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Context of 'February 1989: North Tried for Crimes Related to Iran-Contra'

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Neoconservative academic Michael Ledeen, who left the Defense Department under suspicion of engaging in espionage on behalf of Israel (see 1983), gains a position at the National Security Council. His boss is Lieutenant Colonel Oliver North (see July 7-10, 1987 and May-June, 1989). According to Iran-Contra investigators, it is Ledeen who suggests to North “that Israeli contacts might be useful in obtaining release of the US hostages in Lebanon” (see November 4, 1979-January 20, 1981). Ledeen is granted high-level security clearance. [CounterPunch, 2/28/2004]

Entity Tags: Michael Ledeen, National Security Council

Timeline Tags: Iran-Contra Affair, Neoconservative Influence

Retired Air Force Major General Richard Secord becomes deeply involved in organizing a covert supply operation for Nicaragua’s Contras under the name “Airlift Project.” Secord later testifies to the Congressional Iran-Contra Committee that the project’s money comes from private donations and friendly foreign governments. [New York Times, 11/19/1987]

Entity Tags: Contras, Joint House-Senate Iran-Contra Committee, Richard Secord

Timeline Tags: Iran-Contra Affair

Oliver North, the National Security Council staffer who handles the Iran-Contra dealings, tells Israeli Defense Ministry officials that he plans to use profits from future arms sales to Iran to fund the Nicaraguan Contras. [New York Times, 11/19/1987] North will not inform his supervisor, National Security Adviser Robert McFarlane, for five more months (see May 29, 1986).

Entity Tags: Oliver North, Robert C. McFarlane

Timeline Tags: Iran-Contra Affair

Lieutenant Colonel Oliver North, the National Security Council staffer who facilitates the secret Iran arms deals, helps divert $12 million in money from those arms sales to the Nicaraguan Contras. The deal is documented in a memorandum located in North’s desk by investigators for Attorney General Edwin Meese (see November 21-25, 1986). Meese will inform President Reagan and top White House officials of the memo, but many of the cabinet members and top officials he will inform already know of the transaction. [United States Court of Appeals for the District of Columbia Circuit, 8/4/1993] National Security Adviser John Poindexter, the recipient of the memo, will later testify that President Reagan never saw the memo. Reagan will deny knowing anything about the diversion of arms profits to the Contras until November 1986 (see November 10, 1986 and After and November 13, 1986). [New York Times, 11/19/1987]

Entity Tags: John Poindexter, Edwin Meese, Contras, Oliver North, Ronald Reagan, Reagan administration

Timeline Tags: Iran-Contra Affair

Attorney General Edwin Meese.Attorney General Edwin Meese. [Source: Doug Mills / Bettman / Corbis]Attorney General Edwin Meese undertakes an internal fact-finding investigation focused on President Reagan’s involvement in the November 1985 sale of Hawk missiles to Iran (see 1985). Meese is apparently not interested in finding facts, because he refuses a request to assist from the FBI, and takes no notes during his interviews of administration officials.
'Shredding Party' - Additionally, during his investigation, National Security Council documents are altered or destroyed, including a presidential finding from December 1985 that retroactively authorized US missile sales to Iran (see November 24-25, 1985 and December 5, 1985); National Security Adviser John Poindexter will later admit to destroying this document. Lieutenant Colonel Oliver North holds what is later called a “shredding party,” destroying thousands of documents that would likely implicate White House officials in a criminal conspiracy to break the law (see November 21-23, 1986). The Iran-Contra investigative committee will later fault Meese for departing from “standard investigative techniques” during his investigation.
Document Linking Iran Arms Sales, Contra Supplies Survives - Meese also finds a potentially explosive document in the desk of North, the National Security Council staffer who managed the Iran arms deals. The document, an undated memorandum apparently from April 1986, outlined “a planned diversion of $12 million in proceeds from the Iran arms sales to the Nicaraguan contras” (see April 4, 1986). Meese’s investigation now diverges onto two tracks, one a continuation of the Hawk shipments, and the second an investigation into who knew about, and who had approved, the diversion.
Reagan Courting Impeachment? - Meese confirms from North that the $12 million had indeed been given to the Contras, and informs Reagan, Chief of Staff Donald Regan, and Vice President Bush. Reagan is reportedly shocked by the revelation, in part because he knows he could face impeachment for violating the Boland Amendment (see October 10, 1984). Meese informs the cabinet the next day. Apparently Meese does not want to know if any senior White House officials knew of the diversion, because he does not ask them about it. When Poindexter informs Meese that before December 1985, his predecessor Robert McFarlane handled the Iran arms sales “all alone” with “no documentation,” Meese accepts his word. Several White House officials present at the meeting—Reagan, Regan, Bush, Poindexter, Secretary of State George Shultz, and Secretary of Defense Caspar Weinberger—all know that Poindexter is lying, but none correct him. After the meeting, Shultz tells his aide, Charles Hill: “They may lay all this off on Bud [McFarlane].… They [are] rearranging the record.” Investigative counsel Lawrence Walsh will later write: “The Select Committees viewed this as an isolated error. It was not.”
'Case for Deniability' for Reagan - In Walsh’s opinion, Meese is not conducting an investigation at all, but instead is “building a case of deniability for his client-in-fact, President Reagan.” Walsh will characterize Meese’s actions as “an effort to obstruct a congressional inquiry.” In 2006, authors Lou Dubose and Jake Bernstein will write, “The two strands of an illegal policy came together in that memo.” The authors refer to the US arms sales to Iran and the diversion of the profits from those sales to the Contras. [New York Times, 11/19/1987; United States Court of Appeals for the District of Columbia Circuit, 8/4/1993; PBS, 2000; Dubose and Bernstein, 2006, pp. 66]

Entity Tags: Charles Hill, Edwin Meese, Caspar Weinberger, Ronald Reagan, Robert C. McFarlane, Oliver North, Federal Bureau of Investigation, George Herbert Walker Bush, George Shultz, Jake Bernstein, Contras, Donald Regan, Lou Dubose, Lawrence E. Walsh, John Poindexter

Timeline Tags: Iran-Contra Affair

CIA Director William Casey abruptly resigns due to terminal brain cancer (see December 18, 1986). Casey’s illness makes him unavailable to testify before the Congressional Iran-Contra investigation, a huge boon for committee Republicans who are determined to keep the truth of Iran-Contra from being revealed (see January 6-7, 1987). Casey had been one of the prime movers behind the Iran arms sales, and was National Security Council staffer Oliver North’s prime supervisor in what insiders call “the Enterprise”—the ad hoc organization run by North and retired General Richard Secord (see November 19, 1985) that trained, supplied, and even at times fought for Nicaragua’s Contras. North and Secord’s organization managed to evade Congressional oversight and ignore laws passed to limit US involvement in the Nicaraguan insurgency (see October 10, 1984). According to upcoming testimony from North, Casey saw “the Enterprise” as such a success that it should serve as a model for other US covert operations around the globe. It was Casey’s idea to have foreign countries such as Saudi Arabia (see July, 1984) and Brunei (see June 11, 1986) supply money to the Contras, over the objections of White House officials such as Secretary of State George Shultz, who told Casey in reference to the phrase “quid pro quo” that he should remember that “every quid had a quo.” As one Democratic congressmen later puts it, Casey was the “godfather” of the entire Iran-Contra operation, and his unavailability to the committee is a tremendous blow to its ability to find the truth. [Dubose and Bernstein, 2006, pp. 70]

Entity Tags: George Shultz, Contras, William Casey, Richard Secord, Oliver North, Joint House-Senate Iran-Contra Committee

