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Context of 'Early April 1993: FBI Links Bombers in US to Bosnian Charity Front; But Bosnian Link Is Not Explored'

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Dhiren Barot.Dhiren Barot. [Source: London Metropolitan Police]Dhiren Barot, a Londoner of Indian descent who converted to Islam and fought in Afghanistan and Pakistan, is arrested along with about a dozen other al-Qaeda suspects by British authorities (see August 3, 2004). Barot, who uses a number of pseudonyms, including Abu Eissa al-Hindi, will be charged with several crimes surrounding his plans to launch attacks against British and US targets. Barot’s plans were discovered in a computer owned by al-Qaeda operative Muhammad Naeem Noor Khan, who was arrested in July 2004 and was helping US intelligence until his outing by US and Pakistani officials on August 2, 2004 (see August 2, 2004). Though Barot is not believed to be a high-level al-Qaeda operative, he has connections to some of al-Qaeda’s most notorious leaders, including bin Laden and 9/11 plotter Khalid Shaikh Mohammed (KSM), who, according to the 9/11 Commission, dispatched him to “case” targets in New York City in 2001. Under the alias Issa al-Britani, he is known to have been sent to Malaysia in late 1999 or very early 2000 by KSM to meet with Hambali, the head of the al-Qaeda affiliate Jemaah Islamiyah. According to the commission report, Barot may have given Hambali the names of 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi. Barot may have traveled to Malaysia with Khallad bin Attash. Bin Attash is believed to be one of the planners behind the October 2000 bombing of the USS Cole (see October 12, 2000). Barot’s trip to Malaysia came just days before the well-documented January 2000 al-Qaeda summit where early plans for the 9/11 bombings were hatched (see January 5-8, 2000), though US officials do not believe that Barot was present at that meeting. British authorities believe that Barot was part of an al-Qaeda plan to launch a mass terror attack using chemical and/or radioactive weapons. Barot and other suspects arrested were, according to Western officials, in contact with al-Qaeda operatives in Pakistan, who themselves were communicating with bin Laden and other top al-Qaeda leaders as recently as July 2004. [MSNBC, 8/20/2004] Barot’s plans seem to have focused more actively on British targets, including London’s subway system. In November 2006, Barot will be convicted of conspiracy to commit murder and other crimes, and eventually sentenced to thirty years in prison by a British court. [BBC, 11/7/2006; BBC, 5/16/2007]

Entity Tags: Khallad bin Attash, USS Cole, Nawaf Alhazmi, Hambali, Dhiren Barot, Al-Qaeda, Osama bin Laden, Khalid Almihdhar, Jemaah Islamiyah, Khalid Shaikh Mohammed, Muhammad Naeem Noor Khan

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

NBC reporter Tim Russert, host of its flagship Sunday morning political talk show Meet the Press, testifies to FBI investigators probing the Valerie Plame Wilson identity leak (see December 30, 2003). He is deposed under oath and is audiotaped, but is not compelled to testify directly to the grand jury investigating the leak. According to an NBC statement, Russert is interviewed under oath, and testifies that he was the recipient of a leak; NBC will later claim that the interview was allowed as part of an agreement to avoid a protracted court fight. Russert is not asked to disclose a confidential source. “The questioning focused on what Russert said when Lewis (Scooter) Libby, Vice President Dick Cheney’s chief of staff, phoned him last summer” (see July 10 or 11, 2003), the statement reads. “Russert told the special prosecutor that at the time of the conversation he didn’t know Plame’s name or that she was a CIA operative and did not provide that information to Libby.” [Office of Special Counsel, 7/27/2004 pdf file; New York Times, 8/10/2004; Associated Press, 8/11/2004] Neither did Libby disclose Plame Wilson’s identity to him, Russert testifies. Russert and NBC News initially resisted the subpoena on First Amendment grounds, but relented after prosecutor Patrick Fitzgerald agreed not to compel Russert to appear before the grand jury, or to disclose confidential sources or information. [Washington Post, 8/10/2004] Russert has already talked informally with John Eckenrode, the FBI investigator overseeing the day-to-day investigation duties (see November 24, 2003). He told Eckenrode that Libby’s claim of learning Plame Wilson’s identity from him was false, and that he and Libby never discussed Plame Wilson at all. [National Journal, 2/15/2007] Libby’s claim that he learned of Plame Wilson’s identity from Russert will lead to perjury charges (see October 28, 2005).

Entity Tags: Valerie Plame Wilson, NBC News, Lewis (“Scooter”) Libby, John Eckenrode, Federal Bureau of Investigation, Patrick J. Fitzgerald, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

Washington Post reporter Walter Pincus is subpoenaed by the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003). Pincus has written that a Post reporter received information about Plame Wilson from a Bush administration official. The Post says it intends to fight the subpoena (see August 20, 2004). [New York Times, 8/10/2004; Washington Post, 8/10/2004] Pincus later reflects that he had dodged attempts by the FBI to interview him about Plame Wilson, and believed that the Bush official who had informed him of her identity had not broken any laws. “I thought it was damage control,” he will later say. “My source had been trying to get me to stop writing about Joe Wilson [Plame Wilson’s husband]. I believed that the Democrats were too wound up thinking that a crime had been committed.” [Vanity Fair, 4/2006]

Entity Tags: Valerie Plame Wilson, Bush administration (43), Federal Bureau of Investigation, Walter Pincus, Washington Post

Timeline Tags: Niger Uranium and Plame Outing

The grand jury investigating the leak of Valerie Plame Wilson’s covert CIA identity (see December 30, 2003) subpoenas New York Times reporter Judith Miller to testify. The Times says it will fight the subpoena. [US District Court for the District of Columbia, 8/12/2004 pdf file; Washington Post, 7/3/2007]
Unusual Negotiations between Lawyers - The subpoena will open a lengthy and sometimes puzzling set of negotiations between lawyers for Miller and her source, White House aide Lewis “Scooter” Libby. Miller refuses to divulge the identity of her source or the contents of their conversations (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). But she sends her lawyer, Floyd Abrams, to talk to Libby’s lawyer, Joseph Tate, to see if Libby will approve of her testimony. According to Abrams and others involved in the negotiations, Tate initially tells Abrams that Miller is free to testify. However, Abrams will say, Tate says that Libby never told Miller the name or the undercover status of Plame Wilson. This raises a conflict for Miller: her notes clearly indicate that she was told three times about Plame Wilson’s identity. If she testifies, she will contradict Libby’s own accounts of their conversations.
Libby Attempting to Influence Miller? - Miller decides that Libby is sending her a signal not to testify. She will later recalls Abrams’s recounting of his conversation with Tate: “He was pressing about what you would say. When I wouldn’t give him an assurance that you would exonerate Libby, if you were to cooperate, he then immediately gave me this, ‘Don’t go there, or, we don’t want you there.’” Abrams himself will recall: “On more than one occasion, Mr. Tate asked me for a recitation of what Ms. Miller would say. I did not provide one.” (Tate will angrily dispute both Abrams’s and Miller’s recollections, saying: “I never once suggested that she should not testify. It was just the opposite. I told Mr. Abrams that the waiver was voluntary.… ‘Don’t go there’ or ‘We don’t want you there’ is not something I said, would say, or ever implied or suggested.”) Miller’s executive editor, Bill Keller, will later say that Miller believed Libby feared her testimony. “Judy believed Libby was afraid of her testimony,” he will recall. “She thought Libby had reason to be afraid of her testimony.” Because of these reasons, Miller will decide not to further pursue the idea of a waiver from Libby that would allow her to testify about their conversations. For over a year, the two sides do not speak to one another. “I interpreted the silence as, ‘Don’t testify,’” Miller will later say. Tate will counter that he never understood why Miller or Abrams wanted to discuss the matter further. [New York Times, 10/16/2005]
McClellan: Fighting to Protect Partisan Government Leakers - In 2008, one-time White House press secretary Scott McClellan will write of Miller and fellow journalist Matthew Cooper, also battling a subpoena (see August 9, 2004): “Of course, there was a curious twist to the defense used by Cooper and Miller. By refusing to divulge the names of their sources in the leak case, the two reporters were not protecting courageous whistle-blowers revealing government wrongdoing in the public interest. Rather, they were shielding government officials whom administration critics believed had used leaks as weapons of partisan warfare. It was hard for some in the public, and especially those critical of the administration, to see this as an act of journalism.… This episode… seemed to confirm for at least some administration critics that reporters were no longer heroic figures, but were now participating in the same partisan warfare they created.” [McClellan, 2008, pp. 256]

Entity Tags: Matthew Cooper, Floyd Abrams, Bush administration (43), Bill Keller, Joseph Tate, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Judith Miller, Scott McClellan, New York Times

Timeline Tags: Niger Uranium and Plame Outing

August 20, 2004: Salah Finally Arrested

Mohammad Salah, Mousa Abu Marzouk, and Abdelhaleem Ashqar are indicted on racketeering conspiracy charges. Salah and Ashqar are arrested. Marzouk, considered a high-ranking Hamas leader, is out of reach in Syria. Marzouk had been charged in 2002 on related matters (see December 18, 2002-April 2005). Ashqar was already under house arrest on related charges of contempt and obstruction of justice. The three are accused of using US bank accounts to launder millions of dollars to support Hamas. The indictment alleges the laundered money was used to pay for murders, kidnappings, assaults, and passport fraud. Many of the charges date to the early 1990s (see 1989-January 1993) and had been the subject of legal cases in 1998 and 2000 (see June 9, 1998; May 12, 2000-December 9, 2004). [New York Times, 8/21/2004; Associated Press, 8/24/2004] Salah and Ashqar had been living openly in the US for several years. The US had declared Salah a “designated global terrorist” in 1995 and he returned to Chicago in 1997 (see February 1995). The media reported on this in 2003 but they still were not arrested (see June 2-5, 2003). In 1993, Ashqar took part in a secret Hamas meeting in Philadelphia that was wiretapped by the FBI (see October 1993). [ABC News, 6/12/2003; New York Times, 8/21/2004]

Entity Tags: Mohammad Salah, Abdelhaleem Ashqar, Federal Bureau of Investigation, Hamas, Mousa Abu Marzouk

Timeline Tags: Complete 911 Timeline

The 9/11 Commission attempts to make a list of all identity documents obtained by the hijackers, but its account, contained mostly in its Terrorist Travel Monograph, may be incomplete:
bullet The Commission says several of the hijackers obtained USA ID cards in the summer of 2001 (see (July-August 2001)), although at least one, and possibly more of the cards is fake, and this is not mentioned by the Commission. According to it, Khalid Almihdhar, Nawaf Alhazmi, and Abdulaziz Alomari obtained their cards on July 10. However, the Commission gives conflicting dates for Salem Alhazmi, Majed Moqed, and Ahmed Alghamdi. For example, in one place it says Alghamdi got his card in July and in another it says he got it in August. At least one card, that of Khalid Almihdhar, is fake and ID forger Mohamed el-Atriss will be arrested after 9/11 and sentenced to jail for forging IDs for the hijackers (see (July-August 2001) and November 2002-June 2003). The Commission further says that the Alhazmi brothers’ cards were “found in the rubble at the Pentagon,” citing a US Secret Service report. Although an image of a damaged USA ID card belonging to Nawaf Alhazmi will be produced as evidence at the trial of Zacarias Moussaoui, according to the 9/11 Commission Salem Alhazmi was unable to produce any photo ID when checking in for his flight on 9/11 (see (7:25 a.m.-7:36 a.m.) September 11, 2001), so it is unclear how his card came to be at the Pentagon. In addition, in the Commission’s Terrorist Travel Monograph, the mention of Salem Alhazmi’s card in the list of hijackers’ ID will be followed by a reference to an endnote. However, this endnote is missing; [9/11 Commission, 8/21/2004, pp. 27-29, 31-32, 34-44 pdf file; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006]
bullet FBI Director Robert Mueller will later say that the six hijackers who obtained USA ID cards plus Mohamed Atta obtained unspecified identification cards in Paterson, New Jersey (see July 2001). However, it is unclear whether this statement refers to the USA ID cards, or a different set of ID cards not mentioned by the 9/11 Commission;
bullet The Commission will say that Satam Al Suqami did not obtain any ID document in the US, which is why he had to take his passport on his final flight. The passport was found shortly after the plane he was traveling on hit the WTC (see After 8:46 a.m. September 11, 2001). [9/11 Commission, 8/21/2004, pp. 27-29, 31-32, 34-44 pdf file] However, Florida media reported a man named Satam Al Suqami obtained a Florida ID card on July 3, 2001, around the same time as several other hijackers obtained similar cards; [St. Petersburg Times, 9/16/2001]
bullet Ahmed Alhaznawi had a Florida’s driver’s license and two duplicates. Although the Commission mentions the original license and second duplicate, it does not mention the first one, issued on July 24, 2004. [St. Petersburg Times, 12/14/2001; 9/11 Commission, 8/21/2004, pp. 28, 32, 33 pdf file]

Entity Tags: Mohamed Atta, Salem Alhazmi, Majed Moqed, Ahmed Alhaznawi, Satam Al Suqami, 9/11 Commission, Abdulaziz Alomari, Ahmed Alghamdi, Khalid Almihdhar, Nawaf Alhazmi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Time reporter Matthew Cooper, facing jail time for refusing to honor a subpoena issued by the grand jury investigating the Valerie Plame Wilson CIA identity leak (see August 9, 2004), agrees to make a deposition after his source, vice-presidential chief of staff Lewis Libby, releases him from a confidentiality pledge (see August 5, 2004). [Washington Post, 7/3/2007; Washington Post, 7/3/2007] Following Cooper’s agreement to testify, contempt charges against him are dismissed. [PBS, 8/24/2004; Washington Post, 8/25/2004] Time managing editor Jim Kelly will later say: “Matt would have gone to jail if Libby didn’t waive his right to confidentiality… and we would have fought all the way to the Supreme Court. Matt has been absolutely steadfast in his desire to protect anonymous sources.” [Washington Post, 8/25/2004] In the deposition, Cooper describes a conversation he had with Libby concerning Plame Wilson’s identity. Cooper will later describe his conversation in an article for Time that will recount his deposition as well as his July 2005 grand jury testimony (see July 13, 2005). According to Cooper, the conversation with Libby was originally on the record, but “moved to background.” On the record, Libby denied that Vice President Cheney knew about, or played any role in, sending Joseph Wilson to Niger (see (February 13, 2002)). On background, Cooper asked Libby if he had heard anything about Wilson’s wife sending her husband to Niger. Libby replied, “Yeah, I’ve heard that too,” or something similar. Cooper says that Libby did not use Plame Wilson’s name. Nor did he indicate that he had learned her name from other reporters, as Libby has claimed (see March 5, 2004, March 24, 2004, and July 10 or 11, 2003). [US District Court for the District of Columbia, 9/27/2004 pdf file; New York Times, 7/10/2005; Time, 7/17/2005] Under an agreement with special counsel Patrick Fitzgerald, Cooper is not asked about any other source besides Libby. [US District Court for the District of Columbia, 9/27/2004 pdf file]

Entity Tags: Time magazine, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Matthew Cooper, Valerie Plame Wilson, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

George Fay.George Fay. [Source: US Army]Generals George Fay and Anthony R. Jones release a final report describing the findings of their combined investigation of the abuses committed by US soldiers against detainees being held at Abu Ghraib. The investigation was initially ordered by Lt. Gen. Ricardo S. Sanchez, commander of CJTF-7, who charged Fay with determining whether the 205th Military Intelligence Brigade “requested, encouraged, condoned, or solicited Military Police (MP) personnel to abuse detainees and whether MI [military intelligence] personnel comported with established interrogation procedures and applicable laws and regulations.” Lt. Gen. Anthony R. Jones joined the investigation in June and was instructed to determine if “organizations or personnel higher” than the 205th Military Intelligence Brigade chain of command were involved in the Abu Ghraib abuses. [US Department of the Army, 3/9/2004] The report provides detailed descriptions of 44 separate incidents of abuse perpetrated by US soldiers against Abu Ghraib detainees beginning in September 2003. The abuses described include acts of sodomy, beatings, nudity, lengthy isolation, and the use of unmuzzled dogs aimed at making detainees urinate and defecate in fear. “The abuses spanned from direct physical assault, such as delivering head blows rendering detainees unconscious, to sexual posing and forced participation in group masturbation,” the authors say in the report. “At the extremes were the death of a detainee… an alleged rape committed by a US translator and observed by a female soldier, and the alleged sexual assault of an unknown female.” [Washington Post, 8/26/2005] Parts of the report are classified because, according to Army officials, they include references to secret policy memos. But when these classified sections are leaked to the New York Times by a senior Pentagon official, they do not appear to contain any sensitive material about interrogation methods or details of official memos. Instead, the secret passages demonstrate how interrogation practices from Afghanistan and Guantanamo were introduced to Abu Ghraib and how Sanchez played a major part in that process. [New York Times, 8/27/2004] Though the report lays most of the blame on MPs and a small group of military intelligence, civilian, and CIA interrogators, it does recommend disciplinary action for Col. Thomas M. Pappas and Lt. Col. Steven L. Jordan. “The primary causes are misconduct (ranging from inhumane to sadistic) by a small group of morally corrupt soldiers and civilians, a lack of discipline on the part of the leaders and soldiers of the 205 MI BDE [Military Intelligence Brigade] and a failure or lack of leadership by multiple echelons within CJTF-7.” Lt. Gen. Sanchez, the commander of Combined Joined Task Force (CJTF) 7, though mildly criticized, is still praised in the report as having performed “above expectations.” [US Department of the Army, 3/9/2004; Washington Post, 8/26/2005] Jones portrays the abuse as being only coincidentally linked to interrogations. “Most, though not all, of the violent or sexual abuses occurred separately from scheduled interrogations and did not focus on persons held for intelligence purposes.” Gen. Fay on the other hand writes that the majority of the victims of abuse were military intelligence holds, and thus held for intelligence purposes. In addition, he concludes that “confusion and misunderstanding between MPs and MI [military intelligence]” also contributed to acts of abuse. Military intelligence personnel ordered MPs to implement the tactic of “sleep adjustment.” “The MPs used their own judgment as to how to keep them awake. Those techniques included taking the detainees out of their cells, stripping them, and giving them cold showers. Cpt. [Carolyn A.] Wood stated she did not know this was going on and thought the detainees were being kept awake by the MPs banging on the cell doors, yelling, and playing loud music.” [US Department of Defense, 8/23/2004 pdf file]
Conclusions -
bullet Nearly 50 people were involved in the 44 incidents of abuse listed in the report: 27 military intelligence soldiers, 10 military police officers, four civilian contractors, and a number of other intelligence and medical personnel who failed to report the abuse. [Washington Post, 8/26/2005; Washington Post, 8/26/2005] Military intelligence soldiers were found to have requested or encouraged 16 of the 44 incidents. [Washington Post, 8/26/2005; Washington Post, 8/26/2005]
bullet The incidents of abuse included torture. “Torture sometimes is used to define something in order to get information,” Fay tells reporters. “There were very few instances where in fact you could say that was torture. It’s a harsh word, and in some instances, unfortunately, I think it was appropriate here. There were a few instances when torture was being used.” [Washington Post, 8/26/2005]
bullet Lt. Gen. Ricardo Sanchez and his staff “contributed indirectly to the questionable activities regarding alleged detainee abuse at Abu Ghraib” and failed “to ensure proper staff oversight of detention and interrogation operations.” [US Department of the Army, 3/9/2004; Washington Post, 8/26/2005] For example, Sanchez endorsed the use of stress positions, nudity, and military working dogs (see October 12, 2003), even though they had not been approved by Rumsfeld. [Washington Post, 8/26/2005] In spite of this, the executive summary of the report asserts that “the CJTF-7 Commander and staff performed above expectations… .” [US Department of the Army, 3/9/2004; Washington Post, 8/26/2005]
bullet Senior officers in Iraq failed to provide “clear, consistent guidance” for handling detainees. [US Department of the Army, 3/9/2004; Washington Post, 8/26/2005]
bullet There is no evidence that policy or instructions provided by senior US authorities sanctioned the types of abuses that occurred at Abu Ghraib. [Washington Post, 8/26/2005; Washington Post, 8/26/2005]
bullet CIA officials in the prison hid “ghost detainees” from human rights groups in violation of international law. [Washington Post, 8/26/2005]

Entity Tags: Steven L. Jordan, Ricardo S. Sanchez, George R. Fay, Anthony R. Jones, Thomas M. Pappas, Carolyn A. Wood

Timeline Tags: Torture of US Captives

Special counsel Patrick Fitzgerald, investigating the Valerie Plame Wilson identity leak, files a motion with the court opposing the attempts to quash his subpoenas to reporters Judith Miller (see August 12, 2004 and After) and Walter Pincus (see 1:26 p.m. July 12, 2003 and August 9, 2004). He argues that their testimony is vital to his investigation and that his questions will be limited in scope to preserve source confidentiality whenever possible. Fitzgerald’s affidavit contains detailed information about the previous grand jury testimony of former White House press secretary Ari Fleischer (see June 10, 2004). [US District Court for the District of Columbia, 9/27/2004 pdf file] Days after Fitzgerald files his motion, Fleischer will again be interviewed by the FBI with regards to his knowledge and actions surrounding the Plame Wilson identity leak (see September 2004).

Entity Tags: Walter Pincus, Ari Fleischer, Patrick J. Fitzgerald, Judith Miller, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Vice President Dick Cheney says that a victory by Democratic presidential candidate John Kerry in the upcoming election will put the US at risk of another “devastating” terrorist attack along the lines of 9/11. Kerry’s running mate, John Edwards, calls Cheney’s remarks “un-American.” Cheney tells a group of Republican supporters in Iowa that they need to make “the right choice” in the November 2 election. “If we make the wrong choice, then the danger is that we’ll get hit again—that we’ll be hit in a way that will be devastating from the standpoint of the United States,” Cheney says. “And then we’ll fall back into the pre-9/11 mindset, if you will, that in fact these terrorist attacks are just criminal acts and that we’re not really at war. I think that would be a terrible mistake for us.” Edwards responds: “Dick Cheney’s scare tactics crossed the line.… What he said to the American people was that if you go to the polls in November and elect anyone other than us, and another terrorist attack occurs, then it’s your fault. This is un-American. The truth is that it proves once again that they will do anything and say anything to keep their jobs.” Edwards says that a Kerry administration “will keep the American people safe, and we will not divide the country to do it.” Cheney spokeswoman Anne Womack says Cheney’s comments merely reflect “a difference in policy” between the Bush/Cheney and Kerry/Edwards tickets, and adds: “This is nothing new. This is nothing inconsistent with his views. This is an overreaction to something we have used repeatedly and consistently. This is something that both the president and vice president have talked about consistently, the need to learn the lessons of 9/11. He was not connecting the dots.” Later, Womack complains that Cheney’s remarks were taken out of context: “If you take the whole quote, the vice president stands by his statement. But if you just take a chunk, that’s not what he meant.” [CNN, 9/7/2004]

Entity Tags: Richard (“Dick”) Cheney, Anne Womack, John Kerry, John Edwards

Timeline Tags: Complete 911 Timeline, 2004 Elections

Judge Thomas Hogan denies an appeal from New York Times reporter Judith Miller asking that a subpoena for her to testify in the Plame Wilson identity leak investigation be quashed (see August 12, 2004 and After). Hogan writes that Miller must describe any conversations she had with “a specified executive branch official.” [PBS, 9/2004; US District Court for the District of Columbia, 9/9/2004 pdf file] Presumably, the person is former White House official Lewis Libby.

Entity Tags: Lewis (“Scooter”) Libby, Judith Miller, New York Times, Thomas Hogan

Timeline Tags: Niger Uranium and Plame Outing

Riggs Bank is added to the list of defendants in a 9/11 lawsuit filed on behalf of 9/11 victims’ relatives (see August 15, 2002). The amended lawsuit alleges, “Riggs’ constant failure to comply with banking oversight laws resulted in funds being forwarded from high risk Saudi Embassy accounts at Riggs Bank to at least two September 11 hijackers.” [Wall Street Journal, 9/13/2004] Riggs Bank is under investigation at the time and will later plead guilty to violating banking laws (see March 29, 2005). The bank also appears to have a long standing but murky relationship with the CIA (see July 2003 and December 31, 2004).

