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Context of 'April 7, 2006: Editorial Accuses Fitzgerald of Considering Himself Accountable to No One'

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Eve Burton, the general counsel for the Hearst Corporation, says the success of the subpoenas and compelled testimony levied against reporters in the Plame Wilson identity leak investigation (see August 7, 2004, August 9, 2004, August 9, 2004, August 12, 2004 and After, August 24, 2004, September 13, 2004, September 15, 2004, October 7, 2004, October 13, 2004, December 2004, February 15, 2005, June 27, 2005, July 1, 2005, July 6, 2005, July 6, 2005, July 11, 2005, July 13, 2005, September 15, 2005, September 29, 2005, September 30, 2005, October 7, 2005, October 12, 2005, November 14, 2005, November 16-17, 2005, and January 20, 2006) has been chilling for reporters. She calls recent developments “troubling,” and continues, “From July to December [2005] we had 42 subpoenas, eight times the number we got in the same six-month period last year.” The language in all the court cases and filings “either invoke[s] the Plame case or they say that now all the rules have changed.” Burton blames the Bush Justice Department in part for the trend, saying: “It is clearly a political decision coming out of the Bush Justice Department to go after the press in this country. In our 42 subpoenas, they will come after anything and everything—B roll at the TV stations, for example. Basic general assignment reporting. A call will come in from the government: ‘I understand you took footage of Joe Blow!’ And the reporter at a station, usually inexperienced, will say, ‘No, we did not take any footage.’ Then we will end up having fights in court with the prosecutor about what constitutes a waiver.” The subpoenas at Hearst, Burton says, involve broadcast stations and newspapers all over the country. “Typically, it is non-published and confidential material” being subpoenaed, she says. “This is the danger of making the press the investigative arm for the government.” Burton and Hearst are fighting every subpoena, no matter how seemingly minor. Burton does not blame special prosecutor Patrick Fitzgerald as much as she blames the increasing lackadaisical attitude of the press itself. “The media has taken its responsibility to fight these subpoenas too loosely,” she says. “When we were fighting every single battle, we were doing better. Then we went through a time when we started to make deals. When you start making deals, you empower people to come after you. It is as simple as that.” [Vanity Fair, 4/2006]

Entity Tags: Eve Burton, Patrick J. Fitzgerald, US Department of Justice, Hearst Corporation

Timeline Tags: Niger Uranium and Plame Outing

Former White House official Lewis Libby, facing criminal charges of perjury and obstruction of justice for his involvement in the Valerie Plame Wilson identity leak (see October 28, 2005), joins the Hudson Institute, a conservative think tank that focuses on foreign policy and national security. Libby is a senior fellow whose focus will be issues related to terrorism and Asia, and will also advise the institute on strategic planning. Other prominent conservatives who are members of the Hudson Institute are former Reagan administration Solicitor General Robert Bork (see October 19-20, 1973 and July 1-October 23, 1987), and former National Security Agency Director William Odom (see September 16, 2004). Libby will be paid a salary commensurate with his White House remuneration of $160,000. [Washington Post, 1/6/2006]

Entity Tags: Robert Bork, Bush administration (43), Lewis (“Scooter”) Libby, Valerie Plame Wilson, William Odom, Hudson Institute

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald responds to a classified document request submitted by the Lewis Libby defense team (see December 14, 2005). Fitzgerald disputes lawyer John Cline’s characterization of the Office of Special Counsel as “allied with… the FBI, CIA, and the Office of the Vice President,” and notes that “we are not aligned with the various delineated government agencies other than the” FBI. Fitzgerald writes that his office will provide whatever requested documents it can, but many of the classified documents requested are not in its possession, and he doubts his office will ever be provided with many of them, particularly the extremely sensitive Presidential Daily Briefs. Others of the documents, such as some of Libby’s notes from his time in the Office of the Vice President, have not yet been provided; Fitzgerald says that once his office receives the documents, he will provide them to Libby’s lawyers. [Office of Special Counsel, 1/9/2006 pdf file]

Entity Tags: Lewis (“Scooter”) Libby, Central Intelligence Agency, Federal Bureau of Investigation, John Cline, Patrick J. Fitzgerald, Office of Special Counsel, Office of the Vice President

Timeline Tags: Niger Uranium and Plame Outing

The Internet news site Raw Story learns that Iranian exile and arms dealer Manucher Ghorbanifar (see December 9, 2001) attempted to peddle a fabricated story of stolen uranium to US and other Western governments in the spring and summer of 2003 (see March 7, 2003 and After). The story comes from US and foreign intelligence sources, and is confirmed by former CIA station chief Bill Murray. Ghorbanifar’s story, of an Iranian intelligence team infiltrating Iraq just before the March 2003 invasion and stealing enriched uranium to use in Iran’s nuclear weapons program, was apparently designed to earn him money as well as to embroil both Iran and Iraq in a spurious WMD plot. It is possible that a June 2003 meeting between Ghorbanifar and two US officials was part of his attempt to peddle the story (see June 2003). Ghorbanifar was extensively involved in the Iran-Contra scandal as a middleman between Iranian government officials and members of the Reagan administration (see July 18, 1985, July 25, 1985, December 8, 1985, and December 1986). [Raw Story, 1/11/2006]

Entity Tags: Raw Story, Bill Murray, Manucher Ghorbanifar

Timeline Tags: US confrontation with Iran

Controversial neoconservative Michael Ledeen, a consultant for the Bush Defense Department, confirms that he was a contributor to the Italian magazine Panorama. A Panorama reporter, Elisabetta Burba, was one of the first to come across forged documents that purported to prove Iraq had attempted to obtain weapons-grade uranium from Niger (see September 12, 2002 and Afternoon October 7, 2002). Ledeen is widely suspected of playing a role in channeling those forged documents to the CIA (see October 18, 2001, December 9, 2001, and April 3, 2005), though he has always denied doing so. Ledeen confirms that “several years ago” he was a “twice a month” contributor to Panorama, but refuses to give further details. He also denies, again, any involvement in the Niger documents: “I’ve said repeatedly, I have no involvement of any sort with the Niger story, and I have no knowledge of it aside from what has appeared in the press,” he writes. “I have not discussed it with any government person in any country.” Reporter Larisa Alexandrovna notes that Ledeen wrote for Panorama during the time that the magazine received the forgeries from an Italian intelligence peddler, and sent them from the US Embassy in Rome via backchannels to the US State Department. Around that same time, Ledeen also allegedly facilitated an unusual meeting between the head of Italy’s military intelligence agency and Stephen Hadley, the deputy national security adviser in the Bush administration (see September 9, 2002). Hadley has denied discussing anything about uranium during that meeting. [Raw Story, 1/17/2006]

Entity Tags: Larisa Alexandrovna, Bush administration (43), Elisabetta Burba, US Department of State, Stephen J. Hadley, Panorama, Michael Ledeen, US Department of Defense

Timeline Tags: Niger Uranium and Plame Outing

Lawyers for former vice-presidential chief of staff Lewis Libby, charged with perjury and obstruction of justice in the Valerie Plame Wilson identity leak case (see December 30, 2003 and January 16-23, 2007), say they will subpoena a number of journalists and news organizations. The lawyers say the journalists and news organizations’ notes and records will assist in defending their client. [Wall Street Journal, 1/21/2006; Washington Post, 7/3/2007] The defense also intends to ask for a large number of government documents, many of them classified. They do not say what they intend to ask for, or who they intend to subpoena, but they do alert Judge Reggie Walton that the trial could be significantly delayed during the subpoena and discovery processes. The prosecution is expected to resist some of Libby’s lawyers’ requests. [New York Times, 1/21/2006; Wall Street Journal, 1/21/2006] Criminal defense attorney Jeralyn Merritt, writing for the progressive blog TalkLeft, writes: “The government wants the case to be about whether Libby lied. The defense wants to complicate the case by asking for everything, from reporters’ notes to government agency records, not just about Libby but about Valerie Plame [Wilson] and especially, what others knew about her and from whom and when and where did they learn it. The defense will try to think of everything the government doesn’t want to turn over and it will ask for that. The media companies will battle Libby’s subpoenas, and Libby’s team is probably hoping that the trial court will rule in his favor, which in turn will result in an appeal by the media groups and a long delay of his trial.” [Jeralyn Merritt, 1/20/2006]

Entity Tags: Jeralyn Merritt, Reggie B. Walton, Valerie Plame Wilson, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Lewis Libby’s defense team files a motion with the US District Court to compel the discovery of documents and materials relating to a number of journalists in Libby’s upcoming trial (see January 20, 2006). The filing includes a request for the prosecution to turn over all the information it obtained from reporters about their confidential conversations with Bush administration sources in the course of its investigation. “There can be no information more material to the defense of a perjury case than information tending to show that the alleged false statements are, in fact, true or that they could be the result of mistake or confusion,” the lawyers argue. “Libby is entitled to know what the government knows.” After complaining that the prosecution has refused to provide numerous classified documents the defense has requested (see January 23, 2006), and reiterating its requests for a huge number of White House and CIA documents (see December 14, 2005), the motion asks that documents relating to NBC bureau chief Tim Russert (see July 10 or 11, 2003), Time reporter Matthew Cooper (see 11:00 a.m. July 11, 2003 and 2:24 p.m. July 12, 2003), New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003), and Washington Post reporter Bob Woodward (see November 14, 2005) be released to the defense. The defense also indicates its interest in information about NBC’s Andrea Mitchell and the Post’s Walter Pincus. [Washington Post, 1/27/2006; New York Times, 1/27/2006; US District Court for the District of Columbia, 1/26/2009 pdf file] Washington lawyer Charles Tobin says that the Libby defense move was expected, and is a result of the prosecution’s aggressive insistence on deposing journalists and forcing them to reveal confidential sources. “I think we could have expected that, when the prosecutor went on a fishing expedition, that the fish he caught would want to look back in the pail,” Tobin says. “The more this case develops, the further we seem to be getting from the core issues of the indictment—and more into the business of journalism and how news gets put out in this town.” [Washington Post, 1/27/2006]

Entity Tags: Judith Miller, Andrea Mitchell, Bob Woodward, Charles Tobin, Tim Russert, Bush administration (43), Walter Pincus, Matthew Cooper, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda, 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

In an article published in Foreign Affairs magazine, former CIA senior analyst Paul Pillar says that prewar-intelligence was misused by the administration to support its case for war. Pillar, the CIA’s national intelligence officer for the Near East and South Asia from 2000 to 2005, writes: “In the wake of the Iraq war, it has become clear that official intelligence analysis was not relied on in making even the most significant national security decisions, that intelligence was misused publicly to justify decisions already made.” The administration “went to war without requesting—and evidently without being influenced by—any strategic-level intelligence assessments on any aspect of Iraq.” According to Pillar, it was not until a year after the invasion that he first received a request for such an assessment. He also says that there was pressure on intelligence analysts to make their assessments conform to the administration’s policy, a claim that several others have made as well (see September 11, 2001-March 17, 2003; September 11, 2001-March 17, 2003). He describes a “poisonous atmosphere,” which “reinforced the disinclination within the intelligence community to challenge the consensus view about Iraqi WMD programs; any such challenge would have served merely to reaffirm the presumptions of the accusers.” Pillar also rejects the view that the administration went to war because of Iraq’s presumed ties to al-Qaeda. Rather the White House “hitch[ed] the Iraq expedition to the ‘war on terror’ and the threat the American public feared most, thereby capitalizing on the country’s militant post-9/11 mood.” Pillar suggests that the decision to go to war was instead driven by the idea that shaking up the Middle East would hasten the “spread of more liberal politics and economics in the region.” [CNN, 2/10/2006; Foreign Affairs, 3/2006]

Entity Tags: Bush administration (43), Paul R. Pillar

Timeline Tags: Events Leading to Iraq Invasion

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

February 3, 2006: Libby Trial Date Set

Judge Reggie Walton orders a preliminary date set for Lewis Libby’s trial on perjury and obstruction charges (see October 28, 2005). Walton orders the date set for January 8, 2007. The rather lengthy delay is, in part, due to one of Libby’s lawyers, Theodore Wells, having another trial already set for the fall of 2006. Special counsel Patrick Fitzgerald does not oppose the scheduling. [MSNBC, 2/3/2006; FireDogLake, 2/3/2006] “We are very happy with the trial date set by Judge Walton,” Wells says. “The January 8, 2007, date will permit us the time we need to prepare Mr. Libby’s defense. The defense will show that Mr. Libby is totally innocent, that he has not done anything wrong, and he looks forward to being totally vindicated by a jury.” [New York Times, 2/3/2006] Walton originally wanted the trial to happen in September 2006, but it was delayed because of Wells’s scheduling conflicts. [New York Times, 2/3/2006; Washington Note, 2/3/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Author and columnist David Corn, who was the first member of the media to speculate that Valerie Plame Wilson’s exposure as a CIA official may have been a crime (see July 16, 2003), now speculates that the Lewis Libby defense team may resort to “graymail” to derail Libby’s criminal prosecution (see After October 28, 2005 and January 31, 2006). Corn writes: “[Y]ears ago defense attorneys representing clients connected to the national security establishment—say, a former CIA employee gone bad—figured out a way to squeeze the government in order to win the case: Claim you need access to loads of classified information in order to mount a defense—more than might truly be necessary. Of course, the government is going to put up a fight. It may release some information—but not everything a thorough defense attorney will say is needed. The goal is to get the government to say no to the informant. Then the defense attorney can attempt to convince the judge that without access to this material he or she cannot put up an adequate defense. If the lawyer succeeds, it’s case dismissed. In such situations, the defendant is essentially saying, ‘Prosecute me and I’ll blow whatever government secrets I can.’” Corn notes the defense’s requests for 10 months of highly classified Presidential Daily Briefings (PDBs), a request that may yet be granted (see February 24, 2006) and as such, will set up a battle with the Bush White House, which is almost certain to refuse to release any PDBs. Corn also notes defense requests for information surrounding Plame Wilson’s covert CIA status (see Fall 1992 - 1996 and April 2001 and After), another request that, if granted, will likely be refused by the CIA. Both scenarios are openings for the defense to ask for the dismissal of all charges against their client. And Libby’s team may ask for further classified information, from the State Department, the National Security Council, and the Office of the President. [Nation, 2/6/2006]

Entity Tags: Valerie Plame Wilson, Bush administration (43), Central Intelligence Agency, Lewis (“Scooter”) Libby, David Corn

Timeline Tags: Niger Uranium and Plame Outing

Slate reporter John Dickerson, who formerly worked for Time magazine during the initial Plame Wilson identity leak investigation coverage, writes of his knowledge of, and participation in, the investigation, including his knowledge that White House official Karl Rove leaked Valerie Plame Wilson’s CIA identity to Dickerson’s colleague, Matthew Cooper (see 11:00 a.m. July 11, 2003). Dickerson co-wrote a July 2003 Time article with Cooper (see July 17, 2003) that led to Cooper’s subpoena from the Patrick Fitzgerald investigation (see August 9, 2004 and September 13, 2004), his being held in contempt of court (see October 13, 2004), and his eventual testimony (see July 13, 2005). However, Dickerson was never subpoenaed to testify before the Fitzgerald grand jury. He writes that he accompanied the gaggle of reporters with President Bush on his trip to Africa in July 2003, and of the extensive time spent by two “senior administration official[s]” telling him how partisan and unreliable Plame Wilson’s husband Joseph Wilson is, and how he should investigate what “low-level” CIA official sent Wilson to Niger (see July 11, 2003). “I thought I got the point,” Dickerson writes. “He’d been sent by someone around the rank of deputy assistant undersecretary or janitor.” Dickerson goes on to observe, “What struck me was how hard both officials were working to knock down Wilson” (see October 1, 2003). After returning from the trip, Cooper told Dickerson that Rove had informed him of Plame Wilson’s CIA identity. “So, that explained the wink-wink nudge-nudge I was getting about who sent Wilson,” Dickerson writes. Cooper and Dickerson were careful, Dickerson writes, to ensure that other reporters would not learn of Plame Wilson’s CIA identity from either of them. And Dickerson did not want to encroach on Cooper’s arrangement with Rove. Dickerson writes: “At this point the information about Valerie Plame was not the radioactive material it is today. No one knew she might have been a protected agent—and for whatever reason, the possibility didn’t occur to us or anyone else at the time. But it was still newsworthy that the White House was using her to make its case. That Scooter Libby and Karl Rove mentioned Plame to Matt was an example of how they were attempting to undermine Wilson. They were trying to make his trip look like a special family side deal not officially sanctioned by the agency.” [Slate, 2/7/2006; Slate, 2/7/2006] In 2007, former White House press secretary Ari Fleischer will testify that he informed Dickerson of Plame Wilson’s identity (see 8:00 a.m. July 11, 2003), a statement that Dickerson will dispute. [Slate, 1/29/2007]

Entity Tags: Lewis (“Scooter”) Libby, George W. Bush, Bush administration (43), Ari Fleischer, John Dickerson, Karl C. Rove, Patrick J. Fitzgerald, Time magazine, Valerie Plame Wilson, Matthew Cooper, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

The online news site Raw Story publishes an article claiming that the exposure of covert CIA agent Valerie Plame Wilson (see June 13, 2003, June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, July 12, 2003, and July 14, 2003) caused more damage to US national security than has previously been admitted, particularly in the area of containing foreign nuclear proliferation. Editor and reporter Larisa Alexandrovna sources the story from a number of anonymous current and former intelligence officials. Plame Wilson, the officials say, was an integral part of an operation tracking distribution and acquisition of weapons of mass destruction technology to and from Iran. Alexandrovna writes, “Their [the officials’] accounts suggest that Plame [Wilson]‘s outing was more serious than has previously been reported and carries grave implications for US national security and its ability to monitor Iran’s burgeoning nuclear program.” The officials say that while previous reports indicate Plame Wilson may have been involved in monitoring nuclear “black market” activities, particularly those involving Abdul Qadeer Khan (see Late February 1999), her real focus was Iran, though her team would have come into contact with Khan’s black market network during the course of its work on Iran’s nuclear program. Khan’s network is believed to have been the primary source of Iran’s nuclear weapons efforts. The officials refuse to identify the specifics of Plame Wilson’s work, but do say that her exposure resulted in “severe” damage to her team and significantly hampered the CIA’s ability to monitor nuclear proliferation. [Raw Story, 2/13/2006] The officials also say that the CIA conducted an “aggressive” in-house assessment of the damage caused by Plame Wilson’s exposure shortly after the White House leaked her identity to the press, and found the damage done by the leak “severe” (see Before September 16, 2003).

Entity Tags: Larisa Alexandrovna, Central Intelligence Agency, Raw Story, Valerie Plame Wilson, Abdul Qadeer Khan

Timeline Tags: Niger Uranium and Plame Outing

The media learns that Attorney General Alberto Gonzales has withheld White House e-mails from special prosecutor Patrick Fitzgerald. If revealed, those e-mails may shed light on which White House officials were involved in leaking the identity of covert CIA agent Valerie Plame Wilson to a number of reporters. Sources close to the Fitzgerald investigation team say that the e-mails may have the potential to incriminate Vice President Dick Cheney, his aides, and/or other White House officials involved in leaking Plame Wilson’s identity to the press. The sources also say that Cheney, in his 2004 testimony before Fitzgerald’s prosecutors, may have lied when he said that neither he nor any of his aides were involved in the Plame Wilson leak, and the e-mails could prove that Cheney was dishonest in his testimony. The e-mails Gonzales is withholding contain references to Plame Wilson’s identity and CIA status, and information regarding the inability to find WMD in Iraq. They also contain suggestions as to how White House officials could respond to increasingly negative criticisms about their conduct of the war from Plame Wilson’s husband, Joseph Wilson. Gonzales, who was the senior White House counsel at the time of the leak, coordinated the White House’s response to the FBI’s investigation of the leak (see May 8, 2004); he and other White House attorneys spent two weeks screening e-mails turned over to his office by some 2,000 staffers. Gonzales told Fitzgerald in 2005 that he had no intention of turning over the e-mails, because they contained classified intelligence information about Iraq in addition to minor references to Plame Wilson. The sources say Gonzales cited “executive privilege” and “national security concerns” as the reasons for not turning over some of the correspondence. Fitzgerald believes that other e-mails were intentionally “shredded” or deleted by either Gonzales or other White House officials. Fitzgerald has informed the judge presiding over the investigation that e-mails from the offices of Cheney and President Bush have not been saved. In a letter to the defense team of former Cheney chief of staff Lewis Libby, Fitzgerald has written, “In an abundance of caution, we advise you that we have learned that not all e-mail of the Office of the Vice President and the Executive Office of the President for certain time periods in 2003 was preserved through the normal archiving process on the White House computer system.” [Truthout (.org), 2/15/2006] The Wall Street Journal will write that the e-mails have been in the Libby team’s possession since February 6 (see February 6, 2006).

