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Context of 'March 7, 2007: Actor and Former Senator Blames Justice Department, Libby’s ‘Naivety’ for Guilty Verdict'

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Special counsel Patrick Fitzgerald grants former White House press secretary Ari Fleischer immunity from prosecution in return for his testimony in the Plame Wilson leak investigation. Fleischer is granted immunity from any criminal charge related to his involvement in the Plame Wilson identity leak (see July 7, 2003, 8:00 a.m. July 11, 2003, and 1:26 p.m. July 12, 2003) except “against charges of perjury, giving false statement, or otherwise failing to comply with the Order of the Court.” Fleischer will testify to the FBI several days later. [US District Court for the District of Columbia, 2/13/2004] In 2007, during the Lewis Libby trial, Fitzgerald will tell presiding Judge Reggie Walton (see January 25-27, 2007) that he opposed granting immunity to Fleischer because Fleischer’s lawyers refused to give a detailed “proffer” of what Fleischer would reveal. “They refused to give us a proffer,” Fitzgerald will say. “It wasn’t as if someone said ‘here’s what we’ll give you.’ It wasn’t something that we had laid out before us.… We were told he had relevant information. Frankly, I didn’t want to give him immunity, I was buying a pig in a poke. I did not know what we were going to get other than I knew it was going to be relevant to the case.” [Marcy Wheeler, 1/25/2007]

Entity Tags: Patrick J. Fitzgerald, Federal Bureau of Investigation, Reggie B. Walton, Bush administration (43), Ari Fleischer

Timeline Tags: Niger Uranium and Plame Outing

March 5, 2004: Libby Lies to Grand Jury

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

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

Timeline Tags: Niger Uranium and Plame Outing

March 24, 2004: Libby Lies to Grand Jury Again

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

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

Timeline Tags: Niger Uranium and Plame Outing

Judge Thomas Hogan.Judge Thomas Hogan. [Source: Washington City Paper]A federal judge orders New York Times reporter Judith Miller, who continues to refuse to comply with a subpoena in the Valerie Plame Wilson identity leak case (see December 30, 2003), to go to jail until she or the Times complies. Time magazine and its reporter Matthew Cooper have already agreed to comply with the subpoena, thereby sparing Cooper jail time (see July 1, 2005 and July 6, 2005). [Washington Post, 7/3/2007]
Refusal to Reveal Sources - Miller tells Judge Thomas Hogan: “Your Honor, in this case I cannot break my word just to stay out of jail. The right of civil disobedience based on personal conscience is fundamental to our system and honored throughout our history.… The freest and fairest societies are not only those with independent judiciaries, but those with an independent press that works every day to keep government accountable by publishing what the government might not want the public to know.… If journalists cannot be trusted to guarantee confidentiality, then journalists cannot function and there cannot be a free press.” Her attorney says, “Judy’s view is that any purported waiver she got from anyone (see January 2-5, 2004) was not on the face of it sufficiently broad, clear, and uncoerced.” Hogan, in sharp disagreement, calls Miller’s decision not to testify a possible “obstruction of justice.” [New York Times, 7/6/2005; New York Times, 7/7/2005; Wilson, 2007, pp. 222-223] He seems moved by Miller’s impassioned speech until she invokes her time in Iraq. At that point, according to reporter Marie Brenner, his face darkens. Special prosecutor Patrick Fitzgerald will later say, “Ms. Miller has great respect for the military who served in Iraq, as we should all do, but if one of those officers’ [lives] was compromised by the leak of classified information, we would want to see that justice was done.” [Vanity Fair, 4/2006] Hogan says Miller can leave the jail any time she likes. “She has the keys to release herself,” he says. “She has a waiver [from her source] she chooses not to recognize” (see January 2-5, 2004 and August 12, 2004 and After). She can “avoid even a minute of separation from her husband if she would do no more than just follow the law like every other citizen in America is required to do.” When Miller’s lawyers ask for home detention and denial of e-mail and cell phone access instead of incarceration, Hogan dryly retorts, referring to Miller’s extensive time spent in Iraq: “Certainly one who can handle the desert in wartime is far better equipped than the average person jailed in a federal facility.… Forced vacation at a comfortable home is not a compelling form of coercion.” [New York Times, 10/16/2005; Wilson, 2007, pp. 222-223] Miller will later tell a colleague: “I was told to put my medications in a Baggie, to understand that I would have no makeup, no personal items except for my pills.” Her lawyers tell her, “You are going in one door of the courthouse and out another.” [Vanity Fair, 4/2006]
'Draconian Act' - Times editor Bill Keller calls Miller’s incarceration “a chilling conclusion to an utterly confounding case,” and Fitzgerald’s decision to jail the reporter a “draconian act” that punishes “an honorable journalist” and will “serve future cover-ups of information that happens in the recesses of government and other powerful institutions.” Keller praises Miller’s “determination to honor her professional commitment,” noting that her defiance of the subpoenas “is not an attempt to put herself above the law. The law presented Judy with the choice between betraying a trust to a confidential source or going to jail. The choice she made is a brave and principled choice, and it reflects a valuing of individual conscience that has been part of this country’s tradition since its founding.” [New York Times, 7/7/2005]