Entity Tags: Riggs Bank

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Columnist Robert Novak, who publicly outed CIA official Valerie Plame Wilson over a year ago (see July 14, 2003), testifies for a third time to FBI agents conducting an investigation into the Plame Wilson identity leak. Novak has already testified to the FBI concerning his sources for the information on Plame Wilson’s CIA status (see October 7, 2003 and February 5, 2004). According to an affidavit subsequently filed by special counsel Patrick Fitzgerald, Novak is testifying to clarify and add information to his earlier testimony regarding his conversations about Plame Wilson with Deputy Secretary of State Richard Armitage (see October 1, 2003). [US District Court for the District of Columbia, 9/27/2004 pdf file]

Entity Tags: Patrick J. Fitzgerald, Federal Bureau of Investigation, Richard Armitage, Robert Novak, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Washington Post reporter Walter Pincus testifies before the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003 and August 9, 2004). Pincus refuses to divulge confidential sources, and refuses to divulge the name of the White House official who told him of Plame Wilson’s identity as a CIA agent. He does, however, recount the substance of that conversation. [Associated Press, 9/17/2004; New York Times, 2006] In his deposition, Pincus says he agreed to be questioned by prosecutors only with his source’s approval. “I understand that my source has already spoken to the special prosecutor about our conversation on July 12, and that the special prosecutor has dropped his demand that I reveal my source,” Pincus says. “Even so, I will not testify about his or her identity.” [Washington Post, 9/16/2004; Associated Press, 9/17/2004] “The source has not discharged us from the confidentiality pledge,” says the Post’s executive editor, Leonard Downie Jr. [Washington Post, 9/16/2004] Pincus will later describe why he agreed to testify instead of go to jail to protect his sources. “I believed firmly that the sources controlled the privilege,” he will say. One of his sources had told Pincus, through lawyers, that since he had revealed his own identity, Pincus could testify but not name him publicly. Pincus will later say, “If their identity was known to [special prosecutor] Patrick Fitzgerald, what confidence was I breaking?” He agreed to testify if he could name his source in court, but protect the source’s identity publicly. Fellow reporter Lowell Bergman will later call it “a cute deal.” When Newsweek senior editor Jonathan Alter asks Bergman, “Can’t you make an argument that this was the pragmatic tactic to take?” Bergman will respond, “It is until you are the next reporter subpoenaed and you have no protection.” [Vanity Fair, 4/2006] Pincus’s source will later be revealed as former White House press secretary Ari Fleischer (see 1:26 p.m. July 12, 2003).

Entity Tags: Leonard Downie, Jr., Bush administration (43), Lowell Bergman, Ari Fleischer, Washington Post, Jonathan Alter, Walter Pincus

Timeline Tags: Niger Uranium and Plame Outing

Deputy Secretary of State Richard Armitage testifies for a second time before the grand jury investigating the Plame Wilson identity leak. Armitage has testified to the grand jury before, but information on that testimony will be redacted from publicly available court documents. Armitage was interviewed by FBI agents almost a year before today’s grand jury appearance (see October 1, 2003 and October 2, 2003). In today’s appearance, Armitage denies discussing Valerie Plame Wilson with any reporter other than columnist Robert Novak (see July 14, 2003 and September 14, 2004). [US District Court for the District of Columbia, 9/27/2004 pdf file] Armitage is lying; he informed Washington Post reporter Bob Woodward of Plame Wilson’s identity in June 2003 (see June 13, 2003).

Entity Tags: Richard Armitage, Bob Woodward, Valerie Plame Wilson, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Al Hunt and Robert Novak on NBC’s ‘Meet the Press.’Al Hunt and Robert Novak on NBC’s ‘Meet the Press.’ [Source: Washington Post]During a broadcast of CNN’s The Capital Gang, conservative columnist Robert Novak weighs in on the controversy surrounding a recent CBS story on George W. Bush’s National Guard service. The story relied on documents whose authenticity has been questioned. Novak says: “I’d like CBS, at this point, to say where they got those documents from.… I think they should say where they got these documents because I thought it was a very poor job of reporting by CBS.” Novak’s colleague, liberal Al Hunt, retorts: “Robert Novak, you’re saying CBS should reveal its source?… You think reporters ought to reveal sources?” Novak, tardily understanding where Hunt is going, backtracks: “No, no, wait a minute. I’m just saying in that case.” Novak has yet to publicly reveal his sources for his outing of CIA case officer Valerie Plame Wilson (see July 14, 2003). Other reporters who were given Plame Wilson’s name, including the New York Times’s Judith Miller (see June 23, 2003) and Time’s Matthew Cooper (see September 13, 2004), have disclosed their negotiations with special counsel Patrick Fitzgerald over revealing information to his grand jury, but Novak has said nothing on the subject. (Hunt later confirms that, like the vast majority of the Washington pundit corps, he has refrained from asking Novak about the issue, because Novak is “a close friend… it’s uncomfortable.”) Democratic strategist Paul Begala, who spars regularly with Novak on CNN, concurs: “Look, he’s a friend of mine. I know that he can’t talk about it. I respect that fact, so I don’t bring it up.” [Washington Monthly, 12/2004] Novak has spoken with the FBI and with investigators for Fitzgerald three times (see October 7, 2003, February 5, 2004, and September 14, 2004).

Entity Tags: Paul Begala, CNN, Al Hunt, George W. Bush, Judith Miller, Robert Novak, Texas Air National Guard, Matthew Cooper, Valerie Plame Wilson, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Amjad Farooqi.Amjad Farooqi. [Source: Associated Press]Amjad Farooqi, a leader of al-Qaeda and the Pakistani militant group Jaish-e-Mohammed, is allegedly shot and killed in Nawabshah, Pakistan, a town 170 miles north of Karachi. Farooqi had been indicted for the murder of US journalist Daniel Pearl in 2002 (see January 31, 2002), and was said to have been a mastermind of the two assassination attempts against Pakistani President Pervez Musharraf in December 2003 (see December 14 and 25, 2003). Farooqi is also believed to have taken part in the hijacking of an Indian airliner in late 1999 (see December 24-31, 1999). He is said to be close to al-Qaeda leader Abu Faraj al-Libbi. Farooqi was allegedly tracked by his mobile home to a hideout, which was then surrounded by police. He and two associates were killed after a two-hour gun battle, while three others were arrested. A senior Pakistani official says, “Farooqi’s elimination is a crushing blow to the al-Qaeda network in Pakistan because he was the man who had been providing al-Qaeda terrorists with the manpower to carry out attacks.” [Washington Post, 9/27/2004]
Staged Death? - However, the Asia Times reported in June 2004 that Farooqi had been secretly arrested already and that Musharraf was saving him for a politically opportune time. [Asia Times, 6/5/2004] After the announcement of his death, the Asia Times further report that its sources believe Farooqi indeed was killed, but his death was staged and he had been arrested months before. It is claimed that Pakistani authorities wanted him dead to close investigations into the murder of Daniel Pearl and the assassination attempts against Musharraf. In both cases, there are unanswered questions about the links between al-Qaeda and forces within the Pakistani government. Furthermore, some say the 1999 Indian airline hijacking he was said to have been a part of was planned by al-Qaeda-linked militants working with the Pakistani ISI (see December 24-31, 1999).
Allegedly Overhyped - The Asia Times further claims that while Farooqi was involved in Pearl’s death and the Musharraf assassinations, he was not the “super villain” he was made out to be in the months before his death. They also portray him as a stand-alone operator who worked with al-Qaeda and a number of Pakistani militant groups, but did not directly belong to any one group. [Asia Times, 9/28/2004; Asia Times, 9/29/2004]
Questions Unanswered - One senior Pakistani law-enforcement official says after the announcement of his death, “It was very important to catch Amjad Farooqi alive. Farooqi was the key link between the foot soldiers and those who ordered the murder [of Musharraf].” Another says, “Amjad Farooqi is now dead with the most important secret and we still don’t know for sure the real identity of the Pakistani or al-Qaeda or any other foreign elements who had launched Farooqi into action to remove General Musharraf from the scene.” [Asia Times, 9/30/2004]

Entity Tags: Pervez Musharraf, Jaish-e-Mohammed, Abu Faraj al-Libbi, Al-Qaeda, Amjad Farooqi

Timeline Tags: Complete 911 Timeline

The Supreme Court declines without comment to hear an appeal by “enemy combatant” Ali Saleh Kahlah al-Marri (see December 12, 2001 and June 23, 2003). Al-Marri has filed a civil suit, Al-Marri v. Rumsfeld, challenging his detention and his status as an enemy combatant. Previously, courts ruled that al-Marri’s lawyers should have filed the suit in South Carolina, where al-Marri is being held in a Charleston naval brig, not in Illinois, where al-Marri was attending college. The Supreme Court refused to overturn that decision. Al-Marri’s lawyers intend to refile the suit in South Carolina (see August 8, 2005). [Al-Marri v. Rumsfeld, 6/2004; Associated Press, 10/4/2004; Slate, 4/20/2006]

Entity Tags: US Supreme Court, Ali Saleh Kahlah al-Marri

Timeline Tags: Torture of US Captives, Civil Liberties

Judge Thomas Hogan holds New York Times reporter Judith Miller in contempt for refusing to answer a subpoena from the grand jury investigating the leak of Valerie Plame Wilson’s covert CIA identity (see August 12, 2004 and After). [Washington Post, 7/3/2007; Reporters Committee for Freedom of the Press, 11/19/2009] Hogan orders Miller jailed for up to 18 months after she informs him she will not answer questions from special counsel Patrick Fitzgerald about her conversations with officials. In turn, Hogan says Miller has no special right as a reporter to defy a subpoena in a criminal investigation. Hogan rules that he is satisfied Fitzgerald has exhausted other avenues of determining key information about the Plame Wilson identity leak, and that his questioning of journalists is a last resort rather than a “fishing expedition,” as the Times has argued. “The special counsel has made a limited, deferential approach to the press in this matter,” Hogan says. He goes on to note that journalists’ promise to protect their sources is outweighed by the government’s duty to investigate a serious crime. In a 1972 decision, the Supreme Court ruled that the First Amendment does not protect reporters called before a criminal grand jury. “We have a classic confrontation between conflicting interests,” Hogan says. Miller remains free on bond while the Times appeals his decision. After the ruling, Miller tells a group of reporters: “It’s really frightening when journalists can be put in jail for doing their job effectively. This is about all journalists and about all government officials who provide information on the promise of confidentiality. Without that, they won’t come forward, and the public won’t be informed.” Times executive editor Bill Keller says he is disturbed that Bush administration officials had been asked by their superiors in this case to sign waivers of confidentiality agreements with reporters (see January 2-5, 2004). “This is going to become all the rage in corporate and government circles,” he says. “It’s really spooky.” [CBS News, 10/7/2004; Washington Post, 10/8/2004]

Entity Tags: Judith Miller, Bill Keller, Thomas Hogan, Bush administration (43), Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Accused terrorist Yaser Esam Hamdi returns to Saudi Arabia aboard a US military jet. Earlier in 2004, the US Supreme Court ruled that the US government could not continue to hold Hamdi, a US citizen, as an enemy combatant without allowing him to challenge that status (see June 28, 2004). The US government was still free to bring charges against him but instead chose to negotiate with his attorneys about a release. In exchange for his release, Hamdi agrees to renounce his US citizenship and pledge never to travel to Afghanistan, Iraq, Israel, Pakistan, Syria, the Palestinian West Bank, or Gaza. He must also report any intent to travel outside Saudi Arabia. [CNN, 10/14/2004]
'Shocking Admission' of Lack of Criminal Case against Hamdi - Andrew Cohen comments in the Los Angeles Times, “If Hamdi is such a minor threat today that he can go back to the Middle East without a trial or any other proceeding, it’s hard not to wonder whether the government has been crying wolf all these years.” He calls the release “a shocking admission from the government that there is not now, and probably never has been, a viable criminal case against Hamdi.” [Los Angeles Times, 8/16/2004]
Hamdi Case Used to Set Favorable Precedent? - Author and reporter Charlie Savage will agree with Cohen. “Hamdi’s release meant that a prisoner who the White House had once sworn was too dangerous to be allowed access to a lawyer was now going free—just like hundreds of prisoners from Guantanamo who were held without trial for years and then quietly released,” Savage will write. He will note that many administration critics believe Hamdi’s case had been used as a tool by the administration to get a favorable judicial precedent and, once that precedent had been put in place, the administration had no more use for Hamdi and threw him out of the country rather than actually continue with a problematic trial or legal proceeding. [Savage, 2007, pp. 199-200]

Entity Tags: Charlie Savage, Yaser Esam Hamdi, Andrew Cohen

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

Judge Thomas Hogan holds Time reporter Matthew Cooper in contempt for refusing to answer a subpoena from the grand jury investigating the leak of Valerie Plame Wilson’s covert CIA identity (see September 13, 2004). [Washington Post, 7/3/2007; Reporters Committee for Freedom of the Press, 11/19/2009]

Entity Tags: Thomas Hogan, Matthew Cooper

Timeline Tags: Niger Uranium and Plame Outing

Deputy White House chief of staff Karl Rove, President Bush’s top political adviser, testifies for a third time before the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003). (The date of Rove’s second testimony to the grand jury is not publicly known, though Newsweek’s Michael Isikoff later says Rove testified twice in February 2004.) Rove tells the jury that he spoke with Time magazine reporter Matthew Cooper (see 11:00 a.m. July 11, 2003), a conversation he has failed to disclose in previous testimony both before the jury and when interviewed by FBI agents (see October 8, 2003 and February 2004). Rove now says he recalls speaking with Cooper, but cannot remember details of their conversation. His lawyer, Robert Luskin, says Rove “answered fully and truthfully every one of their questions,” and did not try to avoid answering questions on legal grounds. White House press secretary Scott McClellan says that Rove’s testimony shows he is “doing his part to cooperate” in the probe. Terry McAuliffe, the chairman of the Democratic National Committee, charges that Rove and other Bush aides are refusing to tell the public everything they know about the outing of Plame Wilson as a CIA official. “Karl Rove needs to come clean and tell us what he told the grand jury today,” McAuliffe says. Luskin claims that Rove has been informed he is not a target of the inquiry. [Time, 10/15/2004; New York Times, 10/16/2004; National Journal, 4/28/2006; Newsweek, 5/8/2006]
Names Libby - Rove informs the jury that he may have learned of Plame Wilson’s identity from former White House official Lewis Libby, the chief of staff to Vice President Dick Cheney. Almost a year later, the Washington Post will learn of Rove’s naming of Libby from “a source familiar with Rove’s account.” Days before Plame Wilson’s identity was publicly revealed (see July 14, 2003), Libby and Rove discussed conversations they had had with Cooper and other, unnamed reporters. Both Plame Wilson’s CIA identity and her husband, war critic Joseph Wilson, were discussed, Rove tells the jury. He says that his conversations with Libby were confined to information the two men heard from reporters. He also says he heard about Plame Wilson’s CIA identity from “someone outside the White House,” but cannot recall that person’s identity. [Washington Post, 10/20/2005]
Claim of Memory Failure - Rove has claimed not to remember the conversation between himself and Cooper, but has recently found an e-mail he sent to Deputy National Security Adviser Stephen Hadley confirming the conversation (see After 11:07 a.m. July 11, 2003). Rove and Luskin claim that Rove only recently found the e-mail and immediately turned it over to Fitzgerald’s investigators. They claim that Rove never intended to withhold evidence from the investigation. [New York Times, 11/4/2005]
Kerry Campaign Calls for Full Disclosure from White House - Joe Lockhart, the campaign spokesman for the presidential campaign of John Kerry (D-MA), says: “With two weeks to go before the election, the American people are still in the dark about how it is that their White House leaked the name of an undercover CIA operative to the press, jeopardizing the life of this agent and possibly violating federal law. Instead of hiding behind the lawyers he so often likes to criticize, George Bush should direct Karl Rove and anyone else involved to go to the White House briefing room and come clean about their role in this insidious act.” [Salon, 10/15/2004]

Entity Tags: Scott McClellan, Terry McAuliffe, Stephen J. Hadley, Matthew Cooper, Robert Luskin, Karl C. Rove, Bush administration (43), Federal Bureau of Investigation, Lewis (“Scooter”) Libby, Joe Lockhart, George W. Bush

Timeline Tags: Niger Uranium and Plame Outing

Islamist militant leader Abu Musab al-Zarqawi and his group al-Tawhid pledges loyalty to bin Laden in a statement posted on the Internet. He states, [Let it be known that] al-Tawhid pledges both its leaders and its soldiers to the mujahid commander, Sheikh Osama bin Laden…” [Bergen, 2006, pp. 364] Bin Laden and al-Zarqawi began discussing the possibility of an alliance in early 2004 (see Early 2004). There had been other occasional contacts and linkages between al-Zarqawi and his group in years past, but al-Zarqawi had generally maintained his independence from al-Qaeda. Just one month earlier, al-Zarqawi stated, “I have not sworn allegiance to [bin Laden] and I am not working within the framework of his organization.” [Newsweek, 4/4/2005] The Atlantic Monthly will later report that at the same time al-Zarqwai made his loyalty oath, he also “proclaimed himself to be the ‘Emir of al-Qaeda’s Operations in the Land of Mesopotamia,’ a title that subordinated him to bin Laden but at the same time placed him firmly on the global stage. One explanation for this coming together of these two former antagonists was simple: al-Zarqawi profited from the al-Qaeda franchise, and bin Laden needed a presence in Iraq. Another explanation is more complex: bin Laden laid claim to al-Zarqawi in the hopes of forestalling his emergence as the single most important terrorist figure in the world, and al-Zarqawi accepted bin Laden’s endorsement to augment his credibility and to strengthen his grip on the Iraqi tribes. Both explanations are true. It was a pragmatic alliance, but tenuous from the start.” [Atlantic Monthly, 6/8/2006] In December 2004, an audiotape said to be the voice of bin Laden acknowledges al-Zarqawi’s comments. “It should be known that the mujahid brother Abu Musab al-Zarqawi is the emir of the al-Qaeda organization in [Iraq]. The brothers in the group there should heed his orders and obey him in all that which is good.” [Bergen, 2006, pp. 364-365]

Entity Tags: Al-Tawhid, Abu Musab al-Zarqawi, Al-Qaeda in Iraq, Osama bin Laden

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, Iraq under US Occupation

Fawzi Khalid Abdullah Fahad al-Odah.Fawzi Khalid Abdullah Fahad al-Odah. [Source: Cageprisoners]US District Judge Colleen Kollar-Kotelly rules on a lawsuit filed by three Kuwaiti detainees at Guantanamo: Mohammed Ahmed al-Kandari, Khalid Abdullah Mishal al-Mutairi, and Fawzi Khalid Abdullah Fahad al-Odah. She rules that detainees should be permitted to communicate with their lawyers without the government listening in on their conversations. She says the government’s attempt to wire-tap detainee-attorney communications threatens to “erode [the] bedrock principle” of attorney-client privilege. She says the government is defending its position with “a flimsy assemblage” of arguments. “The government has supplied only the most slender legal support for its argument, which cannot withstand the weight of the authority surrounding the importance of the attorney-client privilege.” [Reuters, 10/20/2004] The three Kuwaitis, Judge Kollar states, “have been detained virtually incommunicado for nearly three years without being charged with any crime. To say that their ability to investigate the circumstances surrounding their capture and detention is ‘seriously impaired’ is an understatement.” [Associated Press, 10/21/2004] She does concede, however, that lawyers for the Guantanamo detainees are required to disclose to the government any information from their client involving future threats to national security. [Reuters, 10/20/2004]

Entity Tags: Fawzi Khalid Abdullah Fahad al-Odah, Mohammed Ahmed al-Kandari, Khalid Abdullah Mishal al-Mutairi, Colleen Kollar-Kotelly, James L. Pohl

Timeline Tags: Torture of US Captives, Civil Liberties

Mary Galligan.Mary Galligan. [Source: FBI]Mary Galligan, the head of the FBI’s 9/11 investigation, says that the 9/11 attacks were virtually unstoppable. Galligan was the head of the FBI’s domestic terror squad in the summer of 2001, and then headed PENTTBOM, the FBI’s 9/11 investigation from just after the 9/11 attacks until early 2004 (see June 14, 2004). [Federal Bureau of Investigation, 7/1/2010] She says: “If I had [9/11 hijacker Mohamed] Atta—say, we got a call from a next-door neighbor, and we sent a guy out there—he’s not gonna give us the plan, so the agent is gonna come back to me and say, ‘Mary, he’s nothing.’ And what could I do? Nothing. Or let’s assume we learned the hijackers’ names in 2000. We would have surveilled them and listened to their conversations. But we know now they didn’t even know the plan at that time. If we approached them, they would have left the country. Would bin Laden then have sent more people? Yes.” [Vanity Fair, 11/2004] Galligan’s comment that the hijackers didn’t know the plan for 9/11 is contradicted by much evidence. For instance, in March 2001, most of them recorded videos in which they pledged to die martyrs in the US, and some of these videos were made public in 2002 and 2003 (see (December 2000-March 2001)).

Entity Tags: PENTTBOM, Mary Galligan

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Salim Ahmed Hamdan.Salim Ahmed Hamdan. [Source: Public domain]US District Judge James Robertson rules that the Combatant Status Review Tribunal being held at the Guantanamo base in Cuba to determine the status of detainee Salim Ahmed Hamdan is unlawful and cannot continue. At the time of the decision, Hamdan is before the Guantanamo military commission. [Washington Post, 11/9/2004; USA Today, 11/9/2004] The commission system, as set up by White House lawyers David Addington and Timothy Flanigan three years before (see Late October 2001), gives accused terrorists such as Hamdan virtually no rights; in author and reporter Charlie Savage’s words, “the [Bush] administration had crafted rules that would make it easy for prosecutors to win cases.” [Savage, 2007, pp. 195-196]
Violation of Geneva Conventions - Robertson, in his 45-page opinion, says the government should have conducted special hearings to determine whether detainees qualified for prisoner-of-war protections under the Geneva Conventions at the time of capture. [USA Today, 11/9/2004] He says that the Bush administration violated the Geneva Conventions when it designated prisoners as enemy combatants, denied them POW protections, and sent them to Guantanamo. [Boston Globe, 11/9/2004] The Combatant Status Review Tribunals that are currently being held in response to a recent Supreme Court decision (see June 28, 2004) are inadequate, Robertson says, because their purpose is to determine whether detainees are enemy combatants, not POWs, as required by the Third Geneva Convention. [USA Today, 11/9/2004]
Rejects Claims of Presidential Power - Robertson also rejects the administration’s claim that the courts must defer to the president in a time of war. “The president is not a ‘tribunal,’” the judge says. [USA Today, 11/9/2004] Robertson, a Clinton appointee, thus squarely opposes both the president’s military order of November 13, 2001 (see November 13, 2001) establishing the possibility of trial by military tribunal, and his executive order of February 7, 2002 (see February 7, 2002) declaring that the Geneva Conventions do not to apply to Taliban and al-Qaeda prisoners. “The government has asserted a position starkly different from the positions and behavior of the United States in previous conflicts,” Robertson writes, “one that can only weaken the United States’ own ability to demand application of the Geneva Conventions to Americans captured during armed conflicts abroad.” [USA Today, 11/9/2004; Washington Post, 11/9/2004; Boston Globe, 11/9/2004]
Orders Military Courts-Martial - Robertson orders that until the government conducts a hearing for Hamdan before a competent tribunal in accordance with the Third Geneva Conventions, he can only be tried in courts-martial, according to the same long-established military rules that apply to trials for US soldiers. [Washington Post, 11/9/2004; Boston Globe, 11/9/2004] Robertson’s ruling is the first by a federal judge to assert that the commissions are illegal. [Washington Post, 11/9/2004]
Hearings Immediately Recessed - When word of Robertson’s ruling comes to Guantanamo, Colonel Peter Brownback, presiding over a pretrial hearing for Hamdan, immediately gavels the hearing closed, declaring an “indefinite recess” for the tribunal. [Savage, 2007, pp. 195-196]
Ruling Applauded by Civil Libertarians, Rejected by Bush Lawyers - Anthony Romero, director of the American Civil Liberties Union; Eugene Fidell, president of the National Institute of Military Justice; and Michael Ratner, president of the Center for Constitutional Rights, all applaud Robertson’s ruling. [Boston Globe, 11/9/2004] The Bush administration rejects the court’s ruling and announces its intention to submit a request to a higher court for an emergency stay and reversal of the decision. “We vigorously disagree.… The judge has put terrorism on the same legal footing as legitimate methods of waging war,” Justice Department spokesman Mark Corallo says. “The Constitution entrusts to the president the responsibility to safeguard the nation’s security. The Department of Justice will continue to defend the president’s ability and authority under the Constitution to fulfill that duty.” [Washington Post, 11/9/2004; Boston Globe, 11/9/2004] He also says that the commission rules were “carefully crafted to protect America from terrorists while affording those charged with violations of the laws of war with fair process.” [Boston Globe, 11/9/2004]
Ruling May Affect Other Detainees - Though the ruling technically only applies to Hamdan, his civilian attorney, Neal Katyal, says it could affect other detainees. “The judge’s order is designed only to deal with Mr. Hamdan’s case,” Katyal says. “But the spirit of it… extends more broadly to potentially everything that is going on here at Guantanamo.” [USA Today, 11/9/2004]