Entity Tags: Executive Office of the President, Alberto R. Gonzales, Bush administration (43), Lewis (“Scooter”) Libby, Office of the Vice President, Patrick J. Fitzgerald, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald makes a filing to the court in opposition to the Lewis Libby defense team’s requests for highly classified information (see December 14, 2005, January 9, 2006, January 23, 2006, January 31, 2006, and February 21, 2006), requests that some have characterized as an attempt to “graymail” the government (see After October 28, 2005, January 31, 2006, and February 6, 2006) by threatening to reveal national security secrets. In his brief, Fitzgerald calls the defense request for almost 11 months of Presidential Daily Briefings (PDBs) “breathtaking” and unnecessary for a perjury defense. “The defendant’s effort to make history in this case by seeking 277 PDBs in discovery—for the sole purpose of showing that he was ‘preoccupied’ with other matters when he gave testimony to the grand jury—is a transparent effort at ‘greymail.’” [Nation, 2/17/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Shortly after the press learns that White House counsel Alberto Gonzales has withheld White House e-mails from the Fitzgerald investigation (see February 15, 2006), the White House turns over some 250 pages of e-mails from Vice President Dick Cheney’s office. The e-mails were sent during the spring of 2003 by senior Cheney aides, and pertain to the leak of CIA official Valerie Plame Wilson’s covert identity to the press. Special counsel Patrick Fitzgerald reveals the “discovery” of the missing e-mails in court. According to reporter Jason Leopold, the contents of the e-mails are “explosive, and may prove that Cheney played an active role in the effort to discredit Plame Wilson’s husband, former ambassador Joseph Wilson, a vocal critic of the Bush administration’s pre-war Iraq intelligence.” According to Leopold’s sources, the e-mails could also prove that Cheney lied to FBI investigators when he was interviewed about the leak in early 2004 (see May 8, 2004). Cheney told investigators that he knew nothing of any effort to discredit Wilson or to expose his wife’s undercover status to reporters. However, the e-mails indicate that Cheney led an effort to discredit Wilson that began in March 2003, and used the CIA to dig up information on Wilson that could be used to dirty his reputation in the press (see March 9, 2003 and After). Some of the e-mails refer to Plame Wilson’s identity and CIA status, and reference the US military’s inability to find weapons of mass destruction in Iraq. The e-mails also contain suggestions from Cheney’s senior aides, and from staffers of the National Security Council, as to how the White House should respond to Wilson’s criticisms of the administration’s pre-war Iraq intelligence. Fitzgerald has been attempting to secure the “missing” e-mails since late January (see January 23, 2006). Gonzales is still refusing to turn over some of the e-mails, citing “executive privilege” and “national security” concerns. [Truthout (.org), 2/24/2006; Associated Press, 2/27/2006] On February 28, the Wall Street Journal will write that the e-mails have been in the Libby team’s possession since February 6, and that they contain nothing pertinent to the trial (see February 6, 2006).

Entity Tags: Joseph C. Wilson, Bush administration (43), Alberto R. Gonzales, Jason Leopold, Office of the Vice President, Patrick J. Fitzgerald, Valerie Plame Wilson, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Web site header graphic for the Libby Legal Defense Trust’s site, reduced in size.Web site header graphic for the Libby Legal Defense Trust’s site, reduced in size. [Source: Libby Legal Defense Trust] (click image to enlarge)Conservative media outlets such as the Web site Human Events announce the launch of scooterlibby.com, a Web site that coordinates and markets the fundraising efforts of the Lewis Libby defense fund (see After October 28, 2005). (The site also operates under the URL scooterlibby.org.) The chairman of the Libby Legal Defense Trust, Republican fundraiser and former ambassador Mel Sembler, writes on the front page of the site: “Since September 11, 2001, Lewis ‘Scooter’ Libby has been one of the unsung heroes in fighting the war on terror, working diligently and making countless contributions on some of the most critical life and death issues that our country has faced. For the past five years, Scooter Libby served selflessly as an assistant to President Bush and as the chief of staff and national security adviser to Vice President Cheney. But Scooter’s great service to our country has now been cut short, and his good name attacked. A distinguished group of friends, business leaders, and former government officials have joined the Libby Legal Defense Trust to help Scooter defray his legal costs from the recent charges. We hope you will join us in supporting this effort.” The site features an endorsement from Dick Cheney calling Libby “one of the most capable and talented individuals I have ever known.” [Human Events, 2/21/2006; Jeralyn Merritt, 2/21/2006; Libby Legal Defense Trust, 2/21/2006] Sembler says the group wants to raise $5 million for Libby’s defense. The group, staffed with veteran fundraisers who worked for the 2004 Bush-Cheney re-election campaign and other high-profile Republican campaigns, is believed to have raised almost half of that amount already. [Washington Post, 2/22/2006] In upcoming days, Slate editor John Dickerson will publish an analysis of the site’s efforts, calling it an attempt to “humanize” Libby and portray him as a selfless, innocent victim of government persecution (see February 27, 2006).

Entity Tags: Libby Legal Defense Trust, Mel Sembler, Human Events, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, John Dickerson

Timeline Tags: Niger Uranium and Plame Outing

Lawyers for indicted former White House official Lewis Libby (see October 28, 2005) move for the charges against their client to be dismissed, on the ground that special counsel Patrick Fitzgerald lacks the constitutional authority to bring such charges. The lawyers argue that Fitzgerald was improperly appointed by the Justice Department instead of by Congress (see December 30, 2003), and therefore no charges brought or evidence gathered by him and his office have any standing in the court. “Those constitutional and statutory provisions have been violated in this case,” Libby’s lawyers argue. Most legal observers doubt the motion will be granted. Former independent counsel Scott Fredericksen, who investigated Reagan-era scandals at the Department of Housing and Urban Development, says, “I think it’s a nice try, but I don’t give it much chance of success.” Legal experts say the Supreme Court ruled against a similar claim in 1998, in Morrison v. Olson. Government regulations clearly give the Justice Department the authority to appoint a special counsel when conflicts of interest within the department, or within the White House, make the normal procedures questionable. “The regulations that created the special counsel are safe from attack,” Fredericksen says. [Associated Press, 2/23/2006; US District Court for the District of Columbia, 2/23/2006 pdf file; Washington Post, 2/24/2006]

Entity Tags: Scott Fredericksen, Lewis (“Scooter”) Libby, US Department of Justice, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton rules that the defense team for indicted former White House official Lewis Libby (see October 28, 2005) will be provided copies of notes Libby took in 2003 and 2004, while he served as chief of staff to Vice President Dick Cheney. Libby’s lawyers have argued that their client needs these notes to prove that he did not lie to federal investigators about his involvement in the leak of covert CIA official Valerie Plame Wilson’s identity (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). Walton puts off a decision as to whether Libby can have copies of other materials, including copies of the highly classified Presidential Daily Briefs (PDBs—see January 31, 2006). Walton writes that he fears Libby’s request may “sabotage” the case because he expects President Bush to invoke executive privilege and refuse to turn over the PDBs. “The vice president—his boss—said these are the family jewels,” Walton notes, referring to previous descriptions of the PDBs by Cheney. “If the executive branch says, ‘This is too important to the welfare of the nation and we’re not going to comply,’ the criminal prosecution goes away.” Walton also denies a defense request to stop special counsel Patrick Fitzgerald from filing information for Walton’s review, such as strategy memos and classified information Fitzgerald wants withheld from Libby’s lawyers. Walton says he needs to see what Fitzgerald is withholding from the defense to ensure the prosecutor is making the correct call. [Jurist, 2/25/2006; Associated Press, 2/27/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Lawyers for indicted former White House official Lewis Libby (see October 28, 2005) say they intend to subpoena news reporters and organizations in defense of their client. Judge Reggie Walton, presiding over the upcoming trial, has yet to rule whether he will allow such subpoenas. Libby’s lawyers say they want to question journalists who have testified that they were the recipients of classified information from Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). Walton has set a deadline of April 7, 2006 for any subpoenaed journalists and news organizations to respond as to their intentions to testify in Libby’s trial. [NewsMax, 2/25/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton issues an order significantly curtailing the Lewis Libby defense team’s requests for highly classified White House materials (see After October 28, 2005, January 31, 2006, February 6, 2006, (February 16, 2006), and February 21, 2006). Walton’s orders indicate that he may accept the defense team’s requests for some, but not all, of the highly classified Presidential Daily Briefings (PDBs), requests that have become a source of conflict between the defense and the prosecution. “Upon closer reflection, it is becoming apparent to this court that what is possibly material to the defendant’s ability to develop his defense” is not every detail from the briefings that Libby received as Cheney’s national security adviser, Walton says. The defense says it needs the PDBs to establish how busy Libby was with national security matters and therefore bolster their expected defense of Libby’s failure to remember his conversations about outed CIA official Valerie Plame Wilson when he allegedly lied to the FBI and to the grand jury (Libby’s so-called “memory defense”—see October 14, 2003, November 26, 2003, March 5, 2004, March 24, 2004, and January 31, 2006). General descriptions of the briefings from specific time periods might be sufficient, Walton continues. Walton also asks the CIA to tell him what, if any, documents the Libby team has requested from it might be available. Washington attorney Lawrence Barcella says Walton’s efforts would hamper Libby’s defense strategy. “What makes the defense so viable is for him to show the enormity of what he dealt with on a daily basis,” Barcella says. “If you sanitize it just so you can get past the classified information issue, you significantly lessen the potential impact of it.” [Associated Press, 2/27/2006; US District Court for the District of Columbia, 2/27/2006 pdf file] Criminal defense attorney Jeralyn Merritt, writing for the progressive blog TalkLeft, states: “I think Libby has boxed himself in on his memory defense. He now has a huge burden to show that he was so preoccupied with other matters on six or seven different occasions that he couldn’t accurately remember what he told or was told by [reporters Judith] Miller, [Matthew] Cooper, and [Tim] Russert. It’s almost like using the space cadet defense many drug defendants offer, rarely sucessfully.” [Jeralyn Merritt, 2/27/2006]

Entity Tags: Reggie B. Walton, Bush administration (43), Jeralyn Merritt, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Lawrence Barcella

Timeline Tags: Niger Uranium and Plame Outing

According to progressive columnist and blogger Arianna Huffington, conservative MSNBC pundit Tucker Carlson is failing to inform his viewers and readers of his family’s connections to the Lewis Libby defense fund, even as he regularly defends Libby and criticizes his prosecution on his television show and on his blog. Carlson’s father, former Corporation for Public Broadcasting head Richard Carlson, is a heavy donor to the Libby defense fund and a member of the fund’s advisory committee (see After October 28, 2005). Tucker Carlson’s criticisms of special counsel Patrick Fitzgerald (see November 17, 2005) are prominently displayed on the defense fund’s Web site (see February 21, 2006). [Huffington Post, 2/28/2006]

Entity Tags: Libby Legal Defense Fund, Lewis (“Scooter”) Libby, Richard Carlson, Arianna Huffington, Tucker Carlson

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald files a motion with the court in the Lewis Libby perjury trial to deny the Libby team’s request for a wide array of documents (see February 27, 2006). Almost all of the filing is redacted before its release to the public, but it apparently specifies the documents Fitzgerald is opposed to collecting and releasing. [US District Court for the District of Columbia, 3/1/2009 pdf file]

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

Timeline Tags: Niger Uranium and Plame Outing

Former ambassador Joseph Wilson, still embroiled in controversy over his attempts to disprove the Bush administration’s claims that Iraq had attempted to purchase uranium from Niger (see February 21, 2002-March 4, 2002 and July 6, 2003), attends the National Day festivities in Morocco. While standing alone, he is approached by an American who identifies himself as a “leading member of the Washington evangelical movement.” Wilson expects to be reviled and lambasted, as has happened so many times before during his encounters with members of the Christian right. Instead, the man grasps his hand and whispers, “You should know that there are many of us that support you.” A surprised Wilson asks why, and the man replies, “[B]ecause we believe in truth, and we know that this government has lied.” [Wilson, 2007, pp. 174-175] Wilson will not identify the evangelical; it is not clear that he knows the man’s identity.

Entity Tags: Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton orders the CIA to turn over some of the highly classified intelligence briefings to the Lewis Libby defense team that it has requested (see March 2-7, 2006). Walton rejects CIA arguments that disclosure of the Presidential Daily Briefings (PDBs) would be detrimental to national security. He says the agency can either delete highly classified material from the briefings, or provide “topic overviews” of the matters covered in them. “It is unlikely that this court would permit anything other than the general topic areas of these documents to be introduced at trial,” he writes. “The defendant does not need the explicit details of the intelligence documents he desires to obtain. The general topics of the documents would provide the defendant exactly the information he seeks, listings of the pressing matters presented to him during the times relevant to the case.” Walton only grants 46 days’ worth of the PDBs, instead of the nine months’ worth the defense had originally asked for (see December 14, 2005). He also orders the CIA to give Libby an index of the topics covered in follow-up questions that the former White House aide asked intelligence officers who conducted the briefings. [Associated Press, 3/10/2006; US District Court for the District of Columbia, 3/10/2006 pdf file; US District Court for the District of Columbia, 3/10/2006 pdf file; New York Times, 3/11/2006] Criminal defense attorney Jeralyn Merritt writes: “These documents most likely will never be seen by us or the jury. They are to assist Libby with refreshing his memory.” [Jeralyn Merritt, 3/10/2006]

Entity Tags: Central Intelligence Agency, Reggie B. Walton, Jeralyn Merritt, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Several news organizations are subpoenaed by the Lewis Libby defense team (see February 27, 2006). The New York Times, NBC News, and Time magazine all say they have been subpoenaed for documents and records pertaining to Libby’s involvement in the Plame Wilson CIA identity leak. The Washington Post says it expects a subpoena as well. Libby’s lawyers want to use reporters to prove that Libby did not intentionally lie to the FBI (see October 14, 2003 and November 26, 2003) and to a grand jury (see March 5, 2004 and March 24, 2004) about disclosing Valerie Plame Wilson’s identity to the press. Instead, they intend to argue that Libby failed to remember important details about his conversations with reporters regarding Plame Wilson’s identity. The New York Times acknowledges that it has been asked to provide notes, e-mail messages, draft news articles, and all other documents that refer to Plame Wilson before July 14, 2003, when her identity was made public (see July 14, 2003), and information regarding its columnist Nicholas Kristof, who wrote an article featuring Plame Wilson’s husband, Joseph Wilson (see May 6, 2003). Times spokeswoman Catherine Mathis says the newspaper has not yet decided whether to comply with the subpoena. She says former Times reporter Judith Miller has received a separate subpoena (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). NBC’s Tim Russert (see July 10 or 11, 2003) and Time’s Matt Cooper (see 2:24 p.m. July 12, 2003) have also been subpoenaed. The Post anticipates receiving a subpoena for its managing editor Bob Woodward (see November 14, 2005 and November 16-17, 2005). [US District Court for the District of Columbia, 3/14/2006 pdf file; US District Court for the District of Columbia, 3/14/2006 pdf file; Reuters, 3/16/2006; New York Times, 3/16/2006] Robert Bennett, a lawyer for Miller, says she will most likely fight the subpoena. “It’s entirely too broad,” he says. “It’s highly likely we’ll be filing something with the court.” [New York Times, 3/16/2006]

Entity Tags: Lewis (“Scooter”) Libby, Judith Miller, Catherine Mathis, Bob Woodward, Washington Post, Valerie Plame Wilson, Tim Russert, Joseph C. Wilson, New York Times, NBC News, Matthew Cooper, Nicholas Kristof, Robert T. Bennett, Time magazine

Timeline Tags: Niger Uranium and Plame Outing

The Libby defense team files a motion asking the court to disallow the prosecution to present classified information to Judge Reggie Walton without the defense’s presence. Special counsel Patrick Fitzgerald intends to argue that certain classified information is not pertinent to the defense of accused perjurer Lewis Libby, and wants to share that information with Walton, but not with Libby’s lawyers. Fitzgerald has argued that the information must be kept secret in order to protect national security, an argument that Libby’s lawyers say “rings hollow.” They tout Libby, who leaked classified information to reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003), as someone who “has diligently protected some of this country’s most sensitive secrets throughout his many years of public service.” Fitzgerald has noted that an underlying criminal charge against Libby is the failure to adequately safeguard sensitive classified information. Walton has already ordered the government to turn over some classified information to the defense (see March 10, 2006). [Associated Press, 3/15/2006; US District Court for the District of Columbia, 3/15/2006 pdf file] Former state prosecutor Christy Hardin Smith observes that Libby has already violated his nondisclosure agreement against revealing classified information, and writes: “By breaking the law and releasing sensitive national security information, Scooter Libby forfeited his privilege of clearance—any presumption that he had the integrity to protect the nation’s secrets is gone. He is being treated like any other defendant in this situation—and who he worked for and how high his friends go in the government ought not matter one whit.” [Christy Hardin Smith, 3/16/2006]

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

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

Former Iraqi Prime Minister Iyad Allawi says that the violence in Iraq has reached the point of civil war and that his country is nearing a “point of no return.” Allawi, who leads a 25-member coalition of representatives in the Iraqi National Assembly, says: “It is unfortunate that we are in civil war. We are losing each day, as an average, 50 to 60 people through the country, if not more.” Answering claims that Iraq is not locked in such a conflict, Allawi says, “If this is not civil war, then God knows what civil war is.” General George Casey, commander of US forces in Iraq, contradicts Allawi, claiming, “We’re a long way from civil war.” Vice President Dick Cheney, part of an administration that is marking the three-year anniversary of the invasion of Iraq by US and coalition forces (see March 19, 2003) by presenting a unified front, echoes Casey’s remarks, and adds that the war must be viewed in a broader context. “It’s not just about Iraq, it’s not about just today’s situation in Iraq,” he says. “It’s about where we’re going to be 10 years from now in the Middle East and whether or not there’s going to be hope and the development of the governments that are responsive to the will of the people, that are not a threat to anyone, that are not safe havens for terror or manufacturers of weapons of mass destruction.” Cheney blames the news media for the perception that the war is going badly: “I think it has less to do with the statements we’ve made, which I think were basically accurate and reflect reality, than it does with the fact that there’s a constant sort of perception, if you will, that’s created because what’s newsworthy is the car bomb in Baghdad,” he says. Defense Secretary Donald Rumsfeld compares the Iraq war to the two great conflicts of his generation, World War II and the Cold War. “Turning our backs on postwar Iraq today would be the modern equivalent of handing postwar Germany back to the Nazis,” he writes in an op-ed published by the Washington Post. “It would be as great a disgrace as if we had asked the liberated nations of Eastern Europe to return to Soviet domination.” [New York Times, 3/19/2006]

Entity Tags: George Casey, Donald Rumsfeld, Richard (“Dick”) Cheney, Iraqi National Assembly, Iyad Allawi

Timeline Tags: Iraq under US Occupation

In an interview, Vice President Cheney says, “We had one report early on from another intelligence service that suggested that the lead hijacker, Mohamed Atta, had met with Iraqi intelligence officials in Prague, Czechoslovakia. And that reporting waxed and waned where the degree of confidence in it, and so forth, has been pretty well knocked down now at this stage, that that meeting ever took place. So we’ve never made the case, or argued the case that somehow [Saddam Hussein] was directly involved in 9/11. That evidence has never been forthcoming. But there—that’s a separate proposition from the question of whether or not there was some kind of a relationship between the Iraqi government, Iraqi intelligence services and the al-Qaeda organization.” [White House, 3/29/2006] This is a reversal for Cheney, who strongly argued that the meeting took place, even after most experts concluded that it did not (see June 17, 2004).

Entity Tags: Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion

The Lewis Libby defense team accuses special counsel Patrick Fitzgerald of changing and narrowing his original broadly worded investigative mandate (see December 30, 2003) in order to avoid having his case against Libby dismissed. In a court filing, Libby’s team accuses Fitzgerald and the former Justice Department official who appointed him, James Comey, of rewriting Fitzgerald’s original mandate. According to Libby’s lawyers, the original mandate of what they call “unsupervised and undirected power” requires that Fitzgerald be relieved of his duties and all the results of his investigation, including any evidence of wrongdoing, be voided. “The government attempts to salvage the appointment by submitting two affidavits recently prepared by Mr. Comey and Mr. Fitzgerald, claiming that their previously undisclosed, subjective understanding of the appointment was narrower,” Libby’s lawyers write, apparently referring to Fitzgerald’s recent assertion that the Libby prosecution is about perjury and obstruction of justice, not about the leak of former CIA official Valerie Plame Wilson’s covert agency status. “Mr. Comey now asserts that ‘it was my intention that the special counsel would follow substantive department policies’ in exercising that authority,” the lawyers note, not to follow what they say was Fitzgerald’s unrestricted investigation that, they allege, violated Justice Department policies. The lawyers also reiterate their claim that Fitzgerald’s appointment is unconstitutional because he should have been appointed by Congress, not the Justice Department (see February 23, 2006). [US District Court for the District of Columbia, 3/31/2006 pdf file; Associated Press, 4/1/2006; Associated Press, 4/1/2006] Judge Reggie Walton will refuse to dismiss the charges (see April 26, 2006).