Timeline Tags: Iran-Contra Affair

Richard Secord receives whispered advice from his attorney, Thomas Green, during his testimony.Richard Secord receives whispered advice from his attorney, Thomas Green, during his testimony. [Source: Bettmann / Corbis]Public testimony begins in the joint House and Senate investigations of the Iran-Contra affair. General Richard Secord (see November 19, 1985) is the first witness (see May 5, 1987). [New York Times, 11/19/1987]
'Hero's Angle' - The televised hearing area in Room 325 of the Senate Office Building, built to accommodate over two dozen committee members, their staff, witnesses, lawyers, and television reporters and camera operators, features a series of two-tiered stages. Film director Steven Spielberg will later tell Senate counsel Arthur Liman that from a visual viewpoint, the staging is a terrible mistake; the witnesses appear on television “at the hero’s angle, looking up as though from a pit at the committees, who resembled two rows of judges at the Spanish Inquisition.” Authors Lou Dubose and Jake Bernstein will note with some sardonicism that the committee’s two lawyers could not have been better choices to play television villains. Liman is “a nasal-voiced New York ethnic with ‘spaghetti hair,’” and House counsel John Nields is “a balding lawyer with long locks down to his collar who couldn’t keep his distaste for the witnesses from creeping into his voice.”
Opening Statements; Cheney Blames Congress, Not the White House - The hearings open with the usual long-winded opening statements from the various committee members. Representative Dick Cheney (R-WY), the leader of the Republican hardline contingent, makes it clear from the outset where he intends to go in the investigation. “Some will argue that these events justify the imposition of additional restrictions on presidents to prohibit the possibility of similar occurrences in the future,” he says. “In my opinion, this would be a mistake. In completing our task, we should seek above all to find ways to strengthen the capacity of future presidents and future Congresses to meet the often dangerous and difficult challenges that are bound to rise in the years ahead.” He then introduces his counter-argument: Congress’s dithering, not the Reagan administration’s clear violation of the law, is the crux of the problem with the Iran-Contra affair. “One important question to be asked is to what extent did the lack of a clear-cut policy by the Congress contribute to the events we will be exploring in the weeks ahead?” Cheney and his colleagues will argue that because Congress had supported the Contras in the past, its decision not to continue that support was an unforgivable breach, “a form of actionable negligence,” in Dubose and Bernstein’s words, that made it necessary for the Reagan administration to establish “a parallel support network as a ‘bridging’ mechanism until Congress could be brought around to a sensible policy.” Oliver North will echo this concept in his own testimony (see July 7-10, 1987), driving committee Vice Chairman Warren Rudman (R-NH) to retort: “The American people have the Constitutional right to be wrong. And what Ronald Reagan thinks, or what Oliver North thinks or what I think or what anybody else thinks makes not a whit if the American people say, ‘Enough.’” [Dubose and Bernstein, 2006, pp. 72-75]

Entity Tags: Richard Secord, John Nields, Jake Bernstein, Contras, Arthur Liman, Joint House-Senate Iran-Contra Committee, Reagan administration, Lou Dubose, Richard (“Dick”) Cheney, Steven Spielberg, Oliver North

Timeline Tags: Iran-Contra Affair

May 6, 1987: Former CIA Director Casey Dies

Former CIA Director William Casey (see February 2, 1987) dies as a result of his inoperable brain cancer. Casey was a key figure in the Iran-Contra machinations. Authors Lou Dubose and Jake Bernstein will later write, “In death he would become a helpful scapegoat for Oliver North and a resting place for missing information that would have filled out the contours of the scandal.” [Dubose and Bernstein, 2006, pp. 70] Casey had been named as one of the architects of the scheme to use profits from illegal arms sales to Iran to secretly fund the Nicaraguan Contras (see May 5, 1987). He had been hospitalized since April 25, and unable to testify in the Iran-Contra hearings. The immediate cause of death is what doctors call “aspiration pneumonia,” which may mean that Casey inhaled food or food particles in his lungs that set up a toxic chemical reaction. A physician not involved in Casey’s treatment says that Casey may have had trouble swallowing properly. The hospital in Glen Cove, Long Island refuses to give any more details. Despite the swirling Iran-Contra controversy, President Reagan says of his longtime colleague and friend: “His nation and all those who love freedom honor today the name and memory of Bill Casey. In addition to crediting him with rebuilding America’s intelligence capability, history will note the brilliance of his mind and strategic vision, his passionate commitment to the cause of freedom and his unhesitating willingness to make personal sacrifices for the sake of that cause and his country.” [New York Times, 5/7/1987]

Entity Tags: Lou Dubose, Oliver North, Ronald Reagan, William Casey, Contras, Jake Bernstein

Timeline Tags: Iran-Contra Affair

Oliver North testifying before the Iran-Contra Committee.Oliver North testifying before the Iran-Contra Committee. [Source: Bettmann / Corbis]Lieutenant Colonel Oliver North testifies before the joint House-Senate Iran-Contra investigative committee. During the course of his testimony, he says he does not know if President Reagan had any knowledge of the diversion of funds from Iranian arms sales to the Nicaraguan Contras (see December 6, 1985 and April 4, 1986). North also testifies that William Casey, the recently deceased CIA director (see May 6, 1987), knew of and approved the diversion of funds to the Contras. North admits that the Iranian arms sales were initially designed to help facilitate the release of the American hostages being held by Hezbollah. [New York Times, 11/19/1987]
Tour de Force - North’s testimony is a “tour de force,” in the words of authors Lou Dubose and Jake Bernstein, that allows Republicans the opportunity to reverse the field of the hearings and go on the offensive instead of defending the conduct of the Reagan administration. North, a Marine lieutenant colonel, wears his full-dress Marine uniform throughout his entire testimony with rows of ribbons festooning his chest. Handsome and full of righteous patriotism, he is striking on television, and contrasts well with the nasal, disdainful committee lawyers (see May 5, 1987) who spend four days interrogating him.
Need to Free Hostages Trumps Law - For the first two days, North and House counsel John Nields spar for the cameras. North says that Casey had directed him to create the so-called “Enterprise” (see November 19, 1985 and February 2, 1987), the clandestine organization that supported the Nicaraguan Contras with money, weapons, and sometimes US personnel. North admits to shredding untold amounts of evidence after the operation came to light (see November 21-25, 1986). He also admits to lying to Congress in previous testimony. But all of his actions are justified, he says, by the need to get Iran to free the American hostages. “I’d have offered the Iranians a free trip to Disneyland if we could have gotten Americans home for it,” he declares in response to one question about US arms sales to Iran. Senate counsel Arthur Liman will later write, “He made all his illegal acts—the lying to Congress, the diversion [of funds from Iranian arms sales to the Contras], the formation of the Enterprise, the cover-up—seem logical and patriotic.”
Targeting Covert Operations - Nields’s preferred line of questioning—covert operations—makes many committee members uncomfortable. Some House Democrats want to use the investigation to further their own goals of limiting covert actions, and others simply want the truth to be revealed. In contrast, House Republicans are united in opposition to any details of covert operations being revealed on national television and thus hampering the president’s ability to conduct future operations as needed. After the first day of North’s testimony, committee member Dick Cheney (R-WY) exults on PBS that North “probably was as effective as anybody we’ve had before the committee in coming forward very aggressively and stating what he did, saying why he did it, arguing that he was in fact authorized to take the activities that he did.”
Leaky Congress Unfit to Know of Covert Ops, North Contends - North echoes Cheney’s position that the question is not whether White House officials broke the law, but whether Congress was fit to consider the question of national security at all. North goes so far as to question the propriety of the hearings themselves: “I believe that these hearings, perhaps unintentionally so, have revealed matters of great secrecy in the operation of our government, and sources of methods of intelligence activities have clearly been revealed, to the detriment of our security.” North’s message is clear: Congress is not fit to handle covert operations or, by and large, to even know about them. Best for the legislature to allow the White House and the intelligence community to do what needs doing and remain quiet about it. North’s contention that Congress has leaked vital national security information is shot down by Senate committee chairman Daniel Inouye (D-HI), who not only forces North to admit that he has no evidence of his contention, but that the White House, not Congress, is the main source of leaked classified information. Indeed, North himself has leaked information (see July 7-10, 1987). Inouye’s co-chair, Warren Rudman (R-NH) will later say: “The greatest leaks came out of the White House. North and company were the biggest leakers of all during that period.” [Dubose and Bernstein, 2006, pp. 75-78] Nields, addressing North’s implication that the NSC has no obligation to tell the truth to Congress, says towards the end of his session with North: “We do believe in a democracy in which the people, not one lieutenant colonel, decide important policy issues, don’t we? … You denied Congress the facts North had admitted to lying about the government’s involvement with the Hasenfus plane. You denied the elected representatives of the people the facts.” [Boston Globe, 7/9/1987]
Impact on Public Opinion - Results will differ on North’s popularity with viewers (see July 9-31, 1987).

Entity Tags: William Casey, Warren Rudman, Ronald Reagan, Oliver North, Joint House-Senate Iran-Contra Committee, Arthur Liman, Bush administration (41), Contras, Daniel Inouye, Hezbollah, Richard (“Dick”) Cheney, John Nields, Jake Bernstein, Lou Dubose