Entity Tags: Mark Corallo, Neal Katyal, James Robertson, George W. Bush, Anthony D. Romero, Peter Brownback, Charlie Savage, US Supreme Court, American Civil Liberties Union, Salim Ahmed Hamdan

Timeline Tags: Torture of US Captives, Civil Liberties

Referring to the recent appointment of former White House counsel Alberto Gonzales as US Attorney General (see November 10, 2004), retired chief judge of the Army Court of Appeals Brigadier General James Cullen says, “When you encounter a person who is willing to twist the law… even though for perhaps good reasons, you have to say you’re really undermining the law itself.” [Village Voice, 11/29/2004]

Entity Tags: James Cullen, Alberto R. Gonzales

Timeline Tags: Torture of US Captives, Civil Liberties

The press reports that Terry Nichols, convicted on federal and state charges surrounding the 1995 Oklahoma City bombing (see December 23, 1997 and May 26, 2004), admitted to his involvement in the conspiracy to blow up the Murrah Federal Building during secret plea negotiations in 2003. Presumably these were the negotiations where prosecutors ultimately rejected an offer by Nichols’s lawyers for Nichols to plead “no content” to the 161 charges of first-degree murder in return for being spared the death penalty (see February 17, 2004). Nichols signed a statement acknowledging helping bomber Timothy McVeigh (see December 23, 1997 and June 4, 1998) construct the bomb, though he denied having any prior knowledge of the target (see April 11, 1995) or knowing any other co-conspirators (see May-September 1993, February - July 1994, August 1994, September 13, 1994, October 21 or 22, 1994, and December 16, 1994 and After). Prosecutors now say they never believed Nichols was being entirely truthful in his plea offer. [New York Times, 11/30/2004; The Oklahoman, 4/2009]

Entity Tags: Murrah Federal Building, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Miller, Abrams, and Cooper speak to reporters during the Libby investigation.Miller, Abrams, and Cooper speak to reporters during the Libby investigation. [Source: Life magazine]Judith Miller, the New York Times reporter held in contempt for failing to obey a subpoena to testify before the Patrick Fitzgerald grand jury investigating the Plame Wilson identity leak (see October 7, 2004), tells her husband that she may go to jail. “Something bad is happening,” Miller tells Jason Epstein, her husband and a founder of the New York Review of Books. “I think I might be going to jail.” Epstein replies, “Going to jail—that can’t be right.” Miller says, “That is where this is going to lead.” Trying to lighten the mood, Epstein retorts, “Well, if that’s the case, get a lawyer from the Yellow Pages so it won’t cost so much.” Miller says she already has a lawyer, renowned First Amendment advocate Floyd Abrams. With another lawyer, Abrams had represented the Times in the Pentagon Papers case of 1971 (see June 15, 1971), and he helped to forge case law protecting journalists from being compelled to reveal their sources. Abrams is already representing another Times reporter, Philip Shenon, against Fitzgerald in the case of Shenon’s reporting on an FBI raid of two Muslim charities accused of supporting terrorism (see December 3-14, 2001). He is also defending two more Times reporters, James Risen and Jeff Gerth, in a privacy lawsuit filed by nuclear scientist Wen Ho Lee, who is accusing the reporters of inaccurate and defamatory reporting. And he is representing Time Magazine reporter Matthew Cooper, who is also facing a subpoena from the Fitzgerald investigation (see October 13, 2004). Abrams has asked Fitzgerald to steer clear of subpoenaing reporters such as Miller and Cooper, fearing the effect those subpoenas might have on investigative reporting if successful. Fitzgerald told Abrams that he had thought through the issue, and was prepared to compel their testimony through the entire judicial system. [Vanity Fair, 4/2006]

Entity Tags: New York Times, Floyd Abrams, Jason Epstein, Matthew Cooper, Judith Miller

Timeline Tags: Niger Uranium and Plame Outing

Saad al-Fagih.Saad al-Fagih. [Source: PBS]The US and UN designate Saad al-Fagih a global terrorist, but Britain, where he lives, takes no effective action against him. Al-Fagih helped supply bin Laden with a satellite telephone used in the 1998 embassy bombings (see November 1996-Late August 1998). Britain seizes the assets of al-Fagih and his organization, the Movement for Islamic Reform in Arabia. [US Department of the Treasury, 12/21/2004; BBC, 12/24/2004] However, Saudi ambassador to Britain Prince Turki al-Faisal will later complain that the total seized is only ”£20 or something” (note: equivalent of about $39) and that the British government allows al-Fagih to continue to operate openly from London, despite being a specially designated global terrorist (see August 10, 2005). [London Times, 8/10/2005] Britain has long been suspected of harboring Islamic militants in return for them promising not to attack Britain (see August 22, 1998).

Entity Tags: Turki al-Faisal, Saad al-Fagih, Movement for Islamic Reform in Arabia, US Department of the Treasury, United Nations

Timeline Tags: Complete 911 Timeline

The Wall Street Journal reports that a government investigation into activities at Riggs Bank may be hampered because of its “longstanding relationship with the Central Intelligence Agency” (see July 2003). [Wall Street Journal, 12/31/2004] Yet this story attracts almost no mention or follow up in the US media. For instance, the Washington Post, which covers Riggs Bank more than other newspapers because the bank is based in Washington, mentions the CIA connection only in one paragraph near the end of article in the newspaper’s business section two months after the Wall Street Journal article: “Another potential cloud for any acquirer is the bank’s long-standing relationship with the CIA. Sources familiar with the bank’s operations and sources in the intelligence community say that since the 1960s Riggs at least held funds related to CIA operations or agents, and several officers of Riggs had high-level security clearances. However, law enforcement authorities say Riggs’s CIA connections had nothing to do with the bank’s violations of anti-money-laundering laws. And the subject did not arise in the bank’s negotiations with the US attorney for the District over Riggs’s guilty plea, the sources said.” [Washington Post, 2/9/2005] Only Slate appears interested, publishing two stories highlighting the Riggs-CIA connection. In one, it is noted that the connection “invites speculation that the Justice Department might abort the prosecutions lest courtroom brawls reveal more about Riggs and the CIA than the government wants made public.” [Slate, 1/10/2005] The other Slate article will lament, “Where is the rest of the press on the Riggs-CIA connection? Spooks, sheiks, dictators, millions in laundered money, and a $766 million merger in the balance! What does it take to entice an assignment editor these days, a tsunami or something?” [Slate, 1/7/2005]

Entity Tags: Riggs Bank, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, US-Chile (1964-2005)

PBS Frontline releases a chronology of events in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The original source of the chronology is a document given to freelance reporter Ben Fenwick by a disgruntled staff member on the defense team of convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) who was unhappy with the way lead attorney Stephen Jones was handling the case (see August 14-27, 1997). In late March or early April of 1997, shortly before McVeigh’s trial began (see April 24, 1997), Fenwick brings the document to ABC News. The document is titled “Factual Chronology,” and details McVeigh’s movements and activities in the years, days, and months leading up to the bombing. Fenwick reportedly had the document in his possession for several months before approaching ABC with it. PBS Frontline producer Martin Smith, at the time an ABC News employee, saw the document. ABC produces two reports on McVeigh; those reports, along with an article Fenwick wrote for Playboy magazine, were the first to use the chronology as source material. Smith and co-producer Mark Atkinson will later produce a dual biography of McVeigh and co-conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) using the chronology. Of the document, Smith writes, “This 66-page chronology is extraordinary in that it correlates in great detail with everything I had learned about McVeigh and Nichols and provided a great deal of new detail on McVeigh’s movements and actions in the crucial days and hours leading up to the bombing.” Much of the material in the chronology came directly from McVeigh. Smith writes that the material comprises “a startling confession, outlining in considerable detail how McVeigh prepared and carried out the attack.” He notes that the chronology is “consistent with statements made by McVeigh during dozens of hours of interviews done with him by reporters Lou Michel and Dan Herbeck for their recent book, American Terrorist: Timothy McVeigh and the Oklahoma City Bombing.” The document is labeled as being from Jones’s law firm Jones, Wyatt, & Roberts, and is stamped, “CONFIDENTIAL AND PRIVILEGED MEMORANDUM; ATTORNEY WORK PRODUCT and ATTORNEY/CLIENT COMMUNICATION.” It is labeled as being routed to Jones from Amber McLaughlin and Bob Wyatt, and dated January 22, 1996. [PBS Frontline, 3/2005]

Entity Tags: Lou Michel, Amber McLaughlin, ABC News, Ben Fenwick, Dan Herbeck, Martin Smith, Terry Lynn Nichols, Mark Atkinson, Bob Wyatt, PBS Frontline, Stephen Jones, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Arlen Specter.Arlen Specter. [Source: US Senate]White House counsel Alberto Gonzales testifies before the US Senate as part of his confirmation as the Bush administration’s new attorney general. Much of the seven hours of testimony focuses on Gonzales’s position on torturing terrorist suspects. He is specifically questioned on the August 2002 Justice Department memo requested by Gonzales that outlined how US officials could interrogate subjects without violating domestic and international laws against torture by setting unusually high standards for the definition of torture (see August 1, 2002). [Democracy Now!, 1/7/2005] Arlen Specter (R-PA) asks Gonzales if he approves of torture. Gonzales replies, “Absolutely not,” but refuses to be pinned down on specifics of exactly what constitutes torture.
Equivocating on the Definition of Torture - Gonzales says he “was sickened and outraged” by the photographs of tortured Iraqis at Abu Ghraib prison (see Evening November 7, 2003), but refuses to say whether he believes any of that conduct is criminal, citing ongoing prosecutions. Joseph Biden (D-DE) retorts: “That’s malarkey. You are obliged to comment. That’s your judgment we’re looking at.… We’re looking for candor.” [CNN, 1/7/2005] When asked whether he agrees with the August 2002 memo that said, “[F]or an act to violate the torture statute, it must be equivalent in intensity to the pain accompanying serious physical injury such as organ failure, impairment of bodily function, or even death,” Gonzales says: “We were trying to interpret the standard set by Congress. There was discussion between the White House and Department of Justice as well as other agencies about what does this statute mean? It was a very, very difficult—I don’t recall today whether or not I was in agreement with all of the analysis, but I don’t have a disagreement with the conclusions then reached by the department.” He says that the standard “does not represent the position of the executive branch” today. Author and torture expert Mark Danner calls the standard “appalling… even worse the second time through.” Gonzales was obviously prepped for this line of questioning, Danner says: “He sat in front of the committee and asserted things, frankly, that we know not to be true.… He was essentially unwilling to say definitively there were no situations in which Americans could legally torture prisoners.… [T]here’s an assumption behind [this performance] that we have the votes. We’re going to get through. I just have to give them nothing on which to hang some sort of a contrary argument.”
Equivicating on Techniques - Edward Kennedy (D-MA) questions Gonzales about what techniques are defined as torture, including “live burial” (see February 4-5, 2004) and waterboarding. Kennedy says that, according to media reports, Gonzales never objected to these or other techniques. Gonzales does not have a “specific recollection” of the discussions or whether the CIA ever asked him to help define what is and is not torture. He also says that in “this new kind of” war against “this new kind of enemy, we realized there was a premium on receiving information” the US needs to defeat terrorists. Agencies such as the CIA requested guidance as to “[w]hat is lawful conduct” because they did not “want to do anything that violates the law.” Kennedy asks if Gonzales ever suggested that the Justice Department’s Office of Legal Counsel (OLC) ever “lean forward on this issue about supporting the extreme uses of torture?” Gonzales focuses on Kennedy’s phrasing: “Sir, I don’t recall ever using the term sort of ‘leaning forward,’ in terms of stretching what the law is.” He refuses to admit giving any opinions or requesting any documents, but only wanted “to understand [the OLC’s] views about the interpretation” of torture. Danner notes that Justice Department officials have told reporters that Gonzales pushed for the expansive definition of torture in the memos, but Gonzales refuses to admit to any of that in the questioning.
Ignoring the Uniform Code of Military Justice - Lindsey Graham (R-SC) tells Gonzales that the Justice Department memo was “entirely wrong in its focus” because it excluded the Uniform Code Of Military Justice, and that it “put our troops at jeopardy.” Gonzales replies that he does not think that because of the memo the US has lost “the moral high ground” in the world. Danner says, “[Graham] is arguing that these steps weakened the United States, not only by putting troops at risk, but by undermining the US’s reputation in the world, undermining the ideological side of this war… Graham is saying very directly that by torturing, and by supplying images like that one, of… a hooded man, the man with the hood over his head and the wires coming out of his fingers and his genitals which is known far and wide in the Arab world in the Middle East it’s become highly recognizable by supplying that sort of ammunition, you’re giving very, very strong comfort and aid to the enemy in fact.” [Democracy Now!, 1/7/2005]

Entity Tags: Clarence Thomas, Arlen Specter, Alberto R. Gonzales, Central Intelligence Agency, Uniform Code of Military Justice, US Department of Justice, Mark Danner, Patrick J. Leahy, Joseph Biden, Bush administration (43), Office of Legal Counsel (DOJ)

Timeline Tags: Torture of US Captives, Civil Liberties

The Senate Judiciary Committee brings in several experts to expand upon the testimony of attorney general nominee Alberto Gonzales (see January 6, 2005 and January 6, 2005). One of the most outspoken critics is Yale Law School dean Harold Koh. Koh had worked in the Justice Department’s Office of Legal Counsel (OLC) under Ronald Reagan, and later served as assistant secretary of state for democracy, human rights, and labor in the Clinton administration. He is a vocal critic of the Bush administration’s detention policies at Guantanamo and elsewhere. Koh had once worked closely with OLC lawyer John Yoo, the author of numerous torture memos (see October 4, 2001, November 6-10, 2001, November 20, 2001, December 21, 2001, December 28, 2001, January 9, 2002, January 11, 2002, January 14, 2002, January 22, 2002, January 24-26, 2002, March 13, 2002, July 22, 2002, August 1, 2002, August 1, 2002, and March 14, 2003) and opinions expanding the power of the president (see September 21, 2001, September 25, 2001, September 25, 2001, October 23, 2001, October 23, 2001, and June 27, 2002), but now, without explicitly mentioning Yoo by name, he repudiates his former student’s legal positions. Gonzales worked closely with Yoo to craft the administration’s positions on wiretapping, torture, the inherent power of the president, and other issues. “Having worked in both Democratic and Republican administrations, and for more than two years as an attorney in the Office of Legal Counsel, I am familiar with how legal opinions like this are sought and drafted,” Koh states. “I further sympathize with the tremendous pressures of time and crisis that government lawyers face while drafting such opinions. Nevertheless, in my professional opinion, the August 1, 2002 OLC memorandum [drafted by Yoo at Gonzales’s behest—see August 1, 2002] is perhaps the most clearly erroneous legal opinion I have ever read.” The August 1 memo, as well as other opinions by Yoo and Gonzales, “grossly overreads the inherent power of the president” as commander in chief, Koh testifies. The memos raise profound questions about the legal ethics of everyone involved—Gonzales, Yoo, and others in the Justice Department and White House. “If a client asks a lawyer how to break the law and escape liability, the lawyer’s ethical duty is to say no,” Koh testifies. “A lawyer has no obligation to aid, support, or justify the commission of an illegal act.” [Senate Judiciary Committee, 1/7/2005 pdf file; Savage, 2007, pp. 211-212]

Entity Tags: Senate Judiciary Committee, US Department of Justice, Harold Koh, Alberto R. Gonzales, Bush administration (43), John C. Yoo, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

Jared Taylor.Jared Taylor. [Source: Jared Taylor]The Pittsburgh Post-Gazette publishes a profile of Jared Taylor, an academic often seen and heard on news and opinion broadcasts as a “race-relations expert,” but called by the Post-Gazette “a racist in the guise of [an] ‘expert.’” The profile follows a number of radio appearances made by Taylor on January 17, the federal holiday honoring the birth of Dr. Martin Luther King Jr.; Taylor, according to the Post-Gazette, told his audiences that King “was a philanderer, a plagiarist, and a drinker who left a legacy of division and resentment, and was unworthy of a national holiday.” Taylor heads the New Century Foundation (NCF), a Virginia-based organization that promotes the ideas that blacks are genetically less intelligent than whites, are sexually promiscuous because of hyperactive sex drives, and other pseudo-scientific ideas about blacks and other minorities. The Post-Gazette writes that “Taylor keeps company with a collection of racists, racial ‘separatists,’ and far-right extremists,” including some of the NCF board members, who have included members of the Council of Conservative Citizens (CCC), the successor to the White Citizens Councils of the 1950s and ‘60s; a member of the American Friends of the British National Party (BNP), a far-right neo-Nazi political party in Britain; and an anti-immigration author who has reviewed books for a Holocaust denial journal. Taylor publishes American Renaissance magazine, which regularly publishes “academic” follies that “prove” multiculturalism is wrong. He once wrote for the magazine, “If whites permit themselves to be displaced, it is not just the high culture of the West that could disappear but such things as representative government, rule of law, and freedom of speech, which whites usually get right and everyone else usually gets wrong.” Taylor, like former Klan leader David Duke, Web site owner and former Klansman Don Black (see March 1995), and others, is among the leaders of what the Post-Gazette calls “the new tactics of white supremacy.” Taylor and his confreres eschew the crude race-baiting and calls for explicit violence for more dispassionate, pseudo-academic and media-friendly presentations that use false science and “moderate” language to push their racist views. Taylor’s staff secured a half-dozen radio spots for King’s holiday by sending out the following email to dozens of radio stations: “Not everyone celebrates the legacy of Martin Luther King. Editor of American Renaissance magazine and race-relations expert Jared Taylor would be pleased to offer your listeners a view of Dr. King that challenges conventional wisdom.” The email listed Taylor’s resume: degrees from Yale and the Institute for Political Study in Paris, business consultant in Japan, author of four books. “Jared Taylor is the cultivated, cosmopolitan face of white supremacy,” says Mark Potok of the Southern Poverty Law Center. “He is the guy who is providing the intellectual heft, in effect, to modern-day Klansmen.” Taylor denies ever being a member of the Klan, or even knowing any Klan members, but both Black and Duke have appeared at his American Renaissance conferences; Potok has a photograph of Black having a beer at Taylor’s kitchen table. Taylor routinely denies publishing racially inflammatory material in his magazine, even when confronted with the actual published material, and denies writing white supremacist material for the BNP’s monthly magazine, Spearhead, even though his work (published under his “other name,” Samuel Taylor, is readily accessible). He says that those who call him a racist merely want to avoid having a rational discussion about his ideas. However, his ties with racist organizations are easily proven. Taylor has hosted former BNP leader John Tyndall at his home in Oakton, Virginia. The NCF’s 1999 tax returns list the Council of Conservative Citizens (CCC) as an organization to which the NCF is “related… through common membership, governing bodies, trustees, officers, etc.” [Pittsburgh Post-Gazette, 1/23/2005] The Anti-Defamation League will later write, “[Taylor] maintains ties to a variety of racist organizations, publications, and individuals, both domestic and international, and many of North America’s leading intellectual racists have written for American Renaissance or have addressed the biennial American Renaissance conferences.” [Anti-Defamation League, 2011]

Entity Tags: John Tyndall, Anti-Defamation League, American Friends of the British National Party, Council of Conservative Citizens, Don Black, Mark Potok, Pittsburgh Post-Gazette, New Century Foundation, Samuel Jared Taylor, David Duke

Timeline Tags: Domestic Propaganda

Matt Cooper and Judith Miller.Matt Cooper and Judith Miller. [Source: Paul J.Richards / AFP / Getty Images (left) and New York Times (right)]An appeals court rules 3-0 that reporters Judith Miller (see August 12, 2004 and After) and Matthew Cooper (see October 13, 2004) must testify in the Valerie Plame Wilson identity leak investigation (see December 30, 2003). Both the New York Times and Time magazine will appeal the ruling to a full appeals court and eventually to the Supreme Court (see June 27, 2005). The appeals court rules that because Miller and Cooper may have witnessed a federal crime—the disclosure of Plame Wilson’s covert CIA identity by government officials (see June 23, 2003, 8:30 a.m. July 8, 2003, Late Afternoon, July 12, 2003, 2:24 p.m. July 12, 2003, and 11:00 a.m. July 11, 2003)—the First Amendment does not protect them from testifying to the possible crime. The court finds that a 1972 Supreme Court ruling, Branzburg v. Hayes, applies: in that case, a reporter was ordered to testify about witnessing the production of illegal drugs. Writing for the appeals court, Judge David Sentelle notes that the Supreme Court “stated that it could not ‘seriously entertain the notion that the First Amendment protects the newsman’s agreement to conceal the criminal conduct of his source, or evidence thereof, on the theory that it is better to write about a crime than to do something about it.’” [United States Court of Appeals for the District of Columbia Circuit, 12/8/2004 pdf file; Washington Post, 7/3/2007] Times publisher Arthur Sulzberger says of the ruling: “The Times will continue to fight for the ability of journalists to provide the people of this nation with the essential information they need to evaluate issues affecting our country and the world. And we will challenge today’s decision and advocate for a federal shield law that will enable the public to continue to learn about matters that directly affect their lives.” Miller says, “I risk going to jail for a story I didn’t write, for reasons a court won’t explain.” [New York Times, 2/16/2005]

Entity Tags: New York Times, Arthur Sulzberger, David Sentelle, Matthew Cooper, US Supreme Court, Valerie Plame Wilson, Time magazine, Judith Miller

Timeline Tags: Niger Uranium and Plame Outing

Kyle Sampson, the deputy chief of staff for Attorney General Alberto Gonzales (see February 15, 2005), sends a list of the 93 current US Attorneys to White House counsel Harriet Miers. Each US Attorney is listed in either plain type, boldface, or “strikeout,” meaning a line is drawn through their name. In a follow-up email on March 2, Sampson explains that, “putting aside expiring terms, the analysis on the chart I gave you is as follows:
Bold - “Recommend retaining; strong US Attorneys who have produced, managed well, and exhibited loyalty to the president and attorney general.
Strikeout - “Recommend removing; weak US Attorneys who have been ineffectual managers and prosecutors; chafed against administration initiatives, etc.
Nothing - “No recommendation; not distinguished themselves either positively or negatively.”
On the copy of the chart released to the House Judiciary Committee in 2009, most of the US Attorneys’ names are redacted. The ones who are not redacted are listed as follows:
bullet Paul K. Charlton, Arizona (see November 14, 2001 and December 2003): nothing;
bullet Bud Cummins, Eastern Arkansas (see January 9, 2002 and April or August 2002): strikeout.
bullet Debra W. Yang, Central California: boldface.
bullet Kevin Ryan, Northern California (see August 2, 2002 and February 2003): nothing. (Ryan’s name is in a different font than the others, suggesting that it has been re-entered; it is difficult to tell from the copy of Sampson’s chart if his name is in boldface or not.)
bullet Carol C. Lam, Southern California (see November 8, 2002 and February 7-11, 2005): strikeout.
bullet Patrick Fitzgerald, Northern Illinois (see October 24, 2001): nothing.
bullet Margaret M. Chiara, Western Michigan (see November 2, 2001 and July 12-16, 2004): strikeout.
bullet Thomas B. Heffelfinger, Minnesota: strikeout.
bullet Dunn O. Lampton, Southern Mississippi: strikeout.
bullet Todd P. Graves, Missouri (see October 11, 2001 and March 2002): nothing.
bullet Daniel G. Bogden, Nevada (see November 2, 2001 and February 2003): nothing.
bullet Christopher J. Christie, New Jersey (see December 20, 2001): boldface.
bullet David C. Iglesias, New Mexico (see October 18, 2001 and 2002): boldface.
bullet Anna Mills S. Wagoner, Central North Carolina: strikeout.
bullet Mary Beth Buchanan, Western Pennsylvania: boldface.
bullet John McKay Jr., Western Washington (see October 24, 2001 and May 2002): strikeout.
bullet Steven M. Biskupic, Wisconsin: strikeout.
bullet Thomas A. Zonay, Vermont: boldface.
On March 2, Sampson sends an email to Miers indicating some revisions to the chart. Heffelfinger and Biskupic have their statuses changed to “strikeout” (referenced above), and Matt Orwig, the US Attorney for the Eastern District of Texas, is listed in boldface. Miers, a Texas native, responds, “Good to hear about Matt actually.” Sampson replies, somewhat cryptically and with careless punctuation and capitalization: “yes he’s good. oversight by me.” [US House of Representatives, Committee on the Judiciary, 6/15/2009 pdf file]

Entity Tags: Patrick J. Fitzgerald, Carol C. Lam, Matt Orwig, Steven M. Biskupic, Thomas A. Zonay, Thomas B. Heffelfinger, Todd P. Graves, Mary Beth Buchanan, Anna Mills S. Wagoner, Alberto R. Gonzales, Margaret M. Chiara, Paul K. Charlton, John L. McKay, D. Kyle Sampson, Kevin J. Ryan, Christopher J. (“Chris”) Christie, Daniel G. Bogden, Debra Wong Yang, David C. Iglesias, Harriet E. Miers, Dunn O. Lampton, House Judiciary Committee, H.E. (“Bud”) Cummins III

Timeline Tags: Civil Liberties

Victoria Toensing.Victoria Toensing. [Source: CNN via Media Matters]Lawyers for 36 media organizations file an amici curiae brief with the US Court of Appeals in Washington asking that it overturn a decision to compel reporters Matthew Cooper and Judith Miller to testify before a grand jury hearing evidence in the Valerie Plame Wilson identity leak investigation (see February 15, 2005). The brief argues in part that neither Miller nor Cooper should be jailed because “the circumstances necessary to prove” a violation of the Intelligence Identities Protection Act (IIPA) “seem not to be present here,” and therefore the trial court should be ordered to hold a hearing “to determine whether specific elements of the [IIPA]… have been met.” The request will be denied. One of the authors of the brief is Washington lawyer Victoria Toensing, who with her husband Joseph diGenova heads a law firm with deep ties to the Republican Party. (Toensing was a Justice Department official during the Reagan administration and helped write the IIPA.) Toensing will write numerous op-eds and make frequent television appearances denouncing the investigation (see November 3, 2005, February 18, 2007, February 18, 2007, and March 16, 2007), usually without revealing her ties to the case. [US Court of Appeals for the District of Columbia Court, 3/23/2005 pdf file; Media Matters, 3/6/2007]

Entity Tags: Matthew Cooper, Intelligence Identities Protection Act, Joseph diGenova, Republican Party, Judith Miller, Victoria Toensing, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

The FBI searches the home that once belonged to convicted Oklahoma City bombing conspirator Terry Nichols (see December 23, 1997 and May 26, 2004) and finds explosive materials related to the 1995 bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The bureau acts on a tip that it missed evidence in its search a decade earlier (see 3:15 p.m. and After, April 21-22, 1995). Blasting caps and other explosive materials were concealed in a crawl space of the Herington, Kansas, home, buried under about a foot of rock, dirt, and gravel, an area not searched in the 1995 investigation. FBI agent Gary Johnson says, “[T]he information so far indicates the items have been there since prior to the Oklahoma City bombing.” Nichols’s lawyer, Brian Hermanson, says the discovery is either a hoax or evidence of a major failure by the FBI: “They were there often. It’s surprising. I would think they would have done their job and found everything that was there. But I’m still suspicious that it could be something planted there. The house was empty for several years.” [Associated Press, 4/2/2005] Reportedly, Nichols has admitted conspiring to build the bomb that destroyed the Murrah Federal Building in Oklahoma City (see November 30, 2004).