Entity Tags: Reggie B. Walton, James B. Comey Jr., Patrick J. Fitzgerald, US Department of Justice, Valerie Plame Wilson, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Representative Jane Harman (D-CA), the ranking member of the House Intelligence Committee, says she is appalled at President Bush’s 2003 decision to leak portions of the October 2002 National Intelligence Estimate, as Vice President Dick Cheney’s former chief of staff Lewis Libby has testified (see March 24, 2004). Portions of Libby’s testimony are just now becoming public knowledge. “Leaking classified information to the press when you want to get your side out or silence your critics is not appropriate,” Harman says. “If I had leaked the information, I’d be in jail. Why should the president be above the law? I am stunned.” [National Journal, 6/14/2006]

Entity Tags: Lewis (“Scooter”) Libby, George W. Bush, Jane Harman

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald responds to the Lewis Libby defense team’s third motion to compel the discovery of a huge number of classified documents (see March 17, 2006), including Presidential Daily Briefings, the October 2002 National Intelligence Estimate on Iraq (see October 1, 2002), and a raft of CIA documents. Judge Reggie Walton has already allowed the discovery of some of the requested documents (see March 10, 2006). Fitzgerald writes that Libby is seeking “nearly every document generated by four large executive branch entities relating to Ambassador Joseph Wilson’s trip to Niger” (see February 21, 2002-March 4, 2002), and notes that such a request is overly broad, unnecessary for a perjury defense, and relies on an incorrect reading of the law. The request, Fitzgerald writes, “is premised on relevance arguments which overlook the fact that defendant is charged with perjury, not a conspiracy to commit various other crimes.” Hence the requsted documents go “far beyond the scope of what is relevant to the charges contained in the indictment.” [US District Court for the District of Columbia, 4/5/2006 pdf file; New York Sun, 4/7/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Representative Henry Waxman (D-CA), the ranking minority member of the House Oversight Committee, writes a letter to President Bush requesting a “full accounting” of two events that raise the question of whether the White House engaged in what Waxman calls “a systematic abuse of the national security classification process for political purposes.” Waxman is referring to recent press reports that Bush, through Vice President Dick Cheney, authorized former White House official Lewis Libby to leak classified information to reporters “in order to blunt criticism from former ambassador Joe Wilson about your improper use of intelligence in the run-up to war” (see April 5, 2006). He is also referring to recent allegations that Bush and his administration officials failed to alert the public that months before the March 2003 invasion of Iraq, they knew that claims of Iraqi nuclear weapons were likely false. Waxman asks for a full accounting of these matters, and for the declassification of the President’s Summary of the October 2002 National Intelligence Estimate (see October 1, 2002). [House Committee on Oversight and Government Reform, 4/6/2006] It is unclear whether Waxman ever receives a reply to his letter.

Entity Tags: Henry A. Waxman, George W. Bush, House Committee on Oversight and Government Reform, Richard (“Dick”) Cheney, Joseph C. Wilson, Bush administration (43)

Timeline Tags: Civil Liberties, Niger Uranium and Plame Outing

In an editorial, the New York Sun writes that special counsel Patrick Fitzgerald seems to believe that he is the government, accountable to no one but himself. The Sun bases this claim on what it calls a “brazen” attempt to deny the Lewis Libby defense team its request for a large number of highly classified documents (see April 5, 2006). The Sun terms Fitzgerald “breathtakingly arrogant for a prosecutor who has pointedly not limited his charges to the indictment,” and reminds its readers that Fitzgerald told the nation that the Libby perjury case involved “compromising national security information” (see October 28, 2005). [New York Sun, 4/7/2006]

Entity Tags: New York Sun, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Former prosecutor Joseph diGenova, a veteran Washington attorney with deep Republican ties, says he believes President Bush will pardon former White House official Lewis Libby (see October 28, 2005). “I can’t imagine this case going to trial,” diGenova says. “You’ll see a pardon first.” [Los Angeles Times, 4/9/2006] DiGenova has previously stated that he believes no crime was committed by leaking Valerie Plame Wilson’s CIA identity to the public, in part because her identity was “well known” (see February 10, 2004).

Entity Tags: Joseph diGenova, Lewis (“Scooter”) Libby, Valerie Plame Wilson, George W. Bush

Timeline Tags: Niger Uranium and Plame Outing

Former Secretary of State Colin Powell tells reporter Robert Scheer that neither he nor any of the State Department’s top experts believed that Iraq ever posed an imminent nuclear threat, contrary to the statements of President Bush, Vice President Dick Cheney, and other top White House officials. Powell says that Bush followed the advice of Cheney and the CIA (see October 1, 2002) in making the claim (see Mid-January 2003 and 9:01 pm January 28, 2003) and taking the country to war in Iraq. Scheer asks Powell why, in light of the State Department’s own intelligence bureau correctly concluding that the claims that Iraq attempted to buy uranium from Niger were false (see March 1, 2002, March 4, 2002, Mid-October 2002, and January 12, 2003), Bush ignored that information in making his case for war? Powell responds: “The CIA was pushing the aluminum tube argument heavily (see March 7, 2003) and Cheney went with that instead of what our guys wrote. That was a big mistake. It should never have been in the speech. I didn’t need [former ambassador Joseph] Wilson to tell me that there wasn’t a Niger connection. He didn’t tell us anything we didn’t already know. I never believed it” (see January 26, 2003). Powell adds that the responsibility for pressing the argument that Iraq was a nuclear threat was not Bush’s; rather, “That was all Cheney.” In his article, Scheer asks, “Why was this doubt, on the part of the secretary of state and others, about the salient facts justifying the invasion of Iraq kept from the public until we heard the truth from whistle-blower Wilson, whose credibility the president then sought to destroy?” [Truthdig, 4/11/2006]

Entity Tags: Robert Scheer, Bush administration (43), Central Intelligence Agency, Richard (“Dick”) Cheney, Colin Powell, US Department of State, Joseph C. Wilson, George W. Bush

Timeline Tags: Events Leading to Iraq Invasion

A former senior government official says that President Bush’s selective declassification of portions of the National Intelligence Estimate (NIE—see October 1, 2002) for political purposes (see April 5, 2006), as testified to by Lewis Libby (see March 5, 2004 and March 24, 2004), was a misuse of the classification process for political reasons. Bush and his top officials released certain sections of the NIE to journalists (see 8:30 a.m. July 8, 2003) in an attempt to bolster their arguments in favor of invading Iraq, yet concealed other sections that showed how they misrepresented intelligence to suit their arguments. The former senior official says that the selective declassification was intertwined with the attempts to besmirch the reputation of war critic Joseph Wilson: “It was part and parcel of the same effort, but people don’t see it in that context yet.” The identify of the official is unstated. [National Journal, 4/6/2006] In 2007, Wilson’s wife, current senior CIA case officer Valerie Plame Wilson, will write that she experiences “a rush of relief” upon reading a New York Times story that reveals the “selective declassification” and the Times’s conclusion that “[i]t is hard to conceive of what evidence there could be that would disprove the existence of White House efforts to punish Wilson” (see April 5, 2006). [Wilson, 2007, pp. 244]

Entity Tags: Joseph C. Wilson, Valerie Plame Wilson, Lewis (“Scooter”) Libby, George W. Bush

Timeline Tags: Niger Uranium and Plame Outing

Lewis Libby’s defense team files a response to special counsel Patrick Fitzgerald’s rejection of its demands for more classified documents (see April 5, 2006).
Defense Lawyers Intend to Subpoena Wilson, White House Officials - In the filing, Libby’s lawyers indicate that they intend to call for testimony a number of people involved in the Plame Wilson leak, including former ambassador Joseph Wilson (see February 21, 2002-March 4, 2002 and July 6, 2003), White House political strategist Karl Rove (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003), State Department official Marc Grossman (see June 10, 2003), former White House press secretary Ari Fleischer (see July 7, 2003, 8:00 a.m. July 11, 2003, and 1:26 p.m. July 12, 2003), and former CIA Director George Tenet (see June 11 or 12, 2003, July 11, 2003 and 3:09 p.m. July 11, 2003). The defense would consider Wilson a “hostile witness” if they indeed subpoena his testimony. Many of these potential witnesses were also disclosed by the Libby team a month earlier (see March 17, 2006).
Limiting Document Requests - The defense also agrees to limit its future document requests “to documents that are currently in the actual possession of the OSC [Office of Special Counsel] or which the OSC knows to exist.”
Libby Claims No Memory of Key Conversation - Libby’s lawyers also assert that Libby remembers nothing of conversations he had with Grossman, in which Grossman has testified that he told Libby of Valerie Plame Wilson’s CIA status (see May 29, 2003, June 10, 2003, 12:00 p.m. June 11, 2003, and October 17, 2003). [US District Court for the District of Columbia, 4/12/2006 pdf file; Truthout (.org), 4/14/2006] However, sources close to the case say that “a half-dozen witnesses” have testified as to the accuracy of Grossman’s claims. A former State Department colleague of Grossman’s says: “It’s not just Mr. Grossman’s word against Mr. Libby’s. There were other people present at the meeting at the time when Mr. Grossman provided Mr. Libby with details about Ms. Plame’s employment with the agency. There is an abundance of evidence Mr. Fitzgerald has that will prove this.” Investigative reporter Jason Leopold observes: “The meeting between Libby and Grossman is a crucial part of the government’s case against Libby. It demonstrates that Libby knew about Plame Wilson a month or so before her name was published in a newspaper column and proves that Libby lied to the grand jury when he testified that he found out about Plame Wilson from reporters in July 2003.” [Truthout (.org), 4/14/2006]

Entity Tags: Karl C. Rove, Ari Fleischer, Joseph C. Wilson, George J. Tenet, Jason Leopold, Patrick J. Fitzgerald, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Marc Grossman

Timeline Tags: Niger Uranium and Plame Outing

Lawyers for indicted White House official Lewis “Scooter” Libby tell reporters that their client did not testify that either President Bush or Vice President Dick Cheney authorized him to disclose the identify of then-CIA agent Valerie Plame Wilson to reporters. After recent court filings by special prosecutor Patrick Fitzgerald revealed that Libby had testified about being authorized to disclose classified information to reporters by Bush and Cheney (see April 5, 2006), many reporters, pundits, and Internet bloggers have speculated that Libby was authorized by Bush and Cheney to reveal Plame Wilson’s identity. Libby’s lawyers say he never mentioned Plame Wilson’s name in conversations with reporters, and therefore never took part in a campaign to besmirch the reputation of her husband, former ambassador Joseph Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). The assertion is contradicted by several reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). Fitzgerald has asserted that Libby revealed Plame Wilson’s identity as a covert CIA agent in order to allege that she sent her husband to Niger to debunk the tales of Iraqi attempts to buy Nigerien uranium “on account of nepotism” (see April 5, 2006). [Washington Post, 4/13/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

After several of Defense Secretary Donald Rumsfeld’s former generals go public with devastating critiques of Rumsfeld’s strategies and planning in Iraq in what comes to be nicknamed the “Generals’ Revolt,” Rumsfeld determines to use the Pentagon’s “military analysts” (see April 20, 2008 and Early 2002 and Beyond) to counter the storm of negative publicity. He has his aides summon a clutch of analysts for a briefing with him (see April 18, 2006); his office reminds one aide that “the boss” wants the meeting fast “for impact on the current story.” Pentagon officials help two Fox analysts, former generals Thomas McInerney and Paul Vallely, write an op-ed for the Wall Street Journal entitled “In Defense of Donald Rumsfeld.” Vallely sends an e-mail to the Pentagon, “Starting to write it now,” and soon thereafter adds, “Any input for the article will be much appreciated.” Rumsfeld’s office quickly forwards Vallely a list of talking points and specifics. Shortly thereafter, a Pentagon official reports, “Vallely is going to use the numbers.” But on April 16, the New York Times, which has learned of the plan, publishes a front-page story about it, sending Pentagon officials into damage-control mode. They describe the session with McInerney and Vallely as “routine,” and issue internal directives to keep communications with analysts “very formal.” One official warns subordinates, “This is very, very sensitive now.” [New York Times, 4/20/2008; Washington Post, 4/21/2008]

Entity Tags: New York Times, Donald Rumsfeld, Fox News, Wall Street Journal, US Department of Defense, Thomas G. McInerney, Paul Vallely

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

David Grange.David Grange. [Source: CNN]CNN airs commentary from three of its “independent military analysts,” some of whom will later be cited as participants in the Pentagon’s Iraq propaganda operation (see April 20, 2008 and Early 2002 and Beyond). The analysts are retired Army Brigadier General James “Spider” Marks (whom CNN will later fire for conflicts of interest—see July 2007), retired Air Force Major General Donald Shepperd, and retired US Army Brigadier General David Grange. The topic is Defense Secretary Donald Rumsfeld and whether he should resign. After Marks confirms that Rumsfeld repeatedly refused requests from field commanders to send more troops into Iraq during critical battlefield moments (see April 16, 2006), CNN anchor Wolf Blitzer raises the issue of other retired generals calling for Rumsfeld’s resignation.
Grange - Grange dismisses the resignation demands as coming from “a small number of general officers…” Grange says he does not have a close relationship with Rumsfeld, but admits that he participates in “occasional” briefings with Rumsfeld and Pentagon officials. Grange says “it would be inappropriate [for Rumsfeld] to step down right now,” and adds that it really isn’t the generals’ business to make any such recommendations.
Shepperd - Blitzer plays the commentary of retired Army Major General Paul Eaton, who blames Rumsfeld for not putting “enough boots on the ground to prosecute” the Iraq war and has also called for Rumsfeld’s resignation, then asks Shepperd for his commentary. Shepperd, one of the most reliable of the Pentagon’s “independent analysts” (see June 24-25, 2005), says while Rumsfeld made some “misjudgments,” he should not resign. Like Grange, he questions the “propriety” of the retired generals’ speaking out on the subject. “It steps over, in my opinion, the line of the role of military general officers, active or retired, calling for the resignation of a duly appointed representative of the government by a duly elected government. That’s the problem I have with all of this. And it’s hard to have a rational discussion because you quickly get into, is the war going well or not, do we or do we not have enough troops, when the question is one of propriety about these statements.”
Marks - Marks adds his voice to the chorus, saying that “it’s not the place of retired general officers or anyone to make that statement.…[T]he country’s at war. You need to rally around those doing their best to prosecute it.” Though Marks stands with both Grange and Shepperd in defending Rumsfeld from calls for his resignation, he does note that he retired from the Army in part because of Rumsfeld’s cavalier treatment of two of his close friends, retired General Eric Shinseki (see February 25, 2003 and February 27, 2003) and General David McKiernan. [CNN, 4/16/2006]

Entity Tags: Wolf Blitzer, David Grange, David D. McKiernan, CNN, Donald Rumsfeld, Donald Shepperd, Eric Shinseki, James Marks, Paul Eaton, US Department of Defense

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

A news article by the New York Sun claims that a June 2003 memo from then-Undersecretary of State Marc Grossman never indicated that Valerie Plame Wilson was a covert CIA official, or that her status was classified in any way (see June 10, 2003 and July 20, 2005). (Contrary to the Sun’s reporting, Plame Wilson was a NOC—a “non-official cover” agent—the most covert of CIA officials; see Fall 1992 - 1996, July 22, 2003, and September 30, 2003). The Sun bases its report on a declassified version of a memo provided to it through the Freedom of Information Act. The memo was drafted by the State Department’s head of its intelligence bureau, Carl Ford Jr., in response to inquiries by Grossman. Grossman sent the memo to various White House officials, including the then-chief of staff for Vice President Dick Cheney, Lewis Libby. Previous news reports have indicated that the memo was notated to indicate that the information it contained was classified and should not be made public, but according to the Sun, the paragraph identifying Plame Wilson as a CIA official was not designated as secret, while the other paragraphs were. Robert Luskin, the lawyer for White House deputy chief of staff Karl Rove, says the memo proves that neither Libby, Rove, nor any other White House official broke any laws in revealing Plame Wilson’s CIA status. The Sun also asserts that the memo proves Plame Wilson was responsible for sending her husband, Joseph Wilson, to Niger to find the truth behind claims that Iraq was trying to clandestinely purchase Nigerien uranium, an assertion Wilson calls “absolutely inaccurate” (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). [New York Sun, 4/17/2006] The CIA requested that Plame Wilson’s identity not be divulged (see (July 11, 2003) and Before July 14, 2003), and the agency as well as former officials have acknowledged that the damage done by the disclosure of Plame Wilson’s covert CIA status was “severe” (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006).

Entity Tags: New York Sun, Central Intelligence Agency, Carl W. Ford, Jr., Joseph C. Wilson, Karl C. Rove, Robert Luskin, US Department of State, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Marc Grossman

Timeline Tags: Niger Uranium and Plame Outing

Lawyers for NBC News, the New York Times, Time magazine, and Time reporter Matt Cooper file motions to quash the Lewis Libby defense team’s subpoenas (see March 14, 2006). Lawyers for the Times argue that the newspaper “has a substantial First Amendment interest, and common law qualified privilege against compelled production of unpublished information of the kind sought by Libby.” Time magazine notes Libby’s argument that since he believed Valerie Plame Wilson’s CIA identity was well known within the Washington press corps, he needs to show that her employment was discussed by reporters in June and July 2003, when he was meeting with reporters. Time says that the Libby argument should not allow his lawyers to conduct a broad search for potentially helpful evidence. “Although Mr. Libby has claimed a right to know what information the press corps in general possessed concerning Mrs. Wilson’s affiliation with the CIA, under that theory he would be entitled to subpoena all reporters in Washington to learn what they knew, and when they knew it,” Time argues in its motion. “There is no stopping point to this approach.” Other lawyers for the news organizations call the Libby subpoenas “fishing expeditions.” NBC News argues that it has no documents that show that any network employee, including reporters Andrea Mitchell and Tim Russert, knew that Plame Wilson was employed by the CIA before her public exposure (see July 14, 2003). Through his lawyers, Cooper argues that the subpoena from Libby is “materially the same as the subpoena issued to Time Inc.” by special counsel Patrick Fitzgerald, and is “overbroad, unreasonable, and burdensome… and seeks information protected by the reporter’s privilege that exists under the First Amendment.” [US District Court for the District of Columbia, 4/18/2006 pdf file; New York Times, 4/19/2006; Washington Post, 4/19/2006]

Entity Tags: New York Times, Andrea Mitchell, Lewis (“Scooter”) Libby, NBC News, Tim Russert, Valerie Plame Wilson, Patrick J. Fitzgerald, Matthew Cooper, Time magazine

Timeline Tags: Niger Uranium and Plame Outing

The Washington Post acknowledges that it has recently turned over notes and materials to the Lewis Libby defense team in response to a subpoena it had received (see March 14, 2006). In a statement, the Post says it has turned over “the complete version of [reporter] Bob Woodward’s memo of his interview with Mr. Libby on June 27, 2003 (see June 27, 2003). This action did not pose legal or journalistic concerns to the Post or Mr. Woodward.” [New York Times, 4/19/2006]

Entity Tags: Bob Woodward, Washington Post, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Progressive columnist, author, and blogger Arianna Huffington writes that the recent motions by the New York Times, Time magazine, and other news organizations to quash subpoenas issued by the Lewis Libby defense team (see April 18, 2006) raise more questions than the organizations may be willing to answer. Huffington says that lawyers for the New York Times and its reporter Judith Miller are correct in calling Libby’s subpoenas a “fishing expedition” and accusing the lawyers of casting an overly “wide net.” However, the Times motion, in conjunction with the original Libby subpoena (see March 14, 2006), reveals that Libby’s lawyers want to know more about the situation surrounding Miller’s July 2003 conversation with Libby, in which he divulged classified information to her in order to influence her reporting on Iraq (see 8:30 a.m. July 8, 2003). Specifically, Libby’s lawyers, as well as Huffington and others, want to know if Miller proposed writing a story based on Libby’s disclosures. As Huffington writes: “If she did pitch the story, which Times editor did she pitch it to? What was their reaction? Why did no story result? Had the editors become so suspect of Miller’s sources and reporting that they refused to sign off on the story? Was she officially barred from writing about Iraq/WMD?” Huffington observes that it is obvious the Libby team intends to impugn Miller’s integrity as a journalist, and writes that such a defense tactic “mak[es] it all the more important for the paper to stop operating behind a veil of secrecy when it comes to Miller.” Huffington also notes that Miller has spoken to Times in-house lawyer George Freeman and to Vanity Fair reporter Marie Brenner about Valerie Plame Wilson; Brenner wrote an article saying that Miller had talked to numerous government officials about Plame Wilson’s identity both before and after her outing by columnist Robert Novak (see July 14, 2003). [Huffington Post, 4/20/2006] Lawyer Jeralyn Merritt, writing for the progressive legal blog TalkLeft, notes that special counsel Patrick Fitzgerald is likely very interested in determining which government officials Miller may have spoken to about Plame Wilson, but goes on to write that Miller may have already disclosed that information to Fitzgerald. [Jeralyn Merritt, 4/20/2006]

Entity Tags: New York Times, Jeralyn Merritt, George Freeman, Arianna Huffington, Judith Miller, Marie Brenner, Patrick J. Fitzgerald, Time magazine, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