Entity Tags: Patrick J. Fitzgerald, Marie Brenner, New York Times, Judith Miller, Matthew Cooper, Thomas Hogan, Time magazine, Bill Keller

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Neoconservative John Podhoretz, writing for the New York Post’s editorial page, provides much of the information the defense had attempted unsuccessfully to raise during the Libby perjury trial about NBC reporter Tim Russert (see February 14, 2007). Podhoretz is referring to a stipulation the jury heard in final testimony, written by former FBI agent John Eckenrode, who interviewed Russert about his knowledge and potential involvement in the press exposure of CIA official Valerie Plame Wilson (see November 24, 2003). In the interview, Russert said he did not speak to then-White House official Lewis Libby about Plame Wilson, and did not inform him of Plame Wilson’s CIA status, though he could not rule it out completely. Libby has told both the FBI (see October 14, 2003 and November 26, 2003) and a grand jury (see March 5, 2004 and March 24, 2004) that he learned of Plame Wilson’s CIA identity from Russert (see July 10 or 11, 2003). Russert gave a deposition for that same grand jury (see August 7, 2004) and testified in Libby’s trial (see February 7-8, 2007) that he was sure he never spoke to Libby about Plame Wilson. Podhoretz writes: “The question is: How could Russert’s memory of his July 2003 conversation with Libby improve over time? If he wasn’t sure about the details in November 2003, how could he be so certain about them when testifying before a grand jury in 2005? And be even more certain testifying in court in 2007? Should the jury believe Russert’s words now—or take more account of his words in November 2003?” (Podhoretz errs in stating Russert gave the deposition in 2005; he gave that deposition in August 2004.) Podhoretz then advises the Libby defense lawyers to use the apparent contradiction in their closing arguments, which are coming up in a matter of days: “The stipulation will allow the defense to make a strong case in closing arguments next week that Russert’s initial description of the phone call needs to be taken very seriously. The prosecution must prove its case beyond a reasonable doubt. The stipulation casts doubt on Russert’s firm testimony.” Podhoretz believes that the issue can likely lead the jury to find that it cannot conclude beyond a reasonable doubt that Libby perjured himself. Podhoretz concludes by misrepresenting Russert’s statement to Eckenrode: according to Podhoretz, all it took was a single phone call from the FBI for Russert to breach his professional ethics by revealing information about sources to Eckenrode, when in reality Russert told Eckenrode he did not learn of Plame Wilson’s identity from Libby, and battled the subpoena that compelled his testimony for the grand jury (see May 13-20, 2004, May 21, 2004, May 21, 2004, June 2004, June 2, 2004, and June 4, 2004). Podhoretz concludes, “[M]aybe, just maybe, Russert’s original words from November 2003—words he should never have spoken in the first place—will help get my friend Scooter out of his disgraceful mess.” [New York Post, 2/16/2007]

Entity Tags: John Podhoretz, John Eckenrode, Tim Russert, Lewis (“Scooter”) Libby, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