Entity Tags: Federal Bureau of Investigation, Brian Hermanson, Terry Lynn Nichols, Gary Johnson

Timeline Tags: US Domestic Terrorism

Anti-abortion activist Eric Rudolph, who has pled guilty to bombing abortion clinics (see January 16, 1997 and January 29, 1998), a gay and lesbian nightclub (see February 21, 1997), and the 1996 Olympics (see July 27, 1996 and After and October 14, 1998) in a series of court proceedings, releases an 11-page “manifesto” that explains the rationale behind his bombing spree. In the document, which the Associated Press terms “[a] sometimes-rambling, sometimes-reflective” statement, Rudolph writes that he considers himself a “warrior” against abortion, which he calls murder, and the US government, which he charges with permitting the “slaughter” of “innocent babies.” Rudolph will receive four life sentences without parole in return for the prosecution removing the death penalty from consideration (see July 18, 2005). He has also alerted authorities to a large stash of explosives he created while hiding in the mountains of western North Carolina.
Abortion Providers, Lawmakers 'Legitimate Targets' in 'War' - The “holocaust” of abortion is his driving impulse, Rudolph writes in his statement. Anyone who supports or allows abortion, he writes, is an enemy deserving of death. “Because I believe that abortion is murder, I also believe that force is justified… in an attempt to stop it,” he writes, “whether these agents of the government are armed or otherwise they are legitimate targets in the war to end this holocaust.… Abortion is murder. And when the regime in Washington legalized, sanctioned, and legitimized this practice, they forfeited their legitimacy and moral authority to govern.”
Rationale for Bombing Olympics - Rudolph also writes that the Olympic bombing was envisioned as the first in a weeklong campaign of bombings designed to shut down the Olympics, held in Atlanta, and embarrass the US government as a result. He had hoped to use high-grade explosives to shut down the Atlanta power grid and force the termination of the Olympics, but was unable to procure the explosives, and calls the results of his bombing a “disaster.” He writes: “In the summer of 1996, the world converged upon Atlanta for the Olympic Games. Under the protection and auspices of the regime in Washington, millions of people came to celebrate the ideals of global socialism. Multinational corporations spent billions of dollars, and Washington organized an army of security to protect these best of all games. Even though the conception and purpose of the so-called Olympic movement is to promote the values of global socialism, as perfectly expressed in the song Imagine by John Lennon, which was the theme of the 1996 Games even though the purpose of the Olympics is to promote these despicable ideals, the purpose of the attack on July 27 was to confound, anger, and embarrass the Washington government in the eyes of the world for its abominable sanctioning of abortion on demand.”
Racist, Homophobic Views - In the document, Rudolph attacks homosexuality as an “aberrant” lifestyle, and blames the government for condoning it. He denies holding racist or anti-Semitic views [Associated Press, 4/13/2005; Associated Press, 4/14/2005; CNN, 4/19/2005] , though his ex-sister-in-law Deborah Rudolph told reporters that Rudolph believed abortion was part of a plot to undermine the white race; she said, “He felt like if woman continued to abort their white babies, that eventually the white race would become a minority instead of a majority.” Others have said that Rudolph told them he believed the Holocaust never occurred. [CNN, 6/15/2002]
'Worse to Him than Death' - After Rudolph’s guilty plea, Deborah Rudolph says of the prospects of his life in jail, “Knowing that he’s living under government control for the rest of his life, I think that’s worse to him than death.” [Associated Press, 4/13/2005] Rudolph, Prisoner No. 18282-058, will be incarcerated in a tiny cell in the Federal Correctional Complex in Florence, Colorado, colloquially known as the “Supermax” facility. Rudolph lives on “bomber’s row” along with Ted Kaczynski, the so-called “Unabomber” (see April 3, 1996), Islamist terrorist Ramzi Yousef (see February 7, 1995), “shoe bomber” Richard Reid (see December 22, 2001), and Oklahoma City bomber Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995). After his imprisonment, he releases a statement that reads in part, “The talking heads on the news [will] opine that I am ‘finished,’ that I will ‘languish broken and unloved in the bowels of some supermax,’ but I say to you people that by the grace of God I am still here—a little bloodied, but emphatically unbowed.” [Orlando Weekly, 8/24/2006]

Entity Tags: Terry Lynn Nichols, Deborah Rudolph, Richard C. Reid, Ramzi Yousef, Eric Robert Rudolph, Theodore J. (“Ted”) Kaczynski

Timeline Tags: US Health Care, Domestic Propaganda, US Domestic Terrorism

Abu Faraj al-Libbi.Abu Faraj al-Libbi. [Source: Pakistani Interior Ministry]Al-Qaeda leader Abu Faraj al-Libbi is arrested in Mardan, Pakistan, near the town of Peshawar. He is captured by Pakistani forces with US assistance. Pakistani President Pervez Musharraf will later claim that he doesn’t even tell the US about al-Libbi’s capture until a few days after it happened (and the first media account comes out three days later), so apparently Pakistan interrogates him on their own for a few days. Al-Libbi is that turned over to the US and detained in a secret CIA prison (see September 2-3, 2006). [New York Times, 5/5/2005; Musharraf, 2006, pp. 209]
Some Call Al-Libbi High-Ranking Leader - In 2004, the Daily Telegraph claimed al-Libbi was Khalid Shaikh Mohammed’s “right hand man” and helped him plan the 9/11 attacks. After Mohammed was arrested in early 2003 (see February 29 or March 1, 2003), Al-Libbi allegedly took his place and became the third in command of al-Qaeda and the group’s operational leader. Furthermore, the Telegraph claims he was once Osama bin Laden’s personal assistant, helped plan two assassination attempts against Pakistani President Pervez Musharraf (see December 14 and 25, 2003), and has been in contact with sleeper cells in the US and Britain. [Daily Telegraph, 9/19/2004] The same month, MSNBC made the same claims. They also called him al-Qaeda’s number three leader and operational commander. [MSNBC, 9/7/2004] President Bush hails al-Libbi’s capture as a “critical victory in the war on terror.” Bush also calls him a “top general” and “a major facilitator and chief planner for the al-Qaeda network.”
Al-Libbi Little Known to Media and Experts - But al-Libbi is little known at the time of his arrest and some experts and insiders question if he really is as important as the US claims. The London Times will report several days after his arrest, “[T]he backslapping in Washington and Islamabad has astonished European terrorism experts, who point out that the Libyan was neither on the FBI’s most wanted list, nor on that of the State Department ‘Rewards for Justice’ program.” One former close associate of Osama bin Laden now living in London laughs at al-Libbi’s supposed importance, saying, “What I remember of him is he used to make the coffee and do the photocopying.” Even a senior FBI official admits that his “influence and position have been overstated.” The Times comments, “Some believe [his] significance has been cynically hyped by two countries [the US and Pakistan] that want to distract attention from their lack of progress in capturing bin Laden, who has now been on the run for almost four years.” [London Times, 5/8/2005] However, later revelations, such as details on al-Libbi’s interrogation (see Shortly After May 2, 2005 and Late 2005), will provide more evidence that al-Libbi in fact was al-Qaeda’s operational leader. It is not known why the FBI did not have him on their most wanted list, if MSNBC and the Telegraph newspaper and other sources were already aware of his importance in 2004.

Entity Tags: George W. Bush, Khalid Shaikh Mohammed, Abu Faraj al-Libbi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Excerpt from a diagram of a tracheotomy.Excerpt from a diagram of a tracheotomy. [Source: Gale Encyclopedia of Medicine]Steven Bradbury, the head of the Justice Department’s Office of Legal Counsel (OLC), issues a classified memo to John Rizzo, the senior deputy counsel for the CIA, the second of two memos issued on the same day by Bradbury to Rizzo (see May 10, 2005). This memo, a supplement to the first, considers interrogation techniques used in combination. Bradbury concludes, “Subject to the conditions and limitations set out here and in [the previous memo], we conclude that the authorized combined use of these specific techniques by adequately trained interrogators would not violate” US statutory law. The memo will not be released to the public for almost four years (see April 16, 2009).
Emergency Tracheotomy Procedures at Ready - The memo finds that, even though an earlier OLC memo had declared waterboarding to be a safe procedure (see August 1, 2002), a medical practicioner with a tracheotomy kit must be present to ensure the detainee is not injured or killed during the procedure. Bradbury writes: “[A] detainee could suffer spasms of the larynx that would prevent him from breathing even when the application of water is stopped and the detainee is returned to an upright position. In the event of such spasms, a qualified physician would immediately intervene to address the problem, and, if necessary, the intervening physician would perform a tracheotomy… we are informed that the necessary emergency medical equipment is always present—although not visible to the detainee—during any application of the waterboard.” In a heavily redacted section, the memo states: “In our limited experience, extensive use of the waterboard can introduce new risks. Most seriously, for reasons of physical fatigue or psychological resignation, the subject may simply give up, allowing excessive filling of the airways and loss of consciousness. An unresponsive subject should be righted immediately and the interrogator should deliver a sub-xyphoid thrust to expel the water. If this fails to restore normal breathing, aggressive medical intervention is required. Any subject who has reached this degree of compromise is not [REDACTED].” [Office of Legal Counsel, 5/10/2005 pdf file]
'Last-Resort Procedure' - According to the Gale Encyclopedia of Medicine: “A tracheotomy is a surgical procedure in which a cut or opening is made in the windpipe (trachea). The surgeon inserts a tube into the opening to bypass an obstruction, allow air to get to the lungs, or remove secretions.… A tracheotomy is performed if enough air is not getting to the lungs, if the person cannot breathe without help, or is having problems with mucus and other secretions getting into the windpipe because of difficulty swallowing.… Doctors perform emergency tracheotomies as last-resort procedures. They are done only if the patient’s windpipe is obstructed and the situation is life-threatening.” [Gale Encyclopedia of Medicine, 2009]

Entity Tags: Office of Legal Counsel (DOJ), Steven Bradbury, US Department of Justice, Central Intelligence Agency, Gale Encyclopedia of Medicine, John Rizzo

Timeline Tags: Torture of US Captives, Civil Liberties

Defense Secretary Donald Rumsfeld gathers a group of senior subordinates and warns them to stay away from three senators—John McCain (R-AZ), John Warner (R-VA), and Lindsey Graham (R-SC)—who are drafting a bill to govern the handling of terrorism suspects (see December 30, 2005). A Pentagon official with direct knowledge of the meeting will later recall, “Rumsfeld made clear, emphatically, that the vice president had the lead on this issue.” Though Vice President Dick Cheney has, as he so often has done in the past, ensured that his bureaucratic fingerprints are not on the issue, he has already staked out a hardline position for the White House. This time, it came as a last-minute insert in a July 2005 “statement of administration policy” by the Office of Management and Budget (OMB), where Nancy Dorn, Cheney’s former chief of legislative affairs, is deputy director. Cheney’s staff adds, without the required staff clearance, a paragraph to the OMB’s guidance for the 2006 defense appropriations bill (see July 21, 2005). Among those surprised by the position is Deputy Defense Secretary Gordon England, who for a year has advocated that the US issue clear rules about detention and interrogation of terror suspects. England attempts to clarify the issue (see Late 2005). [Washington Post, 6/25/2007]

Entity Tags: John McCain, Bush administration (43), Donald Rumsfeld, Gordon England, Office of Management and Budget, Richard (“Dick”) Cheney, John W. Warner, Nancy Dorn, Lindsey Graham, US Department of Defense

Timeline Tags: Civil Liberties

Steven Bradbury.Steven Bradbury. [Source: Mark Wilson / Getty Images]Steven Bradbury is nominated by President Bush to head the Justice Department’s Office of Legal Counsel (OLC). He will continue in that position on an acting basis into 2008, even though Congressional Democrats refuse to confirm him for the job, and even though his continuation in the post violates the Vacancies Reform Act, which precludes non-confirmed appointees for holding their positions for over 210 days (see October 16, 2007). [Washington Times, 9/20/2007; New York Times, 10/4/2007; TPM Muckraker, 10/19/2007] Bradbury takes over from Jack Goldsmith, who resigned the position under fire (see June 17, 2004).
Arm of the White House - Bradbury has a long history of supporting the White House’s agenda of expansive executive power. He came to the Justice Department after clerking with Supreme Court Justice Clarence Thomas and mentoring under former Whitewater special counsel Kenneth Starr. [New York Times, 10/4/2007] A co-founder of the Federalist Society [International Herald Tribune, 10/15/2007] , he is as staunchly conservative as any Bush appointee, but unlike some of the more outspoken of his colleagues, he comes across as low-key, pragmatic, and non-confrontational. As a Justice Department lawyer, Bradbury proved himself in line with the neoconservative views of Vice President Dick Cheney and Cheney’s chief of staff, David Addington. Former State Department senior official Philip Zelikow recalls Bradbury as being “fundamentally sympathetic to what the White House and the CIA wanted to do.” Bradbury was brought in to the OLC in part to rein in that office, which under its previous head Jack Goldsmith became the hub of the internal opposition to Bush’s policies of “enhanced interrogation” and domestic surveillance (see Late 2003-2005). In 2005, Bradbury signs two secret Justice Department memos giving broad authorization and legal justification for the CIA’s torture of terrorist suspects (see February 2005 and Late 2005),. Bradbury works closely with then-White House counsel and current attorney general Alberto Gonzales to bring the Justice Department back into line with White House demands. Conservative legal scholar Douglas Kmiec, who headed the OLC under former presidents Reagan and George H. W. Bush, says he believes the intense pressures from the current administration’s campaign against terrorism has warped the OLC’s proper role. “The office was designed to insulate against any need to be an advocate,” Kmiec says. Now the OLC has “lost its ability to say no.… The approach changed dramatically with opinions on the war on terror. The office became an advocate for the president’s policies.”
Probation - Bradbury was first considered for the job after Gonzales, newly confirmed as attorney general, rejected the idea of promoting Daniel Levin, the acting head of the OLC after Goldsmith’s departure. Gonzales considered Levin unsuitable for the job because of his independence and support for Goldsmith’s dissents. Instead, Gonzales chose Bradbury for the job. But the White House was uncertain of Bradbury’s reliability, and so placed him on a sort of “internal trial,” monitored by Gonzales’s replacement at the White House, Harriet Miers. Miers judged Bradbury’s loyalty to the president and his willingness to work with Gonzales in justifying White House policy decisions. Bradbury reportedly understands that his “probation” is intended for him to show just how compliant and supportive he is of the White House, and he soon wins the confidence of the White House by completely aligning himself with Addington. [New York Times, 10/4/2007]
'Sordid criminal conspiracy' - Harper’s Magazine commentator and lawyer Scott Horton will write in November 2007 that it is obvious “Bradbury was picked for one reason: to provide continuing OLC cover for the torture conspirators.… The Justice Department’s strategy has been to cloak Bradbury’s torture memoranda in secrecy classifications and then to lie aggressively about their very existence.… This episode demonstrates once more the intimate interrelationship between the policies of torture, secrecy, and the right to lie to the public and the courts in the interests of shielding the Bush administration from public embarrassment. And once more the Justice Department is enlisted not in the enforcement of the law, but rather in a sordid criminal conspiracy.” [Harper's, 11/7/2007]

Entity Tags: Kenneth Starr, Richard (“Dick”) Cheney, National Security Agency, Philip Zelikow, US Department of Justice, Steven Bradbury, Scott Horton, Vacancies Reform Act, James B. Comey Jr., Jack Goldsmith, Office of Legal Counsel (DOJ), Harper’s Magazine, Clarence Thomas, Central Intelligence Agency, Bush administration (43), Daniel Levin, Alberto R. Gonzales, Harriet E. Miers, Geneva Conventions, Douglas Kmiec, David S. Addington, George Herbert Walker Bush

Timeline Tags: Civil Liberties

The Supreme Court refuses to intervene in two reporters’ attempts to refuse to testify in the Valerie Plame Wilson identity leak investigation (see February 15, 2005 and March 23, 2005). [Washington Post, 7/3/2007] One of the reporters, the New York Times’s Judith Miller, says she will go to jail rather than reveal her confidential sources. “Journalists simply cannot do their jobs without being able to commit to sources that they won’t be identified,” she says. “Such protection is critical to the free flow of information in a democracy.” Lawyers for the second reporter, Time magazine’s Matthew Cooper, say they will file a motion to reargue the case. [New York Times, 6/28/2005]

Entity Tags: Matthew Cooper, Judith Miller, US Supreme Court

Timeline Tags: Niger Uranium and Plame Outing

After the Supreme Court fails to intervene and grant reporters Matthew Cooper and Judith Miller immunity from testifying in the Valerie Plame Wilson identity leak investigation (see December 30, 2003 and June 27, 2005), Cooper’s publisher, Time magazine, agrees to turn over Cooper’s notes and e-mails regarding his knowlege of Plame Wilson, and his sources. Cooper opposes the decision. Norman Pearlstine, Time’s editor in chief, says: “I believe that there’s no argument for saying ‘no’ once the Supreme Court has ruled on a decision. I think we are a country of laws and not of individuals and that as journalists who regularly point a finger at people who think they’re above the law, I’m not comfortable being one of them myself.… I think it’s a terrible case. I wish the court had taken our appeal, but given that they did not, we’re not above the law and the law was clear that I think we had no choice but to turn over the information.” Miller and the New York Times continue to refuse to comply (see July 6, 2005). [CNN, 6/30/2005; Washington Post, 7/3/2007]

Entity Tags: New York Times, Judith Miller, Matthew Cooper, Time magazine, US Supreme Court, Norman Pearlstine

Timeline Tags: Niger Uranium and Plame Outing

According to lawyer Robert Luskin, White House political strategist Karl Rove did speak to Time magazine reporter Matthew Cooper (see 11:00 a.m. July 11, 2003) in the days before CIA official Valerie Plame Wilson’s identity was exposed in the press (see July 14, 2003). Luskin is Rove’s attorney. He says he will “not characteriz[e] the subject matter of that conversation” between Cooper and his client. He adds: “Karl did nothing wrong. Karl didn’t disclose Valerie Plame [Wilson]‘s identity to Mr. Cooper or anybody else.… Who outed this woman?… It wasn’t Karl.” Rove “certainly did not disclose to Matt Cooper or anybody else any confidential information,” he says. Luskin notes that special counsel Patrick Fitzgerald has assured him that he and his investigators “have no reason to doubt the honesty of anything [Rove has] said.” [CNN, 7/4/2005] In the days ahead, Cooper will testify that Rove leaked Plame Wilson’s identity as a CIA official to him (see July 6, 2005, July 10, 2005, and July 13, 2005).

Entity Tags: Valerie Plame Wilson, Karl C. Rove, Patrick J. Fitzgerald, Matthew Cooper, Robert Luskin

Timeline Tags: Niger Uranium and Plame Outing

Time reporter Matthew Cooper agrees to testify before the grand jury in the Valerie Plame Wilson identity leak investigation (see December 30, 2003 and July 13, 2005) after the source he has been protecting, White House political adviser Karl Rove, gives him a waiver dissolving their confidentiality agreement. Sources say that Cooper will identify Rove as a person who revealed Plame Wilson’s CIA identity to him. Cooper says he is prepared to remain “in civil contempt,” and ready to go to jail for defying the grand jury subpoenas, “because even though Time magazine had, over my objections, turned over my notes and e-mails to the special counsel under a court order, and even though the prosecutor has all that information now, I wanted—I was prepared to go and remain in civil contempt because I had given a word to my source for two years, which I have kept my word to that source today, for two years. This morning, in what can only be described as a stunning set of developments, that source agreed to give me a specific personal and unambiguous waiver to speak before the grand jury.” [New York Times, 7/7/2005] Cooper has not asked Rove for a waiver before, in part because his lawyer advised against it. Additionally, Time editors were worried about becoming part of such an explosive story in an election year. And Rove’s attorney, Robert Luskin, believed that contacting Cooper would have amounted to interfering with the ongoing court battle between reporter and prosecutor. [Los Angeles Times, 8/25/2005] Cooper adds, “It’s with a bit of surprise and no small amount of relief that I will comply with this subpoena.” Cooper refuses to publicly divulge the source he has been protecting, but a person briefed on the case confirms Cooper’s source as being Rove. [New York Times, 7/7/2005] Cooper did not speak to Rove directly on the issue. The waiver of confidentiality is the product of what the New York Times describes as “a frenzied series of phone calls” between Cooper’s lawyer Richard Sauber, Rove’s lawyer Luskin, and special prosecutor Patrick Fitzgerald. Cooper views his case as substantially different from that of his New York Times colleague, Judith Miller (see July 6, 2005). Miller has consistently refused to testify, but Cooper has already testified once, describing conversations he had with White House aide Lewis “Scooter” Libby (see August 24, 2004). And while the New York Times has consistently supported Miller, Time magazine has been more equivocal, turning over documents to Fitzgerald that identified Rove as Cooper’s source. Cooper’s friend Steven Waldman, a former US News and World Report editor who has talked with Cooper in recent days, says, “The question that was on his mind, and this is my words, is: do you go to jail to protect the confidentiality of a source whose name has been revealed, and not by you but by someone else?” Still, Cooper resisted until he saw an article in the Wall Street Journal that quoted Luskin as saying, “If Matt Cooper is going to jail to protect a source, it’s not Karl he’s protecting.” That statement prompted a round of telephone discussions between Luskin, Sauber, and Fitzgerald, culminating in Cooper’s decision to testify. “A short time ago,” Cooper tells the court, “in somewhat dramatic fashion, I received an express personal release from my source.” [New York Times, 7/10/2005]

Entity Tags: Richard Sauber, Lewis (“Scooter”) Libby, Karl C. Rove, Judith Miller, Matthew Cooper, Patrick J. Fitzgerald, Valerie Plame Wilson, Robert Luskin, Steven Waldman, New York Times, Time magazine

Timeline Tags: Niger Uranium and Plame Outing

Convicted Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, June 4, 1998, and May 26, 2004) has said that he believes his co-conspirator, Timothy McVeigh (see 7:14 a.m. June 11, 2001), was involved with a white supremacist compound in eastern Oklahoma, Elohim City (see (April 1) - April 18, 1995). Nichols’s statements to the FBI, a US congressman, and his family are now being reported by The Oklahoman. Representative Dana Rohrbacher (R-CA), who met with Nichols on June 27, 2005 at the federal prison in Florence, Colorado, says: “He said he was driving past it one time and Tim McVeigh knew everything about Elohim City, just told him all about it. And he said on a number of occasions… Tim McVeigh mentioned his friend, Andy the German, who lives at Elohim City.… So there was a strong indication that Tim McVeigh had much more than just a minor association with some of the people at Elohim City.” “Andy the German” is Andreas Strassmeir, a former German soldier who helped coordinate security at Elohim City (see 1973 and After). Strassmeir has admitted meeting McVeigh at a 1993 Tulsa gun show (see April 1993), but has said he never saw or spoke with him again. Strassmeir has denied any role in the bombing (see November 1994), as has Elohim City leader Robert Millar (see May 24, 1995). The FBI investigated Elohim City after discovering McVeigh called there two weeks before the bombing (see April 5, 1995), and ruled out the residents as suspects (see February 1995). The bureau never found conclusive proof that McVeigh ever visited there, though other sources found that McVeigh and Nichols had visited there in late 1993 (see October 12, 1993 - January 1994) and learned that McVeigh took part in paramilitary exercises there in late 1994 (see September 12, 1994 and After). For years, many have speculated that Strassmeir and other Elohim City residents may have played a part in the bombing; Rohrbacher says he is considering holding Congressional hearings on the possibility, and says he asked Nichols specifically about those theories. Former federal informant Carole Howe has claimed she saw McVeigh and Strassmeir together at Elohim City in July 1994, and has said Strassmeir talked about blowing up federal buildings in Oklahoma (see August 1994 - March 1995 and November 1994). Federal prosecutors did not believe Howe’s claims. [The Oklahoman, 7/10/2005] A precursor of the McVeigh-Nichols bomb plot was hatched in 1983 by Elohim City residents (see 1983). Some believe that Strassmeir may have been McVeigh’s alleged co-conspirator identified only as “John Doe No. 2” (see June 14, 1995), even though federal authorities have said that person was not involved with Nichols or McVeigh (see January 29, 1997). McVeigh told his friend Michael Fortier that he planned the Oklahoma City bombing with input from people at Elohim City (see December 1994). Less than two weeks before the bombing, McVeigh went to a strip club with people from Elohim City, including Strassmeir (see April 8, 1995).