William Jeffress, one of Libby’s lawyers.William Jeffress, one of Libby’s lawyers. [Source: Life]The legal team for accused felon Lewis Libby admits to twice leaking information to the media (see April 12, 2006). The admissions are included in a filing submitted by Libby’s lawyers in response to Judge Reggie Walton’s threat to issue a gag order (see April 13, 2006). The threatened gag order was in response to multiple press leaks emanating from “unnamed sources” involved in the Libby trial. Libby’s lawyers oppose the proposed gag order, which would dramatically curtail the lawyers’ ability to speak to reporters about the legal proceedings; special prosecutor Patrick Fitzgerald says he has no opinion on a gag order because his office does not talk to the media anyway. Libby’s lawyers acknowledge leaking two documents: Fitzgerald’s “correction” letter to an earlier statement implying that Libby had mischaracterized some of the elements of the 2002 National Intelligence Estimate (see October 1, 2002) to reporter Judith Miller, and information given to a Washington Post reporter to correct what lawyer William Jeffress believed was a misunderstanding on that reporter’s part that might have resulted in erroneous information being reported.
First Leak - Libby’s lawyers say they released the Fitzgerald letter to the press “in good faith,” and do not believe the release goes against the court’s earlier restrictions on making information public. They write: “When we received the letter, we assumed that the government wanted to correct the public record. We thought the government was motivated to file the letter because the government had realized that the erroneous sentence in its brief was responsible for spawning false news reports and wholly unjustified conjecture about possible misdeeds by Mr. Libby and his superiors. Nothing about the letter indicated that it was not to be disclosed publicly. It was not designated as confidential under the protective order in this case, and it did not contain any classified information.… When we received the letter, we simply assumed that it was a public filing that was intended to be entered in the public docket, because we believed its sole purpose was to correct inaccurate statements in a publicly filed brief. Accordingly, we swiftly disseminated it to the media—without any public statements by defense counsel—for the purpose of preventing the publication of any additional incorrect reports that Mr. Libby, the president, and/or the vice president had lied to the press and the public.” The lawyers deny releasing the letter for any “tactical advantage or for any other improper purpose.”
Second Leak - Jeffress spoke with one of two Washington Post reporters, R. Jeffrey Smith or Jim VandeHei. The reporter apparently misunderstood the content of an argument in an earlier legal brief, and called Libby’s legal team to discuss the brief. The reporter intended to file a report showing that Fitzgerald’s evidence undermined Libby’s contention that no one in the Bush White House was overly concerned with the criticisms of former ambassador Joseph Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). Jeffress’s intent, he tells Judge Walton, was merely to ensure that the Post published an accurate news report that did not misconstrue the legal brief. Again, Jeffress says that he intended to gain no “tactical advantage” or “to interfere with a fair trial or otherwise prejudice the due administration of justice.” He was, he asserts, merely concerned that such an inaccurate report “would have been unfairly prejudicial to Mr. Libby.”
Convincing Arguments? - Criminal lawyer Jeralyn Merritt, writing for the blog TalkLeft, says that she finds the rationales for the two leaks convincing, and doubts that Judge Walton will issue any gag order. [Jeralyn Merritt, 4/21/2006; US District Court for the District of Columbia, 4/21/2006 pdf file; US District Court for the District of Columbia, 4/21/2006 pdf file; US District Court for the District of Columbia, 4/21/2006 pdf file]
Not the Only Press Leaks? - Author and blogger Marcy Wheeler, who has covered the trial since before it started, contends that Libby’s team is trying to imply that these two leaks are the only ones it has made. She strongly disagrees with this implication, and says that while there is no way to know what, if any, information the Libby team has leaked to the press besides these two incidents, the entire trial is about carefully orchestrated press leaks and Libby’s perjury about said leaks, and says she doubts the Libby team’s contention that they have not leaked other information to any members of the press. [Marcy Wheeler, 4/22/2006]

Entity Tags: Jeralyn Merritt, Jim VandeHei, Lewis (“Scooter”) Libby, Bush administration (43), Marcy Wheeler, Judith Miller, William Jeffress, Patrick J. Fitzgerald, Joseph C. Wilson, R. Jeffrey Smith, Washington Post, Reggie B. Walton

Timeline Tags: Niger Uranium and Plame Outing

CBS’s 60 Minutes airs a half-hour interview with Italian journalist Elisabetta Burba, the first reporter to obtain the now-infamous forged documents that purported to show that Iraq attempted to buy uranium from Niger (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). The now-defunct 60 Minutes II had planned to show the segment just before the November 2004 elections, but questions from right-wing bloggers and commentators about another 60 Minutes II segment—one that showed President Bush did not fulfill his Texas Air National Guard duties during the Vietnam War—led CBS executives to pull the segment (see Late September 2004). [Newsweek, 9/23/2004; Rich, 2006, pp. 142-143; CBS News, 4/23/2006] CBS News president Andrew Heyward refused to air the story during the last week of September 2004, saying it would be “inappropriate” to air it during the last weeks of the 2004 presidential election campaign. Media observer Mary Jacoby says the CBS report contains little new information, but “is powerfully, coherently, and credibly reported.” She calls CBS “cowardly” for not airing the segment when it was originally scheduled. [Salon, 9/29/2004] Author Jane Hamsher, the owner of the progressive blog FireDogLake, writes that the 60 Minutes segment is “a simple, direct narrative that will reach millions of Americans and let them know that they have been duped.” The segment does not delve into the outing of CIA official Valerie Plame Wilson, staying strictly with the Iraq-Niger uranium claims, and, she writes, demonstrates that the officially sanctioned “investigations” into the claims were little more than “partisan hatchet jobs.” [Jane Hamsher, 4/23/2006]

Entity Tags: Valerie Plame Wilson, Mary Jacoby, George W. Bush, CBS News, Andrew Heyward, Jane Hamsher, Elisabetta Burba

Timeline Tags: Niger Uranium and Plame Outing

Karl Rove discusses his testimony with his lawyers outside the grand jury chambers.Karl Rove discusses his testimony with his lawyers outside the grand jury chambers. [Source: CNN / ThinkProgress]White House deputy chief of staff Karl Rove testifies before special prosecutor Patrick Fitzgerald’s grand jury for a fifth time. Rove partially waives his attorney-client privilege with his attorney, Robert Luskin, to allow Luskin to testify about conversations he had with Rove concerning Rove’s knowledge of the leak of CIA agent Valerie Plame Wilson’s identity. Rove is also questioned extensively about the contradictions between his previous testimony and the testimony of Time reporter Matthew Cooper regarding Rove and Cooper’s July 2003 conversation about Plame Wilson (see 11:00 a.m. July 11, 2003), and his conversations with conservative columnist Robert Novak (see July 8, 2003, July 8 or 9, 2003, and July 14, 2003). [Washington Post, 4/27/2006; National Journal, 4/28/2006; Washington Post, 7/3/2007] According to Luskin, Rove “indirectly” confirmed Plame Wilson’s CIA status to Novak. [Washington Post, 7/15/2006]
Changing Stories - Rove is asked how he learned of Plame Wilson’s CIA status, and the circumstances surrounding his leaking of that information to Cooper. Rove tells the jury that when he told Cooper that Plame Wilson was a CIA agent, he was merely passing along unverified gossip. Cooper has testified that Rove told him that Plame Wilson was a CIA agent, and that she played a role in sending her husband, Joseph Wilson, on a fact-finding mission to Niger in 2002 (see February 21, 2002-March 4, 2002). Cooper has testified that both Rove and Lewis Libby, the former chief of staff for Vice President Dick Cheney, portrayed the information about Plame Wilson as definitive. It was because of their definitive statements, Cooper testified, that he identified Plame Wilson in a July 2003 story for Time (see July 17, 2003). In his first interview by the FBI, Rove failed to tell the investigators that he had talked to Cooper at all (see October 8, 2003); he again failed to disclose the conversation during his early appearances before the grand jury (see February 2004). Later, Rove testified that he did indeed speak with Cooper, and that his earlier failures to disclose the information were due to lapses in his memory (see October 15, 2004). In his fourth appearance before the grand jury, Rove testified that he revealed Plame Wilson’s identity to the reporter (see October 14, 2005), a recollection prompted by the discovery of an e-mail Rove sent to then-Deputy National Security Adviser Stephen Hadley soon after his leak to Cooper (see March 1, 2004). Rove has also testified that he learned of Plame Wilson’s CIA status from a journalist or journalists, a claim strongly contradicted by evidence. He has said in previous testimony that he may have learned of Plame Wilson’s identity from Novak, who outed Plame Wilson in a July 2003 column (see July 14, 2003). Novak, however, has testified that he learned of Plame Wilson’s identity from Libby and Rove. A person with first-hand knowledge of the grand jury proceedings will later comment, “If you believe both of them, Novak was saying that Rove was his source, and Rove was saying that Novak was his source.” [Washington Post, 4/27/2006; National Journal, 4/28/2006] Rove says that he still doesn’t remember talking to Cooper, though he does not dispute the e-mail he sent to Hadley. [Bloomberg, 4/28/2006] He argues that it would have been foolish for him to attempt to lie to the FBI and to the grand jury, because he knew that whatever lies he might have chosen to tell would have eventually been exposed, and he would then risk going to jail. [Washington Post, 4/27/2006] It is difficult to reconcile Rove’s “indirect” confirmation of Plame Wilson’s identity for Novak with his earlier claims that he learned of Plame Wilson’s CIA status from Novak.
Lawyer's Statement - Rove’s lawyer Robert Luskin says in a written statement: “Karl Rove appeared today before the grand jury investigating the disclosure of a CIA agent’s identity. He testified voluntarily and unconditionally at the request of special counsel Patrick Fitzgerald to explore a matter raised since Mr. Rove’s last appearance in October 2005 (see October 14, 2005). In connection with this appearance, the special counsel has advised Mr. Rove that he is not a target of the investigation. Mr. Fitzgerald has affirmed that he has made no decision concerning charges. At the request of the special counsel, Mr. Rove will not discuss the substance of his testimony.” [CNN, 4/26/2006; Washington Post, 4/27/2006]
Difficulties in Proving Intent - Law professor and former federal prosecutor Dan Richman says that while Fitzgerald may well be trying to build a case against Rove for either perjury or obstruction of justice, it may be quite difficult to prove Rove intended to lie to the grand jury. Rove’s subsequent appearances before the jury might “prove to be an obstacle to any [potential] obstruction or perjury case in that the person ultimately cooperated and told what he knew,” Richman says. [National Journal, 4/28/2006]

Entity Tags: Joseph C. Wilson, Matthew Cooper, Lewis (“Scooter”) Libby, Robert Luskin, Karl C. Rove, Valerie Plame Wilson, Dan Richman, Robert Novak, Patrick J. Fitzgerald, Stephen J. Hadley

Timeline Tags: Niger Uranium and Plame Outing

Judge Thomas Hogan, who jailed former New York Times reporter Judith Miller for refusing to name her source during the Plame Wilson identity leak investigation (see October 7, 2004), defends his decision during a meeting of the Maryland-Delaware-DC Press Association. Hogan, who was appointed to the federal bench by President Reagan, is the chief judge for the Washington, DC, District Court. He tells the collected listeners that Miller had no First Amendment right to protect a source in a criminal matter. While the story began as a political ruckus, Hogan says, it quickly escalated into something more than merely politics. Between the politics of the case, the media involvement, and the legal ramifications, it became “the perfect storm,” he adds. War critic Joseph Wilson became a target of the White House. “Blood was spreading in the water. The sharks were gathering. It’s typical Washington politics, except that this involved the commission of a crime.” Hogan is referring to the public exposure of covert CIA official Valerie Plame Wilson after the White House leaked her identity to the press (see July 14, 2003). Hogan says of Miller: “She was an actor in the commission of a crime. She was part of the transfer of information that was a crime.” [Associated Press, 4/29/2006]

Entity Tags: Joseph C. Wilson, Valerie Plame Wilson, Thomas Hogan, Judith Miller

Timeline Tags: Niger Uranium and Plame Outing

Steven Calabresi, one of the architects of the ‘unitary executive’ theory, says Bush’s use of signing statements has gone too far.Steven Calabresi, one of the architects of the ‘unitary executive’ theory, says Bush’s use of signing statements has gone too far. [Source: MeFeedia]Legal scholars and constitutional experts decry President Bush’s claim that he can ignore or disobey laws with impunity. An examination by Boston Globe reporter Charlie Savage finds that to date, Bush has claimed the authority to disobey over 750 laws enacted since he took office (see January 20, 2001 and After, After September 11, 2001, January 27, 2002, November 5, 2002, March 12, 2004 and After, November 6, 2003, December 2004, December 17, 2004, Dec. 23, 2004, January 17, 2005, August 8, 2005, October 18, 2005, December 30, 2005, and January 23, 2006). He claims that as president, he has the power to override any statute passed by Congress when it conflicts with his interpretation of the Constitution. While the Constitution assigns Congress the power to write the laws and the president the duty “to take care that the laws be faithfully executed,” Bush asserts that he has no mandate to “execute” a law he believes is unconstitutional. Administration spokespersons have repeatedly said that Bush “will faithfully execute the law in a manner that is consistent with the Constitution,” but it is Bush who decides what is and is not constitutional. Many legal scholars disagree with Bush’s position, and accuse him of attempting to usurp Congressional power for himself.
Philip Cooper - Law professor Phillip Cooper says over the Bush administration’s tenure, it has relentlessly worked to concentrate ever more governmental power into the White House. “There is no question that this administration has been involved in a very carefully thought-out, systematic process of expanding presidential power at the expense of the other branches of government,” Cooper says. “This is really big, very expansive, and very significant.”
Christopher Kelley - Political science professor Christopher Kelley notes that Bush uses signing statements to abrogate Congressional powers in a manner inconsistent with Constitutional mandates. “He agrees to a compromise with members of Congress, and all of them are there for a public bill-signing ceremony, but then he takes back those compromises—and more often than not, without the Congress or the press or the public knowing what has happened,” Kelley says.
David Golove - Law professor David Golove says Bush has besmirched “the whole idea that there is a rule of law” because no one can be certain of which laws Bush thinks are valid and which he thinks he can ignore. “Where you have a president who is willing to declare vast quantities of the legislation that is passed during his term unconstitutional, it implies that he also thinks a very significant amount of the other laws that were already on the books before he became president are also unconstitutional,” Golove says. To the extent that Bush is interpreting the Constitution in defiance of Supreme Court rulings, Golove notes, he threatens to “overturn the existing structures of constitutional law.” When a president ignores the Court and is not restrained by a Congress that enables his usurpations, Golove says, the Constitution can be made to simply “disappear.” Golove adds, “Bush has essentially said that ‘We’re the executive branch and we’re going to carry this law out as we please, and if Congress wants to impeach us, go ahead and try it.’”
Jack Beerman - Law professor Jack Beermann says: “The president is daring Congress to act against his positions, and they’re not taking action because they don’t want to appear to be too critical of the president, given that their own fortunes are tied to his because they are all Republicans. Oversight gets much reduced in a situation where the president and Congress are controlled by the same party.”
Steven Calabresi - Former Justice Department official Steven Calabresi, who came up with the idea of using signing statements to counter Congressional powers during the Reagan administration (see August 23, 1985 - December 1985), now says, “I think what the administration has done in issuing no vetoes and scores of signing statements (see September 2007) is not the right way to approach this.”
Bruce Fein - Former Reagan Justice Department official Bruce Fein says: “This is an attempt by the president to have the final word on his own constitutional powers, which eliminates the checks and balances that keep the country a democracy. There is no way for an independent judiciary to check his assertions of power, and Congress isn’t doing it, either. So this is moving us toward an unlimited executive power.” [Boston Globe, 4/30/2006; Savage, 2007, pp. 243]

Entity Tags: Bush administration (43), Charlie Savage, Christopher Kelley, Jack Beermann, Bruce Fein, David Golove, George W. Bush, Phillip Cooper, Steven Calabresi

Timeline Tags: Civil Liberties

Lewis Libby’s defense team files a motion to compel the testimonies of several reporters and news organizations whom it has already subpoenaed (see March 14, 2006). The New York Times, NBC News, Time magazine, and reporters Judith Miller, Matthew Cooper, and Andrea Mitchell have already filed motions to quash the Libby subpoenas (see April 18, 2006). Libby’s lawyers argue that the subpoenas are legal and just, and Libby has a right to compel the subpoenaed testimonies. According to the lawyers’ brief, reporters have “no right—under the Constitution or the common law—to deprive Mr. Libby of evidence that will help establish his innocence at trial.” In return, lawyers for the various press outlets say that Libby’s subpoenas are so broad that they threaten the integrity of their news gathering operations by targeting all of their employees, not just the three reporters involved in the case. [US District Court for the District of Columbia, 5/1/2006 pdf file; US District Court for the District of Columbia, 5/1/2006 pdf file; Associated Press, 5/2/2006] Author and blogger Marcy Wheeler writes that while the Libby team’s arguments about Cooper and Mitchell are strong, the arguments in regards to Miller are something else entirely. Wheeler accuses Libby, through his lawyers, of “totally mischaracterizing the nature of the lie he is accused of telling to” Miller during their meetings (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). She says that in her view, Miller repeatedly hedged her grand jury testimony (see September 30, 2005 and October 12, 2005) to “protect Libby,” but now Libby is using those hedges “to impugn Judy as a witness.” [Marcy Wheeler, 5/2/2006] Author Jane Hamsher and former prosecutor Christy Hardin Smith, writing for the progressive blog FireDogLake, note with some amusement that the Libby lawyers are relying on a new word: “misrecollected,” as in “whether it is Mr. Libby or the reporters who have misstated or misrecollected the facts,” or “it is Mr. Russert who has misrecollected or misstated the facts.” Hamsher and Smith write: “It’s being employed here for the purpose of avoiding an explicit discussion of what they’re really talking about, commingling under its broad tent two distinct activities: the act of remembering an event but failing to recall certain details, which would also be known as ‘forgetting,’ and the act of remembering things that never actually happened, which would be in effect ‘fabricating.’ They seem to be describing the latter while hoping for the more innocent overtones of the former.” [FireDogLake, 5/2/2006]

Entity Tags: Marcy Wheeler, Christy Hardin Smith, Andrea Mitchell, Jane Hamsher, Lewis (“Scooter”) Libby, Time magazine, Judith Miller, NBC News, Matthew Cooper, New York Times

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton refuses to honor a motion filed by the Lewis Libby defense team regarding ex parte judicial review of classified documents. Libby’s lawyers opposed special counsel Patrick Fitzgerald’s attempt to have Walton review classified government documents without their being present. The procedure Fitzgerald has proposed is the same as mandated by the Classified Information Procedures Act of 1980 (CIPA). Libby’s lawyers wish Fitzgerald to have to apply separately through Walton for each classified document submitted for ex parte review. Walton agrees with Fitzgerald and CIPA. [US law.; Christy Hardin Smith, 5/3/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton holds a hearing to discuss numerous issues surrounding the upcoming Lewis Libby trial. One of the key areas of discussion is the involvement and expected testimony of White House political strategist Karl Rove (see July 8, 2003, July 8 or 9, 2003, 11:00 a.m. July 11, 2003, October 8, 2003, October 15, 2004, October 14, 2005, and April 26, 2006). The Libby defense team wants to compel the disclosure of a raft of classified White House and CIA documents concerning Rove’s actions in the Valerie Plame Wilson identity leak, but special counsel Patrick Fitzgerald, saying he does not intend to call Rove as a witness, is refusing to ask the White House for those documents (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)). Fitzgerald admits to being legally compelled to turn over any material he has on witnesses he intends to call, but will not agree to go after material regarding witnesses he does not intend to call, especially when that material may prove to be to the defense’s benefit. For Libby, lawyer Theodore Wells says he intends to call Rove as a witness, and he wants Fitzgerald to battle with the White House for documents pertaining to Rove’s involvement in the leak. Fitzgerald retorts, as he has before, that the material Wells and his team are asking for is not germane to a perjury defense. In the process, Wells falsely claims that a legal precedent exists for forcing a government prosecution to seek evidence the defense wants, and Walton is briefly taken in by his deception before learning that Wells is misrepresenting the case law. Fitzgerald says flatly: “I’m responsible for the government’s case… and turning over my obligations. I am not responsible for preparing the defense case. And the case law, and Your Honor cited it. It is material defined by the indictment and the government’s case in chief. You just can’t say I’m going to call 20 witnesses so give me everything about them. We then would have effectively open-file discovery or beyond that and I don’t agree with that reading of the law.” The conversation, especially on Fitzgerald’s part, is circumspect, with all parties well aware that the hearing is being held in open court. However, Walton is somewhat testy with Wells during one exchange. Referring to Wells’s stated intention to introduce former ambassador Joseph Wilson’s classified CIA report on the Iraq-Niger uranium claims (see March 4-5, 2002), Walton says, “I don’t see how this is relevant to the case.” Any focus on Wilson’s report would turn the trial into an inquiry on “statements the president made in the State of the Union (see Mid-January 2003 and 9:01 pm January 28, 2003). You want to try the legitimacy of us going to war.” [US District Court for the District of Columbia, 5/5/2006 pdf file; Bloomberg, 5/5/2006; Marcy Wheeler, 6/15/2006]
Defense: Libby Small Part of Larger White House Operation - Wells makes a statement that indicates he and his fellow attorneys intend to try to prove that Libby was indeed a small part of a much larger White House operation. He says: “It wasn’t just him [Libby]. He was involved in what was a multi-agency response. It was [sic] Office of the Vice President. It was the Office of the President.” Former prosecutor Christy Hardin Smith calls Wells’s statement a “‘Hello, Karl’ moment,” and notes that Wells is trying to go in at least two different directions: Libby’s memory is demonstrably faulty (see January 31, 2006) and he is being made into a White House scapegoat. Smith observes, “Team Libby is going to have a very tough time indeed if they are going to play such substantially adverse ends of the spectrum against each other at trial in order to raise reasonable doubt in the jurors’ minds.” [Christy Hardin Smith, 5/12/2006]
Author: Defense May Not Intend to Call Rove, Maneuvering for Materials Instead? - Author and blogger Marcy Wheeler, who is closely following the case, will later write that she is not at all sure that Libby’s lawyers really intend to call Rove as a defense witness. “But they seem awfully interested in getting all the materials relating, presumably, to Rove’s conversation with [columnist Robert] Novak (see July 14, 2003). They sure seem interested in knowing what Rove said, and whether they can make certain arguments without Rove refuting those arguments.” [Marcy Wheeler, 6/15/2006]