Timeline Tags: Iran-Contra Affair

Public opinion is sharply divided on the testimony, believability, and popularity of Lieutenant Colonel Oliver North after his testimony before Congress’s Iran-Contra committee (see July 7-10, 1987). A Washington Post/ABC News poll shows 64 percent of those surveyed have a “favorable opinion” of North after watching his testimony. But the “scores of letters received” by the Post was almost exactly opposite, with two-thirds expressing disapproval or reservations about North’s testimony. The Post reports, “Of 130 letters that could be categorized easily as either favorable or unfavorable, 39 were favorable, 91 unfavorable.” One of the unfavorable letters reads in part: “I wish to register an emphatic voice that does not join in the general adulation of… North. He is certainly bright, articulate, sincere and dedicated—but not to the basics of democracy, the rule of law or the tenets of the Constitution.” One favorable letter characterizes North as “the guy we thought we were voting for when we voted for Reagan,” and lauds North for “his endeavor to help release our hostages, get a better relationship with Iran and most of all support the Nicaraguan contras with both military arms and humanitarian supplies.” Many of the letters in support of North chastize the media. One letter writer accuses the Post and the television news media of mocking North throughout his testimony, and concludes that after North’s performance, “the media have, at long last, been hoist on their own petard.” The Post reports that “the mix of letters” is “evidently not so very different from that received at other newspapers across the country,” with “letters editors at the Chicago Tribune, the Los Angeles Times and the New York Times all reported more mail against North. USA Today said the mail is now running 50-50 after an initial flurry of mail in North’s favor.” According to Gallup Polls president Andrew Kohut, letter writers are more articulate, more involved in public affairs, and more politicized than people who don’t write. Also, “people who hold intense attitudes tend to write…” [Washington Post, 7/31/1987] Television news anchors and pundits are equally divided. NBC’s Tom Brokaw says North “performed the congressional equivalent of a grand slam, a touchdown, a hole-in-one, a knockout. You can almost hear his supporters around the country chanting ‘Ol-lie, Ol-lie, Ol-lie.’” But CBS’s Dan Rather asks why North did not do as he had sworn to do and take all the blame for the Iran-Contra machinations: “Whatever happened to the idea that he would take arrows in his chest?” [Boston Globe, 7/9/1987]

Entity Tags: Washington Post, Chicago Tribune, Andrew Kohut, ABC News, Dan Rather, Joint House-Senate Iran-Contra Committee, Los Angeles Times, New York Times, Tom Brokaw, USA Today, Oliver North

Timeline Tags: Iran-Contra Affair

On the last day of Oliver North’s testimony to the Joint House-Senate Iran-Contra Committee (see July 7-10, 1987), ranking Republican Dick Cheney handles the questioning. Authors Lou Dubose and Jake Bernstein will observe that the questioning is more of “a duet than an interrogation.”
Praise from Cheney to North - Cheney opens by praising North’s handling of the hearings, saying, “I know I speak for a great many people who have been watching the proceedings, because the Congress has been absolutely buried in the favorable public reaction to your testimony and phone calls and telegrams” (see July 9-31, 1987). North has taken to stacking piles of supportive telegrams on his witness table; what he and Cheney do not tell those watching the hearings is that Western Union is offering a half-price special on pro-North telegrams sent to the committee.
Obvious Orchestration - Dubose and Bernstein later write that Cheney and North’s session is so perfectly carried out that it seems scripted and rehearsed, “complete with programmed queries and answers not available to everyone else.” Committee co-chairman Warren Rudman (R-NH) later says, “It was apparent to me that there was coordination going on.” Bruce Fein, the Republican staff’s chief of research, later admits that there was indeed such collaboration, though he says it was nothing more than “coordinat[ing] strategy.” Cheney and North’s duet paints North as nothing more than a guy who wanted “to cut through red tape” to save Nicaragua from Communism. North takes the opportunity to portray the selfless hero: “Hang whatever you want around the neck of Ollie North… but for the love of God and the love of this nation, don’t hang around Ollie North’s neck the cutoff of funds to the Nicaraguan resistance again. This country cannot stand that, not just because of Nicaragua, but because of all the other nations in the world who look at us and measure by what we do now in Nicaragua, the measure of our whole commitment to their cause. To things like NATO, to things like our commitment to peace and democracy elsewhere in the world.”
'Turnaround from Defense to Offense [Is] Complete' - Dubose and Bernstein later write, “The two men were now in the zone, a parallel radical-right fantasyland, blissfully ignoring the damage to America’s reputation caused by the administration’s support for the Contras and its willingness to barter weapons for hostages with Iran and Hezbollah.” Cheney and North ignore the World Court’s condemnation of the US mining of Nicaraguan harbors, the Contras’ attacks on civilian targets such as medical centers while refusing to engage the Sandinista forces themselves, which had inflamed outrage in Europe, and the ridicule that Iranian hardliners had subjected US attempts to open negotiations. Cheney’s questioning strategy is so successful that he is able to offer North his remaining time to present a slideshow on why funding the Contras is so important. Dubose and Bernstein later write, “The turnaround from defense to offense was complete.” [Dubose and Bernstein, 2006, pp. 75-78, 80]

Entity Tags: Richard (“Dick”) Cheney, Contras, Jake Bernstein, Joint House-Senate Iran-Contra Committee, Lou Dubose, Oliver North, Warren Rudman

Timeline Tags: Iran-Contra Affair

Former National Security Adviser John Poindexter is indicted on seven felony counts relating to his participation in the Iran-Contra affair. Poindexter is named with fellow Iran-Contra conspirators Oliver North, Richard Secord, and Albert Hakim as part of a 23-count, multi-defendant indictment. The charges are based on evidence that shows all four defendants conspired to defraud the United States and violate federal law by secretly providing funds and supplies to the Nicaraguan Contras. The cases will soon be severed and each defendant will be tried separately (see May-June, 1989). [FINAL REPORT OF THE INDEPENDENT COUNSEL FOR IRAN/CONTRA MATTERS: Chapter 3: United States v. John M. Poindexter, 8/4/1993; PBS, 2000]

Entity Tags: Richard Secord, Albert Hakim, Oliver North, Contras, John Poindexter

Timeline Tags: Iran-Contra Affair

President Reagan declares that he believes the four defendants in the Iran-Contra trial (see March 16, 1988) are not guilty of any crimes. Two former National Security Council officials, John Poindexter and Oliver North, and two arms dealers, Richard Secord and Albert Hakim, face multiple charges in the indictments. Reagan says he thinks of North as a hero and has difficulty believing the Iran-Contra affair was a scandal. “I just have to believe that they’re going to be found innocent because I don’t think they were guilty of any lawbreaking or any crime,” he says. “I still think Ollie North is a hero. On the other hand, any talk about what I might do about pardons and so forth, I think, with the case before the courts, that’s something I can’t discuss now.” Law professor Burt Neuborne says that Reagan’s comments are “inappropriate.” Neuborne says: “When you have people charged with a serious violation of the law it is inappropriate for the president to applaud them and call them heroes.… If you have a president who is not willing to enforce the law, you would never be able to enforce it without the special prosecutor.” An administration official says that in the aftermath of Reagan’s remarks, some White House aides are probably “all cringing.” A senior White House official says, “The rest of us have been told not to comment on the indictments.” Reagan’s domestic policy adviser Gary Bauer says that Reagan’s remarks reflect “what a good number of Americans still believe.… Clearly, it was something from the heart.” Vice President Bush has joined Reagan in expressing his admiration for North, saying, “I think anybody who sheds blood for his country and wins a Purple Heart, three of them, and a Silver Star, deserves whatever accolades one gets for that kind of stellar, heroic performance.” According to recent polls, only 21 percent of Americans believe North is a hero. [New York Times, 3/26/1988]

Entity Tags: George Herbert Walker Bush, Albert Hakim, Burt Neuborne, John Poindexter, Gary Bauer, Richard Secord, Oliver North, Ronald Reagan

Timeline Tags: Iran-Contra Affair

Lieutenant Colonel Oliver North, the former National Security Council member who had been a key figure in the Iran-Contra scandal (see July 7-10, 1987), is tried for crimes related to the operation (see March 16, 1988). [Dubose and Bernstein, 2006, pp. 82]

Entity Tags: Oliver North, National Security Council

Timeline Tags: Iran-Contra Affair

Lieutenant Colonel Oliver North, a key figure in the Iran-Contra scandal (see February 1989), is convicted of three counts of falsifying and destroying documents (see November 21-25, 1986 and March 16, 1988), of obstructing a Congressional investigation, and of illegally receiving a gift of a security fence around his home. He is acquitted of nine other counts. Though facing up to ten years in prison and a $750,000 fine, North receives an extremely lenient sentence: three years’ suspended, two years’ probation, community service, and a $150,000 fine. He also has his Marine service pension suspended. During the trial, North admits he lied repeatedly to Congress during his testimony (see July 7-10, 1987), but says that his superiors, including National Security Adviser John Poindexter, ordered him to lie under oath. North contends that he was made a scapegoat for the Reagan administration. “I knew it wasn’t right not to tell the truth about these things,” he says, “but I didn’t think it was unlawful.” US District Court Judge Gerhard Gesell calls North a “low-ranking subordinate who was carrying out the instructions of a few cynical superiors,” and says to North: “I believe you still lack understanding of how the public service has been tarnished. Jail would only harden your misconceptions.” North, who had been staunch in justifying his actions in the Iran-Contra hearings, now expresses remorse over his crimes, saying, “I recognize that I made many mistakes that resulted in my conviction of serious crimes… and I grieve every day.” North, who is a popular speaker with conservative organizations, can pay off his fine with six speaking engagements. Nevertheless, he says he will appeal his conviction. [BBC, 7/5/1989; New York Times, 9/17/1991] North’s conviction will indeed be overturned by an appeals court (see September 17, 1991).