MSNBC ‘Breaking News’ image with photo of Lewis Libby immediately after he learns he is found guilty.MSNBC ‘Breaking News’ image with photo of Lewis Libby immediately after he learns he is found guilty. [Source: MSNBC]A jury finds former White House official Lewis “Scooter” Libby guilty of multiple felonies relating to his divulging the identity of former CIA agent Valerie Plame Wilson’s identity to the press (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Libby is found guilty of two counts of perjury, one count of making false statements, and one count of obstruction of justice. He is acquitted of one count of lying to the FBI, Count Three of the charges. [US District Court for the District of Columbia, 3/6/2007 pdf file; Marcy Wheeler, 3/6/2007; Washington Post, 7/3/2007; BBC, 7/3/2007]
No Further Charges - The Associated Press writes, “The trial revealed how top members of the Bush administration were eager to discredit Plame [Wilson]‘s husband, former ambassador Joseph Wilson, who accused the administration of doctoring prewar intelligence on Iraq.” Libby remains expressionless during the reading of the verdicts, but his wife sobs and lowers her head as the verdicts are announced. Prosecutor Patrick Fitzgerald says no additional charges pertaining to the Plame Wilson leak investigation will be filed. “The results are actually sad,” Fitzgerald tells reporters. “It’s sad that we had a situation where a high-level official person who worked in the office of the vice president obstructed justice and lied under oath. We wish that it had not happened, but it did.” Fitzgerald adds that Libby, by lying and obstructing justice, harmed the process of law, and made it more difficult to find out who actually did what in the Plame Wilson leak. [Associated Press, 3/6/2007; Christy Hardin Smith, 3/6/2007]
Libby the 'Fall Guy'; Memory Defense Implausible - Libby will be sentenced to 30 months in prison (see June 5, 2007). One juror, Denis Collins, tells reporters that he and his fellow jurors found passing judgment on Libby “unpleasant,” but that in final consideration, Libby’s story was too difficult to believe. Collins, a former Washington Post reporter, tells reporters that the jurors had constructed 34 poster-sized pages filled with information they distilled from the trial testimony (see March 1, 2007). They determined that Libby had been told about Plame Wilson’s CIA status at least nine different times, and could not accept the defense’s argument that he forgot about knowing it (see January 31, 2006). “Even if he forgot that someone told him about Mrs. Wilson, who had told him, it seemed very unlikely he would not have remembered about Mrs. Wilson,” Collins says. But, Collins goes on to say, the jurors believe there is more to the story than Libby’s criminal behavior. “We’re not saying we didn’t think Mr. Libby was guilty,” Collins says, “but it seemed like… he was the fall guy” for Vice President Dick Cheney, his former boss. Collins says the jurors felt “a tremendous amount of sympathy” for Libby, and wondered why they were not hearing from other White House officials in Libby’s defense, particularly Cheney and Bush political strategist Karl Rove. “It was said a number of times: ‘What are we doing with this guy here? Where’s Rove? Where are these other guys?’” He says that the testimony of Cheney aide John Hannah was particularly hurtful to Libby’s case (see February 13, 2007), with Hannah seesawing between claiming Libby had an “awful” memory (see January 31, 2006) and then saying he had an incredible grasp of minute details. Collins describes the jury as “dispassionate” in its deliberations, and adds that it took the jury over a week to conclude Libby was guilty of any charges. He says that one juror held out for Libby’s innocence on Count Three, based on reasonable doubt; otherwise the entire jury was unanimous for Libby’s guilt. Fitzgerald says that because Libby lied to both FBI investigators and the grand jury investigating the Plame Wilson identity leak, it became impossible to fully investigate Cheney’s role in leaking Plame Wilson’s covert identity. [Associated Press, 3/6/2007; Jane Hamsher, 3/6/2007; Marcy Wheeler, 3/6/2007; Murray Waas, 12/23/2008] In her 2007 book Fair Game, Plame Wilson will reflect, “[I]t seemed that Libby’s defense tactic of casting him as a ‘scapegoat’ (see January 16-23, 2007) had worked, but not in the way they had intended.” [Wilson, 2007, pp. 294-295]
New Trial? - Libby’s defense attorney, Theodore Wells, says he will request a new trial—something the BBC will call “a common tactic”—and if it is denied, Wells says he will appeal the verdict. Libby is fingerprinted and released on his own recognizance to await sentencing. [Christy Hardin Smith, 3/6/2007; BBC, 7/3/2007] “We have every confidence Mr. Libby ultimately will be vindicated,” Wells tells reporters. “We believe Mr. Libby is totally innocent and that he didn’t do anything wrong.” [Associated Press, 3/6/2007]
Weeping with Relief - Plame Wilson will recall watching the news on television: “To say I was a bundle of nerves—it felt like I needed two hands to stir the milk in my coffee—would be an understatement.” When the verdicts are read, she begins to “cry with relief,” and immediately calls her husband Joseph Wilson. His response: “Thank God. The charge of obstruction of justice was the most important.” Of her own feelings, Plame Wilson will write, “My feelings of deep sadness over the entire affair were tempered by relief that our justice system still worked as intended.” [Wilson, 2007, pp. 294-295]
White House Response - White House deputy press secretary Dana Perino says President Bush watched news of the verdict on television in the Oval Office. Perino says the president respects the jury’s verdict but “was saddened for Scooter Libby and his family.” Perino says the verdict should not be construed as in any way embarrassing for the White House: “I think that any administration that has to go through a prolonged news story that is unpleasant and one that is difficult—when you’re under the constraints and the policy of not commenting on an ongoing criminal matter—that can be very frustrating.” [Associated Press, 3/6/2007]