Entity Tags: Karl C. Rove, Christy Hardin Smith, Bush administration (43), Joseph C. Wilson, Theodore Wells, Reggie B. Walton, Marcy Wheeler, Executive Office of the President, Office of the Vice President, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

News organizations and reporters file a variety of motions to quash the Libby defense team’s subpoenas for their notes and testimonies for the upcoming trial (see March 14, 2006, April 18, 2006, and May 1, 2006). The arguments are similar: Lewis Libby’s subpoenas violate the journalists’ and news organizations’ First Amendment rights to privacy in their reporting, the subpoenas are overly broad and lack relevance—a “fishing expedition,” as Time’s lawyers phrase it—and Libby’s lawyers cannot expect to be granted such “unchecked leeway” in subpoenaing reporters without far more specific goals and objectives than the defense team has previously stated. The lawyers for NBC reporters Andrea Mitchell and Tim Russert write, “Defendant’s case rests entirely on serial speculation—i.e., if Ms. Mitchell knew about Ms. Wilson and her employment prior to July 11, and if Ms. Mitchell shared that information with Mr. Russert before he talked with Defendant, and if Mr. Russert then shared the same information with Defendant, then her testimony would ‘be important to the defense.’” [US District Court for the District of Columbia, 5/8/2006 pdf file; US District Court for the District of Columbia, 5/8/2006 pdf file; US District Court for the District of Columbia, 5/8/2006 pdf file; THE NEW YORK TIMES' REPLY TO DEFENDANT I. LEWIS LIBBY'S RESPONSE TO MOTION OF THE NEW YORK TIMES TO QUASH LIBBY'S RULE 17(c) SUBPOENA, 5/8/2006 pdf file; US District Court for the District of Columbia, 5/8/2006 pdf file] Former prosecutor and FireDogLake blogger Christy Hardin Smith writes: “Here’s a rule of thumb—you can’t call a witness that you know is not going to be favorable to your case solely to raise questions about that witness to confuse the jury. It’s called bootstrapping, and judges do not like it. Let alone the fact that it is not allowed under the rules.” [Christy Hardin Smith, 5/12/2006] In her response, Judith Miller’s lawyer Joseph Tate objects to Libby’s speculation that he may have learned of Valerie Plame Wilson’s CIA status from Miller, and his request for Miller’s notes to prove or disprove his speculation. In the brief, Tate writes: “Mr. Libby asserts that he ‘has established a ‘sufficient likelihood’ that the documents he seeks are relevant to his defense.‘… In support, he maintains that ‘the documents sought are likely to contain evidence that some, if not all, of his testimony about… conversations [with reporters] was correct and that it is the reporters who have an unreliable recollection or have misstated the facts.‘… He also makes the startlingly baseless claim that it may have been Ms. Miller who mentioned Ms. Plame to him.… These contentions are unavailing. How can it possibly be maintained that Ms. Miller’s notes of discussions with persons other than Mr. Libby, regarding topics unrelated to the instant case, have any bearing on his, hers, or anyone’s recollection of the salient facts regarding her conversations with him?” Author and FireDogLake blogger Jane Hamsher writes that if Miller expected a response such as “‘If Pulitzer Prize winning journalist Judith Miller can’t remember, how can Mr. Libby be expected to remember?’ [w]hat she got instead was an invitation to play scapegoat.” [US District Court for the District of Columbia, 5/8/2006 pdf file; Jane Hamsher, 5/9/2006]

Entity Tags: Andrea Mitchell, Christy Hardin Smith, Jane Hamsher, Joseph Tate, Lewis (“Scooter”) Libby, Valerie Plame Wilson, NBC News, Tim Russert, Time magazine, Judith Miller

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Lewis Libby’s lawyers file a supplemental brief extending and reiterating their arguments in favor of compelling the CIA, the White House, and other government agencies to submit a vast array of classified documents for Libby’s defense (see December 14, 2005, January 9, 2006, January 23, 2006, January 31, 2006, (February 16, 2006), February 21, 2006, February 24, 2006, February 27, 2006, March 1, 2006, March 2-7, 2006, March 10, 2006, March 17, 2006, and April 5, 2006). The defense indicates it intends to call as witnesses the following government officials: former CIA spokesman Bill Harlow, former Deputy Secretary of State Richard Armitage, former Secretary of State Colin Powell, National Security Adviser Stephen Hadley, White House deputy chief of staff Karl Rove, former ambassador Joseph Wilson, and former CIA official Valerie Plame Wilson. To fairly prepare for their testimonies, the defense argues, it must be supplied with all pertinent documents, classified or not, relating to their involvement in the leak of Plame Wilson’s identity, Plame Wilson’s covert status, the White House’s efforts to bolster its arguments for the Iraq invasion, and the White House’s attempts to discredit Wilson as a believable critic of its policies. [US District Court for the District of Columbia, 5/12/2006 pdf file]

Entity Tags: Joseph C. Wilson, Bill Harlow, Bush administration (43), Colin Powell, Karl C. Rove, Stephen J. Hadley, Central Intelligence Agency, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Richard Armitage

Timeline Tags: Niger Uranium and Plame Outing

In an article printed on the progressive news Web site Truthout, reporter Jason Leopold claims that special counsel Patrick Fitzgerald has indicted White House political strategist Karl Rove in the Valerie Plame Wilson identity leak case. Leopold writes that on Friday, May 12, Fitzgerald served indictment papers on Rove through the law firm of Patton Boggs, which represents Rove. According to Leopold, Fitzgerald has charged Rove “with perjury and lying to investigators related to his role in the CIA leak case, and instructed one of the attorneys to tell Rove that he has 24 business hours to get his affairs in order.” Leopold credits “high level sources with direct knowledge of the meeting” for the story. Leopold’s sources also say that Rove spent most of the day in consultation with his lawyer, Robert Luskin, and that Fitzgerald is likely to include an obstruction of justice charge. Leopold has reported that Rove has already informed White House officials, including President Bush, of his upcoming indictment (see May 12, 2006). [Truthout (.org), 5/13/2006] Rove spokesman Mark Corallo flatly denies the story. He tells conservative columnist Byron York that Fitzgerald did not come to Patton Boggs on May 12, did not meet or communicate with Rove’s lawyers or other representatives, and did not inform Rove’s lawyers or representatives that Rove had been indicted. [National Review, 5/14/2006] Leopold’s story causes a storm of controversy, celebration, and uncertainty among many progressives and critics of the Bush administration, with many questioning why other, more mainstream news sources have not picked up on or verified Leopold’s story (see May 15, 2006). [Daily Kos, 5/14/2006] Leopold’s reporting is incorrect; a month later, Fitzgerald will announce that he is not charging Rove with anything (see June 13, 2006).

Entity Tags: Patton Boggs LLC, Jason Leopold, Byron York, Bush administration (43), Karl C. Rove, Patrick J. Fitzgerald, Truthout (.org), Robert Luskin, Mark Corallo

Timeline Tags: Niger Uranium and Plame Outing

A photograph of the copy of Wilson’s op-ed annotated by Dick Cheney.A photograph of the copy of Wilson’s op-ed annotated by Dick Cheney. [Source: Department of Justice / New York Times] (click image to enlarge)Special prosecutor Patrick Fitzgerald, pursuing charges that former vice-presidential chief of staff Lewis “Scooter” Libby lied to his grand jury about revealing the identity of CIA undercover agent Valerie Plame Wilson (see January 2004, March 5, 2004, and March 24, 2004), introduces into evidence a document that directly implicates Libby’s former boss, Vice President Dick Cheney, in Libby’s allegedly criminal behavior.
Notated Clipping - Fitzgerald submits an original clipping of a New York Times op-ed written by Plame Wilson’s husband, Joseph Wilson, challenging the Bush administration’s claims that Iraq had attempted to purchase uranium from Niger (see July 6, 2003). The clipping bears notations in Cheney’s own hand, as well as Cheney’s fingerprints. Cheney’s commentary reads: “Have they done this sort of thing before? [Cheney is referring to the CIA’s decision to send Wilson to Niger to investigate the uranium claims—see February 21, 2002-March 4, 2002.] Send an amb. to answer a question. Do we ordinarily send people out to do pro bono work for us? Or did his wife send him on a junket?” It is unclear when Cheney made the notes, but prosecutors believe they were taken before the July 14, 2003 column by Robert Novak that outed Plame Wilson (see July 14, 2003). According to Fitzgerald’s filing, Cheney’s copy of the op-ed is now “at the center of the sequence of events leading” to Libby’s alleged perjury and obstruction of justice. [CNN, 5/14/2006; New York Times, 5/14/2006; Newsweek, 5/16/2006]
'Acutely Focused' Attention of Cheney, Libby on Wilson - The filing goes on to state that Cheney’s notes support the idea that Wilson’s op-ed drew the attention of Cheney and Libby, and “acutely focused” their attention on Wilson’s assertions “and on responding to those assertions.… The article, and the fact that it contained certain criticisms of the administration, including criticism regarding issues dealt with by the Office of the Vice President, serve both to explain the context of, and provide the motive for, many of the defendant’s statements and actions at issue in this case. The annotated version of the article reflects the contemporaneous reaction of the vice president to Mr. Wilson’s op-ed article, and thus is relevant to establishing some of the facts that were viewed as important by the defendant’s immediate superior, including whether Mr. Wilson’s wife had sent him on a junket.” [CNN, 5/14/2006; Newsweek, 5/16/2006] Libby testified before the grand jury about the annotated op-ed, and that testimony is now entered into evidence. Libby said he recalled discussing the issues with Cheney, and said of those conversations: “I recall that along the way he asked, ‘Is this normal for them to just send somebody out like this uncompensated, as it says?’ He was interested in how did that person come to be selected for this mission. And at some point, his wife worked at the agency, you know, that was part of the question.” A prosecutor asked Libby, “Was it a topic that was discussed on a daily basis… on multiple occasions each day in fact?” Libby answered, “Yes, sir.” Libby acknowledged that during that time, Cheney indicated that he was upset about the Wilson article and what he considered to be false attacks on his credibility, saying: “I recall that he was very keen to get the truth out. He wanted to get all the facts out about what he [Cheney] had or hadn’t done—what the facts were or were not. He was very keen on that and said it repeatedly. ‘Let’s get everything out.’” During his testimony before the grand jury, prosecutors did not believe Libby’s assertion that Cheney might have “scribbled” notes on the Wilson op-ed on July 14, the day Novak’s column was published. Libby testified: “And I think what may have happened here is what he may have—I don’t know if he wrote, he wrote the points down. He might have pulled out the column to think about the problem and written on it, but I don’t know. You’ll have to ask him.” [National Journal, 1/12/2007]
Cheney's Other Actions - Fitzgerald has already asserted that Cheney had attempted to pass Wilson’s trip to Niger off as a “junket”—essentially a taxpayer-funded excursion with little real purpose—to discredit Wilson’s claims about the Iraq-Niger affair. Fitzgerald has also asserted that Cheney, acting with the approval of President Bush, authorized Libby to disclose some of the classfied portions of the 2002 National Intelligence Estimate on Iraq (see October 1, 2002, June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) to reporters to rebut some of Wilson’s claims. The Cheney notes provide, in reporter Michael Isikoff’s words, “significant new context to that assertion.” The notes show that Cheney had “personally raised questions about Wilson’s trip right after the publication of the Wilson column—and five days before Libby confirmed to Time reporter Matt Cooper that he had ‘heard’ that Wilson’s wife… had played a role in sending him to Africa” (see July 13, 2005). [CNN, 5/14/2006; Newsweek, 5/16/2006]
Cheney 'at Center of Campaign to Discredit Wilson' - Authors Lou Dubose and Jake Bernstein later write, “The annotation places Cheney at the center of the campaign to discredit Wilson, aware early on that Wilson’s wife was a CIA agent.” [Dubose and Bernstein, 2006, pp. 217] Plame Wilson herself will write: “Given Cheney’s vaunted decades of government service, it is frankly unbelievable that he would ask such questions. He would have known that the CIA frequently sends US citizens abroad, on a pro bono basis, to answer specific intelligence questions. It is even quite possible that the CIA debriefed employees of Halliburton, the multinational company that Cheney headed prior to becoming vice president, when they returned from business trips in restricted countries of interest to the United States. Cheney’s marginal notes should be more accurately interpreted as marching orders to staff on how to spin Joe’s story so that Cheney could stay as far from it as possible while simultaneously undermining Joe’s credibility.” (Emphasis in the original.) [Wilson, 2007, pp. 288]

Entity Tags: George W. Bush, Michael Isikoff, Jake Bernstein, Joseph C. Wilson, Lewis (“Scooter”) Libby, Lou Dubose, Valerie Plame Wilson, Office of the Vice President, Patrick J. Fitzgerald, Matthew Cooper, Richard (“Dick”) Cheney, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

As a firestorm of controversy and doubt surrounds reports of White House strategist Karl Rove’s imminent indictment for perjury (see May 12, 2006 and May 13, 2006), investigative reporter Jason Leopold defends his reporting; in an interview with syndicated commentator Ian Masters, Leopold says if his story is wrong, he will reveal the identities of his sources. “I will reiterate,” he tells Masters, “these sources that I have had on this story know full well that leading me astray… I would no longer be obliged to keep their identities secret.” Leopold has written that his sources include “a half-dozen White House aides and two senior officials who work at the Republican National Committee.” [Mike Stark, 5/15/2006] Leopold’s reporting was indeed incorrect; a month later, prosecutor Patrick Fitzgerald will announce that he is not charging Rove with anything (see June 13, 2006). Leopold will later back away from his stated intention to reveal his sources (see June 12-13, 2006).

Entity Tags: Jason Leopold, Ian Masters, Patrick J. Fitzgerald, Karl C. Rove

Timeline Tags: Niger Uranium and Plame Outing

At a pretrial hearing on a motion to quash the Libby defense team’s subpoenas of journalists and media organizations (see May 8, 2006), lawyers for the New York Times, Time magazine, and NBC News agree to turn over notes, memos, and documents pertaining to their journalists’ involvement in the Valerie Plame Wilson identity leak. The Washington Post and CNN have already turned over materials requested by the defense. During the hearing, Lewis Libby’s lawyers indicate that their trial strategy will be to attack the credibility of those journalists, and claim that it was the journalists, not Libby, who lied to special counsel Patrick Fitzgerald’s investigators and the FBI. “I do respect the important role that the press plays in our society but want to give Mr. Libby the information he needs for a fair trial,” Judge Reggie Walton says during the hearing. Robert Bennett, the lawyer representing former Times reporter Judith Miller, says during the hearing that the defense’s efforts amount to nothing more than “a massive fishing expedition.” He adds, “They just want to romp through her records,” and argues that Libby’s lawyers already have all the relevant information, since Miller has already provided some information from her notebooks. “The only thing that has not been produced are things that they are not entitled to” under federal rules of evidence, such as “records of people unrelated to the case and other sources about other subjects. They have everything relevant to this case,” Bennett says. For their side, Libby’s lawyers argue that Libby’s right to a fair trial outweighs any considerations that might be given to journalists’ right to protect their sources. One of Libby’s lawyers, William Jeffress, says his job isn’t to prove anything from either the reporters’ statements or his client’s, but merely to raise “reasonable doubt” in the minds of jurors. In the days after the hearing, Walton looks over notes, drafts, and records from those journalists turned over to him by the Times, Time magazine, and NBC News, in order to find any information related to Libby’s perjury and obstruction case. Walton orders Time to turn over drafts of reporter Matthew Cooper’s first-person account of his grand jury testimony (see May 26, 2006). [Associated Press, 5/13/2006; Reporters Committee for Freedom of the Press, 5/17/2006; Washington Post, 5/17/2006; Reporters Committee for Freedom of the Press, 11/19/2009]

Entity Tags: NBC News, Judith Miller, CNN, Matthew Cooper, William Jeffress, Robert T. Bennett, Time magazine, Patrick J. Fitzgerald, New York Times, Lewis (“Scooter”) Libby, Reggie B. Walton, Washington Post

Timeline Tags: Niger Uranium and Plame Outing

The Libby defense team files a brief with the court arguing that the special counsel’s recent filing about presentation of news articles into evidence is unsatisfactory (see May 12, 2006), and says that the prosecution must not be allowed to present a copy of former ambassador Joseph Wilson’s New York Times op-ed (see July 6, 2003), annotated with notes written by Vice President Dick Cheney (see May 14, 2006), into evidence. The defense says that Lewis Libby had never seen the op-ed before the FBI showed it to him in November 2003 (see October 14, 2003 and November 26, 2003). “These arguments are tantamount to an acknowledgment that the state of mind of witnesses other than Mr. Libby will be important at trial,” Libby’s lawyers write. The defense also reiterates arguments that the government must provide classified documents for Libby to mount an adequate defense (see May 12, 2006), and reassures Judge Reggie Walton that they do not intend “to use this case to reargue the reasons why the United States invaded Iraq.” They acknowledge that given the fact that a jury will made up of Washington, DC, residents, “such an approach would be a foolish and self-destructive trial strategy.” [US District Court for the District of Columbia, 5/19/2006 pdf file; NBC News, 5/20/2006; Washington Post, 5/20/2006]

Entity Tags: Lewis (“Scooter”) Libby, Joseph C. Wilson, Reggie B. Walton, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Truthout.org publisher Marc Ash issues a lengthy statement concerning the recent controversy stirred up by his publication’s claim that Karl Rove would be indicted as a part of the Plame Wilson leak investigation (see May 13, 2006). Two days before, Ash issued a statement saying that while he stands behind the story, he and his publication may have gotten “too far out in front of the news-cycle” (see May 19, 2006). Ash now writes that he and investigative reporter Jason Leopold have three independent sources confirming that Rove’s attorneys “were handed an indictment either late in the night of May 12 or early in the morning of May 13.” The sources are knowledgeable, says Ash. Special counsel Patrick Fitzgerald has refused to comment on the report. Rove’s attorney Robert Luskin and his spokesman Mark Corallo have categorically denied that Rove was indicted (see May 15, 2006), but Ash says, “we have information that directly contradicts Luskin and Corallo’s denials.” Ash says that two news networks stationed crews outside the building that houses the law firm of Patton Boggs, where Luskin works, and that the fourth floor of that building, where Patton Boggs’s offices are, was “locked down all day Friday and into Saturday night,” May 12 and 13. No one has asked Truthout to retract its story. And the White House has refused to comment. Ash notes that much of Truthout’s reporting depends on confidential sources. “We know that a report based solely on information obtained from confidential sources bears some inherent risks,” he writes. “We know that this is—by far—the biggest story we have ever covered, and that we are learning some things as we go along. Finally, we know that we have the support of those who have always supported us, and that must now earn the support of those who have joined us as of late.” Ash then writes of what he, Leopold, and the Truthout editors believe, but cannot prove. They believe Rove, through Luskin and Corallo, is working with Washington Post reporter Howard Kurtz to “spin” the story in a disfavorable light for Truthout and Leopold. He notes that many conservative media outlets have attacked Truthout, Leopold, and the Fitzgerald investigation in general, and writes: “We believe that rolling out that much conservative journalistic muscle to rebut this story is telling. And we believe that Rove’s camp is making a concerted effort to discredit our story and our organization.” Ash concludes by saying he, Leopold, and the Truthout editors believe, but cannot document their belief, that Rove may be cooperating with the Fitzgerald investigation. “We suspect that the scope of Fitzgerald’s investigation may have broadened—clearly to [Vice President Dick] Cheney—and according to one ‘off the record source’ to individuals and events not directly related to the outing of CIA operative Valerie Plame [Wilson]. We believe that the indictment which does exist against Karl Rove is sealed. Finally, we believe that there is currently a great deal of activity in the Plame investigation.” [Truthout (.org), 5/21/2006] A month later, Fitzgerald will announce that he is not charging Rove with anything (see June 13, 2006).

