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Context of 'March 7, 2007: Former DOJ Prosecutor: Libby’s Prosecution and Conviction ‘Astounding’'

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Speaking of the conviction of former White House official Lewis Libby (see March 6, 2007), former Justice Department prosecutor Guy Singer says: “A conviction at that high level within the White House is almost unheard of in our history. It is exceedingly rare that a prosecution is initiated, let alone concluded, at this level. For such a high-ranking member to be convicted of obstructing justice is really astounding.” [Los Angeles Times, 3/7/2007]

Entity Tags: Lewis (“Scooter”) Libby, Guy Singer

Timeline Tags: Niger Uranium and Plame Outing

The lawyers for convicted felon Lewis Libby (see March 6, 2007) are preparing a request for a new trial for their client. Meanwhile, the White House is working to lower expectations for a presidential pardon for Libby, as many conservative pundits and publications have demanded (see March 6, 2007, March 6, 2007, March 7, 2007, March 7, 2007, and March 7, 2007). Democrats are demanding that Libby not be pardoned (see March 6, 2007). President Bush, speaking to CNN En Espanol, says: “This was a lengthy trial on a serious matter, and a jury of his peers convicted him. And we’ve got to respect that conviction.… On a personal note, I was sad. I was sad for a man who had worked in my administration, and particularly sad for his family.” Bush refuses to say anything else because the issue is an “ongoing legal matter.” White House press secretary Tony Snow says: “All of this conversation, speculation about a pardon, I know, makes for interesting speculation, but it’s just that. Right now, Scooter Libby and his attorneys have made clear that they’re going to try to get a retrial and if they don’t get that, they’re going to get an appeal.” Snow says Bush is “careful” about awarding pardons. “These are not things to be treated blithely,” he says, adding that Bush takes the pardon process very seriously. “He wants to make sure that anybody who receives one—that it’s warranted, but I would caution against any speculation in this case.” One Libby trial juror, Ann Redington, says she supports the idea of a pardon, even though she was part of a unanimous decision to convict Libby of four felony counts. “It kind of bothers me that there was this whole big crime being investigated and he got caught up in the investigation as opposed to in the actual crime that was supposedly committed,” Redington says during an MSNBC interview. Libby’s lawyer William Jeffress says the lawyers are preparing a request for a new trial; the Associated Press observes that such requests are common and are rarely granted. Joseph Wilson, whose wife, Valerie Plame Wilson, was exposed as a covert CIA official by Libby and other White House officials, praises the verdict. “Convicting him of perjury was like convicting Al Capone of tax evasion or Alger Hiss of perjury,” Wilson says. “It doesn’t mean they were not guilty of other crimes.” [Associated Press, 3/8/2007]

Entity Tags: Joseph C. Wilson, Ann Redington, George W. Bush, Tony Snow, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Bush administration (43), William Jeffress

Timeline Tags: Niger Uranium and Plame Outing

Washington Times editor Wesley Pruden calls on President Bush to immediately pardon convicted felon Lewis Libby (see March 6, 2007), calling Libby’s prosecution “malicious” and Patrick Fitzgerald a “rogue prosecutor.” Bush could turn the guilty verdict “into a Democratic debacle” by “appealing successfully to the American spirit of fair play.” Pruden asserts, without evidence, that the jury has said “they had to put clothespins on their noses to return guilty verdicts.” But Bush, like other Republican presidents, lacks boldness, and makes the perpetual mistake of being too “nice” to “the enemy,” the Democrats. Once Bush explains his pardon to the American citizenry, “they would applaud settling the account,” Pruden writes. The only criminals in the entire affair are Fitzgerald and “the judges who let him get away with” prosecuting Libby. Pruden lambasts Republicans such as Senator Trent Lott (R-MS) and former House Majority Leader Dick Armey (R-TX) who counsel caution about issuing a pardon. Pruden concludes, “A pardon, now, would right a grievous government wrong.” [Washington Times, 3/9/2007]

Entity Tags: George W. Bush, Dick Armey, Trent Lott, Wesley Pruden, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Syndicated columnist Linda Chavez extends the recent spate of conservative attacks on the integrity of special prosecutor Patrick Fitzgerald in the aftermath of the Lewis Libby trial verdict (see March 6, 2007). Echoing columns by other conservative pundits and editorial boards (see March 6, 2007, March 6, 2007, March 7, 2007, March 7, 2007, March 8-9, 2007, and March 9, 2007), Chavez accuses Fitzgerald and even “some jury members” of having inappropriate “motivations” to wreak harm on Libby’s former boss, Vice President Dick Cheney. Fitzgerald was either a deliberate or an unwitting tool of “virtually everyone on the left and much of the press” to pursue the leak of official Valerie Plame Wilson’s CIA status in an attempt to go after Cheney, a pursuit Chavez calls a “vendetta.” Chavez concludes: “It is clear that from the beginning, Fitzgerald’s only interest was in directly implicating the vice president in the leak. When he was unable to do so, he decided to punish Scooter Libby for protecting his boss.” [Post Chronicle, 3/11/2007] Chicago Sun-Times columnist Mark Steyn joins Chavez in denouncing Fitzgerald, calling the prosecution “perverse” and a “mockery” of justice, and accusing Fitzgerald of deliberately attempting to besmirch the White House by prosecuting Libby. He concludes by saying that Fitzgerald’s conduct during the entire investigation and trial was a “disgrace.” [Chicago Sun-Times, 3/11/2007]

Entity Tags: Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Linda Chavez, Valerie Plame Wilson, Mark Steyn, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

A CNN/Opinion Research poll shows that almost 70 percent of Americans believe the president should not pardon convicted felon Lewis Libby (see March 6, 2007). The results show that 69 percent oppose a pardon and 18 percent favor a pardon. Also, 52 percent believe that Libby’s former boss, Vice President Dick Cheney, was involved in covering up the Valerie Plame Wilson identity leak. Twenty-nine percent disagree. [CNN, 3/12/2007] A poll published four days later by Gallup shows that 67 percent of those polled believe President Bush should not pardon Libby, and 21 percent believe that he should. The Gallup poll shows that 34 percent of Republicans support a pardon, along with 21 percent of independents and 11 percent of Democrats. [Gallup Poll News Service, 3/16/2007] Hours after the CNN poll comes out, NBC reporter and MSNBC commentator Andrea Mitchell, who was tangentially involved in the Libby case (see October 3, 2003 and February 12, 2007), tells a viewing audience: “[P]olling… indicates that most people think, in fact, that he should be pardoned. Scooter Libby should be pardoned.” [Eschaton, 3/12/2007]

Entity Tags: Richard (“Dick”) Cheney, Andrea Mitchell, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Valerie Plame Wilson testifies before the House Oversight Committee.Valerie Plame Wilson testifies before the House Oversight Committee. [Source: Life]The House Oversight Committee holds a hearing about the ramifications of the Lewis Libby guilty verdict (see March 6, 2007) and the outing of former covert CIA agent Valerie Plame Wilson (see July 14, 2003). Plame Wilson is the star witness, and for the first time publicly discusses the leak and her former status as a covert agent. As earlier revealed by authors Michael Isikoff and David Corn in their book Hubris, Plame Wilson was the covert operations chief for the Joint Task Force on Iraq (JTFI), a section of the CIA’s Counterproliferation Division (CPD), which itself is part of the agency’s clandestine operations directorate. Indeed, as Libby special prosecutor Patrick Fitzgerald has already stated, the fact of her employment with the CIA was itself classified information (see October 28, 2005). [Wilson, 2007, pp. 299; Think Progress, 3/16/2007; Nation, 3/19/2007]
Republican Attempts to Close Hearing Fail - Tom Davis (R-VA), the committee’s ranking Republican, attempts to close Plame Wilson’s testimony to the public on the grounds that her statements might threaten national security. “It would be with great reluctance, but we have to protect confidential information,” he says. Politico reporter John Bresnahan describes Davis as “clearly unhappy that the hearing is taking place at all, so his threat has to be viewed in that context.” Davis goes on to say: “We are mining something that has been thoroughly looked into. There are so many other areas where [Congressional] oversight needs to be conducted instead of the Plame thing.” The hearing will remain open to the public. [Politico, 3/14/2007]
Pre-Testimony Jitters - In her book Fair Game, Plame Wilson recalls the jitters she experiences in the hours leading up to her appearance before the committee. She had tried, in the days before the hearing, “to think of every possible question the committee could throw at me.… I had to be sharp to avoid giving any information that the CIA would deem sensitive or classified. It was a minefield.” She is relieved to learn that CIA Director Michael Hayden has met with committee staffers and, she will write, “explicitly approved the use of the term ‘covert’ in describing my cover status.” She will write that though she still cannot confirm the length of her service with the CIA, she can “at least counter those who had suggested over the last few years that I was no more than a ‘glorified secretary’” (see Fall 1985, Fall 1989, Fall 1992 - 1996, and April 2001 and After). [Wilson, 2007, pp. 299]
CIA Confirmed Plame Wilson's Covert Status - Before Plame Wilson testifies, committee chairman Henry Waxman (D-CA) reads a statement saying that she had been a “covert” officer” who had “served at various times overseas” and “worked on the prevention of the development and use of weapons of mass destruction against the United States.” Waxman notes that the CIA had cleared this statement. And during subsequent questioning, committee member Elijah Cummings (D-MD) reports that Hayden had told him, “Ms. Wilson was covert.” [Nation, 3/16/2007; Think Progress, 3/16/2007; FireDogLake, 3/16/2007; Christy Hardin Smith, 3/16/2007]
Confirms Her Status in CPD - Plame Wilson testifies that she is still bound by secrecy oaths and cannot reveal many of the specifics of her CIA career. However, she testifies, “I served the United States of America loyally and to the best of my ability as a covert operations officer for the Central Intelligence Agency.” She says, “In the run-up to the war with Iraq, I worked in the Counterproliferation Division of the CIA, still as a covert officer whose affiliation with the CIA was classified.” She also notes that she helped to “manage and run secret worldwide operations.” Prior to the Iraq war, she testifies, she had “raced to discover intelligence” on Iraq’s weapons of mass destruction. “While I helped to manage and run secret worldwide operations against this WMD target from CIA headquarters in Washington, I also traveled to foreign countries on secret missions to find vital intelligence.” Those trips had occurred within the last five years, she says, contradicting arguments that she had not functioned as a covert agent within the last five years and therefore those who revealed her identity could not be held legally accountable (see February 18, 2007). “Covert operations officers, when they rotate back for temporary assignment in Washington, are still covert,” she says. Furthermore, far from her identity as a CIA agent being “common knowledge on the Georgetown cocktail circuit,” as some have alleged (see September 30, 2003, July 12, 2004, and March 16, 2007), she testifies that she can “count on one hand” the number of people outside the agency who knew of her CIA status before her outing by White House officials. “But, all of my efforts on behalf of the national security of the United States, all of my training, and all of the value of my years service were abruptly ended when my name and identity were exposed irresponsibly.” [Wilson, 2007, pp. 300-302; Nation, 3/16/2007; Mother Jones, 3/16/2007] During this portion of testimony, Davis repeats an assertion that neither President Bush nor Vice President Dick Cheney were aware of Plame Wilson’s covert status during the time of her exposure. [FireDogLake, 3/16/2007]
'They Should Have Been Diligent in Protecting Me and Other CIA Officers' - Plame Wilson testifies that, as the Libby trial progressed, she was “shocked and dismayed by the evidence that emerged. My name and identity were carelessly and recklessly abused by senior government officials in both the White House and the State Department. All of them understood that I worked for the CIA, and having signed oaths to protect national security secrets, they should have been diligent in protecting me and every CIA officer.” Many agents in CPD are covert, she says, and thusly, officials such as Cheney and Libby, who knew she worked in that division, should have been careful in spreading information about her.
'Grave' Damage to National Security - Plame Wilson says she cannot be specific about what kind of damage was done by her identity being revealed (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006); the CIA did perform a damage assessment, but did not share the results with her, and that assessment is classified (see Before September 16, 2003). “But the concept is obvious,” she says. “Not only have breaches of national security endangered CIA officers, it has jeopardized and even destroyed entire networks of foreign agents who in turn risked their own lives and those of their families—to provide the United States with needed intelligence. Lives are literally at stake. Every single one of my former CIA colleagues, from my fellow covert officers, to analysts, to technical operations officers, to even the secretaries, understands the vulnerability of our officers and recognizes that the travesty of what happened to me, could happen to them. We in the CIA always know that we might be exposed and threatened by foreign enemies. It was a terrible irony that administration officials were the ones who destroyed my cover… for purely political motives.” [Wilson, 2007, pp. 300-302; Nation, 3/16/2007] She refuses to speculate as to the intentions of White House deputy chief of staff Karl Rove in exposing her identity (see July 10, 2005). [FireDogLake, 3/16/2007]
Politicization of Intelligence Dangerous, Counterproductive - Plame Wilson decries the increasingly partisan politicization of intelligence gathering and presentation under the Bush regime, saying: “The tradecraft of intelligence is not a product of speculation. I feel passionately as an intelligence professional about the creeping, insidious politicizing of our intelligence process. All intelligence professionals are dedicated to the ideal that they would rather be fired on the spot than distort the facts to fit a political view—any political view—or any ideology.… [I]njecting partisanship or ideology into the equation makes effective and accurate intelligence that much more difficult to develop. Politics and ideology must be stripped completely from our intelligence services, or the consequences will be even more severe than they have been and our country placed in even greater danger. It is imperative for any president to be able to make decisions based on intelligence that is unbiased.” [Wilson, 2007, pp. 300-302; Nation, 3/16/2007]
No Role in Deciding to Send Husband to Niger - Plame Wilson discusses the persistent rumors that she dispatched her husband, former ambassador Joseph Wilson, to Niger to investigate claims that Iraq had attempted to purchase uranium from that country (see February 21, 2002-March 4, 2002). Such rumors imply that Wilson was unqualified for the mission, and was sent by his wife for reasons having to do with partisan politics and nepotism (see July 9, 2004). Plame Wilson testifies that she had no authority to send her husband anywhere under CIA auspices, that it was a co-worker’s suggestion, not hers, to send her husband (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005), and that her participation was limited to writing a note outlining her husband’s qualifications for such a fact-finding mission (see Fall 1999 and February 13, 2002). She testifies that a colleague had been misquoted in an earlier Senate Intelligence Committee report in saying that she proposed her husband for the trip, and that this colleague was not permitted to correct the record. [FireDogLake, 3/16/2007; Nation, 3/16/2007; Nation, 3/19/2007]
Further Investigation Warranted - After Plame Wilson concludes her testimony, Waxman declares: “We need an investigation. This is not about Scooter Libby and not just about Valerie Plame Wilson.” Journalist David Corn concurs: “Waxman was right in that the Libby trial did not answer all the questions about the leak affair, especially those about the roles of Bush administration officials other than Libby. How did Cheney learn of Valerie Wilson’s employment at the Counterproliferation Division and what did he do with that information? How did Karl Rove learn of her CIA connection? How did Rove manage to keep his job after the White House declared anyone involved in the leak would be fired?… What did Bush know about Cheney’s and Rove’s actions? What did Bush do in response to the disclosure that Rove had leaked and had falsely claimed to White House press secretary Scott McClellan that he wasn’t involved in the leak?” Republican committee members are less sanguine about the prospect of such an investigation, with Davis noting that special prosecutor Patrick Fitzgerald had already conducted an investigation of the leak. Corn writes: “Not all wrongdoing in Washington is criminal. Valerie Wilson’s presence at the hearing was a reminder that White House officials (beyond Libby) engaged in improper conduct (which possibly threatened national security) and lied about it—while their comrades in the commentariat spinned away to distort the public debate.” [Nation, 3/16/2007; Nation, 3/19/2007]