Entity Tags: Denis Collins, John Hannah, George W. Bush, Bush administration (43), Karl C. Rove, Dana Perino, Theodore Wells, Valerie Plame Wilson, Office of the Vice President, Lewis (“Scooter”) Libby, Joseph C. Wilson, Richard (“Dick”) Cheney, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Fred Thompson.Fred Thompson. [Source: Politico]Former US Senator Fred Dalton Thompson (R-TN), who plays an executive district attorney in the popular television crime drama Law and Order, writes a column for the National Review ironically titled “Law and Disorder,” lambasting the Lewis Libby trial verdict (see March 6, 2007). Thompson, who has aspirations to run for the Republican presidential nomination in 2008, says that special counsel Patrick Fitzgerald “look[ed] like a man who has dodged a bullet and is ready to get out of town” after his post-verdict press conference. Thompson labels the trial verdict a “sorry state of affairs” and says Libby was convicted for two reasons.
Justice Department 'Folded under Political and Media Pressure' - First, “the Justice Department folded under political and media pressure because of the Plame [Wilson] leak and appointed a special counsel,” thus “abdicat[ing] their official responsibility” to refuse to investigate the leak. Secondly, “[t]he Plame/Wilson defenders [referring to Valerie Plame Wilson and her husband, war critic Joseph Wilson] wanted administration blood because the administration had had the audacity to question the credibility of Joe Wilson and defend themselves against his charges.” The Justice Department, “in order to completely inoculate themselves, gave power and independence to Fitzgerald that was not available to Ken Starr, Lawrence Walsh, or any prior independent counsel under the old independent counsel law. Fitzgerald became unique in our judicial history in that he was accountable to no one. And here even if Justice had retained some authority they could hardly have asked Fitzgerald why he continued to pursue a non-crime because they knew from the beginning there was no crime.” Thompson writes that, once appointed special counsel, “Fitzgerald began his Sherman’s march through the law and the press until he thought he had finally come up with something to justify his lofty mandate—a case that would not have been brought in any other part of the country” (Thompson is referring to Washington, DC, which many conservatives consider an unusually liberal area of the nation; presumably he is arguing that the jury was unduly comprised of liberals—see January 16-23, 2007). The media, Thompson writes, was by then “suffering from Stockholm syndrome—[t]hey feared and loved Fitzgerald at the same time. He was establishing terrible precedent by his willingness to throw reporters in jail over much less than serious national security matters—the Ashcroft standard! Yet Fitzgerald was doing the Lord’s work in their eyes. This was a ‘bad leak,’ not a ‘good leak’ like the kind they like to use. And it was much better to get the Tim Russert and Ari Fleischer treatment than it is to get the Judith Miller treatment [referring to Russert’s supposed ‘preferential treatment’—see February 14, 2007 and February 16, 2007—Fleischer’s grant of immunity—see February 13, 2004—and Miller’s jailing for contempt—see July 6, 2005]. Fitzgerald paid no price for his prosecutorial inconsistencies, his erroneous public statements, or his possible conflicts of interest. And now they get to point out how this case revealed the ‘deep truths’ about the White House.”
2004 Testimony from Libby Undermined Claim of Innocence - The second reason Libby was convicted, Thompson writes, was his decision to testify before Fitzgerald’s grand jury “without counsel… with this controversy swirling around him while trying to remember and recount conversations with various news reporters—reporters who he knew would be interviewed about these conversations themselves” (see March 5, 2004 and March 24, 2004). (Libby is himself a lawyer, and spoke with White House counsel before testifying.) Libby’s decision to testify without the presence of counsel, says Thompson, is the action of “a man with nothing to hide… who doesn’t appreciate the position he is in or what or whom he is dealing with.” Libby was convicted out of actions stemming from his own “naivety” (sic), Thompson writes. [National Review, 3/7/2006]

Entity Tags: Tim Russert, Fred Thompson, Ari Fleischer, Joseph C. Wilson, Judith Miller, US Department of Justice, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald

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

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

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

Reactions to President Bush’s commutation of Lewis Libby’s prison sentence (see July 2, 2007) are mixed, and split largely along partisan divides.
Democrats: Commutation 'Disgraceful,' 'Tramples' on Principle of Equal Justice - Senate Majority Leader Harry Reid (D-NV) calls the decision “disgraceful” and says history will judge Bush “harshly” for it. Senator Barack Obama (D-IL), a 2008 presidential contender, says, “This is exactly the kind of politics we must change so we can begin restoring the American people’s faith in a government that puts the country’s progress ahead of the bitter partisanship of recent years.” Senator Hillary Clinton (D-NY), another presidential candidate, says Bush’s decision shows that “cronyism and ideology trump competence and justice.” Former Senator John Edwards (D-NC), another presidential contender, says, “Only a president clinically incapable of understanding that mistakes have consequences could take the action he did today.” Senator Joe Biden (D-DE), another presidential hopeful, states, “I call for all Americans to flood the White House with phone calls tomorrow expressing their outrage over this blatant disregard for the rule of law.” Senator Charles Schumer (D-NY) says: “As Independence Day nears, we’re reminded that one of the principles our forefathers fought for was equal justice under the law. This commutation completely tramples on that principle.” House Speaker Nancy Pelosi (D-CA) says Bush has “abandoned all sense of fairness when it comes to justice.… The president’s commutation of Scooter Libby’s prison sentence does not serve justice, condones criminal conduct, and is a betrayal of trust of the American people.” House Judiciary Committee chairman John Conyers (D-MI) says that “until now, it appeared that the president merely turned a blind eye to a high ranking administration official leaking classified information. The president’s action today makes it clear that he condones such activity.”
Republicans: Commutation 'the Right Thing' but Political Damage May Be Severe - While most Republican lawmakers do not issue public comments, House Minority Whip Roy Blunt (R-MO) says: “President Bush did the right thing today in commuting the prison term for Scooter Libby. The prison sentence was overly harsh, and the punishment did not fit the crime.” Former Senator Fred Thompson, also a 2008 presidential hopeful and a long-time supporter of Libby’s (see After October 28, 2005 and March 7, 2007), says Bush should issue a full pardon for Libby, adding, “This will allow a good American who has done a lot for his country to resume his life.” Republican presidential candidate Rudy Giuliani calls the commutation a “reasonable” and “correct” decision. [Bush commutes Libby prison sentence, 7/2/2007; CNN, 7/2/2007; Washington Post, 7/3/2007] But other Republicans are not so sanguine. “The dirty little secret is that in his own way, Bush has shown as much contempt for the law as [former President Bill] Clinton did,” says Curt Smith, a speechwriter for President George H. W. Bush. An unidentified Washington Republican says, “We have now witnessed the evisceration of the Bush presidency by its own hand.” A senior Republican operative observes: “Thirty months in jail was absolutely excessive, but zero is offensive to the average American. Commuting to 60 days in jail would have made this a lot more palatable to the average person.” [New York Daily News, 7/8/2007]
Wilson: Libby a 'Traitor' Who 'Endangered ... Country's National Security' - Joseph Wilson, a former ambassador and vehement war critic whose wife, Valerie Plame Wilson, was exposed as a covert CIA agent by Libby, says both he and his wife are “deeply disappointed” by Bush’s decision. “The president’s actions send the message that leaking classified information for political purposes is acceptable,” Wilson says. “Mr. Libby not only endangered Valerie and our family, but also our country’s national security.” Asked if he has anything to say to Libby, Wilson says with apparent anger: “I have nothing to say to Scooter Libby. I don’t owe this administration. They owe my wife and my family an apology for having betrayed her. Scooter Libby is a traitor.”
Law Professor Calls Commutation 'Hypocritical and Appalling' - Law professor Douglas Berman says the commutation is “hypocritical and appalling from a president whose Justice Department is always fighting” attempts by judges and lawmakers to lower the punishment called for under federal sentencing guidelines. Berman says Bush’s message amounted to “My friend Scooter shouldn’t have to serve 30 months in prison because I don’t want him to.” Most polls show overwhelming public support for Libby’s jailing. [Politico, 7/2/2007; CNN, 7/2/2007; Washington Post, 7/3/2007]

Entity Tags: Fred Thompson, Curt Smith, Valerie Plame Wilson, Douglas Berman, Charles Schumer, Barack Obama, Roy Blunt, Nancy Pelosi, Rudolph (“Rudy”) Giuliani, Joseph C. Wilson, Hillary Clinton, John Conyers, Harry Reid, Joseph Biden, George W. Bush, Lewis (“Scooter”) Libby, John Edwards

Timeline Tags: Niger Uranium and Plame Outing

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