Entity Tags: Patrick J. Fitzgerald, Jason Leopold, Karl C. Rove, Marc Ash, Mark Corallo, Robert Luskin, Truthout (.org), Patton Boggs LLC

Timeline Tags: Niger Uranium and Plame Outing

Court papers affirm that two CIA officials will testify that accused perjurer Lewis Libby (see October 28, 2005) lied about how he learned the identity of former covert CIA official Valerie Plame Wilson. Former senior CIA official Robert Grenier (see 2:00 p.m. June 11, 2003) and CIA briefer Craig Schmall (see 7:00 a.m. June 14, 2003) will testify for the prosecution, and say they informed Libby of Plame Wilson’s CIA status a month before Libby claims he learned of her CIA identity from a reporter (see July 10 or 11, 2003). [New York Daily News, 5/23/2006]

Entity Tags: Craig Schmall, Central Intelligence Agency, Robert Grenier, Lewis (“Scooter”) Libby, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Vice President Dick Cheney may be called to testify for the prosecution in the Lewis Libby perjury and obstruction trial, says special counsel Patrick Fitzgerald in a brief filed with the court. Libby once served as Cheney’s chief of staff and Cheney could authenticate handwritten notes he wrote on a copy of an op-ed written by war critic Joseph Wilson (see May 14, 2006). Furthermore, Fitzgerald says, Cheney’s “state of mind” is directly relevant to the question of Libby’s alleged lying to FBI agents (see October 14, 2003 and November 26, 2003) and a grand jury (see March 5, 2004 and March 24, 2004) about leaking the identity of CIA official Valerie Plame Wilson. Libby “shared the interests of his superior and was subject to his direction,” Fitzgerald writes in court documents. “Therefore, the state of mind of the vice president as communicated to [the] defendant is directly relevant to the issue of whether [the] defendant knowingly made false statements to federal agents and the grand jury regarding when and how he learned about [Plame Wilson’s] employment and what he said to reporters regarding this issue.” Libby’s lawyers have asserted that Fitzgerald would not subpoena Cheney’s testimony, an assertion that Fitzgerald says is premature. “To the best of government’s counsel’s recollection, the government has not commented on whether it intends to call the vice president as a witness.” [US District Court for the District of Columbia, 5/24/2006 pdf file; US District Court for the District of Columbia, 5/24/2006 pdf file; Associated Press, 5/25/2006] Criminal defense lawyer Jeralyn Merritt, covering the Libby prosecution at the progressive blog TalkLeft, explains that Fitzgerald is more concerned with authenticating the handwritten notes Cheney made on Wilson’s op-ed than he is in putting Cheney on the stand. Merritt writes, “Fitz believes this blows a big hole in Libby’s testimony that he learned of Wilson’s wife working for the CIA from Tim Russert on July 10 or 11th” (see 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, 5:27 p.m. June 11, 2003, (June 12, 2003), and July 10 or 11, 2003). [Jeralyn Merritt, 5/24/2006] Salon reporter Tim Grieve believes that Fitzgerald may well be planning on having Cheney take the stand. In his column, Grieve writes that according to his interpretation of Fitzgerald’s brief, “Fitzgerald makes it clear—without saying so explicitly—that he’d like to put Cheney on the stand [t]o question him about the conversations he had with Libby about Wilson’s column, and in the process to undercut Libby’s claim that those conversations didn’t involve the identity of Wilson’s wife.” [Salon, 5/24/2006]

Entity Tags: Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Tim Grieve, Jeralyn Merritt, Valerie Plame Wilson, Patrick J. Fitzgerald, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton orders the Lewis Libby defense team’s subpoena for former New York Times reporter Judith Miller’s notes and documents to be quashed (see May 16, 2006 and After), a ruling that the Washington Post terms “the latest in a string of court defeats for media efforts to shield news-gathering activities from the legal process.” “The First Amendment does not protect news reporters or news organizations from producing documents when the news reporters are themselves critical to both the indictment and prosecution of criminal activity,” Walton writes. But, he continues, “all other motions [referring to other journalists’ and news organizations’ attempts to quash similar subpoenas] are granted in part and denied in part.” Miller’s notes and records not already in evidence “are simply not relevant” to the case at hand, Walton rules, and chides the Libby defense lawyers for trying to seek unspecified evidence—in essence, demanding materials be turned over in the hopes of finding something useful. “This is not the proper role [such] subpoenas are intended to play in the criminal arena,” Walton writes. “Rather they may be used solely to secure specifically identified evidence for trial that is relevant and admissible.” He agrees with the quash motions that many of the defense’s subpoenas are “fishing expeditions.” Walton withholds final judgment on the relevance of some of the New York Times’s records, though he writes that he doubts the materials will ever prove relevant. He does not approve the subpoenas for records from NBC News and its reporter Andrea Mitchell. Walton does, however, order Time magazine to turn over some documents pertaining to an article written by its reporter Matthew Cooper (see July 13, 2005), saying that “a slight alteration” between information in the drafts could be relevant in Libby’s stated intention to paint Cooper as dishonest. [Bloomberg, 5/26/2006; Washington Post, 5/26/2006; US District Court for the District of Columbia, 5/26/2009 pdf file; US District Court for the District of Columbia, 5/26/2009 pdf file]

Entity Tags: New York Times, Judith Miller, Andrea Mitchell, Lewis (“Scooter”) Libby, NBC News, Time magazine, Washington Post, Matthew Cooper, Reggie B. Walton

Timeline Tags: Niger Uranium and Plame Outing

Senate Democrats Joseph Biden (D-DE), Carl Levin (D-MI), and Harry Reid (D-NV) issue a demand for the Bush administration to “provide policy direction for negotiations with North Korea relating to nuclear weapons, ballistic missiles, and other security matters,” and to “provide leadership for United States participation in Six Party Talks on the denuclearization of the Korean peninsula” (see September 19-20, 2005). The White House ignores the demand. [Scoblic, 2008, pp. 245]

Entity Tags: Bush administration (43), Joseph Biden, Harry Reid, Carl Levin

Timeline Tags: US International Relations

Judge Reggie Walton issues an order disallowing, in large part, the Libby defense team’s motions to compel discovery of an array of government classified documents (see March 17, 2006, April 5, 2006, May 12, 2006, and May 19, 2006). “[T]he defendant’s motion to compel is largely without merit,” Walton writes. He recognizes that the charges against Lewis Libby are impacted by former ambassador Joseph Wilson’s criticism of the Iraq invasion (see July 6, 2003), Wilson’s trip to Niger (see February 21, 2002-March 4, 2002), and the exposure of Wilson’s wife, Valerie Plame Wilson, as a CIA official (see July 14, 2003). Walton intends to allow a “limited” amount of evidence to be admitted in regards to these concerns, but, he writes, “these events have merely an abstract relationship to the charged offenses.” [US District Court for the District of Columbia, 6/2/2006 pdf file] Walton also compels prosecutor Patrick Fitzgerald to turn over “substitutes” for classified documents pertaining to Plame Wilson’s employment history with the CIA, potential damage caused by Plame Wilson’s identity disclosure, and the names of “three individuals whose identities were redacted from classified documents previously made available to the defense.” [US District Court for the District of Columbia, 6/2/2006 pdf file] According to Salon’s Tim Grieve, Walton is clearly siding with Fitzgerald’s “small case” view over the Libby team’s “big case” view (see May 10, 2006), focusing primarily on the issue of Libby’s alleged perjury and disallowing Libby’s efforts to refocus the case on the Bush administration’s response to criticisms of its handling of the Iraq war. [Salon, 6/2/2006]

Entity Tags: Joseph C. Wilson, Reggie B. Walton, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Tim Grieve, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

The Board of Governors of the American Bar Association (ABA) votes unanimously to investigate whether President Bush has exceeded his presidential authority by using signing statements to assert that he can ignore or override laws passed by Congress (see April 30, 2006 and September 2007). ABA president Michael Greco, who served with former Republican govenor William Weld (R-MA), appoints a bipartisan, blue-ribbon panel of legal experts, including former government officials, legal scholars, and retired FBI Director William Sessions, to carry out the inquiry. The ABA Task Force on Presidential Signing Statements and the Separation of Powers Doctrine will work for two months on a report (see July 23, 2006). [Savage, 2007, pp. 244-245]

Entity Tags: Michael Greco, ABA Task Force on Presidential Signing Statements and the Separation of Powers Doctrine, American Bar Association, George W. Bush, William Weld, William S. Sessions

Timeline Tags: Civil Liberties

In an op-ed, the Wall Street Journal harshly criticizes the Patrick Fitzgerald prosecution of Lewis Libby (see October 28, 2005), and objects to Fitzgerald’s intention to use a July 2003 Journal column as evidence of Libby’s perjury. According to the Journal, the key passage from that column reads: “One of the mysteries of the recent yellowcake uranium flap is why the White House has been so defensive about an intelligence judgment that we don’t yet know is false, and that the British still insist is true. Our puzzlement is even greater now that we’ve learned what last October’s National Intelligence Estimate really said.” Now, the Journal writes, that column proved the editorial staff’s assertion that President Bush was truthful in his January 2003 assertion that Iraq had attempted to purchase uranium from Niger (see Mid-January 2003 and 9:01 pm January 28, 2003), and former ambassador Joseph Wilson’s allegation that Bush was untruthful was, itself, untruthful (see July 6, 2003). Fitzgerald’s decision to use the Journal editorial “suggests that his case is a lot weaker than his media spin,” the Journal writes. The Journal notes that Libby was not a source for the 2003 editorial, “which quoted from the October 2002 National Intelligence Estimate concerning the Africa-uranium issue. But Mr. Fitzgerald alleges in a court filing that Mr. Libby played a role in our getting the information, which in turn shows that ‘notwithstanding other pressing government business, [Libby] was heavily focused on shaping media coverage of the controversy concerning Iraqi efforts to obtain uranium from Niger.’” According to the Journal, Fitzgerald is asserting that government officials such as Libby “have no right to fight back against critics who make false allegations,” and continues, “To the extent our editorial is germane to this trial, in fact, it’s because it puts Mr. Libby’s actions into a broadly defensible context that Mr. Fitzgerald refuses to acknowledge.” The editorial concludes by asserting that Fitzgerald is siding with Wilson against Libby and the Bush administration in what it calls “a political fight.” [Wall Street Journal, 6/6/2006] Former state prosecutor Christy Hardin Smith, covering the Libby trial at the progressive blog FireDogLake, uses lengthy excerpts from Judge Reggie Walton’s rulings to show that the Journal op-ed will, indeed, serve as evidence of Libby’s perjury. Smith accuses the Journal editorial staff of “shilling” for Libby and the Bush administration, and of being “willing participants” in a cover-up that would result in “lawbreakers” such as Libby going unpunished. [Christy Hardin Smith, 6/6/2006]

Entity Tags: Lewis (“Scooter”) Libby, Christy Hardin Smith, George W. Bush, Joseph C. Wilson, Wall Street Journal, Patrick J. Fitzgerald, Reggie B. Walton

Timeline Tags: Niger Uranium and Plame Outing

The dead Abu Musab al-Zarqawi.The dead Abu Musab al-Zarqawi. [Source: US army]Abu Musab al-Zarqawi, the supposed leader of al-Qaeda in Iraq, is apparently killed in a US airstrike north of Baghdad. There are contradictory details of what exactly happened in the airstrike, and three days later the Washington Post will report that “circumstances surrounding the killing [remain] cloudy.” [Washington Post, 6/10/2006] His killing is hailed by US and Iraqi officials as the most significant public triumph for US-allied forces since the 2003 capture of Saddam Hussein. For instance, Defense Secretary Rumsfeld calls him “the leading terrorist in Iraq and one of three senior al-Qaeda leaders worldwide.” The Washington Post calls al-Zarqawi the “mastermind behind hundreds of bombings, kidnappings and beheadings in Iraq.” [Washington Post, 6/8/2006; Washington Post, 6/10/2006] These pronouncements and media reports ignore a revelation made two months earlier by the Washington Post that the US military has been engaged in a propaganda campaign to exaggerate al-Zarqawi’s importance. The newspaper had reported that Zarqawi wasn’t behind nearly as many attacks as commonly reported (see October 4, 2004 and April 10, 2006). Even a Washington Post article about the propaganda surrounding al-Zarqawi published two days after his death will fail to mention any of the details provided in the Post’s original reporting on the campaign. [Washington Post, 6/10/2006] Later in the month, an audiotape surfaces in which bin Laden supposedly praises al-Zarqawi as a martyr (see June 30, 2006), calling him a “brave knight” and a “lion of jihad.” US officials say the tape is genuine, however it should be noted that a letter from 2004 said to tie al-Zarqawi to al-Qaeda leadership is believed by many experts to be a US-government promoted hoax (see April 10, 2006). [Washington Post, 6/30/2006] Al-Zarqawi did pledge loyalty to bin Laden in 2004, but they don’t appear to have been closely linked before then and there even are doubts about how close their relationship was after that time (see October 17, 2004).

Entity Tags: Al-Qaeda, Abu Musab al-Zarqawi, Donald Rumsfeld, Osama bin Laden

Timeline Tags: Complete 911 Timeline, Iraq under US Occupation

Joseph Wilson poses with Yearly Kos participant Natasha Chart.Joseph Wilson poses with Yearly Kos participant Natasha Chart. [Source: Pacific Views (.org)]Former ambassador Joseph Wilson, who became the target of a White House smear campaign after he publicly criticized the government’s push for war with Iraq (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006), receives a standing ovation from the audience at his appearance at the Yearly Kos convention in Las Vegas. The convention is a group of bloggers and citizen journalists, mostly liberals and progressives, organized by the Daily Kos Web site. About a thousand convention goers gather to hear Wilson speak during one of the day’s panel discussions. Wilson says he will not be intimidated by what he calls a White House campaign to obscure lies told during the run-up to the war in Iraq. “We must and we can stand up to the schoolyard bullies and insure that these decisions on war and peace and other major issues are undertaken with the consent of the governed,” he says. Wilson goes on to say that the indictment of former White House official Lewis Libby (see October 28, 2005) and the disclosures about the case that have come in subsequent court filings have vindicated him against critics who claim he lied or misrepresented the facts surrounding his 2002 mission to Africa (see February 21, 2002-March 4, 2002 and July 6, 2003). “As facts emerge, of course, the dwindling number of those who still believe the thesis of ‘Wilson is a liar, or has been discredited,’ are either victims of the ongoing disinformation campaign or the willful perpetrators of it,” he says. Wilson affirms that neither he nor his wife, exposed CIA official Valerie Plame Wilson, intend to run for elective office. “I can assure you that neither she [nor] I intend to do anything other than return to our private lives,” he says.
Former CIA Agent Reaffirms Damage Done by Plame Wilson's Exposure - One of Wilson’s panel colleagues, former CIA agent and State Department official Larry Johnson (see September 30, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, and October 23-24, 2003), says partisan Republicans have lost sight of the gravity of what he believes was a deliberate campaign to expose Plame Wilson’s status for political reasons. “How it is that conservative Republicans can excuse what is nothing short of treason is beyond me,” he says. Johnson describes himself as “a lifelong conservative.” He reiterates his earlier statements that Plame Wilson was not publicly known as a CIA official before being “outed” by columnist Robert Novak (see July 14, 2003). “Valerie Plame, Valerie Wilson was an undercover CIA officer until the day her name appeared in Robert Novak’s column,” Johnson says. Libby’s lawyers have said they have witnesses who will testify that Plame Wilson’s CIA affiliation was known outside the government, but they have not identified those witnesses. Plame Wilson’s exposure did “damage… to the intelligence operations of the Central Intelligence Agency and ultimately to the security of this nation,” Johnson tells the audience. White House political strategist Karl Rove, whom Wilson once said should be “frog marched” out of the White House in handcuffs (see August 21, 2003), should have his security clearance revoked and be fired, Johnson says, regardless of whether he is indicted.
Journalists: Media Did Not Do Its Job in Covering Story - Another panel member, the Washington Post’s Dan Froomkin, says journalists have become so preoccupied by the jailing of fellow reporter Judith Miller (see October 7, 2004) that they have lost sight of the broader story. “The really sad moment for journalism here is, faced with this incredibly important story, reporters didn’t go out and develop sources for this story,” he says. “This is a hell of a story.” Froomkin calls Miller “a humiliated and discredited shill,” presumably for the Bush administration. Fellow panel member Murray Waas of the National Journal says most major news outlets have not adequately covered the story. “There’s no reporter for any major news organization covering it even one or two days a week,” he says. “I don’t know why.” Waas says that perhaps some editors have ignored the story because it involves leaks to reporters at those same news outlets. “Their own role is so comprised that they hope it just goes away,” he says. [New York Sun, 6/10/2006]

Entity Tags: Karl C. Rove, Daily Kos, Central Intelligence Agency, Bush administration (43), Dan Froomkin, Judith Miller, Larry C. Johnson, Robert Novak, Joseph C. Wilson, Valerie Plame Wilson, Murray Waas

Timeline Tags: Niger Uranium and Plame Outing

Investigative journalist Jason Leopold, who in May reported for the progressive news Web site Truthout (.org) that White House political strategist Karl Rove was indicted for perjury in the Valerie Plame Wilson identity leak investigation (see May 13, 2006), defends his story, saying that the indictment remains under seal in the US District Court for the District of Columbia “under the curious heading of Sealed vs. Sealed.” Leopold says that the grand jury handed down the indictment “the week of May 10th,” and adds: “The case number is ‘06 cr 128.’ On the federal court’s electronic database, ‘06 cr 128’ is listed along with a succinct summary: ‘No further information is available.’” Leopold says that neither he nor any other journalist has seen the indictment “06 cr 128,” but adds, “[T]he fact that this indictment was returned by the grand jury hearing evidence in the CIA leak case on a day that special prosecutor Patrick Fitzgerald met with the grand jury raised a number of questions about the identity of the defendant named in the indictment, whether it relates to the leak case, and why it has been under seal for a month under the heading Sealed vs. Sealed.” Leopold notes that “the grand jury in the CIA leak case also meets to hear evidence on other federal criminal cases, including at least one other high-profile case—crimes related to the Jack Abramoff lobbying scandal.” He quotes unnamed “legal experts” as saying it is not unusual to keep such an indictment as Rove’s “under seal for weeks or months… if an investigation, such as the CIA leak probe, is ongoing.” [Truthout (.org), 6/12/2006; Raw Story, 6/13/2006] Both Leopold and Truthout publisher Marc Ash continue to stand by the story; although Leopold told an interviewer in May that if his story was wrong, he would reveal his high-level sources (see May 15, 2006), he now refuses, telling progressive radio host Ed Schultz: “I’m standing by that what we were told was accurate. Certainly if some bad information was given, we’ll decide what the appropriate thing to do [is].… But if something did happen four weeks ago, [and] something happened in the past four weeks in Karl Rove’s favor… how does that make me wrong?” Leopold acknowledges that Rove’s lawyer, Robert Luskin, has repeatedly claimed that Rove will not be indicted, but says that his sources still insist Rove has indeed been indicted. [Truthout (.org), 6/12/2006] Ash posts on his Web site’s forum that he and Leopold are sure the “06 cr 128” indictment was returned by the Fitzgerald grand jury, and filed around May 10, just days before Leopold reported that Rove had been indicted. He and Leopold believe, without being able to verify their beliefs, that the indictment is “directly related” to the Plame Wilson leak investigation. “That’s based on a single credible source and the information discussed above.” Ash also states that he and Leopold believe Rove is cooperating with Fitzgerald’s investigation: “That is based, again, on a single credible source, and background information provided by experts in federal criminal law.” [Steve Gilbert, 6/12/2006] The same day that Leopold gives an interview to Schultz, special counsel Patrick Fitzgerald informs Rove that he does not plan on charging him with any crimes (see June 13, 2006).