Entity Tags: Central Intelligence Agency, House Committee on Oversight and Government Reform, Joint Task Force on Iraq, David Corn, George W. Bush, Henry A. Waxman, Elijah Cummings, Valerie Plame Wilson, Counterproliferation Division, Scott McClellan, Lewis (“Scooter”) Libby, Karl C. Rove, Tom Davis, Michael Hayden, Joseph C. Wilson, John Bresnahan, Richard (“Dick”) Cheney, Michael Isikoff, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Jack Kemp.Jack Kemp. [Source: Los Angeles Times]Former representative and Republican vice-presidential candidate Jack Kemp (R-NY) recommends that President Bush pardon convicted felon Lewis Libby (see March 6, 2007). Kemp’s column, printed in the conservative Web publication Town Hall, is not as vociferous in its condemnation of the Libby perjury trial and special counsel Patrick Fitzgerald as some published by his conservative colleagues (see March 6, 2007, March 6, 2007, March 7, 2007, March 7, 2007, March 8-9, 2007, March 9, 2007, and March 11, 2007). Kemp begins his column by telling his readers that two jurors in the trial, Ann Redington and Denis Collins, have “endors[ed] a pardon,” quoting Redington from her interview on MSNBC’s Hardball (see March 8, 2007) and Collins from a column by the New York Times’s Maureen Dowd (Collins’s “endorsement” was a tepid “I would really not care” when asked if he would support a pardon for Libby—see March 8, 2007). Kemp writes of a pardon, “It’s the right thing to do and it’s the right thing to do now—anything less makes a travesty of our system of justice.” Kemp echoes his colleagues’ arguments that Fitzgerald prosecuted Libby for political reasons, particularly in an attempt to target Vice President Dick Cheney. He then notes that two previous presidents, George H. W. Bush and Bill Clinton, have pardoned government officials who were targeted by special prosecutors—Bush in his pardon of convicted Iran-Contra conspirator Caspar Weinberger (see December 25, 1992) and Clinton’s pre-emptive pardon of then-CIA Director John Deutch, who was under investigation for mishandling classified information on his home computer. Weinberger was facing the possibility of years of jail time; Deutch was negotiating with prosecutors for a guilty plea to a single misdemeanor charge. Kemp repeats debunked charges that the CIA did not treat Valerie Plame Wilson’s status as either classified or particularly sensitive (see Fall 1992 - 1996, Late 1990s-2001 and Possibly After, April 22, 1999, (July 11, 2003), Before July 14, 2003, July 22, 2003, July 30, 2003, September 30, 2003, October 11, 2003, October 22-24, 2003, January 9, 2006, February 13, 2006, September 6, 2006, and March 16, 2007) and also repeats his colleagues’ charges that the government’s witnesses had no better memories of key events than did Libby. Kemp concludes: “Most prosecutors would walk away from such a case—a case based on a faulty premise and focused on faulty memories months after the fact. President Bush would be well within presidential authority and past presidential practice if he were to rectify this travesty in the near future. My hope is he pardons Libby now!” [Town Hall (.com), 4/3/2007]

Entity Tags: John Deutch, Caspar Weinberger, Ann Redington, Denis Collins, Jack Kemp, Maureen Dowd, George W. Bush, Valerie Plame Wilson, Patrick J. Fitzgerald, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Convicted felon Lewis Libby decides not to ask for a new trial (see March 6, 2007), but says he intends to appeal his conviction to a federal appeals court. [CBS News, 1/25/2007]

Entity Tags: Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Bush officials are battling a lawsuit filed against them by former CIA official Valerie Plame Wilson, according to a report by the Associated Press. Plame Wilson is suing (see July 13, 2006) four Bush administration officials—Vice President Dick Cheney (see July 7-8, 2003), White House political strategist Karl Rove (see July 8, 2003 and 11:00 a.m. July 11, 2003), convicted perjurer Lewis Libby (see March 6, 2007), and former Deputy Secretary of State Richard Armitage (see June 13, 2003)—for deliberately disclosing her identity as a CIA official to the public for political gain. Cheney’s lawyer calls the lawsuit “a fishing expedition” and accuses Plame Wilson of making “fanciful claims.” Plame Wilson says her constitutional rights were violated by the defendants. Armitage’s lawyer says the suit is “principally based on a desire for publicity and book deals.” Plame Wilson’s lawyer counters by saying the case is “about egregious conduct by defendants that ruined a woman’s career.” Rove’s lawyer, Robert Luskin, arguing on behalf of all four defendants, says that none of the officials deliberately disclosed classified information, specifically the information of Plame Wilson’s covert status in the CIA. The defendants’ lawyers claim that they should not be sued personally for actions taken as part of their official duties. And a Justice Department lawyer claims that Cheney should have much the same legal immunity as President Bush. [Associated Press, 5/17/2007] The lawsuit will soon be dismissed (see July 19, 2007).

Entity Tags: Richard (“Dick”) Cheney, Bush administration (43), Lewis (“Scooter”) Libby, Robert Luskin, US Department of Justice, Richard Armitage, Valerie Plame Wilson, Karl C. Rove