Entity Tags: John Poindexter, Reagan administration, Oliver North, Gerhard Gesell

Timeline Tags: Iran-Contra Affair

In connection with the Iran-Contra scandal, former National Security Adviser John Poindexter (see March 16, 1988) is convicted of five felonies, including conspiring to obstruct official inquiries and proceedings, two counts of obstructing Congress, and two counts of lying to Congress. Poindexter is sentenced to six months in prison. Instead of serving his jail time, he will win a reversal in federal appeals court. [FINAL REPORT OF THE INDEPENDENT COUNSEL FOR IRAN/CONTRA MATTERS: Chapter 3: United States v. John M. Poindexter, 8/4/1993] The New York Times will write during Poindexter’s sentencing hearing that, though Poindexter had a brilliant career before becoming Ronald Reagan’s national security adviser, he should go to jail because he is not only clearly guilty of the felonies he is convicted of, but he has shown a total lack of remorse or contrition. “The admiral disagreed with [the] fundamental rule of law and apparently still does,” the Times will write, noting that Poindexter apparently feels that if he views the law as incorrect or overly constraining, he is well within his rights to break that law. [New York Times, 6/11/1990]

Entity Tags: New York Times, Reagan administration, John Poindexter

Timeline Tags: Iran-Contra Affair

The New York Times reports that Iran-Contra special prosecutor Lawrence Walsh (see December 19, 1986) is in possession of tapes and transcripts documenting hundreds of hours of telephone conversations between CIA headquarters in Langley, Virginia, and CIA agents in Central America. The time period of the taped conversations corresponds to the period in which NSC officer Oliver North, retired Air Force General Richard Secord, and arms dealer Albert Hakim were running their secret arms pipeline informally known as either “Airlift Project” or “The Enterprise” (see November 19, 1985 and February 2, 1987). Former Deputy Director for Operations Clair George (see Summer 1986) installed the taping system in the early- to mid-1980s. The contents of the conversations are not known, though it is known that Walsh is using the tapes to force accurate testimony from North and others either standing trial or serving as witnesses in Iran-Contra prosecutions (see March 16, 1988). [Time, 7/22/1991]

Entity Tags: Central Intelligence Agency, Albert Hakim, Oliver North, Richard Secord, Lawrence E. Walsh, Clair George

Timeline Tags: Iran-Contra Affair

A federal judge drops all charges against convicted felon Oliver North (see May-June, 1989). A federal appeals court had reversed part of North’s conviction and ordered the case returned to a US District Court for the remainder of the convictions. District Judge Gerhard Gesell, who presided over the original trial that found North guilty of three felonies, drops the charges after special prosecutor Lawrence Walsh says he is forced to abandon the prosecution of North. In order to testify before the Iran-Contra hearings (see July 7-10, 1987), North was granted limited immunity from prosecution, and Walsh says prosecutors will be unable to show that North’s immunity grant did not affect his trial testimony, and the testimony of witnesses in his earlier trials. The decision by Walsh and Gesell brings to an end five years of court proceedings against North, who calls himself “fully, completely” vindicated. Last week, former National Security Adviser Robert McFarlane, North’s former superior and mentor, testified that his testimony in North’s earlier trials had been heavily influenced by North’s testimony before Congress. President Bush says: “He’s been through enough. There was an appeal. He’s been let off. Now that’s the system of justice is working.… I’m very, very pleased.” Senate Majority Leader Bob Dole (R-KS) says the Walsh investigation should be closed down entirely, saying, “What have American taxpayers received for their $50 million?” referring to some estimates of the cost of the overall inquiry. “A lot of press releases. A lot of rumor and innuendo. But little in terms of justice.” Walsh, who had opposed immunity for North from the start of the investigations in 1987, says: “This is a very, very serious warning that immunity is not to be granted lightly. Now, I have never criticized Congress. I urged them not to grant immunity, but they have the very broad political responsibility for making a judgment as to whether it’s more important that the country hear the facts quickly or that they await a prosecution.” [New York Times, 9/17/1991] An outraged New York Times editorial says that North’s claim of complete exoneration is a “wild overstatement” and calls the reversal “a serious setback for another objective of democratic government: promptly to uncover the truth in high-profile cases and to prosecute them when necessary without sacrificing the Constitution’s privilege against compelled self-incrimination.” It concludes: “Mr. North can thank his battling lawyers and a fastidious judiciary for letting him beat the rap. That remains far short, however, of exoneration.” [New York Times, 9/17/1991]

Entity Tags: Oliver North, Robert C. McFarlane, Robert J. (“Bob”) Dole, Lawrence E. Walsh, New York Times

Timeline Tags: Iran-Contra Affair

Former Assistant Secretary of State Elliott Abrams, facing multiple counts of lying under oath to Congress about, among other things, his knowledge of the US government’s involvement in the resupply operation to the Nicaraguan Contras (see October 10-15, 1986), his knowledge of the role played by former CIA agent Felix Rodriguez in the resupply (see December 17, 1986), and his knowledge of third-party funding of the Nicaraguan Contras (see November 25, 1986), agrees to plead guilty to two misdemeanor charges of withholding evidence from Congress. Abrams agrees to the plea after being confronted with reams of evidence about his duplicity by investigators for special prosecutor Lawrence Walsh as well as from testimony elicited during the House-Senate investigation of 1987 (see July 7-10, 1987) and the guilty plea and subsequent testimony of former CIA agent Alan Fiers (see July 17, 1991). Abrams pleads guilty to two counts of withholding information from Congress, to unlawfully withholding information from the Senate Foreign Relations Committee and the House Intelligence Committee, and admits lying when he claimed that he knew nothing of former National Security Council official Oliver North’s illegal diversion of government funds to the Contras (see December 6, 1985, April 4, 1986, and November 25-28, 1986). Abrams says that he lied because he believed “that disclosure of Lt. Col. [Oliver] North’s activities in the resupply of the Contras would jeopardize final enactment” of a $100 million appropriation pending in Congress at the time of his testimony, a request that was narrowly defeated (see March 1986). Abrams also admits to soliciting $10 million in aid for the Contras from the Sultan of Brunei (see June 11, 1986). [Final Report of the Independent Counsel for Iran/Contra Matters: Chapter 25: United States v. Elliott Abrams: November 1986, 8/4/1993]

Entity Tags: Elliott Abrams, Alan Fiers, Contras, Felix Rodriguez, House Intelligence Committee, Senate Foreign Relations Committee, Lawrence E. Walsh

Timeline Tags: Iran-Contra Affair

Retired Colonel David Hackworth, a columnist for Newsweek, talks to PBS interviewer Charlie Rose about his recent interview with accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and April 21, 1995). Hackworth’s interview will result in a brief column (see July 3, 1995) and a cover story (see June 26, 1995), both of which engender tremendous controversy; critics have said that Hackworth has played into McVeigh’s lawyers’ efforts to “soften his image” (see June 26, 1995). Hackworth says that while he “expected to find a monster,” he found a normal young man, “disarming… laid back,” and a “very cool” person. “He came across as the boy that lived next door.” Hackworth says he set up the interview after sending McVeigh a copy of his book About Face, which interested McVeigh enough to have him and attorney Stephen Jones agree to the interview, McVeigh’s first after being arrested. McVeigh is “nothing like I had read in the press.” Rose asks how much of McVeigh’s presentation was “spin” to affect the press, and Hackworth says, “One hundred percent.… He knew that Newsweek talks to 20 million people, he knew that if he could project this kind of ‘boy next door’ image, it would hit the, uh, it might present a new twist on where he is coming from.… He handled himself very well.… He’s so smart that he’s capable of masterminding the operation, which a lot of people in the press said” he was too unintelligent to have done on his own. People in the Pentagon have told him, Hackworth says, that McVeigh could have been a brilliantly successful officer had he stayed in the military. Hackworth says that McVeigh refused to answer direct questions about his carrying out the bombing, instead saying, “We’re going to trial… we’re pleading not guilty.” He calls the bombing a “precise… military operation” that “wasn’t something a militia type, frothing at the mouth, could have put together.” The bombing was handled well, he says, up until McVeigh’s “bug out,” or escape: “To jump in that old car… and get stopped (see 9:03 a.m. -- 10:17 a.m. April 19, 1995) was a minor charge.” Asked what that says about McVeigh, Hackworth replies, “It was almost one of those odd coincidences that we saw in the Lee Harvey Oswald case [the purported assassin of President John F. Kennedy], you know, it was perfect except he’s got the wrong ammunition or something.” Hackworth reiterates his characterization in Newsweek of McVeigh suffering from a “postwar hangover,” a depression that ensued after the war ended and he lost his battlefield comrades (see November 1991 - Summer 1992); his judgment became clouded and his thinking became skewed. Hackworth says that McVeigh denies any miltia ties whatsoever, and denies ever claiming he was being held as a “prisoner of war,” as news reports have alleged. Hackworth says that McVeigh told him he was treated well by his jailers, but says that McVeigh asked why he was not given a bulletproof vest on his short walk from the Noble County Courthouse to his transport to the El Reno federal facility. Hackworth says that the blank, grim look on McVeigh’s face that has characterized him in the news is actually the “thousand-yard stare” that soldiers get when they are expecting to be shot. Hackworth says he expected to “push a button” by asking McVeigh about the Branch Davidian standoff and ultimate tragedy (see April 19, 1993 and April 19, 1993 and After), but McVeigh was not rattled. He concludes that when he interviewed accused Iran-Contra conspirator Oliver North (see May-June, 1989), he caught North in “a hundred lies,” but he did not catch McVeigh in a single lie. Either McVeigh was telling the truth, Hackworth says, or he is a masterful liar. [PBS, 6/26/1995]