Entity Tags: Michael Joseph Fortier, Andreas Strassmeir, Carole Howe, Elohim City, Robert Millar, Terry Lynn Nichols, Timothy James McVeigh, Dana Rohrbacher

Timeline Tags: US Domestic Terrorism

Washington Post reporter Bob Woodward is harshly critical of special prosecutor Patrick Fitzgerald’s investigation of the outing of CIA agent Valerie Plame Wilson (see December 30, 2003). The investigation, he says, is “just running like a chain saw right through the lifeline that reporters have to sources who will tell you the truth, what’s really going on.” It is “undermining the core function in journalism.… We better wake up to what’s going on in the seriousness on the assault on the First Amendment that’s taking place right before our eyes.” Woodward does not mention that he is one of the reporters who was contacted by a Bush administration official about Plame Wilson being a CIA agent (see June 13, 2003); he has also withheld his knowledge of the case from special prosecutor Patrick Fitzgerald and his own editors (see November 16-17, 2005). [Media Matters, 11/16/2005]

Entity Tags: Bob Woodward

Timeline Tags: Niger Uranium and Plame Outing

The press learns that conservative columnist Robert Novak, who outed CIA official Valerie Plame Wilson almost two years ago (see July 14, 2003), has been cooperating with the Plame Wilson leak investigation headed by special counsel Patrick Fitzgerald. The news of Novak’s cooperation comes from attorneys familiar with his testimony. Novak’s lawyer, James Hamilton, refuses to comment. Novak, according to the sources, said that his Bush administration sources (see July 7, 2003, July 8, 2003, and July 8 or 9, 2003) did not identify Plame Wilson as a covert CIA official (see Fall 1992 - 1996). His use of the word “operative” to describe Plame Wilson in his column was his own formulation, he has said, and not the words of his sources. The lawyer for White House political strategist Karl Rove, Robert Luskin, has told reporters that Rove never told Novak or other reporters that Plame Wilson was a covert operative. Reporter Murray Waas writes: “Federal investigators have been skeptical of Novak’s assertions that he referred to Plame as a CIA ‘operative’ due to his own error, instead of having been explicitly told that was the case by his sources, according to attorneys familiar with the criminal probe. That skepticism has been one of several reasons that the special prosecutor has pressed so hard for the testimony of Time magazine’s [Matthew] Cooper (see July 13, 2005) and New York Times reporter Judith Miller” (see September 30, 2005). Investigators are also interested in telephone conversations between Novak and Rove, and other White House officials, in the days after the press reported the FBI was opening an investigation into the Plame Wilson leak (see September 29, 2003 and October and November 2003). And, in other testimony, a US government official told investigators that Novak asked him specifically if Plame Wilson had some covert status with the CIA. It is unclear who that official is or when he talked to investigators. [Murray Waas, 7/12/2005]

Entity Tags: Patrick J. Fitzgerald, James Hamilton, Bush administration (43), Judith Miller, Matthew Cooper, Karl C. Rove, Robert Novak, Robert Luskin, Murray Waas, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Time reporter Matthew Cooper testifies before the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003 and July 1, 2005). [Washington Post, 7/3/2007] “I testified openly and honestly,” Cooper says after the session. “I have no idea whether a crime was committed or not. That is something the special counsel is going to have to determine.” [New York Times, 7/14/2005] Four days later, Cooper will write of his testimony for Time, though special prosecutor Patrick Fitzgerald told him he would rather Cooper remained silent. Cooper is under no legal obligation not to divulge his grand jury testimony. He will say that while grand juries are famously passive, ready to “indict a ham sandwich if a prosecutor asks it of them,” this one is unusually active. About a third of the questions he answers are from jurors, not prosecutors. Cooper testifies that in the week after Joseph Wilson’s now-famous op-ed disclosing the fraudulence of the Iraq-Niger uranium claims (see July 6, 2003), the administration had done something it rarely does: admit a mistake. It was admitting that it had erred in using that claim to advance its arguments for war with Iraq (see July 8, 2003). That was big news, and Cooper, having been at Time less than a month, was aggressively covering it. He was curious about the White House’s apparent efforts to smear Wilson, and called White House political adviser Karl Rove on July 11 to discuss the apparent smear campaign (see 11:00 a.m. July 11, 2003). The jury is interested, and apparently amused, at Cooper’s choice of words regarding the status of his conversation with Rove: “double super secret background.” Cooper concludes, “So did Rove leak Plame’s name to me, or tell me she was covert? No. Was it through my conversation with Rove that I learned for the first time that Wilson’s wife worked at the CIA and may have been responsible for sending him? Yes. Did Rove say that she worked at the ‘agency’ on ‘WMD’? Yes. When he said things would be declassified soon, was that itself impermissible? I don’t know. Is any of this a crime? Beats me. At this point, I’m as curious as anyone else to see what Patrick Fitzgerald has.” [Time, 7/17/2005]

Entity Tags: Valerie Plame Wilson, Joseph C. Wilson, Bush administration (43), Karl C. Rove, Matthew Cooper, Time magazine, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

A source from within the Valerie Plame Wilson identity leak investigation confirms that White House political adviser Karl Rove had spoken with conservative columnist Robert Novak before Novak published his column identifying Plame Wilson as a CIA officer (see July 8, 2003 and July 14, 2003). Rove discussed Plame Wilson with Novak. However, according to the source, Rove first heard about Plame Wilson from Novak, as well as learning from Novak that she had played a role in recommending her husband, Joseph Wilson, for a trip to Niger to investigate claims that Iraq had attempted to purchase uranium from that country (see February 21, 2002-March 4, 2002 and July 6, 2003). According to the source, Novak, not Rove, initiated the conversation about Plame Wilson. It is not clear who revealed Plame Wilson’s identity to Novak, or whether Novak has identified that source to the grand jury. [New York Times, 7/15/2005; New York Times, 7/16/2005] In its reporting, the New York Times publicly reveals the July 8, 2003 conversation between Rove and Novak (see July 8, 2003). [New York Times, 7/15/2005] Novak has disputed Rove’s version of events, saying that Rove confirmed Plame Wilson’s identity to him and not the other way around (see October 7, 2003, February 5, 2004, and September 14, 2004).

Entity Tags: Robert Novak, Joseph C. Wilson, Karl C. Rove, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Prosecutors in the Valerie Plame Wilson identity leak case (see December 30, 2003) become intensely interested in a 2003 State Department memo (see June 10, 2003) detailing how former ambassador Joseph Wilson—Plame Wilson’s husband—was chosen to journey to Niger to investigate claims that Iraq had attempted to purchase uranium from that country (see February 21, 2002-March 4, 2002). The memo also sheds light on the role Wilson’s wife played in his selection. Prosecutors are trying to learn whether White House officials learned of Plame Wilson’s identity from the memo, if any officials then leaked her name to the press, and if those officials were truthful in their testimony about the memo. It is possible that the memo could show that the State Department told the White House of Plame Wilson’s identity as an undercover CIA agent before July 6, 2003, when Wilson publicly lambasted the Bush administration’s justification for war with Iraq in a New York Times op-ed (see July 6, 2003). It is as yet unclear who actually saw the memo, or whether it was the original source of information for whoever gave Plame Wilson’s name to conservative columnist Robert Novak (see July 8, 2003). Former White House spokesman Ari Fleischer is also a person of interest in the investigation. Prosecutors want to know how much detailed information he had about the State Department memo. [New York Times, 7/16/2005]

Entity Tags: Valerie Plame Wilson, Ari Fleischer, US Department of State, Bush administration (43), Robert Novak, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

Washington Post reporter Bob Woodward criticizes the investigation into the identity leak of CIA officer Valerie Plame Wilson. Woodward does not mention that he is one of the reporters who was contacted by a Bush administration official about Plame Wilson being a CIA agent (see June 13, 2003); he has also withheld his knowledge of the case from special prosecutor Patrick Fitzgerald and his own editors (see November 16-17, 2005). Woodward tells a CNN audience: “I’m not sure there’s any crime in all of this. The special prosecutor has been working 18 months. Eighteen months into Watergate we knew about the tapes. People were in jail. People had pled guilty. In other words, there was a solid evidentiary trail. I don’t see it here.… Well, it may just be politics as usual. I mean, [White House senior adviser Karl] Rove’s defenders say, look, the evidence is, and the evidence is, that he was saying Joe Wilson [Plame Wilson’s husband], who was criticizing the administration on weapons of mass destruction really had an ax to grind and got his job because his wife had worked at the CIA and recommended him, so there’s fuzziness to this.” [Media Matters, 11/16/2005]

Entity Tags: Bush administration (43), Bob Woodward, Valerie Plame Wilson, Patrick J. Fitzgerald, Karl C. Rove, Joseph C. Wilson

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

During a press conference, President Bush is asked if he still intends to fire anyone involved in the Plame Wilson leak, and if he is “displeased that Karl Rove told a reporter that Ambassador Joseph Wilson’s wife worked for the [CIA] on WMD issues.” Bush, described as looking “mildly annoyed,” responds, “We have a serious ongoing investigation here,” and adds: “[I]t’s being played out in the press. And I think it’s best that people wait until the investigation is complete before you jump to conclusions. And I will do so, as well. I don’t know all the facts. I would like to know all the facts. The best place for the facts to be done is by somebody who’s spending time investigating it. I would like this to end as quickly as possible so we know all the facts, and if someone committed a crime, they will no longer work in my administration.” The last line regarding a “crime” was carefully selected before the conference by White House communications director Dan Bartlett, who, press secretary Scott McClellan will later write, wanted to “redefine the terms of firing someone who might have been involved in the leak, specifically Karl.” The New York Times observes, “The remarks appeared to shift the standard for dismissal that has been expressed repeatedly over many months by Mr. Bush’s spokesmen—from promises to fire anyone who played a role in the disclosure, to Mr. Bush’s statement today that criminal conduct would have to be involved.” McClellan dutifully echoes the new phrase in his own press conference, “barely objecting that it did not square with what the president had previously committed to do” (see September 29, 2003 and June 10, 2004). “I think that the president was stating what is obvious when it comes to people who work in the administration: that if someone commits a crime, they’re not going to be working any longer in this administration,” McClellan tells reporters. “I think that you should not read anything into it more than what the president said at this point.” McClellan will later describe himself as “psychologically battered” by this point (see July 11, 2005). [New York Times, 7/18/2005; White House, 7/18/2005; New York Times, 7/19/2005; McClellan, 2008, pp. 262-263]
Accusations of Shifting Standards, 'Lowering the Ethics Bar' - Senator Charles Schumer (D-NY) says he is disappointed in what he believes to be Bush’s shifting stance. “The standard for holding a high position in the White House should not simply be that you didn’t break the law,” he says. Representative Henry Waxman (D-CA) writes a letter to Bush charging that he has “significantly changed” his position, and that a president has “an affirmative obligation” to take quick action to protect national security secrets without waiting for a prosecution to run its course. [New York Times, 7/18/2005] Other Democrats charge that Bush has “lowered the ethics bar” for his administration. Representative John Conyers (D-MI) says: “It appears that an administration that came to office promising ‘honesty and integrity’ and to avoid ‘legalisms’ is now defining ethical standards downward. In this White House, apparently no aide will be fired or forced to resign unless and until the jail cell door is locked behind him.” [Associated Press, 7/18/2005]
Rove Held to Different Standard of Accountability, Say Experts - Some experts say that by insisting on waiting for a final legal verdict, Bush is setting a different standard of accountability for Rove than for other government employees. Elaine Kaplan, who headed the Office of Special Counsel from 1998 through 2003, says: “Government employees and officials who are negligent with classified information can lose their jobs for carelessness. They don’t have to be convicted of intentionally disseminating the information. Crime has never been the threshold. That’s not the standard that applies to rank-and-file federal employees. They can be fired for misconduct well short of a crime.” Beth Slavet, the former chair of the Merit Systems Protection Board, adds: “The government can fire a Civil Service employee if it can show, by a preponderance of the evidence, that it would ‘promote the efficiency of the service’ to do so. The person does not have to be guilty of a crime. You can be dismissed because you didn’t submit paperwork on time, you didn’t follow instructions, you repeatedly showed up late for work, or you yelled at supervisors and fellow workers.” [New York Times, 7/19/2005]

Entity Tags: Beth Slavet, Charles Schumer, Dan Bartlett, Henry A. Waxman, Elaine Kaplan, Scott McClellan, George W. Bush, John Conyers, Karl C. Rove

Timeline Tags: Niger Uranium and Plame Outing

Bloomberg News reports that Lewis Libby, Vice President Dick Cheney’s chief of staff, testified that he first learned of CIA official Valerie Plame Wilson’s identity from NBC bureau chief Tim Russert. Libby will make this claim a staple of his defense in his upcoming perjury trial (see January 16-23, 2007). He is referring to a conversation he had with Russert in July 2003 (see July 10 or 11, 2003). He testified to the claim when he was interviewed by special counsel Patrick Fitzgerald as part of the Plame Wilson identity leak investigation (see October 14, 2003 and November 26, 2003). Russert has told FBI investigators that he did not tell Libby of Plame Wilson’s identity (see November 24, 2003 and August 7, 2004). Similarly, White House political strategist Karl Rove has testified that he learned of Plame Wilson’s identity from columnist Robert Novak (see September 29, 2003, October 8, 2003, and October 15, 2004). Novak has told investigators that he learned of Plame Wilson’s identity from Rove, CIA spokesman Bill Harlow, and Deputy Secretary of State Richard Armitage (see October 7, 2003, February 5, 2004, and September 14, 2004). Fitzgerald has determined that both Libby and Rove may have deliberately lied to the FBI and to his investigations in making their claims (see October and November 2003). According to Rove’s attorney Robert Luskin, Rove told Fitzgerald’s grand jury that “he had not heard her name before he heard it from Bob Novak.” Senator Charles Schumer (D-NY) says that the White House should suspend Libby and Rove’s security clearances (see July 13, 2005), and that President Bush should fire anyone involved in the leak, presumably meaning Libby and Rove. [Bloomberg, 7/22/2005; Washington Post, 7/23/2005]

Entity Tags: Richard Armitage, Karl C. Rove, Charles Schumer, Bill Harlow, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, Robert Luskin, Robert Novak, Valerie Plame Wilson, Tim Russert, Patrick J. Fitzgerald

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Senator John McCain (R-AZ) introduces an amendment to the annual legislation to fund the Defense Department. McCain’s amendment, co-sponsored by Senate Armed Services Committee chairman John Warner (R-VA) and Senator Lindsey Graham (R-SC), a former military lawyer, states that military interrogators cannot exceed the limits on detainee treatment set forth in the US Army Field Manual. In essence, the amendment would prohibit the use of harsh interrogation techniques that many, including McCain, feel constitute torture. The Field Manual limits were specifically written to comply with the Geneva Conventions. The amendment also prohibits US officials, including CIA agents, from inflicting not just torture but any form of “cruel, inhuman, and degrading treatment” on anyone in their custody, no matter where in the world the prisoner is being kept. The amendment, later known as the McCain Amendment or the McCain Torture Ban, becomes the subject of fierce, largely private negotiations between McCain and the White House. Vice President Cheney quickly lobbies friendly Republicans in Congress to oppose the amendment, and has private meetings with Warner and McCain. At Cheney’s behest, Senate Majority Leader Bill Frist (R-TN) withdraws the entire bill from consideration rather than allow it to pass with the McCain amendment attached. [Savage, 2007, pp. 220-221]

Entity Tags: Geneva Conventions, Bill Frist, Central Intelligence Agency, Detainee Treatment Act, Richard (“Dick”) Cheney, John McCain, US Department of Defense, Lindsey Graham, John W. Warner

Timeline Tags: Civil Liberties

Arianna Huffington.Arianna Huffington. [Source: Boston Globe]Liberal blogger Arianna Huffington slams the perception that New York Times reporter Judith Miller is, in Huffington’s words, “a heroic martyr, sacrificing her freedom in the name of journalistic integrity” by going to jail to protect her White House sources in the Plame Wilson leak investigation (see July 6, 2005). Huffington speculates that Miller is herself the source she is trying to protect. It was Miller, Huffington theorizes, who found out from “her friends in the intelligence community” that Plame Wilson was a covert CIA agent, and subsequently told White House official Lewis Libby of Plame Wilson’s CIA status. Miller’s motivation was to protect her own rapidly deteriorating reputation as a purveyor of manipulated and deceptive information to promote the Iraq invasion (see July 6, 2003 and July 25, 2003). “Maybe Miller tells [White House official Karl] Rove too—or Libby does. The White House hatchet men turn around and tell [reporters Robert] Novak and [Matthew] Cooper. The story gets out. This is why Miller doesn’t want to reveal her ‘source’ at the White House—because she was the source.… This also explains why Miller never wrote a story about Plame, because her goal wasn’t to write a story, but to get out the story that cast doubts on Wilson’s motives. Which Novak did” (see July 14, 2003). [Huffington Post, 7/27/2005] When Miller learns of Huffington’s article, via her lawyer Saul Pilchen, she is horrified. Pilchen, himself taken aback by Huffington’s vociferous and unsourced assertions (which Huffington called “a scenario” and not established fact), will later tell reporter Marie Brennan: “It was my first experience with the blog culture. It was astounding to me how little constraint the bloggers had. They were passing off speculation as fact, and it read to me like pure character assassination.” Miller considers the Huffington piece certainly mistaken, and possibly libelous. But, as Brennan will later observe, the discussion and debate generated by Huffington and many others in the “blogosphere” make it difficult for fellow journalists to defend Miller. Reporter Lowell Bergman, a Miller defender, will later tell Brennan that it quickly became clear that Huffington’s idea of Miller being part of a White House conspiracy “was a fantasy fed by the deep animosity of people toward Judy.… It was a surrogate for what they all wanted to do to the Bush administration.” [Huffington Post, 7/27/2005; Vanity Fair, 4/2006]

Entity Tags: Marie Brennan, Bush administration (43), Arianna Huffington, Judith Miller, Lowell Bergman, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Saul Pilchen

Timeline Tags: Niger Uranium and Plame Outing

Susan Ralston and Israel Hernandez, two aides to White House political strategist Karl Rove, testify before the grand jury investigating the Plame Wilson identity leak. Ralston still works for Rove, while Hernandez has moved to the Commerce Department. Both are asked about the testimony given by reporter Matthew Cooper (see July 13, 2005), who told the grand jury of the conversation he had with Rove concerning Valerie Plame Wilson’s CIA identity (see 11:00 a.m. July 11, 2003). Both aides are asked why Cooper’s call was not entered in Rove’s office telephone logs; Ralston says that the call was not logged because Cooper did not call Rove directly, but was transferred from the White House switchboard. [New York Times, 8/3/2005; Washington Post, 10/7/2005]

Entity Tags: Karl C. Rove, Israel Hernandez, Matthew Cooper, Susan Ralston

Timeline Tags: Niger Uranium and Plame Outing

Members of the special counsel’s investigation into the Plame Wilson identity leak learn that former White House official Lewis Libby and/or his attorney, Joseph Tate, may have tried to influence or discourage New York Times reporter Judith Miller’s testimony. Miller received information from Libby about Plame Wilson’s covert CIA status (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Special counsel Patrick Fitzgerald and his staff learn from press accounts of possible witness tampering by either Libby, Tate, or both. It is known that Tate has discouraged Libby from giving Miller a waiver of confidentiality that would free her from her responsibility of protecting Libby as a source. Miller is currently in jail for refusing to testify in the investigation (see July 6, 2005). Upon learning about the potential tampering, Fitzgerald strongly urges attorneys for Miller and Libby to negotiate an agreement that would allow Miller to testify. (Libby will give Miller a waiver releasing her from their confidentiality agreement—see September 15, 2005). According to investigative reporter Murray Waas, because Fitzgerald is loathe to lose Miller’s testimony, and is unsure of what she might testify to, he will not aggressively pursue the possibility that Libby and/or Tate might have attempted to influence or discourage Miller’s testimony (see August 12, 2004 and After). However, the possibility of witness tampering does give further impetus to Fitzgerald’s inclination to bring criminal charges against Libby. Waas will write, “Potentially misleading and incomplete answers by Libby to federal investigators are less likely to be explained away as the result of his faulty memory or inadvertent mistakes,” according to his sources. A Justice Department official will tell Waas: “Both intent and frame of mind are often essential to bringing the type of charges Fitzgerald is apparently considering. And not wanting a key witness to testify goes straight to showing that there were indeed bad intentions.” [National Journal, 10/18/2005]

Entity Tags: Judith Miller, Joseph Tate, Murray Waas, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

James Carville and Robert Novak, moments before Novak leaves the CNN set.James Carville and Robert Novak, moments before Novak leaves the CNN set. [Source: CNN / Comedy Central]Conservative columnist Robert Novak storms off the set of CNN’s Strategy Session, apparently unwilling to discuss his outing of CIA case officer Valerie Plame Wilson (see July 14, 2003). Novak, discussing an unrelated matter with Democratic strategist James Carville, says, “Just let me finish what I’m going to say, James, please. I know you hate to hear me.” Carville says to host Ed Henry: “He’s gotta show these right-wingers that he’s got backbone, you know. The Wall Street Journal editorial page is watching you. Show ‘em you’re tough.” Novak stands up, saying, “Well, I think that’s bullsh_t, and I hate that.” He says to Henry, “Just let it go.” Novak then walks off the set. Later in the broadcast, Henry apologizes to viewers, saying: “I had told him in advance that we were going to ask him about the CIA leak case. He was not here for me to be able to ask him about that. Hopefully, we’ll be able to ask him about that in the future.” [Media Matters, 8/4/2005]

