some of them, particularly former press secretary Ari Fleischer, may well have lied under oath to cover themselves (see January 29, 2007). Jeffress plays selections from Libby’s grand jury testimony to bolster his arguments about the various reporters learning of Plame Wilson’s identity from other officials.
Motive to Lie? - Libby had no motive to lie, Jeffress asserts. He was never charged with violating the statutes covering the exposure of a covert intelligence agent (see May 10, 2006). No one has testified that they knew without a doubt that Plame Wilson was covert, though the prosecution implied it more than once. If newspaper articles claimed that Plame Wilson was covert, those articles cannot be taken as factual; many articles and op-eds asserted that Plame Wilson was never covert. “It remains far from clear that a law was violated.” And Libby had no way to know that Plame Wilson was herself covert. No one, not Libby or any other government official who exposed Plame Wilson’s identity, lost their job over exposing her CIA status.
Judith Miller - Jeffress again turns to the issue of reporters’ credibility, beginning with Miller. Her testimony (see January 30-31, 2007) was, he says, marred with mistakes and failures of memory, even going so far as testifying, when she spoke to the grand jury, that she had not learned of Plame Wilson’s CIA status from Libby (see September 30, 2005), and then reversing that claim in subsequent testimony (see October 12, 2005). “Pretty amazing, a person testifying about this after not remembering for two years,” Jeffress observes. As Libby kept no notes of his conversations with Miller, he has only his word to refute her claims. Miller, Jeffress says, is an unreliable witness.
Matthew Cooper - Jeffress, who is running out of time for his portion of the close, turns to Cooper. The difference between Libby’s recollection of events and Cooper’s is, Jeffress asserts, the difference that the government wants the jury to convict on three separate charges. Yet Cooper never wrote about Plame Wilson until after her status was made public. Libby did not serve as a source for his reporting (see July 17, 2003). And as with Miller, Cooper’s testimony proved his failure to keep accurate notes (see January 31, 2007).
Cathie Martin - Jeffress moves quickly to address the testimony of Cathie Martin, then a communications aide to Cheney (see January 25-29, 2007). Martin testified that Libby’s version of his telephone conversation with Cooper was incorrect, and as she was there for the conversation, her testimony is accurate. However, Martin misremembered the number of calls made (two, not one) and did not hear Libby’s side of the conversation accurately. She had no way to know what Cooper was saying on the other end.
Jeffress Concludes - Jeffress concludes by telling the jurors that they are the first people to examine the case “through the lens of a presumption of innocence.” The prosecution, he says, has not proven the charges beyond a reasonable doubt. “It’s not even close.” [Marcy Wheeler, 2/20/2007]
Wells Continues - Theodore Wells once again addresses the jury. He has less than an hour to finish. He refers back to the “meat grinder” note from Cheney that proves, Wells says, Libby did not leak classified information (see June 27, 2003, July 2, 2003, 7:35 a.m. July 8, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, and Late Afternoon, July 12, 2003). Wells also revisits his claim that Libby was “left out to dry” by other White House officials. He disputes the timeline of events from the prosecution, again attacks the credibility of prosecution witnesses such as Russert and Fleischer, and calls the prosecution’s evidence “circumstantial” and unconvincing. He even disputes that Libby was involved in any effort to discredit Joseph Wilson, or that there even was an effort among White House officials to do so. As he reaches the end of his time, Wells’s demeanor once again begins to exhibit agitation and indignation, and he calls the idea that Libby, whom he says devoted himself to serving the Bush administration, committed a crime in that service “outrageous.” He revisits the contention that Libby’s memory was faulty and failed him at inopportune times, calls the courtroom a “laboratory of recollection,” and asks the jurors if they can emphathize with Libby’s forgetfulness. He reminds the jury of former Cheney aide John Hannah’s claims to that effect, and his testimony to Libby’s stressful job (see February 13, 2007). Libby, Wells says, deserves the “benefit of the doubt.” Wells admits that Libby “made mistakes” in his grand jury testimony, but those mistakes were honest “misrecollect[ions].” During his final minutes, Wells becomes emotional, breaking into tears and imploring the jurors not to sacrifice Libby because they might disapprove of the Bush administration or the war in Iraq. “This is a man with a wife and two children,” he says. “He is a good person. He’s been under my protection for the past month. I give him to you. Give him back! Give him back to me!” Wells sits down, sobbing. [Marcy Wheeler, 2/20/2007; Associated Press, 2/20/2007; Washington Post, 2/21/2007; New York Sun, 2/21/2007]