Timeline Tags: Niger Uranium and Plame Outing

Patrick Fitzgerald, who successfully prosecuted former Bush administraton official Lewis Libby for perjury, obstruction of justice, and making false statements (see March 6, 2007), recommends 30 to 37 months in prison for Libby’s jail sentence. In a court filing with Judge Reggie Walton, Fitzgerald notes that the Libby defense called Libby’s prosecution “unwarranted, unjust, and motivated by politics,” and Libby’s supporters (see February 21, 2006) continue to do so.
Libby Chose to Lie - To address this charge, Fitzgerald goes back through the investigation and notes that Libby, a lawyer himself, fully understood his obligations as a government witness. “He, of course, could have told the truth, even if, as was the case for many other witnesses, doing so risked the possibility of criminal prosecution, or personal or political embarrassment,” Fitzgerald writes. “He also could have declined to speak to the FBI agents, invoked his Fifth Amendment rights before the grand jury, or challenged any lines of inquiry he believed improper. And the evidence at trial showed that Mr. Libby had access to counsel and had adequate time to review relevant documents and contemplate his conduct before he testified. Regrettably, Mr. Libby chose the one option that the law prohibited: he lied. He lied repeatedly to FBI agents and in sworn grand jury testimony, and he lied about multiple facts central to an assessment of his role in the disclosure of Ms. Wilson’s CIA employment. He lied about when he learned of [Valerie Plame Wilson’s] CIA employment, about how he learned of her CIA employment, about who he told of her CIA employment, and about what he said when he disclosed it. In short, Mr. Libby lied about nearly everything that mattered.” Libby’s choice to lie, Fitzgerald goes on to note, made it impossible to discover “the role that Mr. Libby and those with whom he worked played in the disclosure of Ms. Wilson’s information regarding CIA employment and about the motivations for their actions.… Mr. Libby’s lies corrupted a truth-seeking process with respect to an important investigation, and on behalf of which many others subordinated important public, professional, and personal interests. To minimize the seriousness of Mr. Libby’s conduct would deprecate the value that the judicial system places on the truthfulness of witnesses, and tempt future witnesses who face similar obligations to tell the truth to question the wisdom and necessity of doing so.” Fitzgerald notes that Libby “has expressed no remorse, no acceptance of responsibility, and no recognition that there is anything he should have done differently—either with respect to his false statements and testimony, or his role in providing reporters with classified information about Ms. Wilson’s affiliation with the CIA.”
Justifies Libby's Prosecution when Other Leakers Not Prosecuted - Fitzgerald counters the arguments that because only Libby, and not all three proven leakers (see October 2, 2003 and February 2004), was prosecuted, his prosecution was somehow invalid. The other leakers, Richard Armitage and Karl Rove, eventually admitted to leaking Plame Wilson’s name to the press. Libby consistently lied about his leaks. “To accept the argument that Mr. Libby’s prosecution is the inappropriate product of an investigation that should have been closed at an early stage,” Fitzgerald writes, “one must accept the proposition that the investigation should have been closed after at least three high-ranking government officials were identified as having disclosed to reporters classified information about covert agent Valerie Wilson, where the account of one of them was directly contradicted by other witnesses, where there was reason to believe that some of the relevant activity may have been coordinated, and where there was an indication from Mr. Libby himself that his disclosures to the press may have been personally sanctioned by the vice president. To state this claim is to refute it. Peremptorily closing this investigation in the face of the information available at its early stages would have been a dereliction of duty, and would have afforded Mr. Libby and others preferential treatment not accorded to ordinary persons implicated in criminal investigations.”
States that Prosecution Knew Plame Wilson Was Covert from Outset - Fitzgerald also says what he was unable to say directly in the trial, that “it was clear from very early in the investigation that Ms. Wilson qualified under the relevant statute… as a covert agent whose identity had been disclosed by public officials, including Mr. Libby, to the press.” Fitzgerald explains that he chose not to charge Libby with outing a covert intelligence agent in part because Libby’s lies, and presumably the obfuscatory and contradictory statements of other Bush administration officials, made it difficult to prove beyond doubt that Libby knew Plame Wilson was a covert agent when he exposed her as a CIA official. “On the other hand, there was clear proof of perjury and obstruction of justice which could be prosecuted in a relatively straightforward trial.”
No Justification for Leniency - “In light of the foregoing,” Fitzgerald writes, “the assertions offered in mitigation are consistent with an effort by Mr. Libby’s supporters to shift blame away from Mr. Libby for his illegal conduct and onto those who investigated and prosecuted Mr. Libby for unexplained ‘political’ reasons (see March 6, 2007, March 6, 2007, March 6, 2007, March 6, 2007, March 7, 2007, March 7, 2007, March 7, 2007, March 8-9, 2007, March 9, 2007, and March 11, 2007). The assertions provide no basis for Mr. Libby to receive a reduced sentence.… While the disappointment of Mr. Libby’s friends and supporters is understandable, it is inappropriate to deride the judicial process as ‘politics at its worst’ on behalf of a defendant who, the evidence has established beyond a reasonable doubt, showed contempt for the judicial process when he obstructed justice by repeatedly lying under oath about material matters in a serious criminal investigation.… Mr. Libby’s prosecution was based not upon politics but upon his own conduct, as well as upon a principle fundamental to preserving our judicial system’s independence from politics: that any witness, whatever his political affiliation, whatever his views on any policy or national issue, whether he works in the White House or drives a truck to earn a living, must tell the truth when he raises his hand and takes an oath in a judicial proceeding or gives a statement to federal law enforcement officers. The judicial system has not corruptly mistreated Mr. Libby; Mr. Libby has been found by a jury of his peers to have corrupted the judicial system.” [US District Court for the District of Columbia, 5/30/2007]
Sentenced to 30 Months in Prison - Libby will be sentenced to 30 months in prison (see June 5, 2007), but will have his sentence commuted before he serves any time (see July 2, 2007).

Entity Tags: Karl C. Rove, Reggie B. Walton, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Richard Armitage, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Writing in anticipation of a judicial sentence for convicted felon Lewis Libby, columnist Byron York publishes a column in the conservative National Review criticizing the sentencing recommendation made by prosecutor Patrick Fitzgerald. Though Libby could theoretically be sentenced to up to 30 years in prison for his four felony convictions (see March 6, 2007), Fitzgerald is asking Judge Reggie Walton to sentence him to 30-37 months in jail (see May 25, 2007), appropriate, Fitzgerald says, because of the seriousness of the investigation which he obstructed. York argues that Fitzgerald never proved anyone in the White House violated the Intelligence Identities Protection Act or the Espionage Act, but in his recommendation Fitzgerald argues that his grand jury “obtained substantial evidence indicating that one or both of the… statutes may have been violated.” York states that Fitzgerald is asking Walton to sentence Libby as if he had indeed committed such a violation: “Because the investigation defendant was convicted of endeavoring to obstruct focused on violations of the IIPA and the Espionage Act, the court much calculate defendant’s offense level by reference to the guidelines applicable to such violations.” York argues that because Fitzgerald was never able to prove that any violations of either the IIPA or the Espionage Act were committed, Walton cannot sentence Libby in light of his obstruction of that investigation. York says that a pre-sentencing report poses a different view: As quoted in Fitzgerald’s brief, the report states, “The criminal offense would have to be established by a preponderance of the evidence [but] the defendant was neither charged nor convicted of any crime involving the leaking of [Valerie Plame Wilson’s] ‘covert’ status.” The pre-sentencing report therefore supports a lighter sentence. Fitzgerald continues, “The reasons why Mr. Libby was not charged with an offense directly relating to his unauthorized disclosures of classified information regarding Ms. Wilson included, but were not limited to, the fact that Mr. Libby’s false testimony obscured a confident determination of what in fact occurred, particularly where the accounts of the reporters with whom Mr. Libby spoke (and their notes) did not include any explicit evidence specifically proving that Mr. Libby knew that Ms. Wilson was a covert agent.” [National Review, 5/29/2007] Libby will be sentenced to 30 months in prison (see June 5, 2007), but will have his sentence commuted before he serves any time (see July 2, 2007).

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

Timeline Tags: Niger Uranium and Plame Outing

Senator Christopher “Kit” Bond.Senator Christopher “Kit” Bond. [Source: Wall Street Journal]Senator Christopher “Kit” Bond (R-MO), the ranking member of the Senate Intelligence Committee, demands that former CIA official Valerie Plame Wilson explain what he calls “differences” in her various accounts of how her husband, Joseph Wilson, was sent to Niger in 2002 to investigate claims that Iraq was attempting to secretly buy uranium from that nation (see February 21, 2002-March 4, 2002 and July 6, 2003). Plame’s differing versions have furthered “misinformation” about the origins of the case that roiled official Washington beginning in July 2003, Bond says. A recently released CIA memo from February 2002 said Plame Wilson “suggested” her husband for the trip. Bond says this is at odds with Plame Wilson’s March 2007 testimony before Congress, where she said a CIA colleague first suggested her husband for the trip (see March 16, 2007). In Bond’s version of events, Plame Wilson has told three different versions of events: in 2003 or 2004, she told the CIA’s Inspector General that she suggested Wilson; in 2004, she told committee staffers that she wasn’t sure if she had suggested Wilson (see July 9, 2004); in her March testimony before the House Oversight and Government Reform Committee, she said that a colleague had first suggested Wilson for the trip. A spokeswoman for Senator John D. Rockefeller (D-WV), the committee chairman, says she is not sure whether Rockefeller is interested in having committee investigators interview Plame Wilson, but Bond says he has asked the CIA for permission to re-interview her. Melanie Sloan, the attorney representing Plame Wilson, says her client has “always been very consistent that she is not the person responsible for sending Joe Wilson” to Africa. Instead, Sloan says, trying to impugn Plame Wilson’s truthfulness is an attempt to draw attention from the “real wrong here—a White House that outed a covert operative and undermined national security.” [USA Today, 5/30/2007] The Senate Intelligence Committee did report that Plame Wilson recommended Wilson for the trip, but that report was based on somewhat inaccurate information provided in a State Department memo; both in her March 2007 testimony and her book Fair Game, Plame Wilson recalls that a young records officer first suggested that Wilson be sent (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005).

Entity Tags: Valerie Plame Wilson, Christopher (“Kit”) Bond, John D. Rockefeller, Melanie Sloan, Joseph C. Wilson, Senate Intelligence Committee, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton, who presided over the Lewis Libby perjury trial (see March 6, 2007), says in the interest of transparency he will release the more than 150 letters he has received regarding Libby’s upcoming sentencing (see May 25, 2007 and June 5, 2007). He will release the letters after sentence is passed. Many of the letters are from current and former Bush administration officials pleading for leniency on Libby’s behalf. Libby, through his attorney William Jeffress, opposes the letters’ release, saying the letter writers never expected their words to be made public. [CBS News, 1/25/2007; Associated Press, 5/31/2007] The letters are released after Libby’s sentencing. Former Defense Secretary Donald Rumsfeld wrote of Libby, “I know Mr. Libby to be a patriot, a dedicated public servant, a strong family man, and a tireless, honorable, selfless human being.” Henry Kissinger, the secretary of state in the Nixon administration and an informal Bush administration adviser, wrote: “I would never have associated the actions for which he was convicted with his character. Nor do I believe that they will ever be repeated. Having served in the White House and under pressure, I have seen how difficult it is to recall precisely a particular series of events.” [Raw Story, 6/5/2007] Others who submitted letters include General Peter Pace, former Clinton administration peace negotiator Dennis Ross, and former Bush administration officials Paul Wolfowitz and John Bolton. President Bush and Vice President Dick Cheney did not submit letters on behalf of Libby. [PBS, 6/5/2007] Jeffress actively solicited letters from Libby’s friends and associates asking Walton to either give Libby a light sentence or no real sentence at all. In Jeffress’s filing asking that the letters remain private, he writes, “Given the extraordinary media scrutiny here, if any case presents the possibility that these letters, once released, would be published on the Internet and their authors discussed, even mocked, by bloggers, it is this case.” Marcy Wheeler, who spearheaded a team of bloggers that provided in-depth coverage of the Libby case (see February 15, 2007), derides Jeffress’s fears of being mocked by bloggers, but says there are far more compelling reasons to release the letters than to discomfit the letter writers. Wheeler notes that a lighter sentence would dissuade Libby from testifying against his former boss, Cheney, who is widely suspected of orchestrating the Plame Wilson exposure. Moreover, some of Libby’s supporters themselves have reason, she writes, “to be thankful that Libby successfully obstructed the investigation” and are anything but neutral. Finally, she writes: “[T]his sentencing, now scheduled for June 5, takes place against the background of the Bush administration’s purge of at least nine US attorneys, in at least one case at the behest of Republicans who complained that the US attorney didn’t file charges against a Democrat before an election. We have every reason to suspect that Bush’s supporters have inappropriately intervened in the administration of justice. Without seeing those letters, how can we be sure the same isn’t happening here?” [Guardian, 5/29/2007]