Entity Tags: CNN, Robert Novak, James Carville, Ed Henry

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Camp Casey.Camp Casey. [Source: Indybay (.org)]Antiwar activist Cindy Sheehan, of Vacaville, California, sets up “Camp Casey” three miles outside of President Bush’s Crawford, Texas ranch. Bush has come to his ranch for his yearly August vacation; Sheehan has come to demand a meeting with Bush to discuss the loss of her son, Casey, in Iraq. Sheehan chooses the date to coincide with the fourth anniversary of the briefing that warned Bush of Osama bin Laden’s intention to attack the US (see August 6, 2001). Camp Casey begins as a single pup tent in a ditch by the side of a dirt road, in which Sheehan intends to stay for whatever time it takes to secure a meeting with Bush. Author and media critic Frank Rich later writes that because Bush is so firmly ensconsced in the protective “bubble” that shields him from awareness of criticism, he and his top officials are blindsided by the media response to Sheehan’s lonely vigil. Casey Sheehan, who died in April 2004 a mere two weeks after his arrival in Iraq (see April 4, 2004), will become, Rich will write, emblematic of both “the noble intentions of those who volunteered to fight the war [and] also the arrogance, incompetence, and recklessness of those who gave the marching orders.”
Bush Refuses to Meet with Sheehan - Bush will refuse to meet with Sheehan and the increasing number of peace activists who gather at Camp Casey, causing him inordinate embarrassment (see August 12, 2005) as more and more reporters begin questioning his motives in refusing to meet with the bereaved mother of a fallen US soldier. Bush even ignores the advice of some of his public relations staffers and fellow Republicans, who ask him to reconsider, as Senator George Allen (R-VA) says, “as a matter of courtesy and decency.” Rich will write: “Only someone as adrift as Bush would need to be told that a vacationing president couldn’t win a standoff with a grief-stricken parent commandeering TV cameras and the blogosphere 24/7. But the White House held firm. In a particularly unfortunate gesture, the presidential motorcade, in a rare foray out of the vacation compound, left Sheehan in the dust on its way to a fundraiser at a fat cat’s ranch nearby” (see August 12, 2005). [Rich, 2006, pp. 193-196] Political analyst Charlie Cook says: “Anything that focuses media and public attention on Iraq war casualties day after day—particularly [something] that is a good visual for television, like a weeping Gold Star mother—is a really bad thing for President Bush and his administration.… Americans get a little numb by the numbers of war casualties, but when faces, names, and families are added, it has a much greater effect.” Republican strategist Kellyanne Conway agrees, saying: “Cindy Sheehan has tapped into a latent but fervent feeling among some in this country who would prefer that we not engage our troops in Iraq. She can tap into what has been an astonishingly silent minority since the end of last year’s presidential contest. It will capture attention.” University professor Stephen Hess says that Sheehan’s “movement… can be countered by a countermovement” and therefore negated, but “I think the president might have defused the situation if he had invited her in instantly.” Hess predicts that Sheehan will soon be targeted by Republican strategists in a counterattack (see August 11, 2005 and After).
Focus of Antiwar Movement - Camp Casey quickly becomes the focus of the American antiwar movement, with organizations such as MoveOn.org and Code Pink pitching in to help expand and coordinate the camp, and high-profile Democratic operatives such as Joe Trippi organizing support among left-wing bloggers. MoveOn’s Tom Mattzie says: “Cindy reached out to us.… Cindy is a morally pure voice on the war, so we’re trying to keep the focus on her and not jump in and turn it into a political fight.” [Los Angeles Times, 8/11/2005]

Entity Tags: George W. Bush, Cindy Sheehan, Charlie Cook, Casey Sheehan, Bush administration (43), “Camp Casey”, Code Pink, George F. Allen, MoveOn (.org), Stephen Hess, Frank Rich, Kellyanne Conway, Joe Trippi, Tom Mattzie

Timeline Tags: Iraq under US Occupation

Lawyers refile a civil suit against Secretary of Defense Donald Rumsfeld on behalf of “enemy combatant” Ali Saleh Kahlah al-Marri, who has been in US custody since late 2001 (see December 12, 2001) and was designated as an enemy combatant a year and a half later (see June 23, 2003). Al-Marri is asking the federal district court in South Carolina to declare unconstitutional what he, through his lawyers, calls the severe and unnecessary deprivations and restrictions to which he has been subjected since he was placed in military custody. Al-Marri had already filed a suit challenging the legality of his detention on habeas corpus grounds, a lawsuit that was ultimately dismissed (see October 4, 2004). Human Rights Watch director Jamie Fellner says: “It is bad enough that al-Marri has been held indefinitely without charges and incommunicado. Now we learn that his life in the brig has also been one of cruelty and petty vindictiveness.” [Human Rights Watch, 8/8/2005]
Allegations of Cruel Treatment - Al-Marri is currently the only known person designated as an enemy combatant still in legal limbo. He has been in solitary confinement since his December 2001 arrest, and in Guantanamo since mid-2003. Al-Marri was sent to the Charleston, South Carolina Naval brig once he was designated as an enemy combatant, isolated in a lightless cell hardly larger than a closet, and since then, his lawyers say, he has been subjected to deprivations of the most basic kinds, including shoes, socks, blankets, toilet paper, toothpaste, and sunlight. Sometimes he is denied water. During the day his mattress is removed. His captors often turn the temperature down in his cell to near-freezing conditions, but do not give him extra clothes or blankets. He is provided three short “recreation” sessions a week—in handcuffs and leg irons—but those are often denied him. He is allowed three showers a week, again in handcuffs and leg irons. He has been denied access to medical care. A devout Muslim, he is not given the basic necessities for religious observances—his captors even refuse to tell him which way to face towards Mecca, an essential element of daily devotions. Letters from his wife and children are heavily censored. Privileged notes he has written to his lawyer have been confiscated and not returned. He is subjected to constant video surveillance. He was repeatedly interrogated, his lawyers say, but has not been interrogated for a year. His captors have repeatedly threatened his family, telling him that he would be sent to Egypt or Saudi Arabia, where he would be tortured and sodomized and his wife raped in front of him. According to the lawsuit, his captors falsely told him that, because of him, his father and four of his brothers were in jail, and that if he cooperated, they would be released.
Commentary - “Mr. al-Marri has been detained at a naval brig for two-and-a-half years in cell that is 9 feet by 6 feet,” says law professor Jonathan Hafetz, who will become one of al-Marri’s lawyers. “During that time he has long been denied books, news, any contact with the outside world other than his attorneys, including his wife and five children, who he has neither seen nor spoken to. I mean things that we don’t even do to people who’ve been convicted of crimes.” Fellner says: “It’s the combination of restrictions imposed on al-Marri that offends basic norms of decency. There is no security justification for them. The Pentagon apparently believes it can hold him under any conditions they choose for as long as they choose.” [Human Rights Watch, 8/8/2005; Associated Press, 8/9/2005; Al-Marri v. Rumsfeld, 8/9/2005 pdf file; CNN, 12/13/2005]
Military Denies Mistreatment - The military denies that al-Marri has been mistreated. [CNN, 12/13/2005] Defense spokesman Navy Lieutenant Commander J. D. Gordon says in 2007, “The government in the strongest terms denies allegations of torture, allegations made without support and without citing a shred of record evidence. It is our policy to treat all detainees humanely.” [Progressive, 3/2007]

Entity Tags: Jamie Fellner, Bush administration (43), Ali Saleh Kahlah al-Marri, Donald Rumsfeld, J.D. Gordon, US Department of Defense, Mohammed al-Marri, Human Rights Watch, Jonathan Hafetz

Timeline Tags: Torture of US Captives, Civil Liberties

The outgoing Saudi ambassador to Britain, Prince Turki al-Faisal, criticizes the Blair government over its lack of response to terrorism and says that MI5 is hampering efforts to clamp down. Prince Turki describes his experience: “When you call somebody, he says it is the other guy. If you talk to the security people, they say it is the politicians’ fault. If you talk to the politicians, they say it is the Crown Prosecution Service. If you call the Crown Prosecution service, they say, no, it is MI5. So we have been in this runaround…” Turki particularly criticizes the government’s failure to act against Saad al-Fagih of the movement for Islamic Reform in Arabia and Mohammed al-Massari. Al-Fagih is accused of being involved in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998) and a plot to assassinate King Abdullah of Saudi Arabia. [London Times, 8/10/2005]

Entity Tags: Turki al-Faisal, UK Security Service (MI5), Mohammed al-Massari, Saad al-Fagih

Timeline Tags: Complete 911 Timeline

Deputy Attorney General James Comey, who has already tendered his resignation, gives his farewell speech to an assemblage in the Justice Department. Comey makes what author and reporter Charlie Savage will later call “a cryptic reference to the fights over warrantless surveillance and torture issues that he had fought alongside [former Office of Legal Counsel chief Jack] Goldsmith and the other non-team players” (see Late 2003-2005 and June 17, 2004). Comey tells the assembled employees that, during his tenure, he had dealt with issues that “although of consequence almost beyond my imagination, were invisible because the subject matter demanded it.” In these disputes, he says he worked with people whose loyalty “to the law… would shock people who are cynical about Washington.” Those people, he says, “came to my office, or my home, or called my cell phone late at night, to quietly tell me when I was about to make a mistake; they were people committed to getting it right—and to doing the right thing—whatever the price. These people know who they are. Some of them did pay a price for their commitment to [do] right, but they wouldn’t have it any other way.” [US Department of Justice, 8/15/2005; Consortium News, 2/8/2006; Savage, 2007, pp. 199] Comey will later testify that one of the people he is referring to is former Justice Department lawyer Patrick Philbin. [Savage, 2007, pp. 199]

Entity Tags: Patrick F. Philbin, Jack Goldsmith, Charlie Savage, US Department of Justice, James B. Comey Jr.

Timeline Tags: Civil Liberties

Supreme Court Chief Justice William Rehnquist (see September 26, 1986), 80, dies after a ten-month battle with thyroid cancer. He will be replaced by John Roberts (see September 29, 2005), who formerly clerked for him. Rehnquist’s term as Chief Justice marked a “sea change” in the direction of the Court. Former Clinton solicitor general Walter Dellinger says: “It is quite clear that there are three dominant chief justices of American history, and they are John Marshall, Earl Warren, and William H. Rehnquist. I think that there’s just no question that he’s of enormous historical importance.” Conservative law professor and former Reagan Justice Department official Douglas Kmiec, a co-founder of the Federalist Society, says that Rehnquist presided over a “sea change” in the Court, taking it sharply to the right. [National Public Radio, 7/20/2005; Legal Times, 9/5/2005; Dean, 2007, pp. 129-137]

Entity Tags: William Rehnquist, US Supreme Court, Walter Dellinger, John G. Roberts, Jr, Douglas Kmiec, John Marshall, Earl Warren

Timeline Tags: Civil Liberties

In a Guardian op-ed, British MP and former cabinet minister Michael Meacher suggests that Saeed Sheikh, known for his alleged involvement in the 9/11 attacks and the murder of reporter Daniel Pearl, may have played a role in the 7/7 London bombings despite being held in a high-security Pakistani prison since 2002. Meacher states that “reports from Pakistan suggest that Sheikh continues to be active from jail, keeping in touch with friends and followers in Britain.” He cites the India-based Observer Research Foundation, which argues that there are even “grounds to suspect that the [7/7 London bombings] were orchestrated by [Saeed] Sheikh from his jail in Pakistan.” [Guardian, 9/10/2005] While there have been no firm reports linking Sheikh to the 7/7 bombings, he did work with Pakistani militant leader Maulana Masood Azhar (in fact both were released in 1999 as part of a deal to end an airplane hijacking (see December 24-31, 1999)), and there are reports that two of the 7/7 bombers called Azhar and had dealings with others linked to Azhar’s militant group (see August 1, 2005).

Entity Tags: Maulana Masood Azhar, Saeed Sheikh, Michael Meacher

Timeline Tags: Complete 911 Timeline

John Roberts.John Roberts. [Source: In These Times]John Roberts is approved by the Senate to become the new chief justice of the US Supreme Court, replacing the recently deceased William Rehnquist (see September 5, 2005). Roberts, who once clerked for Rehnquist while Rehnquist was an associate justice, also served in the Reagan Justice Department and as an associate counsel to then-President Reagan. He was deputy solicitor general in the first Bush administration. George W. Bush appointed him to the DC Circuit Court in 2001. [White House, 9/29/2005] Roberts was originally nominated to succeed the retiring Sandra Day O’Connor, but when Rehnquist died, Bush quickly withdrew the nomination for associate justice and refiled Roberts’s name for chief justice.
Characteristics and History - Roberts appeals to conservatives for a number of reasons; he has a powerful legal intellect, is soft-spoken, personable, and telegenic, and has not been outspoken about his views on issues like abortion and the right to privacy. Law professor Stephen Wermiel, who knows Roberts well, said in July that Roberts is not “somebody who… comes off as gruff or overbearing, which some people will recall was a factor in the [Robert] Bork hearings in 1987” (see July 1-October 23, 1987). Wermiel called Roberts’s nomination “a stroke of brilliance on the White House’s part.” One area of controversy surrounds Roberts’s work with Governor Jeb Bush of Florida during the bitterly contested 2000 presidential election, where Roberts helped construct the strategies used in the Bush v. Gore case that awarded George W. Bush the presidency. Another is Roberts’s membership in the Federalist Society, an organization of conservative activist judges, lawyers, and legal thinkers. A third is his advocacy, during his time with the first Bush administration, for scrapping decades of law providing for the separation of church and state in order to allow prayer in public schools. [National Public Radio, 7/20/2005] Four days before President Bush nominated him to the Court, Roberts voted in favor of upholding the Bush administration’s assertions about its wartime powers in the case of Hamdan v. Rumsfeld (see June 30, 2006), ruling that Bush need not consult Congress before setting up military commissions, and ruling that Bush is not bound by the strictures of the Geneva Convention. Liberals are unhappy with his stance against abortion, his representation as a private attorney of corporate mining interests seeking to dodge environmental regulations and of businesses trying to evade affirmative action requirements, as well as his attempts to curb environmentalists’ efforts to save endangered species. In 2007, reporter Charlie Savage will write that while progressives and liberals busily attacked Roberts for his positions on various “hot-button” issues, “[a]lmost lost amid the hubbub was” Roberts’s “unwavering commitment to the [expansion of] presidential power,” dating back to his 1980-81 clerkship under Rehnquist and his tenure as a White House lawyer under Ronald Reagan (see June-July 1983, October 1983, February 13, 1984, and May 16, 1984). [Savage, 2007, pp. 251-255]
Quick Confirmation - The Senate agreed to expedite Roberts’s confirmation process in order to allow him to preside over the next session of the Supreme Court in October, and so gave its members little time to peruse his record. Roberts sailed through the Senate Judiciary Committee hearings, and is confirmed by a 78-22 vote. Roberts hit a brief snag when he divulged that he had met with Attorney General Alberto Gonzales just six days before hearing oral arguments in the Hamdan case, had met with Vice President Cheney and a select coterie of top White House officials while considering his verdict, and had met with Bush for the president’s final approval on the Court nomination the same day that he handed down his favorable ruling. Though 22 Democrats vote against his confirmation, because Roberts’s ascension to the Court does not change the ideological balance among the nine justices (Roberts is replacing the equally conservative Rehnquist), Senate Democrats decided not to filibuster his nomination. [Dean, 2007, pp. 154-155; Savage, 2007, pp. 252]

Entity Tags: US Department of Justice, Stephen Wermiel, Senate Judiciary Committee, Federalist Society, George W. Bush, Charlie Savage, John G. Roberts, Jr, US Supreme Court

Timeline Tags: Civil Liberties

Judith Miller speaks to reporters outside the courtroom.Judith Miller speaks to reporters outside the courtroom. [Source: Luke Frazza / Agence France-Presse / Getty Images]New York Times reporter Judith Miller, who yesterday was released from jail after agreeing to testify before the grand jury investigating the Valerie Plame Wilson identity leak (see September 29, 2005), testifies before that jury. [Washington Post, 7/3/2007] In some respects Miller’s testimony is less than enlightening. She admits that Lewis Libby was the source that she was protecting (see September 15, 2005), but says that she doesn’t believe Libby told her Plame Wilson’s name. In the same notebook Miller used to take notes from her conversations with Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003), Miller wrote “Valerie Flame,” an apparent misspelling. Asked why that name appears in the notebook alongside the notes from her conversations with Libby, Miller equivocates, saying she doesn’t believe she heard the name from Libby. She will later write of her testimony, “I said I believed the information came from another source, whom I could not recall.” As a side note, the Times only now reveals Libby as Miller’s source, though other news outlets have already identified Libby. [New York Times, 10/16/2005] Miller testifies that she does not recall her first meeting with Libby, which took place June 23. She will change her testimony (see October 7, 2005 and October 12, 2005) after prosecutor Patrick Fitzgerald shows her Secret Service logs showing that she had met with Libby in the Executive Office Building. [National Journal, 10/20/2005] This memory lapse is consistent with theories that Miller may be attempting to protect Libby by failing to testify about that first meeting, where Libby informed Miller that Plame Wilson was a CIA official working in the Weapons, Intelligence, Non-Proliferation, and Arms Control office (see September 29-30, 2005). Miller also testifies that Libby saw the media’s reporting of the Iraq-Niger story as the product of “selective leaking” by the CIA. The purpose of the CIA leaks, Miller says Libby believed, was to protect the agency if no WMD were found in Iraq. [Roberts, 2008, pp. 151]

Entity Tags: Valerie Plame Wilson, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Judith Miller, New York Times

Timeline Tags: Niger Uranium and Plame Outing

Senator John McCain (R-AZ), an ardent opponent of torture by US officials (see November 21, 2005), continues to press an amendment to a $440 billion defense appropriations bill that prohibits cruel, inhuman, and degrading treatment of prisoners held in US captivity (see July 24, 2005 and After). The bill also posits the US Army Field Manual as the uniform standard for interrogations by any Defense Department personnel. The Field Manual is being revised, and Pentagon sources have claimed the revisions will include a section on the importance of following the Geneva Conventions. The amendment is facing stiff opposition from the White House, which asserts that it would encroach on the power of the president as the commander in chief, and would threaten national security by reducing the ability of military interrogators to obtain critical intelligence from prisoners. On the floor of the Senate, McCain reads a letter from former Secretary of State Colin Powell, who had opposed Vice President Cheney on the issue of torture. Powell writes: “Our troops need to hear from Congress. The world will note that America is making a clear statement with respect to the expected future behavior of our soldiers.” McCain himself calls the White House’s legal theories on torture “strange,” and warns that enemies could use America’s justifications of torture as justifications for the torture of US captives. “We are Americans and we hold ourselves to humane standards of treatment of people no matter how evil or terrible they may be,” he says. Terrorists “don’t deserve our sympathy. But this isn’t about who they are. This is about who we are. These are the values that distinguish us from our enemies.” The White House continues to oppose the amendment. President Bush threatens to veto the entire bill, and Cheney circulates pro-torture talking points to friendly Congressional Republicans. Cheney, with CIA Director Porter Goss in tow, asks McCain to exempt CIA officials from the anti-torture amendment at the discretion of the president; McCain refuses. McCain is bolstered by a letter signed by over two dozen retired generals urging Congress to pass the amendment, including Powell and former Joint Chiefs chairman General John Shalikashvili. The amendment passes the Senate 90 to nine. However, the House leadership, steered by Speaker Dennis Hastert (R-IL), refuses to allow the amendment into the House version by refusing to let the House vote on it at all. It will take a House-Senate conference committee to decide the fate of the amendment. [Dubose and Bernstein, 2006, pp. 195; Savage, 2007, pp. 221]

Entity Tags: George W. Bush, Bush administration (43), Colin Powell, Dennis Hastert, US Department of Defense, Richard (“Dick”) Cheney, John McCain, Porter J. Goss, John M. Shalikashvili

Timeline Tags: Civil Liberties

During a roundtable discussion on ABC’s This Week, host George Stephanopoulos says, “[A] source close to this told me this week, that President Bush and Vice President Cheney were actually involved in some of these discussions” about disclosing CIA case officer Valerie Plame Wilson’s name to reporters (see July 14, 2003). [Think Progress, 8/2/2005]

Entity Tags: George Stephanopoulos, Valerie Plame Wilson, Richard (“Dick”) Cheney, George W. Bush

Timeline Tags: Niger Uranium and Plame Outing

Harriet Miers.Harriet Miers. [Source: Harpers.org]After President Bush successfully places conservative judge John Roberts as chief justice of the Supreme Court (see September 29, 2005), he names White House counsel and personal friend Harriet Miers to replace the retiring Sandra Day O’Connor on the Court.
Firestorm of Criticism - The media reacts adversely to this; Miers is said to be insufficiently qualified for the position and to have been chosen because of her loyalty to Bush. Her nomination is further derailed by opposition from hard-line conservatives, who do not believe she is conservative enough in her beliefs, particularly on abortion. Miers is certainly a weak choice from most viewpoints—she has no constitutional law experience and lacks a reputation as a strong legal thinker. She has never been a judge, nor even published an academic law journal article. Even conservative stalwart Robert Bork, who is still a center of controversy from his failed Court nomination (see July 1-October 23, 1987), calls Miers’s nomination “a disaster on every level.” When a letter Miers had written Bush for his birthday in 1997 is published in the media—in which Miers gushed over Bush in breathless, almost schoolgirlish prose, calling him “cool!” and “the best governor ever!”—the derision hits a fever pitch. When she submits a questionnaire to the Senate Judiciary Committee listing her background and qualifications for the job, a questionnaire almost devoid of pertinent and specific information, the ranking members of the committee threaten to have her do it over, a humiliation she avoids by withdrawing her name from consideration.
Trumped-Up Dispute over Executive Privilege - The Senate asks to see Miers’s White House memos to judge the quality of her legal work, and the White House refuses, citing executive privilege. Many view the dispute as a trumped-up conflict designed to allow the Bush administration to save what little face it can in the debacle; neoconservative columnist Charles Krauthammer had suggested engineering just such a “conflict” to stage “irreconcilable differences over documents” that would allow the Bush White House to withdraw Miers’s nomination over the issue.
Withdrawal - Miers indeed asks Bush to withdraw her nomination, and Bush cites the documents dispute in announcing the decision to pull Miers from consideration: “It is clear that senators would not be satisfied until they gained access to internal documents concerning advice provided during her tenure at the White House—disclosures that would undermine a president’s ability to receive candid counsel,” Bush says. “Harriet Miers’s decision demonstrates her deep respect for this essential aspect of the Constitutional separation of powers—and confirms my deep respect and admiration for her.” Bush settles on another nominee, Samuel Alito, to replace O’Connor (see October 31, 2005 - February 1, 2006). [Savage, 2007, pp. 262-266; Dean, 2007, pp. 155]
Staunch Advocate for Expanded Executive Power - In 2007, reporter and author Charlie Savage will write that, in his view, the Bush administration chose Miers for a simple reason: she is a staunch advocate for the continued expansion of presidential power. “Miers… could be counted on to embrace Bush’s expansive view of presidential powers,” he will write. Miers is quite loyal to Bush “and, through him, the institution he represented.” Miers’s adoration of Bush on a personal level would further guarantee her “solid support for any presidential claim of power that might come before the Court,” he will write. “Like Roberts before her, she was an executive branch lawyer who identified with the task of defending the prerogatives of the president.” On the questionnaire she submits to the Senate Judiciary Committee, Miers writes that as White House counsel, she has gained significant constitutional experience in “presidential prerogatives, the separation of powers, executive authority, and the constitutionality of proposed regulations and statutes.… My time serving in the White House, particularly as counsel to the president, has given me a fuller appreciation of the role of the separation of powers in maintaining our constitutional system. In that role, I have frequently dealt with matters concerning the nature and role of the executive power.” [Savage, 2007, pp. 265-267]

Entity Tags: US Supreme Court, John G. Roberts, Jr, Sandra Day O’Connor, Samuel Alito, Senate Judiciary Committee, Harriet E. Miers, Charlie Savage, George W. Bush, Bush administration (43), Charles Krauthammer, Robert Bork

Timeline Tags: Civil Liberties

New York Times reporter Judith Miller turns over additional notes to the prosecutors in the Valerie Plame Wilson identity leak case. The notes indicate that she met with Lewis “Scooter” Libby on June 23, 2003 (see June 23, 2003) and discussed Plame Wilson’s husband, Joseph Wilson. Until these notes are revealed, Miller had testified that she had not met with Libby until almost two weeks later (see 8:30 a.m. July 8, 2003). [New York Times, 10/8/2005] Miller will later say that she discovered the notes in the Times newsroom after her first testimony (see October 12, 2005). [New York Times, 10/12/2005] It was during the June 23 meeting that Libby told Miller of Plame Wilson’s position in the CIA’s Weapons Intelligence, Nonproliferation, and Arms Control (WINPAC) office. Miller’s memory is also jogged when special counsel Patrick Fitzgerald shows her Secret Service logs showing that she met with Libby on June 23 in the White House Executive Office Building. Only after seeing the logs does Miller search her notes and find the information about her first meeting with Libby. Miller’s lawyer, Robert Bennett, says: “We went back on the second occasion to provide those additional notes that were found, and correct the grand jury testimony reflecting on the June 23 meeting.” He says Miller’s testimony is now “correct, complete, and accurate.” Washington defense attorney Stan Brand says that even if Fitzgerald believes Miller deliberately feigned a memory lapse about that first meeting with Libby, he is unlikely to “make an issue out of this because he got what he wanted from her,” and might still be dependant upon her as a witness during a potential trial. [National Journal, 10/20/2005]

Entity Tags: Patrick J. Fitzgerald, Judith Miller, New York Times, Stanley Brand, Robert T. Bennett, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