Entity Tags: Charlie Rose, Timothy James McVeigh, El Reno Federal Corrections Center, David Hackworth

Timeline Tags: US Domestic Terrorism

Jury selection begins in the trial of Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995). Judge Richard Matsch has denied defense attempts to delay the trial after a brief controversy erupted over media reports using defense documents (see February 28 - March 4, 1997). “I have full confidence that a fair-minded jury can and will be impaneled and that those selected will return a just verdict based on the law and evidence presented to them,” Matsch wrote on March 17. Jurors’ identities are kept hidden from the press. One potential juror, asked by US Attorney Patrick Ryan, “Did you watch a lot of the coverage?” answers: “It was unavoidable. In Oklahoma, it was wall to wall and floor to ceiling.” Another potential juror says he worries about his safety in regards to what he will learn in the course of the trial: “It would seem this case goes further, wider, and deeper in many ways. A juror is going to be an insider on information he might just as soon not know.” [Washington Post, 3/18/1997; New York Times, 4/1/1997; Douglas O. Linder, 2001] The pressure of this being a death-penalty trial, and the prospect of potentially confusing forensic evidence countered by the raw emotions of the bombing itself and of the conspiracy theories surrounding the proceedings, raises oft-asked questions about the competence of 12 jurors to find the truth in such a complex situation. The difference between an open-minded juror and one who is ignorant or intellectually challenged is difficult for lawyers and observers to assess. New York Times reporter Laura Mansnerus reflects on the trial of Lieutenant Colonel Oliver North, charged with crimes relating to the Iran-Contra scandal (see July 7-10, 1987 and May-June, 1989), in which, she writes: “When the jury was selected for the 1989 trial of Oliver North, a search went out for 12 people who knew nothing about Oliver North, which produced, well, 12 people who knew nothing about Oliver North. One person who qualified for service said she had seen him on television, but added, ‘It was just like I was focusing on the Three Stooges or something.’” That ill-informed jury proved remarkably pliable to North’s theatrics, Mansnerus writes, and many believe McVeigh’s defense team hopes for a similar jury pool that may be willing to set aside scientific evidence in favor of conspiracy theories and emotional pleas. Jury expert Jeffrey Abramson of Brandeis University tells Mansnerus: “In a case that’s heavy on scientific, forensic evidence, the defense is going to favor people who are less sophisticated about scientific matters and who are prone to conspiracy theories. That’s the classic defense approach.” Philadelphia prosecutor Jack McMahon warned in a well-known 1986 instructional video of the pitfalls that can result in letting “smart people” on the jury, saying: “Smart people will analyze the hell out of your case. They have a higher standard. They take those words ‘reasonable doubt’ and they actually try to think about them. You don’t want those people.” Moreover, people with jobs requiring any real level of responsibility are routinely excused from jury service; this case is no exception, leaving a pool of jurors with little or no steady employment, spotty educational status, and somtimes limited intellectual capabilities to judge McVeigh’s innocence or guilt. [New York Times, 4/6/1997]

Entity Tags: Jeffrey Abramson, Timothy James McVeigh, Jack McMahon, Patrick M. Ryan, Laura Mansnerus, Richard P. Matsch

Timeline Tags: US Domestic Terrorism

Legal and media analysts say the trial of convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997) never captured the public’s attention the way some other trials have in recent years. “Maybe it was the absence of cameras in the courtroom,” writes the New York Times’s Bill Dedman. “Maybe the outcome never seemed in doubt. Maybe it was the numerousness of the victims or the nobodyness of the defendant or the mind-numbing horror of the event.” Dedman compares the public interest in the McVeigh trial to the far more sensational, media-saturated trials of acquitted murder suspect O.J. Simpson and the Los Angeles police officers acquitted of beating motorist Rodney King. The McVeigh trial did not attract anywhere near the media and public interest of those two trials, Dedman asserts, based on numerous polls and focus group studies. The McVeigh trial did not even garner the same level of interest as the Oliver North Iran-Contra trial (see July 7-10, 1987 and May-June, 1989). Jeffrey Toobin, a legal analyst for ABC News who wrote a best-selling book on the Simpson case, says: “It’s not that people are uninterested in this story. It’s just that it’s just another story. I’m certainly not writing a book about the McVeigh case.” Polls show that 30 percent of Americans followed the McVeigh case “very closely,” a number not significantly higher than the interest showed in most big news stories, and far lower than the public interest in the Simpson and King trials. Andrew Kohut, director of the Pew Center, says: “There is not the manic interest there was in O.J. at certain points in time. I don’t think people are swept up in the emotion of this. That’s for sure.” Merrill Brown of MSNBC’s Internet news service calls the McVeigh trial one of “the top half-dozen” stories he could recall in the network’s Internet news coverage. “It has not changed people’s lives, like the Simpson case,” Brown says. “It has not reached into the nation’s consciousness like Rodney King or William Kennedy Smith [a member of the Kennedy family accused of rape] or any trial that received national notoriety as a result of cameras.” Most media news outlets covered the McVeigh trial steadily, but with few pre-emptions and special reports. Neither Time nor Newsweek featured the trial as a cover story, and supermarket tabloids paid little attention to the trial. The most obvious reason for the relative lack of media coverage is the lack of cameras in the courtroom. Dedman writes: “As a result, people never got to scrutinize the witnesses’ demeanor, study the prosecutor’s hair style and wardrobe, hear the judge’s voice, watch the lawyers bicker, see the defendant react—all those things that… turned the Simpson case from a trial into a drama.” Media psychology professor Stuart Fischoff says: “I think America has very quickly adapted to a sense of judicial activities as entertainment. [Americans now] expect to see their trials on television” so they can become “hooked.” The trial also lacked the salacious and controversial elements of other trials: unlike the Simpson case, there was virtually no sexual content, nor was there the overt racism that permeated the King trial. And unlike Simpson and Smith, no celebrities or wealthy persons were involved. Fischoff says of McVeigh: “There’s nothing particularly interesting about him. He’s not particularly handsome, he’s not particularly verbal, he’s not particularly horrible. He’s not [convicted serial killer and cannibal] Jeffrey Dahmer; you really can’t love to hate this guy. There’s no Darth Vader quotient.” And though the victims evoked considerable sympathy among Americans, they did not evoke fascination such as the victims in the Simpson murders. Observers such as CNN’s Greta van Susteren have said the victims’ stories were just too painful to contemplate for long; others have said there were too many victims for Americans to focus upon. [New York Times, 6/4/1997]

Entity Tags: Merrill Brown, Andrew Kohut, Bill Dedman, Stuart Fischoff, Greta Van Susteren, Timothy James McVeigh, Jeffrey Toobin