Entity Tags: Lewis (“Scooter”) Libby, Donald Rumsfeld, Dennis Ross, George W. Bush, John R. Bolton, William Jeffress, Paul Wolfowitz, Henry A. Kissinger, Reggie B. Walton, Peter Pace, Marcy Wheeler, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Former White House aide Lewis “Scooter” Libby, found guilty of four felonies in the outing of CIA agent Valerie Plame Wilson (see March 6, 2007), is sentenced by Judge Reggie Walton to 30 months in jail, fined $250,000, and given two years’ probation. The sentence is at the low end of the 30-37 month recommendation provided by prosecutor Patrick Fitzgerald (see May 25, 2007). Libby’s plea for leniency is denied. An appeals court will refuse to allow Libby to remain free while he appeals the convictions. [National Review, 5/29/2007; Washington Post, 7/3/2007; BBC, 7/3/2007] “Many defendants are first offenders, most defendants have family. We need to make clear that the truth matters and one’s station in life does not matter,” says prosecutor Patrick Fitzgerald. “We had to… chase down rabbit holes that he took us down by lying to us… [the jury had] to sort through this fun house of mirrors.” Libby’s attorney Theodore Wells argues that because of the “public humiliation” caused to Libby by the trial, and because of Libby’s “exceptional public service to the nation,” he should be given no jail time. Libby’s co-counsel, William Jeffress, continues to insist that Plame Wilson was not covert, a position long since disproven (see Fall 1992 - 1996, Late 1990s-2001 and Possibly After, April 22, 1999, (July 11, 2003), Before July 14, 2003, July 22, 2003, July 30, 2003, September 30, 2003, October 11, 2003, October 22-24, 2003, January 9, 2006, February 13, 2006, September 6, 2006, and March 16, 2007), and attempts to assert that Libby did not actually expose her as a CIA agent, an argument again debunked during the proceedings. For himself, Libby speaks briefly, thanking the court for treating him kindly, and says he is ready for the sentence: “Now I realize fully the court must decide on punishment, and I hope the court will consider my whole life,” he says. In pronouncing sentence, Walton says: “I’ve watched these proceedings with a sense of sadness because I have the highest respect for government servants. It is important that we expect and demand a lot of people who are in those situations. They have a certain high level obligation when they occupy that situation. In this situation Libby failed to meet the bar.” [Raw Story, 6/5/2007] Libby will spend no time behind bars (see July 2, 2007).

Entity Tags: William Jeffress, Theodore Wells, Valerie Plame Wilson, Patrick J. Fitzgerald, Reggie B. Walton, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Legal analysts call Vice President Dick Cheney’s publicly expressed desire for convicted felon Lewis Libby (see March 6, 2007) to be freed “unusual” and “troubling.” They note that while Cheney and President Bush are friends and former colleages of Libby, they are also officials sworn to uphold the law and run the branch of government that prosecuted Libby. “It’s a disappointment whenever a person who occupies a high office and takes an oath doesn’t respond to a demonstrated serious criminal event in a serious governmental way,” says former Iran-Contra prosecutor John Barrett. “It’s an adversary process and I understand the personal dimension, but the United States is the side of the case that President Bush and Vice President Cheney are on. Those are their jobs.” Attorney Lance Cole, who worked with Democrats on the Senate Whitewater Committee, says, “Libby’s lies derailed the investigation, and Cheney’s role has never been fully explained; the comments of the president and especially the vice president are troubling in this context” (see May 25, 2007). Presidential scholar Stanley Kutler, author of The Wars of Watergate, a famous book on the Watergate scandal, says Cheney’s statement is unusual in a historical content. “I know of no time in Watergate where someone who was convicted got the warm embrace of those in power,” Kutler says. He calls allegations that Libby’s political activity was unfairly criminalized “spurious.” [Associated Press, 6/6/2007]

Entity Tags: Lance Cole, George W. Bush, Lewis (“Scooter”) Libby, John Barrett, Stanley Kutler, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Special prosecutor Patrick Fitzgerald urges Judge Reggie Walton not to delay convicted felon Lewis Libby’s 30-month jail sentence (see March 6, 2007 and June 5, 2007). Libby’s lawyers have argued that Libby should not have to begin his jail term until his appeal has concluded (see June 19, 2007). Fitzgerald has argued that the evidence against Libby was overwhelming, and the appeal is likely to bear little fruit. If Libby is ordered to jail, his lawyers are expected to ask the appeals court to put the sentence on hold. [Associated Press, 6/12/2007] Walton will not delay jailing Libby (see June 14, 2007), but President Bush will commute Libby’s sentence, sparing him the need to actually go to jail (see July 2, 2007).

Entity Tags: Patrick J. Fitzgerald, Reggie B. Walton, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Convicted perjurer Lewis Libby (see March 6, 2007) is told by Judge Reggie Walton he cannot delay starting his jail term (see June 5, 2007) while he appeals his conviction. Libby’s lawyers say they will seek an emergency order delaying Libby’s prison sentence. They are also appealing Libby’s conviction. [CBS News, 1/25/2007; BBC, 7/3/2007] Libby will spend no time behind bars (see July 2, 2007).

Entity Tags: Reggie B. Walton, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Washington Post columnist Richard Cohen, described by observers as a moderate liberal, castigates US Attorney Patrick Fitzgerald and the government lawyers who successfully prosecuted former White House senior aide Lewis (“Scooter”) Libby (see October 28, 2005 and March 6, 2007). Unlike some of his more conservative colleagues (see October 29, 2005, October 31, 2005, November 4, 2005, November 17, 2005, November 18, 2005, December 8, 2005, April 9, 2006, April 17, 2006, July 12, 2006, Late August-Early September, 2006, September 2-5, 2006, September 5, 2006, September 5, 2006, September 7, 2006, October 16, 2006, January 17, 2007, February 16, 2007, February 16, 2007, February 27, 2007, March 6, 2007, March 6, 2007, March 6, 2007, March 7, 2007, March 7, 2007, March 7, 2007, March 7, 2007, March 8-9, 2007, March 9, 2007, and March 11, 2007), Cohen does not plainly state that Libby is innocent of any crime. Rather, Cohen accuses Fitzgerald of doing the work of the “liberal press (especially the New York Times)” and “opponents of the Iraq war” in “mak[ing] a mountain out of a molehill.” The outing of clandestine CIA agent Valerie Plame Wilson (see July 14, 2003 and July 12, 2006) was nothing more than a “run-of-the-mill leak,” he writes. Moreover, he writes, Fitzgerald “wound up prosecuting not the leaker—Richard Armitage of the State Department (see June 13, 2003)—but Libby, convicted in the end of lying. Cohen justifies his claim by writing: “This is not an entirely trivial matter since government officials should not lie to grand juries, but neither should they be called to account for practicing the dark art of politics. As with sex or real estate, it is often best to keep the lights off.” Cohen goes on to call the Libby investigation “a train wreck—mile after mile of shame, infamy, embarrassment, and occasional farce.” He accuses Fitzgerald of using the power of his office to unjustly compel journalists to testify to their own knowledge and complicity in Libby’s leak. The Iraq war opponents “cheered” Fitzgerald on, Cohen writes, and goes on to say that those opponents “thought—if ‘thought’ can be used in this context—that if the thread was pulled on who had leaked the identity of Valerie Plame to Robert D. Novak, the effort to snooker an entire nation into war would unravel and this would show… who knows? Something. For some odd reason, the same people who were so appalled about government snooping, the USA Patriot Act, and other such threats to civil liberties cheered as the special prosecutor weed-whacked the press, jailed a reporter, and now will send a previously obscure government official to prison for 30 months.” Had the Iraq war only claimed 300 American lives and ended with a clear victory, Cohen writes, no one would have called for any such investigation. As it stands, he continues, the anti-war left and the “liberal press” demanded “scalps” and was given Libby’s. “Accountability is one thing,” Cohen writes. “By all means, let Congress investigate and conduct oversight hearings with relish and abandon. But a prosecution is a different matter. It entails the government at its most coercive—a power so immense and sometimes so secretive that it poses much more of a threat to civil liberties, including freedom of the press, than anything in the interstices of the scary Patriot Act.” He concludes by calling on President Bush to commute Libby’s sentence. [Washington Post, 6/19/2007; Salon, 6/19/2007] Cohen has previously asked that the prosecution of Libby be terminated (see October 13, 2005), called Libby’s prosecution “silly,” and misrepresented the facts behind the prosecution (see January 30, 2007). Author, columnist, and former civil liberties lawyer Glenn Greenwald, writing a response to Cohen’s column for his blog in the Internet news publication Salon, savages Cohen by mockingly “praising” Cohen’s column as perfectly “capturing the essence of our Beltway media.” Cohen’s exhortation to allow politics to be practiced with “the lights off” is, Greenwald asserts, “the central belief of our Beltway press.… If that isn’t the perfect motto for our bold, intrepid, hard-nosed political press, then nothing is.” Greenwald notes what he calls the “multiple falsehoods” of Cohen’s argument—the appointment of Fitzgerald to investigate the leak that outed Plame Wilson was not a result of pressure from the “liberal press” or what Cohen calls the “sanctimon[ious]” anti-war left, unless the CIA and the Justice Department are left-wing organizations (see July 30, 2003, Before September 16, 2003 and December 30, 2003). Greenwald writes that the core of Cohen’s apparent horror and indignation at the pursuit of the Plame Wilson leak is that his colleagues in the media were investigated and in one instance jailed (see July 6, 2005). “As any prosecutor knows—and Martha Stewart can attest—white-collar types tend to have a morbid fear of jail,” Greenwald quotes Cohen as writing. Greenwald responds: “Indeed, it is so terribly unfair to investigate powerful government officials because, as ‘white-collar types,’ they have a ‘morbid fear of jail’—in contrast, of course, to blue-collar types, and darker ones still, who really do not mind prison at all. Why would they? It’s their natural habitat, where they belong. That is what prison is for. That has been the real point here all along. The real injustice is that prison is simply not the place for the most powerful and entrenched members of the Beltway royal court, no matter how many crimes they commit. There is a grave indignity to watching our brave Republican elite be dragged before such lowly venues as a criminal court and be threatened with prison, as though they are common criminals or something. How disruptive and disrespectful and demeaning it all is.” Greenwald says that the “most valuable lesson of Cohen’s column… is that the overriding allegiance of our permanent Beltway ruling class is to the royal court which accords them their status and prestige. That overarching allegiance overrides, easily, any supposed partisan, ideological or other allegiances which, in their assigned roles, they are ostensibly defending.” Were the Beltway press to actually investigate and pursue stories instead of “snuggling” with their “friends” in government, it would expose corruption and foster justice, instead of encouraging corruption and fostering injustice. Greenwald concludes: “Our media stars have not merely stood idly by while our highest government officials engage in endless deceit and corruption. They actively defend it, enable it, justify it, and participate in it. Keeping the lights off is their principal function, one which—with rare and noble exceptions—they perform quite eagerly.” [Salon, 6/19/2007]

Entity Tags: Lewis (“Scooter”) Libby, Richard Armitage, New York Times, Richard Cohen, Glenn Greenwald, Valerie Plame Wilson, Robert Novak, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Convicted felon Lewis Libby (see March 6, 2007) asks a federal appeals court to delay his incarceration (see June 14, 2007). Libby says that because his appeal (see April 13, 2007) has a good chance of success, he should not be required to serve any of his sentence. [CBS News, 1/25/2007]

Entity Tags: Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Convicted felon Lewis Libby (see March 6, 2007), sentenced to 30 months in federal prison (see June 5, 2007), becomes federal inmate No. 28301-016. Libby’s inmate number is assigned by the US Bureau of Prisons, which is determining which facility he will be assigned to serve his time at. As a non-violent, first-time offender, Libby will likely be placed in a minimum-security prison camp. [Associated Press, 6/28/2007] Libby will not serve any jail time (see July 2, 2007).

