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Context of 'March 17, 2006: Libby’s Lawyers Claim Client Did Not Intentionally Deceive FBI, Grand Jury in Plame Wilson Statements, Blame CIA/White House ‘Infighting’'

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In his 2008 book What Happened, then-deputy press secretary Scott McClellan will write that at this time, the covert “campaign to undermine [former ambassador] Joe Wilson’s credibility as a critic of the White House’s use of intelligence to bolster the case for war was beginning.” McClellan will write that the decision to keep President Bush “out of the loop” on the Wilson propaganda offensive was a deliberate decision made by top Bush officials—and Bush himself. McClellan will write: “The president and those around him agreed that, in Washington’s permanent campaign environment, the president was always to be shielded from the unsavory side of politics and any potential fallout. He would stay above the fray, uninvolved in the aggressive, under-the-radar counterpunching of his advisers. He purposely chose to know little of anything about the tactics they employed.” Presidential deniability, McClellan will note, is of paramount importance. [McClellan, 2008, pp. 166-167]

Entity Tags: Bush administration (43), Scott McClellan, Joseph C. Wilson, George W. Bush

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

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

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

Timeline Tags: Niger Uranium and Plame Outing

Lewis “Scooter” Libby, the chief of staff for Vice President Cheney, is interviewed by the FBI concerning the outing of CIA agent Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). [Office of the Vice President, 10/14/2003 pdf file; US District Court for the District of Columbia, 10/28/2005 pdf file; US District Court for the District of Columbia, 10/30/2006 pdf file; MSNBC, 2/21/2007] Libby tells investigators that in his conversations with reporters Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and Matthew Cooper (see 2:24 p.m. July 12, 2003) he was careful to tell them that the information about Plame Wilson was merely “unsubtianted gossip” and not necessarily reliable. He also claims that, before he spoke to either Miller or Cooper, he learned of Plame Wilson’s CIA status from another journalist, NBC’s Tim Russert (see July 10 or 11, 2003). Libby is lying in both instances (see August 7, 2004). [US District Court for the District of Columbia, 10/28/2005 pdf file; National Journal, 6/8/2006; US District Court for the District of Columbia, 10/30/2006 pdf file]

Entity Tags: Richard (“Dick”) Cheney, Judith Miller, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Matthew Cooper, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney, is interviewed for a second time (see October 14, 2003) by the FBI concerning the outing of CIA agent Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). [MSNBC, 2/21/2007] During one or both interviews, Libby insists that he learned of Plame Wilson’s identity from journalists (see July 10 or 11, 2003), a lie that will play a large part in his upcoming indictment (see October 28, 2005). Investigators are compiling evidence that he learned of Plame Wilson’s CIA status from Cheney and other senior government officials (see (June 12, 2003)). Some investigators will come to believe that Libby is lying, and continues to lie, to protect Cheney’s involvement in attempting to discredit Plame Wilson’s husband, war critic Joseph Wilson (see October 1, 2003). [National Journal, 2/2/2006]

Entity Tags: Lewis (“Scooter”) Libby, Valerie Plame Wilson, Federal Bureau of Investigation, Richard (“Dick”) Cheney

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

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

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

Timeline Tags: Niger Uranium and Plame Outing

Lewis Libby’s lawyers reveal a detailed outline of their planned defense strategy to combat government charges that their client committed perjury and obstructed justice (see October 28, 2005). Libby’s lawyers intend to offer what some call a “memory defense,” a claim that Libby did not deliberately lie to the FBI (see October 14, 2003 and November 26, 2003) or to special counsel Patrick Fitzgerald’s grand jury (see March 5, 2004 and March 24, 2004), but instead was a victim of his own confusion and faulty memory, a condition brought on by his preoccupation with national security matters. Libby’s lawyers have asked for a huge number of highly classified documents (see January 23, 2006 and January 31, 2006) to support his claim of being overworked due to his involvement in the administration’s battle against terrorism and other threats against the nation. The documents, the lawyers claim in a court filing, “are material to establishing that any misstatements he may have made were the result of confusion, mistake, and faulty memory resulting from his immersion in other, more significant matters, rather than deliberate lies.” Libby’s conversations with reporters during the summer of 2003 about CIA official Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, July 10 or 11, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003) “occurred in the midst of an unending torrent of meetings, briefings, and discussions of far more urgent and sensitive issues, including for example, the detection and prevention of terrorist attacks against the United States,” bringing stability to Iraq, and the spread of nuclear weapons in North Korea and Iran. Libby was “inundated from early in the morning until late at night with the most sensitive national security issues this country faces,” his lawyers say, and his faulty memory about what he did and did not tell reporters about Plame Wilson is insignificant compared to the other matters that were on his mind. [New York Times, 2/1/2006]

Entity Tags: Lewis (“Scooter”) Libby, Valerie Plame Wilson, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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