Entity Tags: Marc Ash, Jason Leopold, Patrick J. Fitzgerald, Bush administration (43), Robert Luskin, Karl C. Rove, Edward Andrew (“Ed”) Schultz, Truthout (.org)

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald, investigating the Valerie Plame Wilson identity leak (see December 30, 2003), informs White House deputy chief of staff Karl Rove that he does not plan to file charges against him in conjunction with the leak. [Associated Press, 6/13/2006; Washington Post, 7/3/2007]
'No Deal' - Rove’s lawyer Robert Luskin says that he negotiated no deals with Fitzgerald to spare his client from prosecution: “There has never, ever been any discussion of a deal in any way, shape, or form.” [Jeralyn Merritt, 6/13/2006]
'A Chapter that Has Ended' - The decision follows months of wrangling between Fitzgerald’s team and Luskin. Neither Fitzgerald nor Luskin give any details about the issues and actions behind the decision, but Luskin says, “We believe that the special counsel’s decision should put an end to the baseless speculation about Mr. Rove’s conduct.” Rove spokesman Mark Corallo says that Rove made no deals with Fitzgerald to cooperate with the investigation, and that the decision is based solely on Fitzgerald’s findings. President Bush says of the news: “It’s a chapter that has ended. Fitzgerald is a very thorough person. I think he’s conducted his investigation in a dignified way. And he’s ended his investigation.… There’s still a trial to be had. And those of us involved in the White House are going to be very mindful of not commenting on this issue.” Christopher Wolf, a lawyer for Plame Wilson and her husband, Joseph Wilson, says that the couple is considering filing a civil suit against Rove. “The day still may come when Mr. Rove and others are called to account in a court of law for their attacks on the Wilsons,” Wolf says. [New York Times, 6/13/2006; Associated Press, 6/13/2006]
Rove 'Elated' - Corallo describes Rove as “elated” over the news. Legal analyst Andrew Cohen says: “Prosecutors have ethical obligations not to indict someone when they don’t think they can win at trial and I suspect that may be what happened here. For whatever reason Fitzgerald the prosecutor didn’t believe he could take a case against Rove to a jury and win it.” [CBS News, 6/13/2006]
A Variety of Responses - Democratic National Committee (DNC) chairman Howard Dean says of Rove: “He doesn’t belong in the White House. If the president valued America more than he valued his connection to Karl Rove, Karl Rove would have been fired a long time ago. So I think this is probably good news for the White House, but it’s not very good news for America.” [Associated Press, 6/13/2006] “The notion of the leak and the overall White House involvement, that ain’t over,” says Representative Rahm Emanuel (D-IL). “Obviously, we know that ‘Scooter’ Libby is not Karl Rove. But you have the vice president of the United States involved, or at least his office was involved.” Representative Henry Waxman (D-CA) says that Fitzgerald’s decision not to prosecute Rove should trigger a Congressional investigation into whether Rove mishandled classified information when he discussed Plame Wilson with reporters. Though Fitzgerald conducted a “narrow” criminal invesigation, Waxman says, Congress should examine the broader issue of whether Rove deserved to keep his high-level security clearance (see July 13, 2005). [Los Angeles Times, 6/14/2006] The Republican National Committee (RNC) circulates quotes from Democratic lawmakers attacking Rove under the headline of “Wrong Again: Prejudging Karl Rove Is Latest Example of Democrats’ Overheated Rhetoric and False Statements.” “What you had in this case was an unbelievable example of misjudgment for political purposes by leading Democrats,” says RNC chairman Ken Mehlman. He adds that the entire Rove imbroglio is just an example of how Democrats “rush to judgment.” Democratic leaders “owe [Rove] an apology,” Mehlman says. [Washington Post, 6/13/2006; Los Angeles Times, 6/14/2006] Plame Wilson and her husband, former ambassador Joseph Wilson, are deeply disappointed at the decision. In 2007, Plame Wilson will write: “It was hard to process that someone who had appeared before a grand jury five times (see April 26, 2006), and had admitted that he had spoken to Robert Novak and Matt Cooper in the week before my name was published (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003), would face no consequences for his actions.… While our faith in Fitzgerald’s skills and integrity remained unshaken, we couldn’t help but wonder, along with everyone else, what the special prosecutor had received or heard from Rove to prompt his decision.” [Wilson, 2007, pp. 250] Criminal defense lawyer Jeralyn Merritt, writing for the progressive blog TalkLeft, writes that she believes Rove has “cooperated with Fitzgerald by testifying to the grand jury five times and providing whatever information he had without a safety net. Without a 5k. Without assurances he would not be indicted. That’s a hell of a risk, but Luskin pulled it off. My hat’s off to Luskin.… I’m ready to put this to bed. Karl Rove walked. He’s one of the rare subjects of an investigation who was able to talk his way out of an indictment.” [Jeralyn Merritt, 6/13/2006] Former prosecutor and blogger Christy Hardin Smith, writing for the progressive blog FireDogLake, writes: “If Luskin is coming out and saying publicly that they got a letter from Pat Fitzgerald which says that Rove will not be charged, there are two things that I want to see and know: (1) what does the letter actually say, word for word; and (2) does it say something along the lines of ‘Please thank Karl for his cooperation in this matter.’” Smith adds: “Patrick Fitzgerald and his team are career professionals. You do not charge someone with a criminal indictment merely because they are scum. You have to have the evidence to back up any charges—not just that may indicate that something may have happened, but you must have evidence that criminal conduct occurred and that you can prove it. You charge the evidence you have, you try the case you can make, and you don’t go down a road that will ultimately be a waste of the public’s money and time once you have ascertained that the case is simply not there. It doesn’t mean that you don’t think the SOB that you can’t charge isn’t a weasel or guilty as hell, it just means that you can’t prove it. (And, fwiw [for what it’s worth], those times are the worst of your career, because you truly hate to let someone go when you know in your gut they’ve done something wrong.)” [Christy Hardin Smith, 6/13/2006]

Entity Tags: Henry A. Waxman, Valerie Plame Wilson, Republican National Committee, Andrew Cohen, Christopher Wolf, George W. Bush, Christy Hardin Smith, Rahm Emanuel, Robert Luskin, Mark Corallo, Howard Dean, Patrick J. Fitzgerald, Joseph C. Wilson, Jeralyn Merritt, Ken Mehlman, Karl C. Rove, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Larry Wilkerson, the former chief of staff to ex-Secretary of State Colin Powell, recalls helping Powell prepare for his February 2003 presentation to the United Nations that made the administration’s case for war with Iraq (see January 29, 2003 and January 30-February 4, 2003). The presentation was later proven to be filled with half-truths, fabrications, and outright lies, many of them provided by the Office of the Vice President, Wilkerson says. Powell made the decision to toss aside the three dossiers given to him and Wilkerson by Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby, and instead go with the National Intelligence Estimate on Iraq, recently prepared by the CIA (NIE—see October 1, 2002). Wilkerson now believes that Libby’s dossiers were set-ups, red herrings designed to steer Powell to the NIE, which was better sourced but almost as badly flawed and misleading. [Dubose and Bernstein, 2006, pp. 182]

Entity Tags: Lawrence Wilkerson, Colin Powell, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Office of the Vice President

Timeline Tags: Events Leading to Iraq Invasion

Freelance journalist Joe Lauria writes of his involvement in the false reports that White House political strategist Karl Rove had been indicted in the Valerie Plame Wilson identity leak investigation (see May 13, 2006). Lauria says that the real story centers around investigative reporter Jason Leopold, whom he describes as “a troubled young reporter with a history of drug addiction whose aggressive disregard for the rules ended up embroiling me in a bizarre escapade—and raised serious questions about journalistic ethics.” Lauria says he met Leopold once, three days before the first Rove story ran (see May 12, 2006), to discuss Leopold’s upcoming memoir News Junkie, which details Leopold’s history of childhood abuse, drug addiction, a felony conviction, and what Lauria calls “deception in the practice of journalism.” Lauria writes that he felt for the “vulnerable” Leopold, told Leopold that he freelanced for the Sunday Times of London, and gave the reporter his cell phone number. Lauria even sent Leopold a congratulatory e-mail on the Rove “scoop.” On a progressive blog called TalkLeft, Lauria found that Rove spokesman Mark Corallo had spoken to someone identifying himself as “Joel” someone from the “Londay [sic] Sunday Times,” and was given a cell phone number nearly identical to Lauria’s. Lauria confirmed the story by speaking with Corallo, who told him he thinks he has never spoken to Leopold, and the person he spoke to said that he had confirmation from a spokesman for special counsel Patrick Fitzgerald that the indictment was real. Lauria called Leopold, who “gave [him] a profanity-filled earful” and said that Corallo had called him to denounce the story. Lauria accused Leopold of pretending to be him in the phone call Corallo cited in the blog, and, according to Lauria, Leopold retorted, “Joe, I would never, ever have done something like that.” Lauria then writes: “Except that he has done things like that. His memoir is full of examples.” Lauria writes that he, like Corallo, believes Leopold simply made up the entire story, most likely to generate attention for himself. He writes: “These days it is about the reporter, not the story; the actor, not the play; the athlete, not the game. Leopold is a product of a narcissistic culture that has not stopped at journalism’s door, a culture facilitated and expanded by the Internet.” [Washington Post, 6/18/2006] The next day, CBS News reporter Brian Montopoli characterizes Lauria’s story as “somewhat vindictive,” and adds that while Leopold’s ethics and conduct in the matter are questionable at best, Lauria’s attempt at character assassination does him little credit. Montopoli also hints that Leopold may have been misinformed by his sources, saying, “[A]s Leopold has learned all too well, if you are willing to lie to your sources, they have every reason to lie to you.” [CBS News, 6/19/2006]

Entity Tags: Mark Corallo, Brian Montopoli, Jason Leopold, Patrick J. Fitzgerald, Joe Lauria, Karl C. Rove

Timeline Tags: Niger Uranium and Plame Outing

Former prosecutor Joseph diGenova, a veteran Washington attorney with deep Republican ties, says he believes President Bush will pardon former White House official Lewis Libby. “I think ultimately, of course, there are going to be pardons,” he says. “These are the kinds of cases in which historically presidents have given pardons.” DiGenova says that special counsel Patrick Fitzgerald’s indictment of Libby “is the epitome of the criminalization of the political process.” Newsday, which publishes the interview with diGenova, calls diGenova “an old Washington hand who shares that view with many pundits.” Other unnamed sources quoted in the Newsday article say they believe Bush will pardon Libby before a trial can start, thus sparing Vice President Dick Cheney from the possibility of adverse information being made public. [Salon, 6/19/2006; Talking Points Memo, 6/19/2006] DiGenova made a similar prediction two months earlier (see April 9, 2006). He has previously stated that he believes no crime was committed by leaking Valerie Plame Wilson’s CIA identity to the public, in part because her identity was “well known” (see February 10, 2004).

Entity Tags: Patrick J. Fitzgerald, George W. Bush, Joseph diGenova, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Asked about the Libby trial by CNN anchor John King, Vice President Dick Cheney refuses to comment. “John, I’m not going to comment on the case,” Cheney says. “I may be called as a witness. Scooter Libby, obviously, one of the finest men I’ve ever known. He’s entitled to the presumption of innocence. And I have not made any comments on the case up ‘til now, and I won’t.” [CNN, 6/22/2006]

Entity Tags: Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, John King

Timeline Tags: Niger Uranium and Plame Outing

Inspired in part by the American Bar Association’s upcoming task force report on President Bush’s use of signing statements to ignore the law (see July 23, 2006), Senate Judiciary Committee chairman Arlen Specter (R-PA) holds a hearing on signing statements. Specter asks the White House to send either Attorney General Alberto Gonzales or Steven Bradbury, the acting head of the Justice Department’s Office of Legal Counsel, to testify to the use of the statements. Instead, in what some observers feel is a calculated snub, the White House sends Michelle Boardman, a low-ranking Justice Department deputy. Boardman refuses to answer questions about the use of signing statements by Bush, and instead argues that Bush has shown respect to Congress by using signing statements to indicate his refusal to comply with legislation rather than vetoing entire bills. “Respect for the legislative branch is not shown through [making] a veto,” she tells the assembled committee members. “Respect for the legislative branch, when we have a well-crafted bill, the majority of which is constitutional, is shown when the president chooses to construe a particular statement in keeping with the Constitution, as opposed to defeating an entire bill that would serve the nation.” The president has the power and responsibility to ignore any portion of any law passed by Congress when he feels it conflicts with the Constitution, she says, even in cases “where the Supreme Court has yet to rule on an issue, but the president has determined that a statutory law violates the Constitution.” She notes that previous presidents also used signing statements to raise constitutional questions about specific portions of selected legislation. Senator Russ Feingold (D-WI) is unconvinced by Boardman’s arguments. Bush is using signing statements, he says, “to advance a view of executive power that, as far as I can tell, has no bounds. [The White House has] assigned itself the sole responsibility for deciding which laws it will comply with, and in the process has taken upon itself the powers of all three branches of government.” [Savage, 2007, pp. 248-249]

Entity Tags: Michelle Boardman, Alberto R. Gonzales, Bush administration (43), US Department of Justice, Senate Judiciary Committee, Office of Legal Counsel (DOJ), Steven Bradbury, Arlen Specter, Russell D. Feingold

Timeline Tags: Civil Liberties

Al-Qaeda deputy leader Ayman al-Zawahiri also mentioned the death of Abu Musab al-Zarqawi in a video.Al-Qaeda deputy leader Ayman al-Zawahiri also mentioned the death of Abu Musab al-Zarqawi in a video. [Source: As Sahab]A man said to be Osama bin Laden releases an audio message following the death of Abu Musab al-Zarqawi, who was said to be head of al-Qaeda’s franchise in Iraq (see June 8, 2006). The voice says that al-Zarqawi, who died following a US air strike, is “one of our greatest knights and one of our best emirs… We were very happy to find in him a symbol and role model for our future generations.” The voice, which the CIA says is bin Laden’s, also asks that al-Zarqawi’s body be returned to Jordan, where he was born. The speaker also says: “We will continue, God willing, to fight you and your allies everywhere, in Iraq, Afghanistan, Somalia and Sudan, until we drain your money and kill your men and send you home defeated, God willing, as we defeated you before, thanks to God, in Somalia.” The message lasts almost 20 minutes and is posted on a website associated with al-Qaeda. [CNN, 6/30/2006] Al-Zarqawi pledged loyalty to bin Laden in 2004 (see October 17, 2004).

Entity Tags: Abu Musab al-Zarqawi, Central Intelligence Agency, Osama bin Laden

Timeline Tags: Complete 911 Timeline, Iraq under US Occupation

Former CIA analyst Melvin Goodman tells authors Lou Dubose and Jake Bernstein that the damage done to the agency by the Bush administration is long-lasting and may well be permanent. “The CIA is a brittle bureaucracy, fragile as any other,” he says. “It’s now broken.” Part of the reason for the damage is the pressure brought to bear on the agency by senior White House officials (see 2002-Early 2003, Fall 2002, and Fall 2002). A former deputy director of the CIA tells the authors: “In the history of the agency, I’ve never heard of a vice president making specific demands of analysts. It’s never occurred. It’s without precedent.” It will change the way the CIA functions, he says. “The mere fact that [Vice President Cheney and his then-chief of staff Lewis Libby] were out there will generate in the bureaucracy—and the CIA is a bureaucracy—a sort of thinking that says, ‘Gee, can we make them happy, can we continue to satisfy them?’ That’s not the sort of thinking you want in an intelligence agency.” [Dubose and Bernstein, 2006, pp. 222]

Entity Tags: Melvin A. Goodman, Bush administration (43), Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, Central Intelligence Agency

Timeline Tags: Civil Liberties

North Korea announces that if it is attacked by the US, it will retaliate with nuclear weapons. A Bush administration spokesman says the threat is “deeply hypothetical” and not to be taken seriously (see October 9, 2006). Over the next two days after issuing the threat, North Korea test-fires seven ballistic missiles, including one long-range Taepodong-2 missile. [BBC, 12/2007]

Entity Tags: Bush administration (43)

Timeline Tags: US International Relations

MSNBC talk show host Tucker Carlson tells his viewers that “[t]here’s never been a shred of evidence” that the disclosure of former CIA operative Valerie Plame Wilson’s covert identity (see Fall 1992 - 1996) “compromised our national security.” Carlson is misrepresenting the issue. CIA official Bill Harlow twice warned columnist Robert Novak not to divulge Plame Wilson’s name or CIA identity to the public (see (July 11, 2003) and Before July 14, 2003). Special counsel Patrick Fitzgerald found that Plame Wilson’s identity had been protected by the CIA “not just for the officer, but for the nation’s security” (see October 28, 2005). And a number of former and current CIA officers and agents have said that the disclosure of her identity and her front company, Brewster Jennings, likely endangered others, both CIA agents and foreign sources (see October 3, 2003, October 11, 2003, October 22-24, 2003, and October 23-24, 2003). Carlson is commenting on Novak’s July 12 column, where he discusses his testimony in Fitzgerald’s investigation and discloses that White House political strategist Karl Rove was one of his sources for his Plame Wilson column (see July 12, 2006). [Media Matters, 7/13/2006]

Entity Tags: Valerie Plame Wilson, Bill Harlow, Brewster Jennings, Tucker Carlson, Central Intelligence Agency, Robert Novak, Karl C. Rove, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Former ambassador Joseph Wilson, whose wife Valerie Plame Wilson was exposed as a CIA agent by columnist Robert Novak (see July 14, 2003), writes an e-mail to Christy Hardin Smith, a former prosecutor who writes for the progressive blog FireDogLake. Referring to Novak’s recent column (see July 12, 2006) and its falsehoods and misrepresentations (see July 12, 2006), Wilson writes: “Robert Novak, some other commentators, and the administration continue to try to completely distort the role that Valerie Wilson played with respect to Ambassador Wilson’s trip to Niger. The facts are beyond dispute. The Office of the Vice President requested that the CIA investigate reports of alleged uranium purchases by Iraq from Niger (see (February 13, 2002)). The CIA set up a meeting to respond to the vice president’s inquiry (see Shortly after February 13, 2002). Another CIA official, not Valerie Wilson, suggested to Valerie Wilson’s supervisor that the ambassador attend that meeting (see February 19, 2002). That other CIA official made the recommendation because that official was familiar with the ambassador’s vast experience in Niger and knew of a previous trip to Africa concerning uranium matters that had been undertaken by the ambassador on behalf of the CIA in 1999 (see Fall 1999). Valerie Wilson’s supervisor subsequently asked her to relay a request from him to the ambassador that he would like the ambassador to attend the meeting at the CIA. Valerie Wilson did not participate in the meeting” (see February 13, 2002). [Christy Hardin Smith, 7/13/2006]

Entity Tags: Valerie Plame Wilson, Central Intelligence Agency, Christy Hardin Smith, FireDogLake, Joseph C. Wilson, Robert Novak, Office of the Vice President

Timeline Tags: Niger Uranium and Plame Outing

The United Nations Security Council unanimously votes to sanction North Korea for its illict ballistic missile tests (see July 3-5, 2006). The resolution demands UN members bar exports and imports of missile-related materials to North Korea and that it halt its ballistic missile program. [BBC, 12/2007]

Entity Tags: United Nations Security Council

Timeline Tags: US International Relations

Lewis Libby’s lawyers inform the court that they intend to call a memory expert at trial (see January 31, 2006). Libby’s lawyers have already retained Harvard psychology professor Daniel Schacter, a memory expert, as a trial consultant (see Before February 28, 2006), though it is unclear whether Schacter is the expert they intend to put on the stand. The brief filed by Libby’s lawyers indicates they have already informed special counsel Patrick Fitzgerald of their intention to call the memory expert. [US District Court for the District of Columbia, 7/17/2006; Jeralyn Merritt, 7/19/2006] Two weeks later, the Libby team will announce that their memory expert will be psychology professor Robert Bjork (see July 31, 2006).

Entity Tags: Daniel L. Schacter, Robert Bjork, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Conservative columnist Byron York asserts that former CIA official Valerie Plame Wilson and her husband, former ambassador Joseph Wilson, have filed a lawsuit against Vice President Dick Cheney, White House aide Karl Rove, and former White House aide Lewis “Scooter” Libby for monetary gain (see July 13, 2006). Without substantiating his accusations, York writes that Plame Wilson is using the lawsuit to heighten interest in her forthcoming book on her CIA career (see October 22, 2007), while Wilson is using the lawsuit to spur interest in his (presumably paid) speaking engagements. Both want to, in York’s words, “keep interest in the flagging CIA leak case alive.” [The Hill, 7/20/2006]

Entity Tags: Joseph C. Wilson, Byron York, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Richard (“Dick”) Cheney, Karl C. Rove

Timeline Tags: Niger Uranium and Plame Outing

The American Bar Association (ABA)‘s Task Force on Presidential Signing Statements and the Separation of Powers Doctrine issues its final report for its investigation into whether President Bush has exceeded his presidential authority by using signing statements to assert that he can ignore or override laws passed by Congress (see June 4, 2006).
Bush Violating the Constitution - The report concludes that Bush is violating the Constitution by signing a bill and then issuing a signing statement declaring that he will refuse to obey selected sections of that bill. The president’s own belief that a particular provision of a law is unconstitutional carries no legal weight, and gives him no right to ignore or disobey that provision, the task force finds. The Constitution gives presidents only two options: veto a bill, or sign it and enforce it. “The president’s constitutional duty is to enforce laws he has signed into being, unless and until they are held unconstitutional by the Supreme Court,” the report reads. “The Constitution is not what the president says it is.”
De Facto Line-Item Veto - Signing statements as used by Bush and earlier presidents (see 1984-1985, August 23, 1985 - December 1985, October 1985, February 6, 1986 and After, and November 1993) are evolving into a kind of back-door line-item veto, which the Constitution does not grant presidents—especially when Congress cannot override it. “A line-item veto is not a constitutionally permissible alternative,” the report reads, “even when the president believes that some provisions of a bill are unconstitutional. A president could easily contrive a constitutional excuse to decline enforcement of any law he deplored, and transform his qualified veto into a monarch-like absolute veto.”
Bringing the Presidency Back into Alignment - Over 150 newspaper editorial boards, columnists, and cartoonists quickly endorse the ABA’s call to end the abuse of signing statements. Some critics of the ABA report say that, in attempting to avoid singling out Bush for criticism, the task force failed to address the root issue behind the signing statements—the unitary executive theory espoused by the administration (see April 30, 1986). Instead of asking that signing statements themselves be ended, some critics say, the Bush administration’s attempts to usurp other branches’ power for the presidency must be curbed. Law professor Laurence Tribe calls the Bush administration “pathological power holders” and “misfits” who are abusing a valid presidential tool. Task force member Mickey Edwards, a former Republican congressman, says the fundamental issue is to bring the presidency back into proper alignment with the other two branches. “It’s not about Bush, it’s about what should be the responsibility of a president,” he says. “We are saying that the president of the United States has an obligation to follow the Constitution and exercise only the authority the Constitution gives him. That’s a central tenet of American conservatism—to constrain the centralization of power.” [American Bar Association, 7/23/2006 pdf file; Savage, 2007, pp. 245-247]

Entity Tags: George W. Bush, ABA Task Force on Presidential Signing Statements and the Separation of Powers Doctrine, Bush administration (43), Mickey Edwards, Laurence Tribe, American Bar Association