Entity Tags: Lewis (“Scooter”) Libby, US Bureau of Prisons

Timeline Tags: Niger Uranium and Plame Outing

July 2, 2007: Bush Commutes Libby’s Sentence

Ending weeks of speculation, President Bush commutes the sentence of convicted felon and former White House aide Lewis “Scooter” Libby (see March 6, 2007 and June 5, 2007), calling the sentence “excessive.” Libby is now a free man, though he is still due to serve two years’ probation period and pay a $250,000 fine. Many Libby supporters, including Vice President Dick Cheney, have called upon Bush to pardon Libby [Politico, 7/2/2007; Washington Post, 7/3/2007; BBC, 7/3/2007] , but Bush stopped short of issuing a full pardon. [Washington Post, 7/3/2007] White House press secretary Tony Snow says that the White House did not bow to pressure from Republicans and conservative pundits to pardon or commute Libby’s sentence. “This has nothing to do with political pressure,” Snow says. “It has everything to do with justice.… The president is doing the right thing for a principled reason. For once, it might be refreshing for people to consider that principle tends to be governing in this White House and not polls. He’s laid out some highly defensible reasons and he takes his powers very seriously. If you take a look at pardons and commutations, they’ve been done very carefully in this White House. Not every White House has done that.” [Washington Post, 7/3/2007] Bush says in a written statement that he decided to “respect” the jury’s conviction of Libby, but adds that Libby’s “exceptional public service” and prior lack of a criminal record led him to conclude that the 30-month sentence handed down last month was “excessive.” Bush notes that he had previously promised not to intervene until Libby had exhausted all of his appeals, but because an appeals court denied Libby a delay in beginning his prison sentence (see July 2, 2007), Bush decided to act: “With the denial of bail being upheld and incarceration imminent, I believe it is now important to react to that decision.… The reputation he gained through his years of public service and professional work in the legal community is forever damaged. His wife and young children have also suffered immensely. He will remain on probation. The significant fines imposed by the judge will remain in effect. The consequences of his felony conviction on his former life as a lawyer, public servant, and private citizen will be long-lasting.” Libby’s lawyer Theodore Wells says in a statement that Libby and his family “wish to express their gratitude for the president’s decision today,” and says Libby will continue to pursue an appeal. Prosecutor Patrick Fitzgerald acknowledges Bush’s power to commute Libby’s sentence, but disputes the characterization of Libby’s sentence as excessive, saying: “An experienced federal judge considered extensive argument from the parties and then imposed a sentence consistent with the applicable laws. It is fundamental to the rule of law that all citizens stand before the bar of justice as equals. That principle guided the judge during both the trial and the sentencing.” [Politico, 7/2/2007; Washington Post, 7/3/2007]
Libby's Commutation Allows Refusal to Testify before Congress - Author Laura Rozen will note that by commuting Libby’s sentence instead of pardoning Libby, Bush allows Libby to retain the ability to refuse to testify before Congress on the grounds that he could incriminate himself. Thusly, Libby can avoid not only testifying about his own actions in the Valerie Plame Wilson leak affair, but about the roles of his former bosses, Bush and Cheney. [Wilson, 2007, pp. 388]
Split Reactions - The reactions to Libby’s commutation are split along largely partisan lines, with many Democrats and their supporters expressing their outrage over the decision to spare Libby from serving prison time (see July 2, 2007).

Entity Tags: Theodore Wells, Richard (“Dick”) Cheney, Patrick J. Fitzgerald, Laura Rozen, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Tony Snow, George W. Bush

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton, whose 30-month sentence of convicted felon Lewis Libby (see March 6, 2007 and June 5, 2007) was obviated by President Bush’s commutation of the sentence (see July 2, 2007), declines to comment on Bush’s action. In an email, Walton says, “To now say anything about sentencing on the heels of yesterday’s events will inevitably be construed as comments on the president’s commutation decision, which would be inappropriate.” [Canadian Broadcasting Company, 7/3/2007]

Entity Tags: George W. Bush, Reggie B. Walton, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

July 5, 2007: Libby Pays $250,400 Fine

Convicted felon Lewis Libby (see March 6, 2007 and June 5, 2007) pays his $250,000 fine, plus a $400 special assessment fee. With the commutation of his jail sentence by President Bush (see July 2, 2007), Libby is only required to serve two years’ probation to complete his sentencing requirements. [CBS News, 1/25/2007]

Entity Tags: Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Representative John Conyers (D-MI), chairman of the House Judiciary Committee, writes a letter to President Bush asking him to allow his top White House officials to explain why he commuted convicted felon Lewis Libby’s prison sentence (see July 2, 2007). Conyers says Bush should “waive executive privilege and provide relevant documents and testimony” about the decision. [CBS News, 1/25/2007] As far as is known, Conyers receives no reply from the White House.

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

Timeline Tags: Niger Uranium and Plame Outing

A federal district court in Washington dismisses the lawsuit filed by Joseph Wilson and Valerie Plame Wilson against four current and former White House officials (see July 13, 2006). Judge John C. Bates finds that while the lawsuit, asking for punitive damages against Vice President Dick Cheney, his former chief of staff Lewis Libby, White House political strategist Karl Rove, and former Deputy Secretary of State Richard Armitage for violating their rights in outing Plame Wilson as a CIA agent, may have merit, and the actions of the defendants were “highly unsavory,” there is no constitutional remedy for their claims. The Wilsons’ allegations pose “important questions relating to the propriety of actions undertaken by our highest government officials,” but the claims are dismissed on jurisdictional grounds. “Plaintiffs have failed to state a claim on which relief can be granted,” Bates finds. “This court lacks subject matter jurisdiction over plaintiffs’ claims for public disclosure of private facts.” The Wilsons will appeal the decision; their lawyer, Melanie Sloan, says in a statement: “While we are obviously very disappointed by today’s decision, we have always expected that this case would ultimately be decided by a higher court. We disagree with the court’s holding and intend to pursue this case vigorously to protect all Americans from vindictive government officials who abuse their power for their own political ends.” [Wilson, 2007, pp. 305; Bloomberg, 7/19/2007]

Entity Tags: Richard (“Dick”) Cheney, John C. Bates, Joseph C. Wilson, Karl C. Rove, Melanie Sloan, Valerie Plame Wilson, Richard Armitage, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

The cover of Plame Wilson’s ‘Fair Game.’The cover of Plame Wilson’s ‘Fair Game.’ [Source: Amazon (.com)]Former CIA spy and case officer Valerie Plame Wilson (see July 14, 2003), an expert on Iraqi WMD, publishes her memoir of her time in the CIA, Fair Game. The book’s publisher, Simon & Schuster, notes that significant amounts of material Plame Wilson originally wrote for the book were redacted by the CIA, and the redactions survived a lawsuit aimed at restoring them. “Accordingly,” the publisher writes, “Ms. Wilson’s portion of this book contains only that information that the CIA has deemed unclassified and has allowed her to include.” The portions the CIA ordered redacted are represented by blacked-out passages. Some of the incidents covered in the redacted material are revealed in an afterword written by journalist Laura Rozen. [Simon & Schuster, 9/19/2007 pdf file] On the subject of Iraqi WMDs, Plame Wilson writes: “[I]t is easy to surrender to a revisionist idea that all the WMD evidence against Iraq was fabricated. While it is true that powerful ideologues encouraged a war to prove their own geopolitical theories, and critical failures of judgment were made throughout the intelligence community in the spring and summer of 2002, Iraq, under its cruel dictator Saddam Hussein, was clearly a rogue nation that flouoted international treaties and norms in its quest for regional superiority.” Using material and information collected by the nonpartisan Center for Nonproliferation Studies, Plame Wilson notes that by 2001, Iraq had made progress in all three major areas of WMD.
Nuclear -
bullet Iraq could have “probably” fabricated a crude nuclear device if it had successfully secured enough uranium or plutonium.
bullet Iraq was a few years away from being able to produce its own weapons-grade fissile material.
bullet It had a large, experienced pool of nuclear weapons scientists and technicians, and viable plans for building nuclear devices.
bullet Iraq had actively sought equipment related to building nuclear devices.
bullet Iraq had repeatedly violated UN Resolution 687, which mandated that all materials and information related to the construction of nuclear weapons possessed by Iraq must be destroyed.
bullet Between 1972 and 1991, Iraq had an active and growing nuclear weapons development program involving some 10,000 people and $10 billion, and in 1990 it attempted to divert uranium sealed under an agreement with the International Atomic Energy Agency (IAEA) for nuclear weapons development.
bullet Iraq had plans for equipping existing Al-Hussein (modified Scud-B) missiles, with a 300-kilometer range, or possibly modifying Al-Hussein missiles, to fly as far as 650 kilometers. The US believed that, if allowed to work unchallenged, Iraq could build missiles capable of flying 3,000 kilometers within 5 years and build full-fledged ICBMs (intercontinental ballistic missiles) within 15 years.
bullet In 1987, Iraq had reportedly field-tested some sort of radiological bomb.
Biological -
bullet Iraq was believed to have retained stockpiles of biological weapons munitions, including over 150 aerial bombs and at least 25 Al-Hussein missiles with either chemical or biological warheads. At least 17 metric tons of bioweapons growth media remained unaccounted for. Iraq was also believed to possess weaponized strains of anthrax, smallpox, and camelpox. It had conducted tests on delivering biological and/or chemical payloads via unmanned “drone” aircraft.
bullet Iraq was believed to have bioweapons sprayers built to be deployed by its fleet of F-1 Mirage fighters.
bullet Iraq was believed to have kept hidden bioweapons laboratories capable of producing “dry” biological weapons, which have much longer shelf lives and can be deployed with greater dissemination. It was also thought to be able to produce anthrax, aflatoxin, botulism, and clostridium.
bullet During the 1990-91 Gulf War, Iraq had prepared, but not launched, a number of Al-Hussein missiles equipped with biological and/or chemical warheads.
bullet Iraq had repeatedly violated the mandate of UN Resolution 687, which required that all Iraqi bioweapons capabilities be destroyed.
Chemical -
bullet In 2001, Iraq was believed to possess a stockpile of chemical munitions, including at least 25 chemical or biologically-equipped Al-Hussein missiles, 2,000 aerial bombs, up to 25,000 rockets, and 15,000 artillery shells.
bullet Iraq was believed to have the means to produce hundreds of tons of mustard gas, VX toxin, and other nerve agents.
bullet Iraq was reconstructing its former dual-use chemical weapons facilities that had been destroyed during the 1991 Gulf War and during follow-up air strikes. A huge chemical arsenal had been destroyed by UN inspectors after the war.
bullet Iraq retained a large and experienced pool of scientists and technicians capable of making chemical weapons.
bullet In 1988 and 1989, Iraq had used chemical weapons against Iraqi Kurds, and from 1983 through 1989, had used chemical weapons against Iranian troops.
bullet Iraq had repeatedly violated UN Resolution 687, which mandated that all chemical weapons technology and materials in Iraqi hands be destroyed.
bullet Iraq was not a signatory to the Chemical Weapons Convention.
Plame Wilson writes that in 2001, the general view of Iraq among the US intelligence community was that the nation’s government was “dangerous and erratic,” and very interested in procuring chemical, biological, and nuclear weapons technology. The community’s knowledge of Iraq’s WMD program “was a huge puzzle with only a few pieces that fit together correctly.… [N]one of us knew what the completed puzzle would look like.” [Wilson, 2007, pp. 97-98]