Entity Tags: Lewis (“Scooter”) Libby, Ari Fleischer, Marcy Wheeler, Catherine (“Cathie”) Martin, Judith Miller, John Hannah, William Jeffress, Karl C. Rove, Tim Russert, Matthew Cooper, Richard (“Dick”) Cheney, Robert Novak, Theodore Wells, Peter Zeidenberg, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Lead prosecutor Patrick Fitzgerald delivers the rebuttal to the defense’s closing argument (see 11:00 a.m. February 20, 2007) in the final stage of the Lewis Libby perjury trial. Fitzgerald is transformed in his rebuttal, from the dispassionate, methodical presence he has displayed throughout the trial into a figure of outrage and scorn. He virtually leaps from his seat to rebut the defense’s argument, shouting: “Madness! Madness! Outrageous!” Tightening up somewhat, he tells the jury that in the defense’s characterization, “The government has brought a case about two witnesses, two phone calls. And they just want you to speculate. The defense wishes that were so. Saying it loudly, pounding the table, doesn’t change the facts. Let’s talk about the facts. Let’s get busy.” [Marcy Wheeler, 2/20/2007; Salon, 2/22/2007] Progressive blogger Jane Hamsher, who is present in the courtroom, describes Fitzgerald’s rebuttal as “lacerating and precise, speaking so quickly that the court reporter couldn’t catch up. His command of the material was a bit daunting, able to recall voluminous evidentiary document numbers simply by looking at some chart in his own brain.” [Wilson, 2007, pp. 293; Marcy Wheeler, 2/20/2007]
Nine Versus One - The case is anything but a “he said, she said” situation, as defense attorney Theodore Wells characterized it during his portion of the closing argument. It is, Fitzgerald says, about nine different people having one version of events, and Libby alone with a markedly different version. Fitzgerald focuses on NBC reporter Tim Russert, whom the defense spent a lavish amount of time and attention attempting to discredit. Instead of Russert being such an impeachable witness, Fitzgerald says, “I’ll tell you that Russert alone can give you proof beyond reasonable doubt.” And even without Russert’s testimony, there is plenty of evidence to convict Libby of perjury and obstruction. Fitzgerald refutes Wells’s contention that all of the prosecution witnesses had faulty memories, telling the jury: “I submit you can’t believe that nine witnesses remembered 10 conversations exactly the same wrong way.… It’s not one on one. It’s not, ‘He said, she said.’ Nine witnesses can’t all misremember.” He addresses the defense’s contention that Valerie Plame Wilson was not important, calling that characterization a “myth” and stating that to the Bush administration, “she wasn’t a person, she was an argument, she was a fact to use against [her husband Joseph] Wilson.” Fitzgerald quickly runs through the prosecution’s structure of events as laid down by its current and former administration witnesses and even some defense witnesses. The documents entered into evidence corroborate the prosecution’s contention that to Libby and his boss Vice President Dick Cheney, both Wilson and Plame Wilson were “hugely important.” Libby was “wrapped around the issue of who told him. He’s wrapped himself around the issue of Valerie Wilson.” [Marcy Wheeler, 2/20/2007]
'Cloud over the Vice President' - Fitzgerald focuses on Cheney, saying: “There is a cloud over the vice president. He wrote on those columns. He had those meetings. He sent Libby off to the meeting with Judith Miller where Plame was discussed. That cloud remains because the defendant obstructed justice. That cloud is there. That cloud is something that we just can’t pretend isn’t there.” Libby was “not supposed to be talking to other people,” Fitzgerald says. “The only person he told is the vice president.… Think about that.” [Marcy Wheeler, 2/20/2007; Salon, 2/22/2007; Murray Waas, 12/23/2008] Plame Wilson will later write, “He suggested that [Cheney] was, at a minimum, complicit with Libby in the leak of my name.” [Wilson, 2007, pp. 293]
Defense Objection - Fitzgerald lists example after example of Libby’s memory being far better than the defense describes. In the process, he tells the jury that Libby must have known Plame Wilson’s role at the CIA was important, and therefore something he was unlikely to forget, because he was “discussing something with people that could lead to people being killed.… If someone is outed, people can get in trouble overseas. They can get arrested, tortured, or killed.” Fitzgerald’s implication is clear: Plame Wilson was a covert agent. The defense objects, citing Judge Reggie Walton’s ruling that neither the prosecution nor defense will refer to Plame Wilson’s covert status. Fitzgerald tells the jurors they should think about the “people being killed” scenario to understand Libby’s “state of mind,” but they should not draw any conclusions about “whether it’s true or false.” [Marcy Wheeler, 2/20/2007; National Review, 2/21/2007; New York Sun, 2/21/2007]
No Conspiracy, Just Lies - The things Libby remembered best were the things we all remember best, Fitzgerald says: items that are unique, items that are important, and items that make you angry. The Plame Wilson identity issue, he says, was all three to Libby. His memory did not let him down. Instead, Fitzgerald says, Libby lied under oath. “He made his bet, planted his feet, and stuck. From then on he told the same story.” There is no conspiracy to scapegoat Libby, he reiterates (see January 23, 2007). There is just Libby, lying to protect his job and his freedom from imprisonment. “You know you’re not surprised on Thursday, if you gave it out Monday and Tuesday, you weren’t surprised.”