Timeline Tags: Civil Liberties

Former foreign policy adviser Brent Scowcroft, who left the Bush administration after a dispute with neoconservatives (see October 2004), writes an op-ed entitled “Beyond Lebanon,” in which he exhorts the administration to help resolve the crisis in Lebanon. Israel is currently locked in a bloody, debilitating struggle with Hezbollah. Scowcroft writes that a peaceful resolution of that conflict will not only help bring about a peaceful end to the Israeli-Palestinian conflict, but could help stabilize Iraq as well. He writes: “The current crisis in Lebanon provides a historic opportunity to achieve what has seemed impossible. That said, it is too much to expect those most directly implicated—Israeli and Palestinian leaders—to lead the way. That responsibility falls to others, principally the United States, which alone can mobilize the international community and Israel and the Arab states for the task that has defeated so many previous efforts.… This latest in a seemingly endless series of conflagrations in the region just may present a unique opportunity to change the situation in the Middle East for the better for all time. Let us not shrink from the task.” Scowcroft’s arguments are ignored by the White House. [Washington Post, 7/30/2006; Unger, 2007, pp. 341]

Entity Tags: Bush administration (43), Brent Scowcroft

Timeline Tags: US International Relations

Lewis Libby’s legal team announces that it intends to call a psychology professor to testify that Libby did not deliberately lie to the FBI (see October 14, 2003 and November 26, 2003) and to the grand jury (see March 5, 2004 and March 24, 2004), but merely made misstatements due to memory failure. In a court filing, the lawyers write, “Mr. Libby will show that the snippets of conversation at issue in this case took place amid a rush of pressing national security matters that commanded his attention throughout his long and stressful work day” (see January 31, 2006). The witness is Robert Bjork, a memory expert from UCLA. The lawyers say Bjork will explain that, contrary to what jurors may think, “memory does not function like a tape recorder, with memories recorded, stored, and played back verbatim.” Cornell University professor Ulric Neisser says the so-called “memory defense” that Libby’s team intends to mount may be effective. Referring to Libby’s claim that he learned of outed CIA agent Valerie Plame Wilson from a reporter (see 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, 5:27 p.m. June 11, 2003, (June 12, 2003), and July 10 or 11, 2003), Neisser says, “If everything hinges on who he learned it from first, people do forget that stuff all the time.” [US District Court for the District of Columbia, 7/31/2006 pdf file; US District Court for the District of Columbia, 7/31/2006 pdf file; Associated Press, 8/1/2006; New York Sun, 8/1/2006] Criminal defense lawyer Jeralyn Merritt, following the trial at the progressive blog TalkLeft, calls the use of a memory expert entirely appropriate, but notes: “The expert only should be allowed to explain the principles of memory and memory failure to the jury. He should not be allowed to render an opinion as to whether Libby’s memory failed since that’s the ultimate question for the jury to decide.” [Jeralyn Merritt, 8/1/2006]

Entity Tags: Valerie Plame Wilson, Jeralyn Merritt, Lewis (“Scooter”) Libby, Robert Bjork, Ulric Neisser

Timeline Tags: Niger Uranium and Plame Outing

Magnified anthrax cells.Magnified anthrax cells. [Source: T. W. Geisbert / USAMRIID]In August 2006, an article by Douglas Beecher is published in Applied and Environmental Microbiology, a well-respected peer-reviewed scientific journal. Beecher is a microbiologist in the FBI’s hazardous materials response unit who has been working on the FBI’s investigation of the 2001 anthrax attacks since the investigation began. His article represents the first official FBI explanation about the anthrax used in the attacks. Releasing the evidence in a peer-reviewed journal will give it more credence if cited in a later court trial. [Chemical and Engineering News, 12/4/2006] At first, the article is little-noticed by the media, but the Washington Post will highlight it in a front-page story a month later. The Post will also say that others in the FBI have come to the same conclusions Beecher has. [Washington Post, 9/25/2006]
Controversial Paragraph - Beecher focuses on the anthrax letter mailed to Sen. Patrick Leahy (D-VT), since it had never been opened and thus remained the least contaminated. The anthrax in the Leahy letter and the letter to Sen. Tom Daschle (D-SD) has been considered deadlier than the other anthrax letters because victims were infected by inhalation and not just by touch. Most controversially, Beecher states that a “widely circulated misconception is that the spores were produced using additives and sophisticated engineering supposedly akin to military weapon production.” Up until this time, it had been widely reported that these two letters had been “weaponized,” meaning the anthrax in them had been coated with a substance (usually reported as silicia) to make it float in the air and thus deadlier to handle.
No Supporting Evidence - But while Beecher makes this surprising claim, he gives no evidence to back it up. The comment is made in passing in the discussion section of the article and there are no footnotes or explanation related to it. Several months later, L. Nicholas Ornston, editor-in-chief of the microbiology journal, says, “The statement should have had a reference. An unsupported sentence being cited as fact is uncomfortable to me. Any statement in a scientific article should be supported by a reference or by documentation.” Beecher and the rest of the FBI make no further public comments to support his assertion, but the FBI begins describing the anthrax as non-weaponized from this point onwards.
Highly Pure Anthrax, but No Coating or Milling - Several months later, two scientists will claim they saw the anthrax from one of these letters not long after the attacks and did not see any signs of coating or milling. However, what they did see was an exceptionally high purity to the anthrax, in which the high level of debris in the earlier anthrax letters was removed, making it deadlier and possibly more able to float through air. [Chemical and Engineering News, 12/4/2006]

Entity Tags: Federal Bureau of Investigation, Douglas Beecher, L. Nicholas Ornston

Timeline Tags: 2001 Anthrax Attacks

Secretary of Defense Donald Rumsfeld, along with the chairman of the Joint Chiefs of Staff, General Peter Pace, and the commander of US forces in the Middle East, General John Abizaid, participate in a sometimes-contentious hearing with the Senate Armed Forces Committee (see August 3, 2006). The three then take part in a closed-door session with some members of Congress. After the two meetings, Senator Hillary Clinton (D-NY) calls on President Bush to accept Rumsfeld’s resignation. [New York Times, 8/4/2006] Rumsfeld will resign three months later (see November 6-December 18, 2006).

Entity Tags: Hillary Clinton, George W. Bush, John P. Abizaid, Senate Armed Forces Committee, Peter Pace, Donald Rumsfeld

Timeline Tags: Iraq under US Occupation

The CIA provides short summaries of Vice President Dick Cheney’s daily security briefings to defense attorneys for Cheney’s indicted former chief of staff, Lewis Libby. The documents are provided as per a March court order (see March 10, 2006). They have been turned over in batches since May 2006; the final documents have just been turned over. The briefing summaries cover the period in the summer of 2003 when Libby was allegedly discussing Valerie Plame Wilson’s CIA identity with journalists. They also cover several weeks in the fall of 2003 when Libby was questioned by the FBI (see October 14, 2003 and November 26, 2003), and March 2004 when Libby testified before a federal grand jury (see March 5, 2004 and March 24, 2004). [Associated Press, 8/11/2006]

Entity Tags: Central Intelligence Agency, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton issues a court order that withholds certain “extremely sensitive” classified documents from the Lewis Libby defense team. Walton writes that he “carefully reviewed” the requests from special counsel Patrick Fitzgerald and from the CIA to withhold the documents. The documents were provided to him ex parte and in camera, and Walton determined that they were irrelevant to the Libby defense efforts. Walton writes that the documents are “extremely sensitive and their disclosure could cause serious if not grave damage to the national security of the United States.” Walton has previously allowed other classified documents to be provided to Libby, and the CIA has provided documents requested by Libby that Walton has released to the defense (see December 14, 2005, January 9, 2006, January 20, 2006, January 23, 2006, January 23, 2006, January 31, 2006, (February 16, 2006), February 21, 2006, February 24, 2006. February 27, 2006, March 1, 2006, March 2-7, 2006, March 10, 2006, March 17, 2006, April 5, 2006, May 3, 2006, May 12, 2006, May 19, 2006, and June 2, 2006). Many of the documents provided to Libby are redacted versions or summaries of the classified documents he viewed during his morning intelligence briefings. [MSNBC, 8/18/2006] Former prosecutor Christy Hardin Smith, writing for the progressive blog FireDogLake, writes of Walton’s decision: “That there is material so sensitive in this case that Libby is not entitled to it at all… speaks volumes to me in terms of what was endangered by him and Karl Rove opening their yaps in order to exact some political payback and CYA for Dick Cheney and the Bush administration. Putting personal political fortune ahead of the security of the entire United States during a time of armed conflict to cover your bosses’ *sses for lying the nation into war? Now THAT is unpatriotic.” [Christy Hardin Smith, 8/19/2006]

Entity Tags: Lewis (“Scooter”) Libby, Central Intelligence Agency, Christy Hardin Smith, Reggie B. Walton, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

The press reveals that then-Deputy Secretary of State Richard Armitage met with Washington Post author Bob Woodward in June 2003 at the same time Woodward has admitted to learning from a confidential administration source that Valerie Plame Wilson was a CIA agent (see June 13, 2003). The information comes from Armitage’s 2003 appointment calendars, made available to the Associated Press through a Freedom of Information Act request. The revelation makes it likely that Armitage was the first Bush administration official to reveal that Plame Wilson was a CIA agent. Woodward admitted almost a year ago that a “current or former” administration official divulged Plame Wilson’s CIA identity to him (see November 14, 2005). Neither Woodward nor Armitage will comment on the allegations. At the same time, Newsweek reporter Michael Isikoff publishes the story in his magazine. [Associated Press, 8/22/2006; New York Times, 8/23/2006; Newsweek, 9/4/2006] Lewis Libby’s defense lawyer, William Jeffress, says of the report: “I would hope that the facts on that would come out. We have asked for information as to Woodward’s source in discovery, but that has been denied.” Melanie Sloan, a lawyer representing Valerie Plame Wilson and her husband Joseph Wilson in their lawsuit against Libby, Vice President Dick Cheney, and White House official Karl Rove (see July 13, 2006), says “it sure sounds like” Armitage was the first to reveal Plame Wilson’s CIA status to a member of the press. However, Sloan adds, if Armitage revealed Plame Wilson’s identity to columnist Robert Novak (see July 8, 2003), who outed Plame Wilson (see July 14, 2003), then far from indicating Libby’s or Rove’s innocence in exposing Plame Wilson’s identity, it merely widens the conspiracy. “Then I think maybe Armitage was in on it,” Sloan says. “The question is just what was Armitage’s role?” [Associated Press, 8/22/2006] The Washington Post soon receives confirmation of Armitage’s role in the leak from a former State Department colleague. [Washington Post, 8/29/2006] Many members of the press learn about Armitage from an upcoming book, Hubris, by Michael Isikoff and David Corn. According to the book, Woodward dismissed Armitage’s outing of Plame Wilson as “gossip.” Armitage also revealed Plame Wilson’s name to columnist Robert Novak (see July 8, 2003). [Wilson, 2007, pp. 256] Partly as publicity for the book, Isikoff prints two “teaser” articles in Newsweek revealing Armitage as the source. One article is dated September 4, but appears on the Internet in late August. The articles also reveal that Armitage leaked Plame Wilson’s identity to both Woodward and Novak. [Newsweek, 8/27/2006; Newsweek, 9/4/2006]

Entity Tags: Bob Woodward, Bush administration (43), David Corn, Associated Press, Michael Isikoff, Lewis (“Scooter”) Libby, William Jeffress, Melanie Sloan, Richard Armitage, Valerie Plame Wilson, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

J. William Leonard, the director of the National Archives’ Information Security Oversight Office (ISOO), writes a second letter to David Addington, Vice President Cheney’s chief of staff, after Addington ignored Leonard’s first letter (see June 8, 2006). The issue is Cheney’s continued refusal to follow Executive Orders 12958 and 13292 (see March 25, 2003) that require his office to report periodically to the ISOO on what it is classifying and how it is protecting that information. Cheney’s argument is that the Vice President’s office is not part of the executive branch and therefore is not bound by those orders. Leonard writes that, in the light of Cheney’s continued refusal to comply with the law and of Addington’s failure to respond to the first letter, he believes the issue should be referred to the Justice Department’s Office of Legal Counsel (see January 9, 2007). [J. William Leonard, 8/23/2006 pdf file] Addington will refuse to respond to this letter as well. [Henry A. Waxman, 6/21/2007 pdf file]

Entity Tags: J. William Leonard, Richard (“Dick”) Cheney, Office of Legal Counsel (DOJ), David S. Addington, Information Security Oversight Office, National Archives and Records Administration

Timeline Tags: Civil Liberties

Conservative pundits and columnists launch a new barrage of attacks and accusations against former ambassador Joseph Wilson (see July 6, 2003) and his wife, outed CIA agent Valerie Plame Wilson (see July 14, 2003). The pundits use the recent revelation that former Deputy Secretary of State Richard Armitage was apparently the first administration official to leak Plame Wilson’s name to the press (see August 22, 2006 and September 7, 2006). They claim that the new information proves that there was never a conspiracy to “out” Plame Wilson (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, and Before July 14, 2003), but that her status as a covert CIA agent was revealed merely as a result of harmless gossip from Armitage, who is not considered a major part of the neoconservative axis of power within the White House. [Washington Post, 9/1/2006]
Blaming Armitage and the State Department - The Wall Street Journal blames Armitage for allowing the Plame Wilson identity leak investigation to go on while he remained mute, allowing “political opportunism and internal score-settling” to drive the investigation when it never should have taken off. “The White House, in short, was not engaged in any campaign to ‘out’ Ms. Plame [Wilson],” the editorial states. Since the prosecution of Lewis Libby for perjury and obstruction during the investigation is not likely to be dropped, the editorial concludes, President Bush should end it by pardoning Libby. [Wall Street Journal, 8/30/2006] The New York Sun also chastizes Armitage for standing silent “while the president’s critics sullied the good names of Messrs. Cheney, Libby, and Rove.” [National Review, 7/19/2004; New York Sun, 8/30/2006] A similar position is advocated by neoconservative John Podhoretz, writing for the New York Post, who also says that the Armitage revelation should result in special counsel Patrick Fitzgerald dropping all charges against Libby. [New York Post, 8/29/2006] Neoconservative Frank Gaffney, writing for the online political publication TownHall, accuses both Armitage and former Secretary of State Colin Powell, as well as other senior State Department officials, of being “disloyalists” who “wage[d] war” against the Bush administration “from behind enemy lines”—from his position in the State Department, essentially functioning as a saboteur for unnamed liberal interests, and to win ground the State Department lost in conflicts with the White House. Gaffney goes further, accusing other State Department officials of intentionally sabotaging US nuclear negotiation efforts with North Korea (see September 19-20, 2005 and July 15, 2006). He accuses Armitage of “destructive and disloyal behavior” and “appeasement” towards North Korea and other US opponents. [Town Hall (.com), 9/5/2006] San Francisco Chronicle writer Debra Saunders calls the entire affair nothing more than “gossip,” and notes that an admission by White House deputy chief of staff Karl Rove that he confirmed Plame Wilson’s identity (see July 10, 2005 and October 14, 2005) is virtually meaningless. The only “abuse of power” that has come to light during the investigation, Saunders opines, is the investigation itself. [Minneapolis Star-Tribune, 9/6/2006]
Libby 'Exonerated' by Armitage Admission - The New Hampshire Union Leader calls the investigation a “non-issue” promulgated by “conspiracy nuts” now proven wrong by the Armitage admission. [New Hampshire Union Leader, 8/30/2006] Syndicated columnist Linda Chavez says the “exculpatory” Armitage revelation exonerates Libby, and calls his prosecution “malicious” and unwarranted. [Creators Syndicate, 8/30/2006]
Wilson, 'Leftists' to Blame - Slate’s Christopher Hitchens goes further, attacking the “Joseph Wilson fantasy” that Iraq had not attempted to buy uranium from Niger (see March 4-5, 2002, (March 6, 2002) and March 8, 2002), calling the idea that the White House deliberately attempted to smear Wilson’s character a “paranoid fantasy” (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006), and concluding that the entire Plame Wilson imbroglio was the result of a “venom[ous] interdepartmental rivalry” between Armitage’s State Department and the White House, blown entirely out of proportion by liberal critics of the Bush administration. [Slate, 8/29/2006] A National Review editorial blames the New York Times editorial board and “shrieking” “leftist adversaries” of the Bush administration for the investigation, and, like Chavez and others, calls for the immediate end of the Libby prosecution. [National Review, 8/30/2006] The Weekly Standard’s Fred Barnes compiles a “rogues list” of “the Plamegate Hall of Shame,” including Armitage, his former boss Colin Powell, Patrick Fitzgerald, the Justice Department, Joseph Wilson, and the media. “So instead of Cheney or Rove or Libby,” Barnes writes, “the perennial targets of media wrath, the Plamegate Hall of Shame consists of favorites of the Washington elite and the mainstream press.” And like the others, Barnes calls on Fitzgerald to immediately terminate his investigation as well as his prosecution of Libby. [Weekly Standard, 9/2/2006] And the Washington Times’s editor in chief Wesley Pruden rounds off the attacks, rather ghoulishly predicting that the next time Plame Wilson will be mentioned in the press is when “a nice obituary in the Washington and New York newspapers and a few lines of a telegraph dispatch on a page with the truss ads in Topeka” is printed. He calls Plame Wilson, who headed the CIA’s Joint Task Force on Iraq (see April 2001 and After), “the queen of the clipping scissors and pastepots at the CIA” (see September 29, 2003), and calls the leak investigation a “fraud.” [Washington Times, 9/5/2006]
Picked Up by Mainstream Media - Many in the mainstream media echo the new line of attack, with the Washington Post’s editorial board joining the other editorials and columnists in demanding that the Libby prosecution be immediately terminated. Echoing a Wall Street Journal guest editorial from almost a year before (see November 3, 2005), the Post editorial claims that because Plame Wilson’s husband, former ambassador Joseph Wilson, went public with his knowledge of the Bush administration’s false claims that Iraq had attempted to purchase uranium from Niger (see July 6, 2003), he is ultimately responsible for outing his wife. The Post writes: “Mr. Wilson chose to go public with an explosive charge, claiming—falsely, as it turned out—that he had debunked reports of Iraqi uranium-shopping in Niger and that his report had circulated to senior administration officials. He ought to have expected that both those officials and journalists such as Mr. Novak would ask why a retired ambassador would have been sent on such a mission and that the answer would point to his wife. He diverted responsibility from himself and his false charges by claiming that President Bush’s closest aides had engaged in an illegal conspiracy. It’s unfortunate that so many people took him seriously.” The allegation that Wilson had “falsely… debunked reports of Iraqi uranium-shopping in Niger” is itself false, as Wilson’s report further proved that no such deals ever took place (see March 4-5, 2002, (March 6, 2002) and March 8, 2002). [Washington Post, 9/1/2006] The New York Times’s conservative columnist, David Brooks, joins in the attacks, calling the exposure of Plame Wilson a “piffle” (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006) blown out of proportion by a group of Congressional Democrats and the 2004 presidential campaign of John Kerry. Like the others, he blames Armitage for “keep[ing] quiet while your comrades are being put through the ringer [sic].” [New York Times, 8/31/2006] Days later, the Post’s David Broder writes that Karl Rove, one of the White House officials who outed Plame (see July 8, 2003 and 11:00 a.m. July 11, 2003), had been treated badly by reporters and pundits, and deserved a round of apologies. [Washington Post, 9/7/2006]
'Marvel of Wingnut Logic' - Author Jane Hamsher, writing for the progressive blog FireDogLake, hammers the Post editorial and its presumed author, op-ed editor Fred Hiatt, writing with some apparent outrage: “[T]o argue that somehow this [Armitage] leak—which played no part in the concerted administration effort to bully, intimidate, and punish Joe Wilson—should somehow excuse Scooter Libby and Karl Rove’s subsequent actions is a true marvel of wingnut logic. Incredibly it is somehow okay to rob the liquor store, shoot the owner, rape the cashier, and spatter the walls with blood because someone else was caught shoplifting there the week before. It is the Sistine Chapel of bad faith editorials.” [Jane Hamsher, 9/1/2006]
Comparisons to Soviet Propaganda - Plame Wilson herself is “furious” at reading the Post editorial and other, similar writings. In her 2007 book Fair Game, she will write, “I suddenly understood what it must have felt like to live in the Soviet Union and have only the state propaganda entity, Pravda, as the source of news about the world.” Plame Wilson calls the allegations that her husband is responsible for outing her “flatly untrue,” and shows the writers’ “ignorance about how our clandestine service functions.” She notes that the FBI had known of the Armitage leak since October 2003, and that since “the FBI didn’t shut down the investigation” this indicated “they had good reason to believe that Libby and Rove were lying to them.” [Wilson, 2007, pp. 257-260]

Entity Tags: Fred Hiatt, Washington Post, Wall Street Journal, Christopher Hitchens, Valerie Plame Wilson, Colin Powell, Frank Gaffney, Fred Barnes, Debra Saunders, David Brooks, David Broder, US Department of State, Wesley Pruden, New York Times, John Podhoretz, Richard Armitage, George W. Bush, Joseph C. Wilson, Karl C. Rove, Jane Hamsher, Linda Chavez, New York Sun, Lewis (“Scooter”) Libby, New Hampshire Union Leader, National Review

Timeline Tags: Niger Uranium and Plame Outing

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