Entity Tags: Laura Rozen, Simon and Schuster, Central Intelligence Agency, Center for Nonproliferation Studies, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Joseph Wilson and his wife, Valerie Plame Wilson, jointly respond to former White House press secretary Scott McClellan’s revelation that he had unknowingly misled the public as part of a White House campaign of deception surrounding the “outing” of Plame Wilson, then an undercover CIA agent (see November 20, 2007). The Wilsons quote the words of former President George H. W. Bush in labeling the Bush administration officials they believe betrayed Plame’s identity—Lewis Libby, Karl Rove, Richard Armitage, and Ari Fleischer—as “the most insidious of traitors” (see April 26, 1999). McClellan’s naming of George W. Bush as being “involved” in orchestrating the campaign of deception makes Bush, they write, a “party to a conspiracy by senior administration officials to defraud the public.” The two continue: “If that isn’t a high crime and misdemeanor then we don’t know what is. And if the president was merely an unwitting accomplice, then who lied to him? What is he doing to punish the person who misled the president to abuse his office? And why is that person still working in the executive branch?”
Criticism of Mainstream Media - The Wilsons are particularly irate at the general failure of the mainstream media, with the exception of several MSNBC pundits and reporters, to pay much attention to McClellan, instead dismissing it as “old news.” The Wilsons write: “The Washington press corps, whose pretension is to report and interpret events objectively, has been compromised in this matter as evidence presented in the courtroom demonstrated. Prominent journalists acted as witting agents of Rove, Libby and Armitage and covered up this serious breach of US national security rather than doing their duty as journalists to report it to the public.” They quote one reporter asking if McClellan’s statement was not anything more than “another Wilson publicity stunt.” The Wilsons respond: “Try following this tortuous logic: Dick Cheney runs an operation involving senior White House officials designed to betray the identity of a covert CIA officer and the press responds by trying to prove that the Wilsons are publicity seekers. What ever happened to reporting the news? Welcome to Through the Looking Glass.” They conclude with the question, again using the elder Bush’s words: “Where is the outrage? Where is the ‘contempt and anger?’” [Huffington Post, 11/22/2007]

Entity Tags: Scott McClellan, Valerie Plame Wilson, Richard Armitage, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Central Intelligence Agency, Bush administration (43), Ari Fleischer, MSNBC, George Herbert Walker Bush, Joseph C. Wilson, George W. Bush, Karl C. Rove

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda, Niger Uranium and Plame Outing

The White House refuses to allow special prosecutor Patrick Fitzgerald to turn over key documents from his investigation into the Valerie Plame Wilson identity leak to Congress, as requested by House Oversight Committee chairman Henry Waxman (D-CA) since June 2007 and revealed by Waxman today. Waxman has repeatedly requested reports of interviews by President Bush, Vice President Dick Cheney, and five top White House aides—White House political strategist Karl Rove, former press secretary Scott McClellan, former chief of staff Andrew Card, National Security Adviser Stephen Hadley, and former communications director Dan Bartlett. Waxman has also requested transcripts and other documents relevant to these officials’ testimony. According to Waxman, Fitzgerald is willing to turn over the documents to the committee, but cannot gain White House permission to do so. Waxman appeals to newly appointed Attorney General Michael Mukasey to overrule the White House and release the documents. “I hope you will not accede to the White House objections,” Waxman writes to Mukasey. “During the Clinton administration, your predecessor, Janet Reno, made an independent judgment and provided numerous FBI interview reports to the committee, including reports of interviews with President Clinton, Vice President Gore, and three White House chiefs of staff. I have been informed that Attorney General Reno neither sought nor obtained White House consent before providing these interview records to the committee. I believe the Justice Department should exercise the same independence in this case.… There is no legitimate basis for the withholding of these documents. Mr. Fitzgerald has apparently determined that these documents can be produced to the committee without infringing on his prosecutorial independence or violating the rules of grand jury secrecy. As records of statements made by White House officials to federal investigators, outside the framework of presidential decision-making, the documents could not be subject to a valid claim of executive privilege.” Mukasey will not accede to Waxman’s request. Many believe that even though Fitzgerald only managed to convict one White House official as a result of his investigation (see March 6, 2007), he compiled evidence that indicates others, including Cheney, were involved in leaking Plame Wilson’s CIA status. Fitzgerald has indicated that his investigation into other White House officials was drastically hindered by Libby’s repeated lies under oath (see 9:00 a.m. February 20, 2007 and May 25, 2007). Fitzgerald has declined to testify before Waxman’s committee, citing rules that prohibit him from revealing grand jury proceedings, and noting that prosecutors “traditionally refrain from commenting outside of the judicial process on the actions of persons not charged with criminal offenses.” [Washington Post, 12/3/2007] Waxman will continue, without success, to request the information (see June 3, 2008), though the White House will release heavily redacted transcripts of Libby’s grand jury testimony in the summer of 2008. [Murray Waas, 12/23/2008]

Entity Tags: George W. Bush, Stephen J. Hadley, Valerie Plame Wilson, Andrew Card, Dan Bartlett, Richard (“Dick”) Cheney, Scott McClellan, Michael Mukasey, Henry A. Waxman, House Committee on Oversight and Government Reform, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Janet Reno, Bush administration (43), Karl C. Rove

Timeline Tags: Niger Uranium and Plame Outing

While many inside and outside the Bush administration consider the recent National Intelligence Estimate (NIE) on Iran, which concluded that Iran halted its push towards building nuclear weapons in 2003 (see December 3, 2007), a disappointment, a small but influential group inside the Defense Department consider it a victory for their viewpoint. The NIE almost guarantees that Bush will not order any sort of military strike against Iran, a result sought by, among others, Defense Secretary Robert Gates, Joint Chiefs chairman Admiral Michael Mullen, and Admiral William Fallon, the supreme commander of US forces in the Middle East. All three have, in recent months, privately and publicly opposed the idea of going to war with Iran; indeed, the Pentagon’s intelligence units were instrumental in forming the NIE’s conclusions. Time reporter Mark Thompson writes, “Some critics have suggested that the military simply found a public way to quiet the drumbeat for war coming from Vice President Dick Cheney and his shrinking band of allies in the administration.” Additionally, some Pentagon officials believe that this NIE shows the US intelligence community is not as tied to ideological and political concerns as was evidenced by the 2002 NIE on Iraq (see October 1, 2002). For his part, Gates warns that the US and the international community must continue pressuring Iran to keep its nuclear-weapons program dormant, and “[a]s long as they continue with their enrichment activities, then the opportunity to resume that nuclear weapons program is always present.” But Gates adds that the NIE demonstrates that non-military actions are the best way to keep Iran’s nuclear program in check: “If anything, the new national estimate validates the administration’s strategy of bringing diplomatic and economic pressures to bear on the Iranian government to change its policies.” [Time, 12/5/2007]

Entity Tags: US Department of Defense, Bush administration (43), Mark Thompson, Michael Mullen, William Fallon, Richard (“Dick”) Cheney, Robert M. Gates

Timeline Tags: US confrontation with Iran

December 10, 2007: Libby Drops Appeal

Convicted felon Lewis “Scooter” Libby (see March 6, 2007), formerly the chief of staff for Vice President Dick Cheney, decides to drop his appeal of his convictions. [Washington Post, 7/3/2007] Libby’s lawyer, Theodore Wells, says Libby is dropping the appeal mainly because of the burden the legal maneuvering has placed on his family. “We remain firmly convinced of Mr. Libby’s innocence,” he says. “However, the realities were that after five years of government service by Mr. Libby and several years of defending against this case, the burden on Mr. Libby and his young family of continuing to pursue his complete vindication are too great to ask them to bear.… The appeal would lead only to a retrial, a process that would last even beyond the two years of supervised release, cost millions of dollars more than the fine he has already paid (see July 5, 2007), and entail many more hundreds of hours preparing for an all-consuming appeal and retrial.” Wells also says no one has discussed a pardon with President Bush. [CBS News, 1/25/2007; Associated Press, 12/10/2007] Libby’s conviction was commuted by Bush months before (see July 2, 2007).

Entity Tags: George W. Bush, Theodore Wells, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Center for Public Integrity logo.Center for Public Integrity logo. [Source: Center for Public Integrity]The Center for Public Integrity (CPI), a non-profit, non-partisan investigative journalism organization, releases an analysis of top Bush administration officials’ statements over the two years leading up to the March 18, 2003 invasion of Iraq.
Significance - Analysts and authors Charles Lewis and Mark Reading-Smith state that the analysis proves that the Bush administration engaged in deliberate deception to lead the country into war with Iraq, and disproves the administration’s contention that its officials were the victims of bad intelligence. CPI states that the analysis shows “the statements were part of an orchestrated campaign that effectively galvanized public opinion and, in the process, led the nation to war under decidedly false pretenses.” According to CPI’s findings, eight top administration officials made 935 false statements concerning either Iraq’s possession of weapons of mass destruction or Iraq’s links to al-Qaeda, between September 11, 2001 and the invasion itself. These statements were made on 532 separate occasions, by the following administration officials: President George W. Bush, Vice President Dick Cheney, Secretary of State Colin Powell, then-National Security Adviser Condoleezza Rice, then-Defense Secretary Donald Rumsfeld, then-Deputy Defense Secretary Paul Wolfowitz, and former White House press secretaries Ari Fleischer and Scott McClellan.
Foundation of Case for War - These deliberate falsehoods “were the underpinnings of the administration’s case for war,” says CPI executive director Bill Buzenberg. Lewis says, “Bush and the top officials of his administration have so far largely avoided the harsh, sustained glare of formal scrutiny about their personal responsibility for the litany of repeated, false statements in the run-up to the war in Iraq.” According to the analysis, Bush officials “methodically propagated erroneous information over the two years beginning on September 11, 2001.” The falsehoods dramatically escalated in August 2002, just before Congress passed a war resolution (see October 10, 2002). The falsehoods escalated again in the weeks before Bush’s State of the Union address (see 9:01 pm January 28, 2003) and Powell’s critical presentation to the United Nations (see February 5, 2003). All 935 falsehoods are available in a searchable database on the CPI Web site, and are sourced from what the organization calls “primary and secondary public sources, major news organizations and more than 25 government reports, books, articles, speeches, and interviews.” CPI finds that “officials with the most opportunities to make speeches, grant media interviews, and otherwise frame the public debate also made the most false statements.”
Breakdown - The tally of falsehoods is as follows:
bullet Bush: 260. 232 of those were about Iraqi WMD and 28 were about Iraq’s ties to al-Qaeda.
bullet Powell: 254, with 244 of those about Iraq’s WMD programs.
bullet Rumsfeld and Fleischer: 109 each.
bullet Wolfowitz: 85.
bullet Rice: 56.
bullet Cheney: 48.
bullet McClellan: 14.
The analysis only examines the statements of these eight officials, but, as CPI notes, “Other administration higher-ups, joined by Pentagon officials and Republican leaders in Congress, also routinely sounded false war alarms in the Washington echo chamber.”
An 'Impenetrable Din' - Lewis and Reading-Smith write that the “cumulative effect of these false statements,” amplified and echoed by intensive media coverage that by and large did not question the administration’s assertions, “was massive, with the media coverage creating an almost impenetrable din for several critical months in the run-up to war.” CPI asserts that most mainstream media outlets were so enthusiastically complicit in the push for war that they “provided additional, ‘independent’ validation of the Bush administration’s false statements about Iraq.” Lewis and Reading-Smith conclude: “Above all, the 935 false statements painstakingly presented here finally help to answer two all-too-familiar questions as they apply to Bush and his top advisers: What did they know, and when did they know it?” [Center for Public Integrity, 1/23/2008; Center for Public Integrity, 1/23/2008] The Washington Post’s Dan Froomkin approvingly calls the study “old-fashioned accountability journalism.” [Washington Post, 1/23/2008]