Timeline Tags: US Domestic Terrorism

The Bush White House alleges that officials and aides from the outgoing Clinton administration vandalized the White House in the last days before Bush officials took over. Conservative news site NewsMax reports that the “slovenly misfits” of the Clinton administration “left the [White House] in a shambles” in the transition between the outgoing Clinton administration and the incoming Bush administration. Clinton aides engaged in “deliberate vandalism,” the report says, and cites a General Services Administration (GSA) official estimating that it may cost up to $250,000 to repair the damage. NewsMax quotes a report by another conservative publication, the American Spectator, which itself quotes “an inspector… called in to assess the vandalism as saying that several executive desks were damaged to the point that they must be replaced, and several more offices must be repainted because of graffiti.” [Guardian, 1/26/2001; NewsMax, 1/26/2001] Conservative Internet gossip writer Matt Drudge reports that “White House offices [were] left ‘trashed’” and so-called “[p]orn bombs [and] lewd messages” were left behind. No explanation of what Drudge meant by the “porn bomb” allegation is ever given. [Chicago Sun-Times, 1/27/2001] The allegations of vandalism and theft will prove to be almost entirely false (see February 8, 2001, February 14, 2001, and May 18, 2001).
Gore's Staffers Charged with Worst of Vandalism - British newspaper The Guardian repeats earlier claims that the worst of the damage was found in offices once occupied by staffers for former Vice President Al Gore, and that Gore’s wife, Tipper, has phoned Lynne Cheney, the wife of Vice President Dick Cheney, to apologize for the damage. The story is false (see January 24, 2001). [Guardian, 1/26/2001]
Reports: Cut Phone Lines, Extensive Damage, Pornographic Photos - Both the Washington Post and The Guardian report allegations that computer and telephone lines were “sliced,” voice-mail messages were changed to “obscene remarks and lewd greetings,” desks were overturned, and trash strewn throughout the premises. The reports add that filing cabinets were glued shut with Superglue, pornographic photographs displayed in printers, and “filthy graffiti scrawled on at least one hallway wall.” The Spectator’s inspector adds that “[e]ntire computer keyboards will have to be replaced because the damage to them is more extensive than simply missing keys,” referring to allegations that some White House keyboards had the “W” keys pried off. The Spectator also reports tales of former Clinton staffers reportedly “laughing and giggling about the mess their former colleagues left behind.” A Bush White House official calls the White House “a pigsty” in the aftermath of the transition. “The Gore and Clinton people didn’t ‘clean out’ the place because there was nothing clean about what they did before they left.” The GSA will pursue the former Clinton officials for reimbursement and expenses. The Spectator reports that “investigators” conclude the damage was “the result of a carefully organized campaign of vandalism unlike anything ever seen in the aftermath of a presidential transition.” [NewsMax, 1/26/2001; Guardian, 1/26/2001; Washington Post, 1/26/2001] The New York Daily News reports, “The destruction was so vast that a telecommunications staffer with more than a quarter-century of service was seen sobbing near his office one night last week.” [New York Daily News, 1/27/2001] CNN’s Paula Zahn observes: “All right, but this is the White House, for God’s sakes. We’re not talking about people living in a fraternity.” [Fairness and Accuracy in Reporting, 5/21/2001] Fox News is particularly vehement in its coverage. “They trash[ed] the place,” says Fox commentator Sean Hannity. ”$200,000 in furniture [was] taken out.” Fellow Fox commentator Oliver North (see May-June, 1989) adds: “We should expect from white trash what they did at the White House.… I recommend that what the Bush White House do is peel the wallpaper off that they defaced with their graffiti and ship it off to the Clinton Library so people can see it.” Fox host Bill O’Reilly says, “I mean, the price tag right now is about $200,000, so that’s a felony right there.” And O’Reilly guest Tom Schatz says, referring to the famous film about fraternity life, “They turned it into Animal House.” [Knight Ridder, 2/8/2001; Fairness and Accuracy in Reporting, 5/21/2001]
Air Force One 'Stripped Bare,' Reports Claim - The Guardian also reports that during former President Clinton’s last trip in Air Force One, the presidential jet was subjected to what it calls “an orgy of pilfering” (see January 25-27, 2001). It was “stripped bare” by aides, who reportedly took china, silverware, salt and pepper shakers, and other items, most bearing the presidential seal. [Guardian, 1/26/2001] On Fox, Hannity charges, “They strip[ped] Air Force One of the china and everything else that wasn’t bolted down.” [Knight Ridder, 2/8/2001]
Clinton Officials Admit to 'Pranks,' Bush Officials Allege Attempts at Theft - Clinton and Gore officials deny the reports of vandalism, but admit to carrying out pranks such as removing the “W” keys and affixing satirical signs to office doors that read, “Office of Strategery,” “Office of Subliminable Messages,” and “Division of Uniting.” A former Clinton official says, “It’s childish, but it’s also funny.” However, a senior Bush official accuses Clinton staffers of attempting to steal White House paintings and official seals from doors, and attempting to have those items shipped to themselves; Bush officials have ordered that all packages leaving the White House be X-rayed. [Washington Post, 1/26/2001]
Bush Aide Documenting Damages - A Bush White House aide has been delegated to document the vandalism, videos are being taken of the damages, and White House officials are being interviewed. White House press secretary Ari Fleischer has confirmed that the administration is reviewing reports of the alleged vandalism. [NewsMax, 1/26/2001] Bush himself downplays the reports, saying: “There might have been a prank or two, maybe somebody put a cartoon on the wall, but that’s okay. It’s time now to move forward.” [New York Daily News, 1/27/2001]

Entity Tags: Mary Elizabeth (“Tipper”) Gore, Sean Hannity, Matt Drudge, New York Daily News, Paula Zahn, Oliver North, Lynne Cheney, NewsMax, The Guardian, Fox News, General Services Administration, Albert Arnold (“Al”) Gore, Jr., American Spectator, George W. Bush, Ari Fleischer, Bush administration (43), Bill O’Reilly, Tom Schatz, Clinton administration, Washington Post

Timeline Tags: Domestic Propaganda

Former Marine colonel and convicted felon Oliver North (see May-June, 1989), now a conservative radio host, is embedded with a Marine unit by Fox News. North reports “rumors” that French officials at the Embassy in Baghdad are destroying documents proving French complicity in Iraq’s chemical—and biological—weapons programs. The report is quickly proven false. Fox spokeswoman Irena Steffen tells a newspaper that North is “a military contributor to Fox. He is neither a reporter nor a correspondent.” [New Yorker, 5/26/2003]

Entity Tags: Oliver North, Fox News, Irena Steffen

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

According to the investigation by special counsel Patrick Fitzgerald, Vice President Cheney’s chief of staff, Lewis Libby, learns from Undersecretary of State Marc Grossman that former ambassador Joseph Wilson’s wife, Valerie Plame Wilson, is an undercover CIA agent (see June 10, 2003). Grossman tells Libby that “Joe Wilson’s wife works for the CIA,” and that State Department personnel are saying that Wilson’s wife was involved in planning Wilson’s trip to Niger (see February 21, 2002-March 4, 2002). [Dubose and Bernstein, 2006, pp. 216; Marcy Wheeler, 1/23/2007] Plame Wilson was working on counterproliferation issues for the CIA, and Grossman is allegedly involved in a nuclear smuggling ring (see (1997-2002) and Summer 2001). Grossman tipped the ring off to Plame Wilson’s attempts to penetrate it in the summer of 2001 (see Summer-Autumn 2001). Libby also receives the same information from an unnamed senior CIA official. [MSNBC, 2/21/2007] According to Libby’s 2005 indictment for perjury and obstruction of justice (see October 28, 2005), “Libby spoke with a senior officer of the CIA to ask about the origin and circumstances of Wilson’s trip (see February 21, 2002-March 4, 2002), and was advised by the CIA officer that Wilson’s wife worked at the CIA and was believed to be responsible for sending Wilson on the trip.” The next day, according to the indictment, Cheney will tell Libby that Plame Wilson works for the CIA’s counterproliferation division (see (June 12, 2003)). [National Journal, 2/2/2006]

Entity Tags: Valerie Plame Wilson, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Central Intelligence Agency, Joseph C. Wilson, Marc Grossman

Timeline Tags: A. Q. Khan's Nuclear Network, Niger Uranium and Plame Outing

Portion of Libby’s notes indicating the approximated date of June 12, 2003.Portion of Libby’s notes indicating the approximated date of June 12, 2003. [Source: Office of the Vice President / The Next Hurrah]Vice President Cheney informs his chief of staff, Lewis Libby, that Valerie Plame Wilson is a senior official for the CIA’s counterproliferation division. Cheney tells Libby that he has learned that information from CIA Director George Tenet (see June 11 or 12, 2003). Cheney’s conversation with Libby is made public over two years later, when Libby is indicted for perjury and obstruction of justice in regards to the investigation of White House officials leaking Plame Wilson’s identity to the press (see October 28, 2005). According to the indictment: “On or about June 12, 2003, Libby was advised by the vice president of the United States that [former ambassador Joseph] Wilson’s wife worked at the Central Intelligence Agency in the counterproliferation division. Libby understood that the vice president had learned this information from the CIA.” Cheney was within the law to inform Libby of Plame Wilson’s CIA employment, as he could with any government official with the proper security clearance. [Office of the Vice President, 6/12/2003 pdf file; Dubose and Bernstein, 2006, pp. 216; New York Times, 2006; National Journal, 2/2/2006; MSNBC, 2/21/2007] Libby has also learned of Plame Wilson’s CIA status from Marc Grossman of the State Department (see 12:00 p.m. June 11, 2003).
Date of Conversation Unclear - The exact date of the Cheney-Libby conversation is somewhat unclear. Libby’s note on the conversation is dated June 12, but Libby later admits that he wrote the date and the description of the conversation—“telephone VP re ‘Uranium in Iraq’—Kristof NYT article”—after the fact, and then changed the date at an even later time. [Office of the Vice President, 6/12/2003 pdf file; Marcy Wheeler, 2/3/2007; Marcy Wheeler, 6/6/2007] Libby will later testify that the date of the conversation might have been before June 12. [US Department of Justice, 3/5/2004 pdf file] He will also testify that Cheney tells him about Plame Wilson “in an off sort of, curiosity sort of, fashion,” according to other court documents later made public. [National Journal, 2/6/2006] Libby will soon inform a reporter of Plame Wilson’s CIA status (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). He is aware of Plame Wilson’s covert status (see 12:00 p.m. June 11, 2003).