Conclusion - “Don’t you think the American people are entitled to answers?” Fitzgerald asks. “Don’t you think the FBI deserves straight answers?… He threw sand in the eyes of the FBI. He stole the truth of the judicial system. You return a verdict of guilty and you give the truth back.” [Marcy Wheeler, 2/20/2007]
Judge Instructs Jury on Fitzgerald's Argument - After Fitzgerald concludes, Walton tells the jury: “I’m going to give you another cautionary. The truth of whether someone could be harmed based upon the disclosure of people working in a covert capacity is not at issue in this case. Remember what I have told you several times. Mr. Libby is not charged with leaking classified information.” Walton is referring to Fitzgerald’s implication that Plame Wilson was a covert CIA official. Walton dismisses the jurors for the day, and tells them that tomorrow they begin their deliberations. [Marcy Wheeler, 2/20/2007; National Review, 2/21/2007]

Entity Tags: Joseph C. Wilson, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, Judith Miller, Valerie Plame Wilson, Jane Hamsher, Theodore Wells, Reggie B. Walton, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

Media responses to the closing arguments in the Libby trial (see 9:00 a.m. February 20, 2007, 11:00 a.m. February 20, 2007, and 3:00 p.m. February 20, 2007) are strong and varied.
'Strongest Arguments Yet' of Cheney's Complicity - New York Sun reporter Josh Gerstein writes that prosecutor Patrick Fitzgerald’s “explosive” statements were his “strongest arguments yet” that Vice President Dick Cheney directed former chief of staff Lewis Libby to out CIA official Valerie Plame Wilson. Libby was “not supposed to be talking to other people,” Fitzgerald said. “The only person he told is the vice president.… Think about that.” [New York Sun, 2/21/2007]
Fitzgerald Put 'Vice President on Trial' - Newsweek reporter Michael Isikoff writes, “Fitzgerald pretty much made it clear to the jury that Libby, in the prosecution’s mind, was protecting the vice president of the United States.” Tom DeFrank of the New York Daily News adds: “I think Fitzgerald and his fellow prosecutors put the vice president on trial, even though he was not charged with anything. But he was very much front and center in this trial from start to finish.” [Washington Post, 2/21/2007]
Fitzgerald 'Sinister,' 'Overcaffeinated'; Wells 'Erratic' - Conservative columnist Byron York is somewhat taken aback at Fitzgerald’s focus on Cheney, calling Fitzgerald “quite sinister” in his statements about Cheney’s apparent complicity in the leak. York sums up the two sides’ arguments and presentational styles. He calls both sides “uneven,” and says that defense attorney Theodore Wells’s performance “was erratic, sometimes appearing to defend his own honor more than his client’s, and sometimes brilliantly dismantling the credibility of key prosecution witnesses.” York writes that Fitzgerald “seemed overcaffeinated and overreaching, perhaps overwhelming the jury with the minutiae of the case.” He concludes, “How their closing summations will play with jurors is anybody’s guess.” [National Review, 2/21/2007]
Praise for Wells - The Washington Post’s Linton Weeks is more complimentary of Well’s closing statement. Weeks’s analysis of Wells’s close is similar to the glowing profile published by the New York Times earlier in the trial (see February 10, 2007). He portrays Wells as “tall, athletic, mustachioed—like a fighter imaging the bout to come,” and possessed of “an inner toughness of someone who will use any combination of punches to win big.” He notes that Wells paused during the proceedings to check on his elderly mother, watching her son from a wheelchair in the courtroom aisle. Though Weeks writes that Wells had “moments [that] seemed out of sync,” hurrying through a PowerPoint slide presentation, “[a]t other times, he was impressive, trying to convince the jury that the prosecution was attempting to ruin Libby based on a few conversations with reporters.” Weeks quotes one of Wells’s colleagues, Washington lawyer Stanley Brand, as saying Wells “has a wonderful demeanor… a master tactician… a bulldog, but in a gentle way.” Brand calls Wells “one of the five best trial lawyers in the country.” Weeks then spins an admiring biography of the “tough defense attorney who has mastered the balance between easygoing and hard-charging,” and uses Wells’s high school and college football career upon which to hang his final metaphor: “There in the middle of the courtroom, Wells was playing center again, helping call the plays and protecting the guy with the ball. Laughing in the beginning, crying in the end.” [Washington Post, 2/21/2007]