Entity Tags: Donald Rumsfeld, Charles Lewis, Center for Public Integrity, Bush administration (43), Bill Buzenberg, Ari Fleischer, Al-Qaeda, Colin Powell, Dan Froomkin, Richard (“Dick”) Cheney, Saddam Hussein, Condoleezza Rice, Scott McClellan, Paul Wolfowitz, George W. Bush, US Department of Defense, Mark Reading-Smith

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda, Niger Uranium and Plame Outing

Convicted felon Lewis “Scooter” Libby (see March 6, 2007), formerly the chief of staff for Vice President Dick Cheney, is disbarred from practicing law. The US Court of Appeals for the District of Columbia rules that when a lawyer “is convicted of an offense involving moral turpitude, disbarment is mandatory.” [CBS News, 1/25/2007; Reuters, 3/20/2008] Libby’s conviction was commuted by President Bush months before (see July 2, 2007). Libby has already been suspended from practicing law. Libby says he will not challenge the disbarment. [Jeralyn Merritt, 3/20/2008; Reuters, 3/20/2008]

Entity Tags: US Court of Appeals for the District of Columbia, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Henry Waxman (D-CA), the chairman of the House Oversight Committee, writes to Attorney General Michael Mukasey requesting access to the transcripts of interviews by President Bush and Vice President Cheney regarding the “outing” of CIA agent Valerie Plame Wilson (see Shortly after February 13, 2002). The interviews were conducted as part of the investigation of former Vice Presidential Chief of Staff Lewis “Scooter” Libby by special prosecutor Patrick Fitzgerald. Waxman notes that he made a similar request in December 2007 which has gone unfulfilled (see December 3, 2007). Waxman wants the reports from Bush and Cheney’s interviews, and the unredacted reports from the interviews with Libby, former White House Deputy Chief of Staff Karl Rove, former White House press secretary Scott McClellan, former National Security Adviser Condoleezza Rice, former White House aide Cathie Martin, “and other senior White House officials.” Information revealed by McClellan in conjuction with his new book What Happened, including McClellan’s statement that Bush and Cheney “directed me to go out there and exonerate Scooter Libby,” and his assertion that “Rove, Libby, and possibly Vice President Cheney… allowed me, even encouraged me, to repeat a lie,” adds to evidence from Libby’s interviews that Cheney may have been the source of the information that Wilson worked for the CIA. For Cheney to leak Wilson’s identity, and to then direct McClellan to mislead the public, “would be a major breach of trust,” Waxman writes. He adds that no argument can be made for withholding the documents on the basis of executive privilege, and notes that in 1997 and 1998, the Oversight Committee demanded and received FBI interviews with then-President Clinton and then-Vice President Gore without even consulting the White House. [US House of Representatives, 6/3/2008; TPM Muckraker, 6/3/2008]

Entity Tags: William Jefferson (“Bill”) Clinton, Karl C. Rove, Richard (“Dick”) Cheney, George W. Bush, Henry A. Waxman, Condoleezza Rice, Albert Arnold (“Al”) Gore, Jr., Catherine (“Cathie”) Martin, Scott McClellan, House Committee on Oversight and Government Reform, Lewis (“Scooter”) Libby, Michael Mukasey

Timeline Tags: Civil Liberties, Niger Uranium and Plame Outing

The Senate Intelligence Committee releases its long-awaited “Phase II” report on the Bush administration’s use of intelligence in convincing the country that it was necessary to invade Iraq. According to the report, none of the claims made by the administration—particularly that Iraq had WMD and that its government had working ties with Islamist terror organizations such as al-Qaeda—were based in any intelligence reporting. The committee released “Phase I” of its report in July 2004, covering the quality of intelligence used in making the case for war; the second phase was promised “soon afterwards” by the then-Republican leadership of the committee, but nothing was done until after Democrats took over the committee in November 2006. The report is the product of what the Associated Press calls “nasty partisan fight[ing]” among Republicans and Democrats, and largely fails to reveal much information that has not earlier been reported elsewhere. [Associated Press, 6/5/2008] The report is bipartisan in that two Republican committee members, Olympia Snowe (R-ME) and Chuck Hagel (R-NE), joined the committee’s Democrats to sign the report. [Hill, 6/5/2008]
False Linkages between Iraq, Al-Qaeda - Time magazine notes that the report “doesn’t break any new ground,” but tries “to make the case that President Bush and his advisers deliberately disregarded conflicting intel and misled Americans on the severity of the Iraqi threat.” Committee chairman John D. Rockefeller (D-WV) says: “It is my belief that the Bush administration was fixated on Iraq, and used the 9/11 attacks by al-Qaeda as justification for overthrowing Saddam Hussein. To accomplish this, top administration officials made repeated statements that falsely linked Iraq and al-Qaeda as a single threat.” [Time, 6/6/2008]
Examination of Five Speeches - The report looks at the statements of current and former Bush administration officials such as President Bush, Vice President Cheney, Secretary of State Colin Powell, and Defense Secretary Donald Rumsfeld, between October 2002 and the actual invasion of Iraq in March 2003 (see January 23, 2008), largely focusing on five speeches:
bullet Cheney’s speech to the Veterans of Foreign Wars National Convention (see August 26, 2002);
bullet Bush’s statement to the UN General Assembly (see September 12, 2002);
bullet Bush’s speech in Cincinnati (see October 7, 2002);
bullet Bush’s State of the Union speech (see 9:01 pm January 28, 2003);
bullet and Powell’s presentation to the United Nations Security Council (see February 5, 2003).
The report contrasts these speeches and statements to intelligence reports that have since then been released. The report only assesses the veracity of public comments made by Bush officials, and does not delve into any possible behind-the-scenes machinations by those officials or their surrogates. Some of the report’s conclusions:
bullet “Statements which indicated that [Saddam] Hussein was prepared to give WMDs to terrorists were inconsistent with existing intelligence at the time, as were statements that suggested a partnership between the two.”
bullet “Claims that airstrikes on their own would not be sufficient to destroy purported chemical and biological weapons in Iraq were unsubstantiated.”
bullet “Most statements that supported the theory that Hussein had access to or the capacity to build chemical, biological, or even nuclear weapons did not take into account the disagreements between intelligence agencies as to the credibility of the WMD allegations.”
'Statements beyond What the Intelligence Supported' - Rockefeller says the administration concealed information that contradicted their arguments that an invasion was necessary. “We might have avoided this catastrophe,” he says. The report finds that while many of the administration’s claims were supported by at least some intelligence findings, the administration routinely refused to mention dissents or uncertainties expressed by intelligence analysts about the information being presented. The committee’s five Republicans assail the report as little more than election-year partisanship, and accuse Democrats of using the report to cover for their own members, including Rockefeller and Carl Levin (D-MI), who supported the administration’s push for war at the time. [Senate Intelligence Committee, 6/5/2008 pdf file; Associated Press, 6/5/2008; Time, 6/6/2008] Rockefeller answers the Republican charges by saying, “[T]here is a fundamental difference between relying on incorrect intelligence and deliberately painting a picture to the American people that you know is not fully accurate.” Committee member Dianne Feinstein (D-CA) writes in a note attached to the report: “Even though the intelligence before the war supported inaccurate statements, this administration distorted the intelligence in order to build its case to go to war. The executive branch released only those findings that supported the argument, did not relay uncertainties, and at times made statements beyond what the intelligence supported.” [Huffington Post, 6/5/2008]

Entity Tags: Chuck Hagel, John D. Rockefeller, Colin Powell, Dianne Feinstein, Donald Rumsfeld, Bush administration (43), Carl Levin, Olympia Snowe, Al-Qaeda, Richard (“Dick”) Cheney, George W. Bush, Senate Intelligence Committee, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

The recently released Senate Intelligence Committee report on misleading, exaggerated, and inaccurate presentations of the prewar Iraqi threat by the Bush administration (see June 5, 2008) leaves out some significant material. The report says that the panel did not review “less formal communications between intelligence agencies and other parts of the executive branch.” The committee made no attempt to obtain White House records or interview administration officials because, the report says, such steps were considered beyond the scope of the report. Washington Post reporter Walter Pincus notes that “[o]ne obvious target for such an expanded inquiry would have been the records of the White House Iraq Group (WHIG), a group set up in August 2002 by then-White House Chief of Staff Andrew H. Card Jr.” WHIG (see August 2002) was composed of, among other senior White House officials, senior political adviser Karl Rove; the vice president’s chief of staff, Lewis “Scooter” Libby; communications strategists Karen Hughes, Mary Matalin, and James Wilkinson; legislative liaison Nicholas Calio; and a number of policy aides led by National Security Adviser Condoleezza Rice and her deputy, Stephen Hadley.
WHIG Led Marketing of War - Scott McClellan, the former White House press secretary, recently wrote in his book What Happened that WHIG “had been set up in the summer of 2002 to coordinate the marketing of the war to the public.… The script had been finalized with great care over the summer [for a] “campaign to convince Americans that war with Iraq was inevitable and necessary.” On September 6, 2002, Card hinted as much to reporters when he said, “From a marketing point of view, you don’t introduce new products in August” (see September 6, 2002). Two days later, the group scored its first hit with a front-page New York Times story about Iraq’s secret purchase of aluminum tubes that, the story said, could be used to produce nuclear weapons (see September 8, 2002). The information for that story came from “senior administration officials” now known to be members of WHIG. The story was the first to make the statement that “the first sign of a ‘smoking gun’ [proving the existence of an Iraqi nuclear weapons program] may be a mushroom cloud” (see September 4, 2002); that same morning, the same message was repeated three times by various senior administration officials on the Sunday talk shows (see September 8, 2002, September 8, 2002, and September 8, 2002). WHIG did not “deliberately mislead the public,” McClellan claimed in his book, but wrote that the “more fundamental problem was the way [Bush’s] advisers decided to pursue a political propaganda campaign to sell the war to the American people.… As the campaign accelerated,” caveats and qualifications were downplayed or dropped altogether. Contradictory intelligence was largely ignored or simply disregarded.”
Records Perusal Would 'Shed Light' - If indeed the White House “repeatedly presented intelligence as fact when it was unsubstantiated, contradicted, or even nonexistent,” as committee chairman John D. Rockefeller (D-WV) has said, then an examination of WHIG’s records would, Pincus writes, “shed much light” on the question. [Washington Post, 6/9/2008]