Entity Tags: Joseph C. Wilson, George J. Tenet, Counterproliferation Division, Richard (“Dick”) Cheney, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Central Intelligence Agency

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney, tells federal investigators that he disclosed CIA case officer Valerie Plame Wilson’s name to New York Times reporter Judith Miller on July 8, 2003 (see 8:30 a.m. July 8, 2003). Reporter Murray Waas will write, “The new disclosure that Miller and Libby met on July 8, 2003, raises questions regarding claims by President Bush that he and everyone in his administration have done everything possible to assist Fitzgerald’s grand jury probe.” Many involved in the investigation question Libby’s apparent decision not to give a personal waiver of privilege to Miller, who is currently sitting in jail rather than disclosing the contents of her conversations with Libby (see July 6, 2005). Miller does not accept the validity of a general waiver signed by Libby and others at the behest of special prosecutor Patrick Fitzgerald. Fitzgerald and his prosecutors consider the meetings between Libby and Miller critical to proving that Libby committed criminal offenses by giving information on Plame Wilson’s CIA status to Miller and other reporters. [American Prospect, 8/6/2005]

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

Timeline Tags: Niger Uranium and Plame Outing

Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney, writes jailed reporter Judith Miller (see July 6, 2005) a chatty two-page letter that asserts he had wanted her to testify about their conversations all along. Miller is jailed pending her reversal of a decision not to reveal Libby as a confidential source; Libby had told Miller that former ambassador Joseph Wilson’s wife Valerie Plame Wilson was a CIA agent (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Libby’s letter comes after rounds of intensive negotiations between his lawyers, Miller’s lawyer Robert Bennett, and special counsel Patrick Fitzgerald. Libby says that he is glad to grant Miller a waiver of confidentiality which will allow her to testify about their conversations (see September 12, 2005), and says that a year earlier his lawyer had assured her lawyer that he had then waived confidentiality (see January 2-5, 2004). He reassures her that his decision to waive confidentiality is completely voluntary, and says he will actually be “better off” if she testifies. In conclusion, Libby writes: “You went into jail in the summer. It is fall now. You will have stories to cover—Iraqi elections and suicide bombers, biological threats and the Iranian nuclear program. Out West, where you vacation, the aspens will be turning. They turn in clusters, because their roots connect them. Come back to work—and life.” [Libby, 9/15/2005 pdf file; New York Times, 9/29/2005] Miller will deny any hidden meaning in Libby’s last few lines, and deny to Fitzgerald that Libby attempted to “shape” her testimony in any way through the letter. [New York Times, 10/16/2005] Bennett will say he does not believe that Libby was trying to influence Miller’s testimony, but knew as soon as he read his letter that it would “be trouble” for her. “I know that the letter bothered [Judy] and it bothered me,” Bennett says. “She might be soon testifying, and a prosecutor might construe that as an attempt to influence her testimony. It was more probably just sort of a dumb thing to put in a letter.” Bennett will add: “I think it is important that Judy was protecting a source in terms of source confidentiality and the journalistic privilege. She was not protecting a source to prevent someone from going to jail. The letter just didn’t help matters.” [National Journal, 10/18/2005]

Entity Tags: Robert T. Bennett, Lewis (“Scooter”) Libby, Judith Miller, Joseph C. Wilson, Patrick J. Fitzgerald, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

In a letter to Lewis Libby’s defense lawyers, special counsel Patrick Fitzgerald says that Libby passed classified information from the 2002 National Intelligence Estimate on Iraq (NIE—see October 1, 2002) to reporters. According to Fitzgerald, Libby did so at the behest of his then-boss, Vice President Dick Cheney. Fitzgerald says the information comes from secret grand jury testimony given by Libby (see March 5, 2004 and March 24, 2004). He says Libby testified that he caused at least one other government official to discuss an intelligence estimate with reporters in July 2003. “We also note that it is our understanding that Mr. Libby testified that he was authorized to disclose information about the NIE to the press by his superiors,” Fitzgerald writes. Libby’s lawyer William Jeffress says that regardless of what evidence Fitzgerald may or may not have, his client has no intention of blaming Cheney or other senior White House officials for his actions. Senator Edward Kennedy (D-MA) says Cheney should take responsibility if he indeed authorized Libby to share classified information with reporters. “These charges, if true, represent a new low in the already sordid case of partisan interests being placed above national security,” Kennedy says. “The vice president’s vindictiveness in defending the misguided war in Iraq is obvious. If he used classified information to defend it, he should be prepared to take full responsibility.” Fitzgerald says he intends to use Libby’s grand jury testimony to support evidence pertaining to Libby’s meeting with then-New York Times reporter Judith Miller (see 8:30 a.m. July 8, 2003). [Office of Special Counsel, 1/23/2006 pdf file; Associated Press, 2/10/2006] The press learns of Libby’s testimony days later (see February 2, 2006).

Entity Tags: Judith Miller, Richard (“Dick”) Cheney, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Edward M. (“Ted”) Kennedy

Timeline Tags: Niger Uranium and Plame Outing

Lewis Libby’s defense team reiterates its demand for the disclosure of 10 months’ worth of Presidential Daily Briefings, or PDBs, some of the most highly classified of government documents (see December 14, 2005, January 9, 2006, and January 23, 2006). Defense lawyer John Cline has said he wants the information in part to compensate for what he says is Libby’s imperfect recollection of conversations he had with Vice President Dick Cheney and other government officials regarding CIA official Valerie Plame Wilson (see October 14, 2003, November 26, 2003, March 5, 2004, and March 24, 2004). In documents filed with the court, Libby’s lawyers argue, “Mr. Libby will show that, in the constant rush of more pressing matters, any errors he made in FBI interviews or grand jury testimony, months after the conversations, were the result of confusion, mistake, faulty memory, rather than a willful intent to deceive” (see January 31, 2006). Special prosecutor Patrick Fitzgerald has already informed Cline that his office has only “received a very discrete amount of material relating to PDBs” and “never requested copies of PDBs” themselves, in part because “they are extraordinarily sensitive documents which are usually highly classified.” Furthermore, Fitzgerald wrote that only a relatively small number of the PDB information he has received refers to Joseph Wilson’s trip to Niger (see February 21, 2002-March 4, 2002). Cline is considered an expert in using “graymail” techniques—demanding the broad release of classified documents from the government, and, when those requests are denied, demanding dismissal of charges against his client. He was successful at having the most serious charges dismissed against an earlier client, former Colonel Oliver North, in the Iran-Contra trials (see May-June, 1989). [US District Court for the District of Columbia, 1/31/2006 pdf file; National Journal, 2/6/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

According to sources with firsthand knowledge, alleged perjurer Lewis Libby (see October 28, 2005), the former chief of staff for Vice President Dick Cheney, has given indications of the nature of his defense in his upcoming trial (see January 16-23, 2007). Libby will tell the court that he was authorized by Cheney and other senior Bush administration officials to leak classified information to reporters to build public support for the Iraq invasion and rebut criticism of the war. Prosecutors believe that other White House officials involved in authorizing the leak of classified information may include former Deputy National Security Adviser Stephen Hadley and White House political strategist Karl Rove. Libby has already made this claim to the grand jury investigating the Plame Wilson identity leak (see March 24, 2004). As he told the grand jury, Libby will claim that he was authorized to leak classified information to rebut claims from former ambassador Joseph Wilson, Valerie Plame Wilson’s husband, that the Bush administration had misrepresented intelligence information to make a public case for war. Libby allegedly outed Plame Wilson, a covert CIA agent, as part of the White House’s effort to discredit Wilson. Libby is not charged with the crime of revealing a covert CIA agent, but some of the perjury charges center on his denials of outing Plame Wilson to the FBI and to the grand jury. Libby has admitted revealing Plame Wilson’s identity to reporter Judith Miller (see August 6, 2005); he also revealed classified information to Miller.
Risk of Implicating Cheney - Law professor Dan Richman, a former federal prosecutor, says it is surprising that Libby would use such a defense strategy. “One certainly would not expect Libby, as part of his defense, to claim some sort of clear authorization from Cheney where none existed, because that would clearly risk the government’s calling Cheney to rebut that claim.” Reporter Murray Waas writes that Libby’s defense strategy would further implicate Cheney in the White House’s efforts to discredit and besmirch Wilson’s credibility (see October 1, 2003), and link him to the leaks of classified information and Plame Wilson’s CIA identity. It is already established that Libby learned of Plame Wilson’s CIA status from Cheney and at least three other government officials (see 12:00 p.m. June 11, 2003 and (June 12, 2003)).
Similarities to North's Iran-Contra Defense Strategy - Waas compares Libby’s defense strategy to that of former Colonel Oliver North, charged with a variety of crimes arising from the Iran-Contra scandal (see February 1989). Libby’s defense team includes John Cline, who represented North during his trial. Critics call Cline a “graymail” specialist, who demands the government disclose classified information during a trial, and uses potential refusals to ask for dismissal of charges. Cline won the dismissal of many of the most serious charges against North when Reagan administration officials refused to declassify documents he said were necessary for North’s defense. The special counsel for the Iran-Contra investigation, Lawrence Walsh, believed that Reagan officials refused to declassify the documents because they were sympathetic to North, and trying North on the dismissed charges would have exposed further crimes committed by more senior Reagan officials. It is likely that Cline is using a similar strategy with Libby, according to Waas. Cline has already demanded the disclosure of 10 months’ worth of Presidential Daily Briefings (PDBs), some of the most highly classified documents in government (see January 31, 2006). The Bush administration has routinely denied requests for PDB disclosures. A former Iran-Contra prosecutor says: “It was a backdoor way of shutting us down. It was a cover-up by means of an administrative action, and it was an effective cover-up at that.… The intelligence agencies do not declassify things on the pretext that they are protecting state secrets, but the truth is that we were investigating and prosecuting their own. The same was true for the Reagan administration. Cline was particularly adept at working the system.” Michael Bromwich, a former associate Iran-Contra independent counsel and a former Justice Department inspector general, says it might be more difficult for the Bush administration to use a similar strategy to undercut special counsel Patrick Fitzgerald, because Fitzgerald was appointed by the attorney general, not a panel of judges as were Walsh and Whitewater special prosecutor Kenneth Starr. Both Walsh and Starr alleged that they were impeded by interference from political appointees in the Justice Department. Bromwich’s fellow associate Iran-Contra counsel William Treanor, now the dean of Fordham University’s Law School, agrees: “With Walsh or Starr, the president and his supporters could more easily argue that a prosecutor was overzealous or irresponsible, because there had been a three-judge panel that appointed him,” Treanor says. “With Fitzgerald, you have a prosecutor who was appointed by the deputy attorney general [at the direction of the attorney general]. The administration almost has to stand behind him because this is someone they selected themselves. It is harder to criticize someone you yourself put into play.” [National Journal, 2/6/2006]
'This Is Major' - Progressive author and columnist Arianna Huffington writes: “This proves just how far the White House was willing to go to back up its deceptive claims about why we needed to go to war in Iraq. The great protectors of our country were so concerned about covering their lies they were willing to pass out highly classified information to reporters. And remember—and this is the key—it’s not partisan Democrats making this claim; it’s not Bush-bashing conspiracy theorists, or bloggers reading the Aspen roots (see September 15, 2005). This information is coming from special prosecutor Patrick Fitzgerald as filed in court papers. This is major.” [Huffington Post, 2/9/2006]