Sincere and Insincere Emotions - Author Marcy Wheeler, writing for the blog FireDogLake (see February 15, 2007), says that assistant prosecutor Peter Zeidenberg baited Wells into going into a sincere rage at the beginning of his argument. In the first portion of the prosecution’s close, Zeidenberg told the jury that Wells had not proven the White House conspiracy he alleged, and, Wheeler writes, Wells spent the first 20 minutes of his closing argument defending his trial strategy. “This was real rage,” she writes, “but it was rage in the service of Ted Wells, not rage in the service of Scooter Libby.” By goading Wells into losing his composure and defending his own actions, Wheeler writes, Wells was forced to rush his climactic argument. Wheeler says that Wells “really does have a schtick, one that the journalists who have seen him before all recognize. He finishes the rational part of his case. Then he spends the last 20 minutes or so summoning rage for his client. He brings all the emotion summoned for his client to a crescendo. And then he weeps, demonstrating clearly to the jury how deeply he believes that his client has been wronged.” But because Wells wasted the first 20 minutes defending his own actions, he “had no time to get into character, and he went immediately from a rushed but rational argument about memory into his emotional appeal.… [C]ompared to the real rage Wells had shown earlier in the day, it looked fake. Utterly, completely fake. Because Wells reacted to Zeidenberg’s barbs, he showed the jury true emotion that made all his elaborate schtick—the thing that Wells does best, normally—look like an act.” Moreover, Fitzgerald was able to mock the outrage that Wheeler believes to be “schtick” (see 3:00 p.m. February 20, 2007) all the more effectively because he almost never raised his voice or displayed any passion throughout the trial. [Marcy Wheeler, 2/21/2007]
Facts vs. Emotion - Sidney Blumenthal, a former Clinton administration adviser who has written a book critical of the Bush administration, writes that the prosecution depended largely on a structure of facts and evidence, while the defense relied much more on emotional appeals to the jury. He writes, “[T]he final argument on behalf of Scooter Libby was Libby’s last disinformation campaign.” Of the defense’s attacks on the credibility of news reports and the journalists who make them, Blumenthal writes: “This extraordinary defense—that nothing in any newspaper can be considered true—was the reductio ad absurdum of the Bush administration’s use and abuse of the press corps. Having manipulated it to plant stories on weapons of mass destruction to legitimize the Iraq war, Libby, who was centrally involved in those disinformation efforts, was reduced to defending himself on the basis that newspapers cannot be trusted to publish the truth.” Of Fitzgerald’s pronouncement of a “cloud” over Cheney, Blumenthal writes that “Fitzgerald made clear that he believed that Cheney was the one behind the crime for which he was prosecuting Libby. It was Cheney who was the boss, Cheney who gave the orders, and Cheney to whom Libby was the loyal soldier, and it is Cheney for whom Libby is covering up.” [Salon, 2/22/2007]

Entity Tags: Marcy Wheeler, Lewis (“Scooter”) Libby, Linton Weeks, Josh Gerstein, Byron York, Thomas DeFrank, Theodore Wells, Valerie Plame Wilson, Sidney Blumenthal, Reggie B. Walton, Stanley Brand, Michael Isikoff, Richard (“Dick”) Cheney, Patrick J. Fitzgerald, Peter Zeidenberg

Timeline Tags: Niger Uranium and Plame Outing

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