Entity Tags: New York Times, Karen Hughes, John D. Rockefeller, James R. Wilkinson, Condoleezza Rice, Bush administration (43), Andrew Card, Karl C. Rove, Mary Matalin, Senate Intelligence Committee, Stephen J. Hadley, Walter Pincus, White House Iraq Group, Nicholas E. Calio, Scott McClellan, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda

In a lengthy interview, terminally ill columnist Robert Novak says he would reveal the covert identity of former CIA official Valerie Plame Wilson again (see July 14, 2003), both because he feels he caused Plame Wilson no damage and because of his own personal desire for retribution against his critics. Novak says that while he expressed some “ambivalence” about his outing of Plame Wilson in his 2007 autobiography The Prince of Darkness, “Now I’m much less ambivalent. I’d go full speed ahead because of the hateful and beastly way in which my left-wing critics in the press and Congress tried to make a political affair out of it and tried to ruin me. My response now is this: The hell with you. They didn’t ruin me. I have my faith, my family, and a good life. A lot of people love me—or like me. So they failed. I would do the same thing over again because I don’t think I hurt Valerie Plame [Wilson] whatsoever.” [Washingtonian, 12/1/2008] Not only did Novak’s revelation of Plame Wilson’s identity do serious damage to the US intelligence community’s ability to learn of potential threats (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, and February 13, 2006), Plame Wilson has written that she feared for the lives of herself and her family after Novak’s outing (see July 14, 2003).

Entity Tags: Valerie Plame Wilson, Robert Novak, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Investigative reporter Seymour Hersh discusses his recent allegation that what he calls an “executive assassination wing” was run from the office of former Vice President Dick Cheney (see March 10, 2009). Interviewer Amy Goodman opens her segment with Hersh by playing what was apparently an implicit confirmation, to an extent, of Hersh’s claims from a former Cheney aide (see March 30, 2009). Hersh notes that the comments from the former aide, John Hannah, verify that “yes, we go after people suspected—that was the word he used—of crimes against America. And I have to tell you that there’s an executive order, signed by Jerry Ford, President Ford, in the ‘70s, forbidding such action. It’s not only contrary—it’s illegal, it’s immoral, it’s counterproductive.” Of the allegations that the “assassination wing” is operated through the military’s Joint Special Operations Command (JSOC), Hersh says: “[T]he problem with having military go kill people when they’re not directly in combat, these are asking American troops to go out and find people and… they go into countries without telling any of the authorities, the American ambassador, the CIA chief, certainly nobody in the government that we’re going into, and it’s far more than just in combat areas. There’s more—at least a dozen countries and perhaps more. [President Bush] has authorized these kinds of actions in the Middle East and also in Latin America, I will tell you, Central America, some countries. They’ve been—our boys have been told they can go and take the kind of executive action they need, and that’s simply—there’s no legal basis for it.… [T]he idea that the American president would think he has the constitutional power or the legal right to tell soldiers not engaged in immediate combat to go out and find people based on lists and execute them is just amazing to me.… And not only that, Amy, the thing about George Bush is, everything’s sort of done in plain sight. In his State of the Union address (see 9:01 pm January 28, 2003)… about a month and a half before we went into Iraq, Bush was describing the progress in the war, and he said—I’m paraphrasing, but this is pretty close—he said that we’ve captured more than 3,000 members of al-Qaeda and suspected members, people suspected of operations against us. And then he added with that little smile he has, ‘And let me tell you, some of those people will not be able to ever operate again. I can assure you that. They will not be in a position.’ He’s clearly talking about killing people, and to applause. So, there we are. I don’t back off what I said. I wish I hadn’t said it ad hoc… sometimes when you speak off the top, you’re not as precise.” JSOC, Hersh explains, is a group of Navy Seals, Delta Force soldiers, and other “commandos” (a word the soldiers don’t prefer, but, Hersh says, most journalists use), which has been “transmogrified, if you will, into this unit that goes after high-value targets.” Hersh explains the involvement of Cheney’s office: “And where Cheney comes in and the idea of an assassination ring—I actually said ‘wing,’ but of an assassination wing—that reports to Cheney was simply that they clear lists through the vice president’s office. He’s not sitting around picking targets. They clear the lists. And he’s certainly deeply involved, less and less as time went on, of course, but in the beginning very closely involved.” Goodman concludes by asking, “One question: Is the assassination wing continuing under President Obama?” Hersh replies: “How do I know? I hope not.” [Democracy Now!, 3/31/2009]

Entity Tags: Seymour Hersh

Timeline Tags: Civil Liberties

The Supreme Court refuses to hear an appeal concerning former CIA official Valerie Plame Wilson’s dismissed lawsuit against four Bush officials (see July 19, 2007). Plame Wilson had sued former Vice President Dick Cheney (see July 7-8, 2003), former White House political strategist Karl Rove (see July 8, 2003 and 11:00 a.m. July 11, 2003), convicted perjurer Lewis Libby (see March 6, 2007), and former Deputy Secretary of State Richard Armitage (see June 13, 2003), for deliberately disclosing her covert CIA status to reporters. Plame Wilson and her co-plaintiff, husband Joseph Wilson, have said their case is about “abuse of power at the highest level of American government.” The dismissal of their lawsuit was upheld by a federal appeals court in 2008. [Fox News, 6/22/2009] In May, Solicitor General Elena Kagan urged the Court to deny the Wilsons’ appeal, saying that the lawsuit did not meet the criteria of the 1974 Privacy Act. The law, Kagan argued, barred federal employees from being sued; only their agencies could be sued. [Mother Jones, 6/22/2009]

Entity Tags: Karl C. Rove, Joseph C. Wilson, US Supreme Court, Richard Armitage, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Elena Kagan

Timeline Tags: Niger Uranium and Plame Outing

Federal judge Emmet Sullivan rules that the FBI must publicly reveal information from its 2004 interview with then-Vice President Dick Cheney during the Valerie Plame Wilson leak investigation (see May 8, 2004). The information has been kept classified by both the Bush and Obama administrations, who have argued that future presidents, vice presidents, and their senior staff may not cooperate with criminal investigations if they know what they say could became public. Sullivan rules that there is no justification to withhold the FBI records of Cheney’s interview, since the leak investigation has long since concluded. Further, the idea that such a judgment may lead to future reluctance to cooperate with investigations is ‘incurably speculative’ and cannot affect his judgment. To rule in favor of the Bush and Obama administrations, Sullivan says, would be “breathtakingly broad” and “be in direct contravention of ‘the basic policy’ of” the Freedom of Information Act. He does allow some portions, affecting national security and private communications between Cheney and former President Bush, to be redacted. Those portions include details about Cheney’s talks with then-CIA Director George Tenet about Joseph Wilson’s trip to Niger (see February 21, 2002-March 4, 2002), talks with then-National Security Adviser Condoleezza Rice, discussions about Bush’s 2003 State of the Union address (see Mid-January 2003 and 9:01 pm January 28, 2003), discussions about how to respond to press inquiries about the leak of Plame Wilson’s identity, and Cheney’s involvement in declassification discussions. The Justice Department has previously indicated that it would appeal any ruling allowing the information of Cheney’s testimony to be made public. The declassification was sparked by a July 2008 lawsuit filed by the watchdog organization Citizens for Responsibility and Ethics in Washington (CREW), who filed a Freedom of Information Act request with the Justice Department seeking records related to Cheney’s interview in the investigation. In August, CREW sued for the records. CREW’s Melanie Sloan says the group hopes the Obama administration will reveal the entire record in the interest of transparency. “The American people deserve to know the truth about the role the vice president played in exposing Mrs. Wilson’s covert identity,” she says. “High-level government officials should not be permitted to hide their misconduct from public view.” [Associated Press, 10/1/2009; Politico, 10/1/2009]

Entity Tags: Melanie Sloan, Citizens for Responsibility and Ethics in Washington, Bush administration (43), Condoleezza Rice, George W. Bush, Obama administration, Richard (“Dick”) Cheney, Valerie Plame Wilson, US Department of Justice, Federal Bureau of Investigation

Timeline Tags: Niger Uranium and Plame Outing

According to a poll just released by Dartmouth professor Benjamin Valentino, 63 percent of self-identified Republicans still believe that Iraq under Saddam Hussein possessed weapons of mass destruction when the US invaded in March 2003 (see March 19, 2003). Twenty-seven percent of self-identified independents and 15 percent of self-identified Democrats hold that view. The question was: “Do you believe that the following statement is true or not true? ‘Iraq had weapons of mass destruction when the United States invaded in 2003.’” Reporter Dan Froomkin, commenting on the poll results, writes: “The Bush administration’s insistence that the Iraqi government had weapons of mass destruction and might give them to terrorists was a key selling point in its campaign to take the country to war (see September 30, 2001, 2002-2003, July 30, 2002, August 26, 2002, September 4, 2002, September 8, 2002, September 8, 2002, September 12, 2002, September 12, 2002, October 7, 2002, December 12, 2002, January 2003, January 9, 2003, 9:01 pm January 28, 2003, February 5, 2003, February 8, 2003, March 16-19, 2003, March 21, 2003, March 22, 2003, March 22, 2003, March 23, 2003, March 24, 2003, March 30, 2003, Late March 2003 and After, April 10, 2003, April 20, 2003, Between April 20, 2003 and April 30, 2003, May 28, 2003, May 29, 2003, June 2003, June 1, 2003, June 3, 2003, June 9, 2003, June 11, 2003, July 31, 2003, September 14, 2003, January 22, 2004, and March 24, 2004). It turned out to be untrue.… There is no reality-based argument that Iraq actually had WMD, after extensive searches found none (see 2002-March 2003, 2002, Mid-January 2002, March 22, 2002, May 2002-September 2002, September 2002, Late September 2002, September 24, 2002, September 28, 2002, Before October 7, 2002, December 2002, End of December 2002, December 3, 2002, January 9, 2003, January 28-29, 2003, February 20, 2003, March 7, 2003, March 8, 2003, May 4, 2003, May 25, 2003, May 30, 2003, June 2003, Early June 2003-Mid-June 2003, Between June 3, 2003 and June 17, 2003, Mid-June 2003, Early July 2003, July 11, 2003, July 20, 2003, July 29, 2003, July 30, 2003, August 16, 2003, October 2, 2003, October 2003, November 2, 2003, December 2003, December 2003, December 17, 2003, Mid-January 2004, January 20, 2004, January 23, 2004, January 27, 2004, January 28, 2004, February 8, 2004, and July 9, 2004), but this is hardly the first time many Americans have been certain of something that simply wasn’t true” (see May 14, 2003-May 18, 2003). The 65-question poll was conducted by YouGov from April 26 through May 2, 2012, and surveyed 1,056 respondents. It has a margin of error of plus/minus 3.18 percent. [Valentino, 6/20/2012 pdf file; Jim Lobe, 6/20/2012; Huffington Post, 6/21/2012]

Entity Tags: Dan Froomkin, Saddam Hussein, Benjamin Valentino

Timeline Tags: Iraq under US Occupation

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