The Fourth Circuit Court of Appeals rules that President Bush, as commander in chief, can continue to hold Jose Padilla (see June 9, 2002), a US citizen arrested on US soil (see June 8, 2002), indefinitely as an enemy combatant. Padilla is to be treated the same as an American captured on a foreign battlefield (see June 28, 2004). The majority ruling is written by Judge J. Michael Luttig, often thought of as a potential Bush Supreme Court nominee. Luttig rules there is “no difference in principle between [Yaser Esam] Hamdi (see June 28, 2004) and Padilla.” Bush’s “powers include the power to detain identified and committed enemies such as Padilla, who associated with al-Qaeda and the Taliban regime, and who entered the United States for the avowed purpose of further prosecuting [terrorism] by attacking American citizens and targets on our own soil.” Luttig ignores the fact that Padilla has never been charged, much less convicted, of any crime. When the Bush administration later charges Padilla as an ordinary criminal—and does not charge him with with any of the terrorist activities it had long alleged he had committed—many administration critics will conclude that, just as in the Hamdi case, the administration had used inflammatory rhetoric and baseless charges to obtain a judicial decision it wanted (see October 10, 2004). When Luttig learns of the administration’s actions, he will issue a supplementary opinion excoriating the White House (see December 21, 2005). [Savage, 2007, pp. 200]

Entity Tags: Jose Padilla, J. Michael Luttig

Timeline Tags: Civil Liberties

New York Times reporter Judith Miller testifies for a second time to the grand jury investigating the Plame Wilson identity leak. In light of this and her earlier testimony (see September 30, 2005), federal judge Thomas Hogan lifts the contempt order he had previously issued (see October 7, 2004). Miller testifies about her notes on her discussions with Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney (October 7, 2005). She testifies that she most likely met with Libby on June 23, 2003 (see June 23, 2003) only after prosecutors show her Secret Service logs that indicate she met with him in the Executive Office Building. She had failed to testify about that meeting in her previous testimony, and, when pressed by prosecutors, insisted that she could not remember that specific meeting. Miller’s lawyer, Robert Bennett, tells a reporter that today’s testimony “corrected” her earlier statements to the grand jury regarding the June 23 meeting. He adds, “We went back on the second occasion to provide those additional notes that were found, and correct the grand jury testimony reflecting on the June 23 meeting,” and says Miller’s testimony is now “correct, complete, and accurate.” Miller testifies today, as she did on September 30, that Libby disclosed Valerie Plame Wilson’s CIA status to her during discussions they had in June and July 2003, contradicting Libby’s own statements (see March 5, 2004 and March 24, 2004). Times editor Bill Keller says that the Times will “write the most thorough story we can of her entanglement with the White House leak investigation.” [New York Times, 10/12/2005; National Journal, 10/20/2005]

Entity Tags: Lewis (“Scooter”) Libby, Bill Keller, Judith Miller, Thomas Hogan, Robert T. Bennett, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

In an op-ed, Washington Post columnist Richard Cohen pleads with special prosecutor Patrick Fitzgerald to terminate his investigation of the Plame Wilson identity leak. “The best thing Patrick Fitzgerald could do for his country is get out of Washington, return to Chicago, and prosecute some real criminals,” Cohen writes. Fitzgerald, Cohen asserts, has accomplished nothing besides jailing New York Times reporter Judith Miller (see July 6, 2005) and “repeatedly haul[ing] this or that administration high official before a grand jury, investigating a crime that probably wasn’t one in the first place but that now, as is often the case, might have metastasized into some sort of coverup—but, again, of nothing much.” Cohen advises Fitzgerald to “[g]o home, Pat.” He says that for administration officials, the investigation is “[n]ot nice,” but is an example of Washington business as usual. “This is rarely considered a crime,” Cohen writes. Perhaps the outing of Valerie Plame Wilson, a clandestine CIA agent, “might technically be one,” but Cohen writes that “it was not the intent of anyone to out a CIA agent and have her assassinated (which happened once) but to assassinate the character of her husband. This is an entirely different thing. She got hit by a ricochet.” Cohen writes that Fitzgerald may be considering indicting White House officials, not for outing Plame Wilson, but for related crimes, perhaps disclosing secrets or on some sort of conspiracy charges. “Whatever the case, I pray Fitzgerald is not going to reach for an indictment or, after so much tumult, merely fold his tent, not telling us, among other things, whether Miller is the martyr to a free press that I and others believe she is or whether, as some lefty critics hiss, she’s a double-dealing grandstander, in the manner of some of her accusers.” Cohen says that the larger issue is “control of information,” and explains: “If anything good comes out of the Iraq war, it has to be a realization that bad things can happen to good people when the administration—any administration—is in sole control of knowledge and those who know the truth are afraid to speak up. This—this creepy silence—will be the consequence of dusting off rarely used statutes to still the tongues of leakers and intimidate the press in its pursuit of truth, fame, and choice restaurant tables. Apres Miller comes moi.” Intimidating reporters would have more far-reaching effects than bringing what Cohen calls “trivial charges” to court. “Please, Mr. Fitzgerald,” Cohen concludes, “there’s so much crime in Washington already. Don’t commit another.” [Washington Post, 10/13/2005]

Entity Tags: Patrick J. Fitzgerald, Bush administration (43), Judith Miller, Valerie Plame Wilson, Richard Cohen

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Karl Rove (right) and his lawyer, Robert Luskin.Karl Rove (right) and his lawyer, Robert Luskin. [Source: Doug Mills / The New York Times]White House deputy chief of staff Karl Rove testifies for a fourth time before the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003). [Washington Post, 10/15/2005; Washington Post, 7/3/2007] Rove amends and clarifies his earlier testimony, most notably his failure to remember outing Plame Wilson to Time reporter Matthew Cooper (see 11:00 a.m. July 11, 2003). Special prosecutor Patrick Fitzgerald spends a large portion of Rove’s session focusing on the omission. In earlier testimony, Rove attempted to claim that he had only a “hazy recollection” of hearing Plame Wilson’s name (see October 15, 2004) before reading Robert Novak’s column which publicly outed her as a CIA agent (see July 14, 2003). He now testifies that he informed Cooper of her status as a CIA agent days before the article appeared, and his memory apparently failed him during his earlier statements to the grand jury. Rove testifies that his recollection was prompted by the discovery of an e-mail message to Stephen Hadley, then the deputy national security adviser, that he wrote after talking to Cooper (see March 1, 2004). [National Journal, 10/7/2005; New York Times, 10/15/2005] He insists that he never identified Plame Wilson by her name, but “merely” as the wife of former ambassador Joseph Wilson, and did not intentionally reveal her as a covert CIA official because he did not know of her clandestine status. [Washington Post, 10/15/2005] He says he may have learned of Plame Wilson’s CIA identity from fellow White House official Lewis Libby, and says that both he and Libby learned of her CIA employment status from reporters. He says someone else outside the White House also told him of Plame Wilson’s identity, but he cannot remember who that was. [Washington Post, 10/20/2005] Previously, Rove insisted that he learned of Plame Wilson’s identity from reporters, and not the other way around, as many reporters and others have already testified. Rove has said that one of the reporters who told him that Plame Wilson was a CIA official was Novak, a statement Novak has contradicted (see October 7, 2003, February 5, 2004, and September 14, 2004). Rove also testified that he never told Cooper Plame Wilson’s name, but merely identified her as the wife of former ambassador Joseph Wilson. [Associated Press, 7/15/2005]
Rove's Testimony No Distraction, White House Officials Claim - White House spokesman Scott McClellan says Rove’s testimony has not distracted the administration from its usual affairs: “[W]hile there are other things going on, the White House doesn’t have time to let those things distract from the important work at hand.” [New York Times, 10/15/2005] White House chief of staff Andrew Card concurs. “Well, obviously we’re all human beings and we know that there are external activities that impact the environment you’re working in,” he says. “It is something that is there, but it is something that we don’t talk about because it would be inappropriate.… I haven’t found anyone that is distracted because of the ongoing investigation, but we all know that it’s taking place and we’re all working to cooperate with the investigators.” [Washington Post, 10/15/2005]
Lawyer: Rove 'Always Honest' with FBI, Jury, President - Rove’s lawyer, Robert Luskin, says that his client “has always attempted to be honest and fully forthcoming” to anyone “he has spoken to about this matter, whether that be the special prosecutor or the president of the United States. My client would not hide anything, because he has nothing to hide. It would not be to his benefit to do so.” Previously, Rove had failed to disclose his discussion with Cooper to either the FBI or to President Bush (see After September 26, 2003). [National Journal, 10/7/2005] “The special counsel has not advised Mr. Rove that he is a target of the investigation and affirmed that he has made no decision concerning charges.” [Washington Post, 10/15/2005]
Fitzgerald Mulling Criminal Charges against Rove - Sources close to the Fitzgerald investigation say Rove’s statements to Bush and to the FBI are at the heart of the decision whether or not to charge him with making false statements to investigators, or with obstruction of justice. Lying to the president could in itself be worthy of charges. Law professor Rory Little, a former federal prosecutor and assistant attorney general in the Clinton administration, says: “The president is the top law enforcement official of the executive branch. It is a crime to make a false statement to a federal agent. If the president was asking in that capacity, and the statement was purposely false, then you might have a violation of law.” However, if Bush had discussed the matter with Rove in a more informal capacity, then, Little says, a case for making false statements to a federal agent would be more difficult to prove. Law professor Randall Eliason says that if Rove deliberately lied to the president, a prosecutor could construe the lie as an “overt act… in furtherance of a criminal plan.” Law professor Stephen Gillers notes: “Misleading the president, other officials of the executive branch, or even the FBI might not, in and of themselves, constitute criminal acts. But a prosecutor investigating other crimes—such as obstruction of justice or perjury—might use evidence of any such deception to establish criminal intent. And a lack of candor might also negate a claim of good faith or inadvertent error in providing misleading information to prosecutors.” [National Journal, 10/7/2005]

Entity Tags: Lewis (“Scooter”) Libby, Joseph C. Wilson, Valerie Plame Wilson, Bush administration (43), Karl C. Rove, Federal Bureau of Investigation, Central Intelligence Agency, Stephen J. Hadley, Andrew Card, Scott McClellan, Randall Eliason, Stephen Gillers, Matthew Cooper, Robert Luskin, Patrick J. Fitzgerald, Rory Little, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Slate’s Jacob Weisberg.Slate’s Jacob Weisberg. [Source: Paid Content (.org)]Jacob Weisberg, a senior editor of Slate magazine, warns liberals that the possible prosecution of White House official Karl Rove and/or former White House aide Lewis Libby may not be cause for celebration. “Opponents of the Bush administration are anticipating vindication on various fronts—justice for their nemesis Karl Rove, repudiation of George W. Bush’s dishonest case for the Iraq war, a comeuppance for Chalabi-loving reporter Judith Miller of the New York Times, and even some payback for the excesses of independent counsels during the Clinton years,” he writes. Weisberg calls support for the potential prosecutions “self-destructive,” and explains: “Anyone who cares about civil liberties, freedom of information, or even just fair play should have been skeptical about [special prosecutor Patrick] Fitzgerald’s investigation from the start. Claiming a few conservative scalps might be satisfying, but they’ll come at a cost to principles liberals hold dear: the press’s right to find out, the government’s ability to disclose, and the public’s right to know.” Weisberg calls the law that is at the heart of the Plame Wilson investigation, the Intelligence Identities Protection Act (IIPA), “flawed,” and the entire Fitzgerald investigation “misbegotten.” The law is difficult to use for a conviction because it requires that prosecutors prove intent to do harm. “Under the First Amendment, we have a right to debate what is done in our name, even by secret agents,” Weisberg writes. “It may be impossible to criminalize malicious disclosure without hampering essential public debate.” After calling the White House “negligent” and “stupid” for revealing Plame Wilson’s CIA status, he says that no one has shown Rove, Libby, or any other official leaked her name with the intent of causing her or her career harm. Weisberg writes: “[A]fter two years of digging, no evidence has emerged that anyone who worked for Bush and talked to reporters about Plame… knew she was undercover. And as nasty as they might be, it’s not really thinkable that they would have known. You need a pretty low opinion of people in the White House to imagine they would knowingly foster the possible assassination of CIA assets in other countries for the sake of retaliation against someone who wrote an op-ed they didn’t like in the New York Times” (see July 6, 2003). The outing of Plame Wilson was “accidental,” Weisberg claims, part of the Bush administration’s attempts to defend itself against its failure to find WMD in Iraq. Weisberg calls Fitzgerald “relentless and ambitious,” implying that he is pursuing the case for the fulfillment of his personal ambition, and says that no evidence exists of anyone breaking any laws, whether it be the IIPA, statutes against perjury or conspiracy, obstruction of justice, or anything else. Fitzgerald will indict someone for something, Weisberg states, because not to do so would seem like he failed in his investigation. Fitzgerald is sure to bring what Weisberg calls “creative crap charges of his own devising” against someone, be it a White House official or a reporter. Weisberg concludes by calling Fitzgerald’s investigation “a disaster for freedom of the press and freedom of information.” [Slate, 10/18/2005]

Entity Tags: Judith Miller, Bush administration (43), George W. Bush, Karl C. Rove, Intelligence Identities Protection Act, Patrick J. Fitzgerald, Jacob Weisberg, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

New York Times columnist Nicholas Kristof writes that the Fitzgerald investigation of the Plame Wilson identity leak is running the risk of moving too far, too fast, and may end up jailing Bush administration officials without good cause. Kristof cites two Republican-driven investigations from the 1990s—the “fanatical” Kenneth Starr investigation of former President Clinton and the “appalling” 10-year pursuit of former Housing Secretary Henry Cisneros—to warn that the Fitzgerald investigation, like those he cites from the 1990s, may be moving into murkier areas than originally warranted, i.e. the investigation into who leaked the name of a clandestine CIA agent. Special counsel Patrick Fitzgerald may be “considering mushier kinds of indictments,” Kristof writes, “for perjury, obstruction of justice, or revealing classified information. Sure, flat-out perjury must be punished. But if the evidence is more equivocal, then indictments would mark just the kind of overzealous breach of prosecutorial discretion that was a disgrace when Democrats were targeted. And it would be just as disgraceful if Republicans are the targets.” Kristof acknowledges that White House officials “behaved abominably in this affair,” and says, “the idea of a government official secretly using the news media… to attack former Ambassador Joseph Wilson [is] sleazy and outrageous. But a crime? I’m skeptical, even though there seems to have been a coordinated White House campaign against Mr. Wilson” (see October 1, 2003). “My guess is that the participants in a White House senior staff meeting discussed Mr. Wilson’s trip and the charges that the administration had knowingly broadcast false information about uranium in Niger—and then decided to take the offensive. The leak of Mrs. Wilson’s identity resulted from that offensive, but it may well have been negligence rather than vengeance.” Kristof doubts that anyone in the White House knew that Plame Wilson was an undercover agent, and believes that “some official spread the word of Mrs. Wilson’s work at the CIA to make her husband’s trip look like a nepotistic junket.” He calls such behavior “appalling,” and says that columnist Robert Novak “was absolutely wrong to print the disclosure” (see July 14, 2003). “But there’s also no need to exaggerate it,” he concludes. The entire Plame Wilson affair is an example of “backstabbing politics,” he writes, “but not… obvious criminality.” Therefore, Fitzgerald should be wary of handing down indictments, both in the interest of legal restraint and for fear that indicting “White House officials on vague charges of revealing classified information… will have a chilling effect on the reporting of national security issues.” [New York Times, 10/25/2005]

Entity Tags: Patrick J. Fitzgerald, Bush administration (43), Central Intelligence Agency, Nicholas Kristof, Clinton administration, Robert Novak, Henry Cisneros, Joseph C. Wilson

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Washington Post investigative reporter Bob Woodward slams ‘Plamegate’ special prosecutor Patrick Fitzgerald. In an interview on CNN’s Larry King Live, he calls Fitzgerald’s investigation “disgraceful.” When asked if he knew who might have leaked CIA agent Valerie Plame Wilson’s name to the press, Woodward claims—falsely—that he has no idea. “I wish I did have a bombshell,” he says. “I don’t even have a firecracker.” The leak, he says, is merely “gossip and chatter” of interest only to “a junkyard-dog prosecutor” like Fitzgerald who “goes everywhere and asks every question and turns over rocks and rocks under rocks and so forth.” Woodward also claims that the CIA’s assessment of the damage likely to have been done by the leak is “minimal.” Woodward says: “They did not have to pull anyone out undercover abroad. They didn’t have to resettle anyone. There was no physical danger to anyone, and there was just some embarrassment. So people have kind of compared—somebody was saying this was [similar to the cases of convicted spies] Aldrich Ames or Bob Hanssen, big spies. This didn’t cause damage.” Woodward is ignoring reports that the damage caused by the leak may well have been severe and widespread (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, and February 13, 2006); he also fails to note an upcoming report by his own newspaper that notes the CIA has not yet completed its assessment of the damage, but speculates as to just how severe the damage is believed to be (see October 29, 2005). [CNN, 10/27/2005; Media Matters, 10/31/2005; Media Matters, 11/16/2005; Time, 11/20/2005] Woodward does not mention that he is one of the reporters who was contacted by a Bush administration official about Plame Wilson being a CIA agent (see June 13, 2003). He has also withheld his knowledge of the case from Fitzgerald and his own editors (see November 16-17, 2005).

Entity Tags: Washington Post, Central Intelligence Agency, Bush administration (43), Bob Woodward, Patrick J. Fitzgerald, Valerie Plame Wilson, Larry King

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

David Addington.David Addington. [Source: Richard A. Bloom / Corbis]David Addington, the chief counsel for Vice President Dick Cheney, is named Cheney’s chief of staff to replace Lewis “Scooter” Libby, who was convicted of perjury and obstruction of justice in the Valerie Plame Wilson case (see February 13, 2002). [National Journal, 10/30/2005; MSNBC, 11/4/2005] Addington is described by one White House official as “the most powerful man you never heard of.” A former Justice Department official says of Addington, “He seems to have his hand in everything, and he has these incredible powers, energy, reserves in an obsessive, zealot’s kind of way.” He is, according to former Solicitor General Theodore Olson, Cheney’s “eyes, ears, and voice.” [US News and World Report, 5/21/2006] Addington is a neoconservative ideologue committed to dramatically expanding the power of the presidency, and a powerful advocate of the “unitary executive” theory of presidential power. He has been with Cheney for years, ever since Cheney chose him to serve as the Pentagon’s chief counsel while Cheney was Defense Secretary under Ronald Reagan. During that time, Addington was an integral part of Cheney’s battle to keep the Iran-Contra scandal from exploding (see 1984). [Washington Post, 10/11/2004; National Journal, 10/30/2005; MSNBC, 11/4/2005; US News and World Report, 5/21/2006] According to Larry Wilkerson, the former chief of staff to former Secretary of State Colin Powell, documentary evidence shows that Cheney’s office, and Addington in particular, were responsible for giving at least tacit approval for US soldiers to abuse and torture prisoners in Iraq (see January 9, 2002). In an administration devoted to secrecy, Addington stands out in his commitment to keeping information away from the public. [Washington Post, 10/11/2004] Though Addington claims to have a lifelong love affair with the Constitution, his interpretation of it is somewhat unusual. One senior Congressional staffer says, “The joke around here is that Addington looks at the Constitution and sees only Article II, the power of the presidency.” [US News and World Report, 5/21/2006] Addington’s influence in the White House is pervasive. He scrutinizes every page of the federal budget, hunting for riders that might restrict the power of the president. He worked closely with Gonzales to oppose attempts by Congress to pry information from the executive branch, and constantly battles the State Department, whose internationalist philosophy is at odds with his and Cheney’s own beliefs. [Washington Post, 10/11/2004] Former Reagan Justice Department official Bruce Fein calls Addington the “intellectual brainchild” of overreaching legal assertions that “have resulted in actually weakening the presidency because of intransigence.” According to Fein, Addington and Cheney are doing far more than reclaiming executive authority, they are seeking to push it farther than it has ever gone under US constitutional authority. They have already been successful in removing executive restraints formerly in place under the War Powers Act, anti-impoundment legislation, the legislative veto and the independent counsel statute. “They’re in a time warp,” Fein says. “If you look at the facts, presidential powers have never been higher.” [Washington Post, 10/11/2004] “He thinks he’s on the side of the angels,” says a former Justice Department official. “And that’s what makes it so scary.” [US News and World Report, 5/21/2006]

Entity Tags: Saddam Hussein, US Department of State, Theodore (“Ted”) Olson, US Department of Justice, US Department of Defense, Ronald Reagan, Lewis (“Scooter”) Libby, National Security Council, Bruce Fein, Bradford Berenson, 9/11 Commission, Richard (“Dick”) Cheney, David S. Addington, John Bellinger, Jack Goldsmith, Lawrence Wilkerson, John C. Yoo, Valerie Plame Wilson

Timeline Tags: Civil Liberties, Niger Uranium and Plame Outing

In an op-ed, the Wall Street Journal’s editorial staff accuses special counsel Patrick Fitzgerald of “criminalizing politics” in his investigation of the Plame Wilson leak. Fitzgerald’s investigation, the editorial reads, has taken two years, cost millions of dollars, jailed a reporter (see July 6, 2005), “and preoccupied some of the White House’s senior officials.” The investigation has culminated in the indictment of former White House official Lewis Libby (see October 28, 2005), not for leaking Valerie Plame Wilson’s identity to the press, but for what the Journal calls “contradictions between his testimony and the testimony of two or three reporters about what he told them, when he told them, and what words he used.” The Journal writes that there is no evidence, at least to the public’s knowledge, that Libby lied to anyone, be it the FBI (see October 14, 2003 and November 26, 2003), the grand jury (see March 5, 2004 and March 24, 2004), or anyone else. Nowhere has anyone alleged a motive for Libby’s alleged perjury, the Journal states (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, the Journal notes, Libby was not a source for the column that actually outed Plame Wilson as a CIA official. The Journal questions the existence of any White House “conspiracy to silence administration critics,” and if there was, it writes, “it was more daft than deft.” Instead, the Journal writes, the Libby indictment “amounts to an allegation that one official lied about what he knew about an underlying ‘crime’ that wasn’t committed.” Fitzgerald is merely involving himself in what the Journal calls “a policy dispute between an elected administration and critics of the president’s approach to the war on terror, who included parts of the permanent bureaucracy of the State Department and CIA.” [Wall Street Journal, 10/29/2005]

Entity Tags: Lewis (“Scooter”) Libby, Bush administration (43), Valerie Plame Wilson, Patrick J. Fitzgerald, Wall Street Journal

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Terry Moran, ABC News’s chief White House correspondent, tells ABC host George Stephanopoulos that he believes White House press secretary Scott McClellan unwittingly lied to reporters when he asserted that White House staffers Karl Rove (see September 16, 2003, September 27, 2003, September 29, 2003, and September 29, 2003) and Lewis “Scooter” Libby (see October 4, 2003 and October 4, 2003) knew nothing of the Valerie Plame Wilson identity leak. “He was telling falsehoods right at us over and over unwittingly,” Moran says. Asked if McClellan knew he was lying, Moran replies: “No. And he signaled he wants to tell us the story,” referring to McClellan’s comments that he would like to be able to discuss his public support of Rove and Libby. Stephanopoulos asks, “[Y]ou say he didn’t know it, so that means Karl Rove lied to him?” “Yes,” Moran answers, “yes.” Moran notes that the White House will most likely do nothing except continue to “stonewall” and deny involvement: “My sense it right now they’ll kick this down the road. They’ll say it’s a continuing case and we’re going to kick it down the road.” [McClellan, 2008, pp. 265-266]

Entity Tags: Terry Moran, ABC News, Bush administration (43), George Stephanopoulos, Karl C. Rove, Lewis (“Scooter”) Libby, Scott McClellan