Entity Tags: Judith Miller, Valerie Plame Wilson, Joseph C. Wilson, Dan Richman, Bush administration (43), Arianna Huffington, Stephen J. Hadley, Richard (“Dick”) Cheney, William Treanor, Patrick J. Fitzgerald, Lawrence E. Walsh, Kenneth Starr, Karl C. Rove, Lewis (“Scooter”) Libby, Reagan administration, Murray Waas, John Cline, Michael Bromwich

Timeline Tags: Niger Uranium and Plame Outing

John Conyers (D-MI), the ranking member of the House Judiciary Committee, sends a letter to President Bush and Vice President Dick Cheney asking about recent revelations that Cheney authorized the leak of classified information to reporters (see January 23, 2006 and February 2, 2006). Conyers writes that such an authorization, if true, would constitute “an abuse of power at best, and may be outright unlawful at worst.… [I]t would appear that neither classified nuclear information nor Valerie Plame’s status as a covert agent or the name of her employer warranted declassification.” Conyers asks whether the report is true, and whether Bush, Cheney, or any of their staff members authorized former Cheney aide Lewis Libby or anyone else “to declassify and leak information to the media relating to the Iraq war and the use of pre-war intelligence on any occasions,” and if so, what the legal basis for such declassifications would be. He also asks if Bush intends to stand by his promise to “take the appropriate action” against anyone who leaked classified information” (see September 30, 2003). [Jeralyn Merritt, 2/10/2006]

Entity Tags: Richard (“Dick”) Cheney, George W. Bush, House Judiciary Committee, Lewis (“Scooter”) Libby, John Conyers

Timeline Tags: Niger Uranium and Plame Outing

Defense lawyers for former White House official Lewis Libby (see October 28, 2005) file papers asserting that Libby had not intentionally deceived FBI agents (see October 14, 2003 and November 26, 2003) and the grand jury investigating the Valerie Plame Wilson identity leak (see March 5, 2004 and March 24, 2004) because Plame Wilson’s role was was only “peripheral” to potentially more serious questions regarding the Bush administration’s use of intelligence in the prewar debate. The papers reiterate earlier defense requests for classified CIA and White House documents for Libby’s defense. Referring to Plame Wilson’s husband Joseph Wilson’s criticism of the White House’s manipulation of intelligence in the run-up to the Iraq invasion and the White House’s strategy to counter such criticism (see June 2003 and October 1, 2003), the attorneys tell the court, “The media conflagration ignited by the failure to find [weapons of mass destruction] in Iraq and in part by Mr. Wilson’s criticism of the administration, led officials within the White House, the State Department, and the CIA to blame each other, publicly and in private, for faulty prewar intelligence about Iraq’s WMD capabilities.” Plame Wilson’s identity was disclosed during “a period of increasing bureaucratic infighting, when certain officials at the CIA, the White House, and the State Department each sought to avoid or assign blame for intelligence failures relating to Iraq’s weapons of mass destruction capability,” the attorneys write. “The White House and the CIA were widely regarded to be at war.” The defense lawyers also assert that Libby “believed his actions were authorized” and that he had “testified before the grand jury that this disclosure was authorized,” a reference to the classified intelligence he leaked to New York Times reporter Judith Miller (see February 2, 2006). [US District Court for the District of Columbia, 3/17/2006 pdf file; National Journal, 3/30/2006] According to criminal defense attorney Jeralyn Merritt, Libby is asking for the documents to bolster his “memory defense” strategy (see January 31, 2006). She writes: “Shorter Libby: My memory is bad because I was so embroiled in internal fighting and finger pointing at the White House about why we didn’t find any WMD’s that the Plame/Wilson matter was a trifling detail in comparison.” [Jeralyn Merritt, 3/18/2006]

Entity Tags: US Department of State, Central Intelligence Agency, Bush administration (43), Jeralyn Merritt, Joseph C. Wilson, Judith Miller, Lewis (“Scooter”) Libby, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Retired Republican Senator Warren Rudman, the former co-chairman of Congress’s Iran-Contra investigation (see July 7-10, 1987), says that today’s White House officials are little different in at least one respect to the Reagan-era officials who constantly leaked information to the press, then claimed Congress leaked so much information that it was unfit to be trusted with the nation’s secrets. “Just look at the case now with that CIA agent [Valerie] Plame [Wilson],” Rudman says. “God forbid anyone did that on the Hill, there would be hell to pay. The administration would be lining up howitzers on the White House lawn to fire at the Capitol.” [Dubose and Bernstein, 2006, pp. 76-77]

Entity Tags: Bush administration (43), Warren Rudman, Valerie Plame Wilson

Timeline Tags: Civil Liberties

An artist’s sketch of some of the proceedings in the Libby trial.An artist’s sketch of some of the proceedings in the Libby trial. [Source: Art Lien / Court Artist (.com)]A jury of nine men and three women, along with four alternates, is seated in the Lewis Libby perjury and obstruction trial, selected from an original jury pool of 60 prospects. The jury seating takes days longer than expected, in part because the Libby defense team works to block any jurors who state any disapproval of the Bush administration or its conduct of the Iraq war. Jurors are asked if they had ever applied for a job at the CIA, or know anyone who works for the agency. Some are asked if they know the meaning of the word “covert.” One prospective juror says: “A lot of what the CIA does is overtly covert.… My father was a Methodist minister. He didn’t run in those circles.” US District Judge Reggie Walton asks the potential jurors: “Mr. Libby is the former chief of staff and national security adviser of Vice President Cheney. Do any of you have feelings or opinions about the Bush administration or any of its policies or actions, whether positive or negative, that might affect your ability to give a former member of the Bush administration a fair trial?” Defense lawyer Theodore Wells tells one prospective juror, “There is a real possibility Vice President Cheney will be sitting in that chair,” indicating the witness stand. One potential juror responds, “I don’t have the highest opinion of him.” He continues that he has read a lot about the CIA leak case on Internet blogs and in the newspaper, and calls it “standard Washington politics.” After one potential juror tells the court that she voted for President Bush, Fitzgerald tells Walton that he is concerned the questions are getting too political. In the absence of the jurors, Fitzgerald says, “Now we’re finding out how people voted.” Defense lawyers say that because they intend to call Cheney to testify on Libby’s behalf (see December 19, 2006), they don’t want jurors who already dislike or distrust Cheney. [ABC News, 1/16/2007; Washington Post, 7/3/2007; BBC, 7/3/2007] Counsel’s opening statements take place a week after the jury members begin taking their places (see January 23, 2007 and January 23, 2007).

Entity Tags: George W. Bush, Reggie B. Walton, Richard (“Dick”) Cheney, Theodore Wells, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

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