Timeline Tags: Niger Uranium and Plame Outing

Syndicated conservative columnist Cal Thomas writes that because the Valerie Plame Wilson identity leak investigation is nothing more than a witch hunt to tar Bush administration officials over the war in Iraq, the special prosecutor law under which Patrick Fitzgerald is conducting his investigation should be abolished. According to Thomas, President Clinton was lauded by the media, and his investigator, special prosecutor Kenneth Starr, was universally portrayed as a “sex maniac with a political agenda” who was hounding a “decent man” over a legal, if morally questionable, sexual liaison. “Thus, Clinton’s lies under oath about his affair with Monica Lewinsky were not a big deal.” The media is giving “saturation coverage” to the Libby indictments, Thomas claims, while it gave “short shrift” to Clinton administration indictments such as then-Agriculture Secretary Michael Espy and HUD Secretary Henry Cisneros. The situation is different with accused perjurer Lewis Libby, Thomas writes (see October 28, 2005). Fitzgerald is being praised by media pundits as “an apolitical straight-shooter who is the definition of integrity” (see December 30, 2003, January 1, 2004, July 11, 2005, July 17, 2005, October 13, 2005, October 18, 2005, October 25, 2005, October 27, 2005, and October 29, 2005), and is running a fair and non-partisan investigation into crimes committed by Libby and perhaps other White House officials. According to Thomas, Fitzgerald is doing little more than working for administration critics who didn’t get their way over Iraq: “[t]hose who lost the policy battle over going to war are now fighting a rear-guard action in an attempt to damage the Bush administration and win the political war in time for the 2006 Congressional elections and certainly by the 2008 presidential contest.” Thomas says that since the Independent Counsel Law was passed in 1978 in the wake of the Watergate scandal, it has brought few convictions and cost taxpayers an inordinate amount of money. “Enough Democrats and Republicans have been forced to run this gauntlet that perhaps a truly bipartisan solution can be found to end it,” Thomas concludes. “That Libby’s indictments are not about policy, but about who remembers what and when, ought to be the final straw in this ridiculous process.” [Town Hall (.com), 10/31/2005]

Entity Tags: Bush administration (43), Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Cal Thomas

Timeline Tags: Niger Uranium and Plame Outing

The White House continues to battle a Senate-approved amendment against torture (see October 1, 2005). Vice President Cheney, the administration’s strongest voice in favor of torture, gathers a group of Republican senators and gives what is later described as an impassioned plea to let the CIA torture when necessary. President Bush needs that option, Cheney argues, and a prohibition against torture may eventually cost the nation “thousands of lives.” He cites alleged 9/11 mastermind Khalid Shaikh Mohammed as one of torture’s success stories (see February 29 or March 1, 2003, Shortly After February 29 or March 1, 2003, and June 16, 2004). Cheney fails to tell the gathering that the US has overseen the torture of Mohammed’s wife and children, and that Mohammed was told that if he didn’t cooperate, his children would be subjected to further abuse (see After September 11, 2002). He also fails to tell them that the information elicited from Mohammed was considered unreliable (see Summer 2003), and that many of Mohammed’s interrogators felt that torture merely hardened his resistance. During the meeting, John McCain (R-AZ), the author of the anti-torture amendment, tells Cheney, “This is killing us around the world.” On November 4, the Republican House leadership postpones a vote on the amendment when it realizes the amendment will pass overwhelmingly. [Dubose and Bernstein, 2006, pp. 196]

Entity Tags: Richard (“Dick”) Cheney, Bush administration (43), John McCain

Timeline Tags: Torture of US Captives, Civil Liberties

Retired Army General Paul Vallely, a military analyst employed by Fox News (see Early 2002 and Beyond, Late September 2003, April 14-16, 2006, and April 18, 2006), says that former ambassador Joseph Wilson revealed his wife’s status as a CIA official over a year before she was exposed by conservative columnist Robert Novak (see July 14, 2003). Vallely’s claims are published by WorldNetDaily (WND), an online conservative news site, after Vallely makes the claims on an ABC Radio talk show hosted by conservative commentator and blogger John Batchelor. Fox News has described Vallely as an expert on psychological warfare (see April 21, 2003). Vallely says Wilson openly discussed his wife, Valerie Plame Wilson, as a CIA official between three and five times in 2002, while the two waited to appear on various Fox News broadcasts. Both Vallely and Wilson served as analysts for Fox News during the US’s run-up to the March 2003 invasion of Iraq. Vallely says the first time Wilson discussed his wife’s CIA status was in the spring of 2002. “He was rather open about his wife working at the CIA,” Vallely says. “He was a total self promoter,” Vallely continues. “I don’t know if it was out of insecurity, to make him feel important, but he’s created so much turmoil, he needs to be investigated and put under oath.” Vallely also says that several acquaintances of his at the CIA have said Wilson routinely introduced his wife as a CIA official at Washington cocktail parties and social events. “That was pretty common knowledge,” he says. “She’s been out there on the Washington scene many years.” If she were a covert agent, Valley says (see Fall 1992 - 1996), “he would not have paraded her around as he did.” Vallely concludes, “This whole thing has become the biggest non-story I know, and all created by Joe Wilson.” Conservative lawyer Victoria Toensing agrees that Plame Wilson is most likely not a covert agent for the agency. WND does not report Wilson’s response to Vallely’s charges, and in several critical references to a Vanity Fair interview given by the Wilsons (see January 2004) the blog misidentifies the date of the interview publication as 2005, not 2004. [WorldNetDaily, 11/5/2005]
CIA Confirmed Plame Wilson's Covert Status - The CIA has repeatedly confirmed Plame Wilson as a covert official, and many observers both inside and outside the agency have noted the extensive damage caused by her exposure (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, and February 13, 2006).
Fox News, Conservative Blogs Report Claims - Three days after Vallely’s claims appear on WND, Fox News reports Vallely’s statements. [Fox News, 11/8/2005] And a day after the WND article, Batchelor announces on prominent conservative blog RedState that another analyst will confirm Vallely’s claims. Batchelor says that on November 7, Vallely and retired Air Force General Thomas McInerney will “repeat and expand upon Vallely’s memory that Joe Wilson more than once in 2002 in the green room at Fox New Channel in Washington, DC, boasted about his wife the ‘CIA desk officer.’ McInerney has the same memory and more, since both he and Vallely were on FNC between 150 and 200 times in 2002 each.” [John Batchelor, 11/6/2005]
Wilson Demands Retraction, Counters Claim - Wilson’s attorney, Christopher Wolf, e-mails both Vallely and WND demanding that they retract Vallely’s statements, writing that “the claim that Ambassador Wilson revealed to you or to anyone that his wife worked for the CIA is patently false.” In the e-mail, Wolf includes a message Wilson sent him: “This is slanderous. I never appeared on [TV] before at least July 2002 and only saw him maybe twice in the green room at Fox. Vallely is a retired general and this is a bald faced lie. Can we sue? This is not he said/he said, since I never laid eyes on him till several months after he alleges I spoke to him about my wife.”
Vallely Modifies Original Claim, Others Refuse to Confirm - Progressive media watchdog organization Media Matters notes that in subsequent days, Vallely modifies his original claims, backing down to claim that Wilson revealed his wife’s CIA status on “only one occasion,” which “probably was in that summer, early fall” of 2002. And promises that two other military analysts, retired generals McInerney and Barry McCaffrey, will back up his claims go unfulfilled, as neither is willing to publicly state that Wilson ever spoke to them about his wife. Vallely later says he has not spoken to the FBI about his claims, and tells conservative talk show host Sean Hannity that he waited two years to make the claims because “I figured Joe Wilson would self-destruct at some point in time.” He tells Hannity that he has been “upset” by Wilson’s opposition to the Bush administration’s strategy in Iraq. [Media Matters, 11/9/2005] Batchelor’s promise that fellow conservative commentator Victor Davis Hansen will also confirm the claim also goes unfulfilled. [John Batchelor, 11/6/2005] WND notes, “But contrary to a report, Hanson said Wilson did not disclose his wife’s CIA employment” during their conversations. [WorldNetDaily, 11/8/2005]
Fox News Schedule Shows Vallely, Wilson Never Appeared Together - Progressive blogger John Amato and former CIA agent Larry Johnson pore through the Fox News schedule for the time period Vallely cites—the spring of 2002—and find that Vallely and Wilson never appeared together during that time. Johnson writes: “They were never in the studio on the same day, much less the same program. Vallely is lying or maybe having a senior moment.” [John Amato, 11/7/2005]

Entity Tags: Sean Hannity, Robert Novak, Thomas G. McInerney, WorldNetDaily, Victoria Toensing, RedState (.com), Victor Davis Hansen, Paul Vallely, Valerie Plame Wilson, Larry C. Johnson, Barry McCaffrey, Christopher Wolf, Central Intelligence Agency, Fox News, John Amato, Joseph C. Wilson, Media Matters, John Batchelor

Timeline Tags: Niger Uranium and Plame Outing

Victoria Toensing, a former deputy attorney general in the Reagan administration, writes a guest editorial for the Wall Street Journal that demands the Plame Wilson investigation, as it stands, be closed. Instead, she says, the CIA should be investigated for causing Valerie Plame Wilson’s identity to become public knowledge. Toensing blames the CIA’s “bizarre conduct” for Plame Wilson’s exposure. The CIA is responsible for Plame Wilson’s exposure, Toensing states, by allowing her husband, former ambassador Joseph Wilson, to go to Niger to look into claims that Iraq was trying to buy uranium from that country (see February 21, 2002-March 4, 2002). Toensing writes that Plame Wilson “suggested” her husband for the trip (see February 13, 2002, February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). The CIA did not have Wilson write a report, but instead conducted an oral debriefing (see March 4-5, 2002, (March 6, 2002), and March 8, 2002) that, Toensing writes, was never sent to Vice President Dick Cheney’s office (see March 5, 2002). Wilson’s subsequent New York Times op-ed (see July 6, 2003) was not approved or vetted with the CIA’s Prepublication Review Board, something Toensing finds puzzling even though she notes that Wilson was not asked to sign a nondisclosure or confidentiality agreement. She also alleges, without giving specifics, that the statements in Wilson’s op-ed do not jibe with the information in the CIA’s report on his trip, though that report is classified and not available for her inspection. For the CIA to allow Wilson to write the op-ed was, Toensing says, tantamount to giving a green light for Plame Wilson’s exposure as a CIA official. Conservative colunnist Robert Novak, who publicly exposed Plame Wilson (see July 14, 2003), was told by “a still-unnamed administration source” (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, and July 12, 2003) that Wilson’s wife “suggested him for the assignment,” leading Novak to uncover Plame Wilson’s identity. Toensing also claims that Novak was never asked not to publish Plame Wilson’s name in anything but the most “perfunctory” fashion (see (July 11, 2003) and Before July 14, 2003). Toensing defends her allegation by writing: “Every experienced Washington journalist knows that when the CIA really does not want something public, there are serious requests from the top, usually the director. Only the press office talked to Mr. Novak.” Toensing goes on to note that the CIA permitted Plame Wilson to make political contributions under the name “Wilson, Valerie E.,” contributions recorded by the Federal Elections Commission. Toensing concludes, “The CIA conduct in this matter is either a brilliant covert action against the White House or inept intelligence tradecraft,” and demands that Congress conduct an investigation into the CIA’s conduct. [Wall Street Journal, 11/3/2005] The Journal does not inform its readers that Toensing was one of a group of lawyers and conservative activists who filed an amici curiae brief with the court asking that it overturn its decision to compel the testimony of two lawyers in the Plame Wilson investigation (see March 23, 2005).

Entity Tags: Office of the Vice President, Central Intelligence Agency, Joseph C. Wilson, Victoria Toensing, Wall Street Journal, Robert Novak, Prepublication Review Board

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Special prosecutor Patrick Fitzgerald is narrowing his focus on the potential criminal actions of White House political strategist Karl Rove. According to lawyers involved in the Lewis Libby perjury investigation, Fitzgerald is abandoning inquiries into whether Rove lied to a grand jury about his role in the Plame Wilson identity leak, and his characterization of the involvement of President Bush in the leak. Now Fitzgerald is focusing on whether Rove tried to conceal from the grand jury a conversation he had with Time reporter Matthew Cooper in the week before Valerie Plame Wilson’s identity was revealed (see 11:00 a.m. July 11, 2003 and October 15, 2004). Fitzgerald is not sure Rove was fully forthcoming about the belated discovery of an internal e-mail in which he described the conversation with Cooper (see After 11:07 a.m. July 11, 2003 and March 1, 2004), and some within the investigation speculate that Rove may have perjured himself. White House officials have said that Rove will not be asked to leave the administration if he is not indicted. Democratic leaders in Congress have renewed their call for him to resign, reminding Bush of his pledge to demand the “highest ethical standards” from the members of his administration. [New York Times, 11/4/2005] Rove’s lawyer, Robert Luskin, will point to a casual conversation between himself and journalist Viveca Novak as proof that Rove did not deliberately lie about the conversation with Cooper (see March 1, 2004). However, a source familiar with the case tells reporters that Rove had informed Luskin about the Cooper conversation even before his first testimony to the grand jury in February 2004 (see February 2004). Rove then told the jury that he did not remember speaking with Cooper about Plame Wilson. According to the source, Fitzgerald finds it suspicious that Rove did not find the e-mail until after he had subpoenaed Cooper to testify before his grand jury (see May 21, 2004). [Washington Post, 12/3/2005]

Entity Tags: Patrick J. Fitzgerald, George W. Bush, Bush administration (43), Karl C. Rove, Matthew Cooper, Robert Luskin, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Viveca Novak

Timeline Tags: Niger Uranium and Plame Outing

Defense lawyers for Lewis Libby (see October 28, 2005) indicate that they will shift their defense strategy. Not only will they claim that their client did not intentionally lie to either the FBI (see October 14, 2003 and November 26, 2003) or the grand jury investigating the Plame Wilson CIA identity leak (see March 5, 2004 and March 24, 2004), they will attempt to impugn the credibility and the accuracy of the journalists who are expected to testify that they learned of Valerie Plame Wilson’s CIA identity from Libby, instead of the other way around, as Libby will likely claim. Three reporters—Judith Miller of the New York Times, Matthew Cooper of Time magazine, and Tim Russert of NBC News—are expected to be the prime focus of the defense’s efforts. It is unclear whether any of the reporters will testify voluntarily, or will resist efforts to have them testify before the jury. [Wall Street Journal, 11/7/2005]

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

Timeline Tags: Niger Uranium and Plame Outing

The Village Voice’s Sydney Schanberg castigates Washington Post reporter and managing editor Bob Woodward for his behavior in the Plame Wilson investigation. Schanberg is referring to Woodward’s repeated attacks on the investigation and his support for the Bush administration (see December 1, 2004, July 7, 2005, July 11, 2005, July 17, 2005, July 31, 2005, and October 27, 2005). He is as yet unaware of Woodward’s status as a recipient of the Valerie Plame Wilson identity leak (see June 13, 2003 and November 14, 2005). Woodward is a rightful icon of investigative journalism due to “the groundbreaking shoe-leather reporting he and Carl Bernstein did on the Watergate scandal in 1972” (see June 15, 1974). Now, though, Schanberg writes, he has become just another well-connected Washington insider. “Doesn’t Woodward remember the reaction by many in the White House press corps, who initially sneered at the [Watergate] story and brushed it off as the fevered product of two lowly cityside reporters covering crime and the courts—which is what Woodward and Bernstein were at the time? I wish I were wrong, but to me Woodward sounds as if he has come a long way from those shoe-leather days—and maybe on a path that does not become him. He sounds, I think, like those detractors in 1972, as they pooh-poohed the scandal that unraveled the Nixon presidency—the scandal that Woodward and Bernstein doggedly uncovered.” Schanberg believes that Woodward has sacrificed his independence and his aggressive stance as an investigator in order to receive the unprecedented access to the White House and other Washington governmental agencies that he enjoys as a high-profile political author. “Critics in the press have suggested that Woodward is too close to some of his sources to provide readers with an undiluted picture of their activities,” Schanberg notes. “His remarks about the Fitzgerald investigation convey the attitude of a sometime insider reluctant to offend—and that is hardly a definition of what a serious, independent reporter is supposed to be. It’s a far piece from Watergate.” [Village Voice, 11/8/2005]

Entity Tags: Sydney Schanberg, Bob Woodward

Timeline Tags: Niger Uranium and Plame Outing

The National Review publishes an editorial by Cesar Conda, an assistant to Vice President Dick Cheney from January 2001 to September 2003. Conda writes a glowing defense of indicted perjurer Lewis Libby, whom he worked with in Cheney’s office. Conda notes that he was not “personally close” to Libby, and says he has not spoken to him since December 2004. Conda claims no access to the Libby defense team, nor any knowledge of the Libby defense strategy. However, he writes, “I have my own observations of the man, and some commonsense arguments that should to be considered as they relate to the indictment.” Conda calls the portrayal of Libby in special counsel Patrick Fitzgerald’s indictment of him (see October 28, 2005) a “caricature” that “is utterly at odds with his professional and personal history.” Libby, Conda writes, “is honorable, discreet, selfless—a man of unquestionable integrity. Most of his professional career has been spent in public service, as a behind-the-scenes, yet invaluable staffer at the Department of State, the Department of Defense, and the Congress.” Libby served in Cheney’s office “at great personal sacrifice,” according to Conda, choosing to leave “a lucrative private law practice” and “compromis[ing] family time with his two grade-school children—to focus his energies on his all consuming job in the White House.” Conda goes into detail about Libby’s overwhelming workload, a key element of the Libby defense team’s “memory defense” (see January 31, 2006). According to Conda, Libby should be expected to misremember some “fleeting” conversations he may have had with reporters about former ambassador Joseph Wilson and Wilson’s wife, CIA official Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, Late Afternoon, July 12, 2003, July 10 or 11, 2003, October 14, 2003, November 26, 2003, March 5, 2004, and March 24, 2004). Conda claims that Wilson is at the heart of the Libby indictment, and accuses him of falsifying his report about the Iraq-Niger uranium hoax (see March 4-5, 2002 and July 6, 2003). Conda concludes by praising Libby as a man whose “noble” goal was “to protect the American people from terrorism.” [National Review, 11/10/2005]

Entity Tags: US Department of Defense, Bush administration (43), Cesar Conda, Joseph C. Wilson, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, National Review

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Washington Post reporter Bob Woodward testifies under oath in a sworn deposition to special counsel Patrick Fitzgerald concerning his knowledge of the identity of outed CIA agent Valerie Plame Wilson (see December 30, 2003), and how he came upon that knowledge. Woodward testifies that he spoke “with three current or former Bush administration officials” in regards to his book Plan of Attack. He testifies for two hours under an agreement that he will only discuss matters specifically relevant to Fitzgerald’s investigation, and with written statements from each of the three administration officials waiving confidentiality “on the issues being investigated by Fitzgerald.” Woodward’s name came to Fitzgerald’s attention after one of the three officials, former Deputy Secretary of State Richard Armitage, told Fitzgerald that he had revealed Plame Wilson’s identity to Woodward (see June 13, 2003 and After October 28, 2005). In his story for the Post about his testimony, Woodward does not reveal Armitage’s identity, but it is soon disclosed by other sources (see March 14, 2006). Woodward spoke with a second administration official, whose identity he also does not disclose, and with Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby, but says he did not discuss Plame Wilson with either Libby or the other official (see June 23, 2003). He testifies that he did not discuss Plame Wilson with any other government officials (see June 20, 2003) before Robert Novak publicly outed her on July 14 (see July 14, 2003). Woodward notes, “It was the first time in 35 years as a reporter that I have been asked to provide information to a grand jury.” [Washington Post, 11/16/2005; Washington Post, 11/16/2005; Washington Post, 7/3/2007] Investigative reporters for the progressive news Web site Raw Story identify National Security Adviser Stephen Hadley as Woodward’s source for Plame Wilson’s identity, a claim echoed by the Times of London. Hadley refuses to answer questions on the topic. [Raw Story, 11/16/2005; London Times, 11/20/2005] In 2006, the National Security Council will refuse to directly deny Hadley’s involvement, and will request that Raw Story attribute denials to the White House and not to itself.) [Raw Story, 3/19/2006]
Woodward Told Second Reporter about Plame Wilson - Woodward testifies that he told another reporter about Plame Wilson: “I told Walter Pincus, a reporter at the Post, without naming my source, that I understood Wilson’s wife worked at the CIA as a WMD analyst.” Pincus says he has no memory of Woodward telling him anything about Plame Wilson, and says he would certainly have remembered such a conversation, especially since he was writing about Plame Wilson’s husband, war critic Joseph Wilson, at the time (see June 3, 2003, June 11, 2003, June 12, 2003, and (July 11, 2003)). “Are you kidding?” Pincus says. “I certainly would have remembered that.” Pincus believes Woodward is confused about the timing and the nature of their conversations; he remembers Woodward making a vague allusion to Plame Wilson in October 2003. That month, Pincus had written a story explaining how an administration source had contacted him about Wilson. Pincus recalls Woodward telling him that he was not the only person who had been contacted.
Libby Lawyer: Woodward's Testimony Undermines Case against Client - Lewis Libby’s lawyer, William Jeffress, says Woodward’s testimony undermines the case Fitzgerald is building against his client (see October 28, 2005). “If what Woodward says is so, will Mr. Fitzgerald now say he was wrong to say on TV that Scooter Libby was the first official to give this information to a reporter?” Jeffress says. “The second question I would have is: Why did Mr. Fitzgerald indict Mr. Libby before fully investigating what other reporters knew about Wilson’s wife?” [Washington Post, 11/16/2005]
Plame Wilson 'Deeply Disappointed' in Woodward - In 2007, Plame Wilson will write, “I was deeply disappointed that [Woodward] had chosen to react as a journalist first and a responsible citizen only when his source ‘outed’ him to the special prosecutor.” [Wilson, 2007, pp. 238]

Entity Tags: Valerie Plame Wilson, Walter Pincus, Robert Novak, Richard Armitage, Raw Story, Lewis (“Scooter”) Libby, National Security Council, Bob Woodward, Bush administration (43), Joseph C. Wilson, William Jeffress, London Times, Patrick J. Fitzgerald, Stephen J. Hadley

Timeline Tags: Niger Uranium and Plame Outing

Critics of the Bush administration, and of the reporters who helped push its narrative regarding the Iraq invasion, lambast Washington Post reporter Bob Woodward for failing to reveal himself as a recipient of the Valerie Plame Wilson identity leak (see June 13, 2003, November 14, 2005, and November 16-17, 2005) while himself attacking the Plame Wilson investigation (see December 1, 2004, July 7, 2005, July 11, 2005, July 17, 2005, July 31, 2005, and October 27, 2005). Joshua Micah Marshall writes that while the story of Woodward’s involvement remains “sketchy,” it appears “that Woodward—who has long been publicly critical of the Fitzgerald investigation—has been part of it from the beginning. Literally, the beginning.… At a minimum, though, Woodward seems to have some explaining to do, at least for the fact that he became an aggressive commentator on the leak story without ever disclosing his own role in it, not even to his editors.” [Talking Points Memo, 11/15/2005] The Washington Monthly’s Kevin Drum calls Woodward’s behavior “bizarre,” and says, “I can’t begin to make sense of this.” [Washington Monthly, 11/17/2005] The Washington Post’s Howard Kurtz asks, “Who was this Shallow Throat, and why is this the first we’re hearing about it?” [Washington Post, 11/16/2005] Liberal author and blogger Jane Hamsher is particularly caustic in her criticism, writing: “Woodward stopped being a ‘journalist’ in the true sense of the word long ago—when he decided celebrity status and book sales meant more than the truth. He has gone from being—well, whatever he was, to something much worse: an official peddler of lies told by powerful people to whitewash their criminal activities.” [Jane Hamsher, 11/15/2005] And John Aravosis of the liberal AmericaBlog writes: “It’s also beginning to sound a lot like Bob Woodward is becoming our next Judith Miller (see October 16, 2005). His repeated rants in defense of this administration, and against the special prosecutor, certainly take on a very interesting edge considering Mr. Woodward didn’t bother disclosing that he was quite involved in this story, and was hardly the impartial observer his silence suggested he was. Not to mention, he knew all along that HE TOO had received the leak, suggesting that a clear pattern of multiple leaks was developing, yet he still went on TV and said that all of these repeated leaks were just a slip of the tongue?” (Emphasis in the original.) [John Aravosis, 11/15/2005]

Entity Tags: Jane Hamsher, Bob Woodward, Bush administration (43), John Aravosis, Howard Kurtz, Judith Miller, Joshua Micah Marshall, Kevin Drum

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Washington Post reporter Bob Woodward acknowledges testifying in the Plame Wilson investigation (see November 14, 2005), and apologizes to the Post for failing to tell editors and publishers that a senior Bush administration official told him over two years ago that Valerie Plame Wilson was a CIA officer (see June 13, 2003). Woodward is a reporter and assistant managing editor at the Post. While speculation has been rife over which reporters knew of Plame Wilson’s identity, and which administration officials are responsible for blowing her covert status, Woodward has never admitted to being a recipient of the leaked information, and has repeatedly attacked the investigation (see December 1, 2004, July 7, 2005, July 11, 2005, July 17, 2005, July 31, 2005, and October 27, 2005). Woodward explains that he did not reveal his own involvement in the case—that Deputy Secretary of State Richard Armitage informed him of Plame Wilson’s CIA status—because he feared being subpoenaed by special prosecutor Patrick Fitzgerald. Woodward says he was trying to protect his sources. “That’s job number one in a case like this,” he says. “I hunkered down. I’m in the habit of keeping secrets. I didn’t want anything out there that was going to get me subpoenaed.” Woodward told his editors about his knowledge of the case shortly after former White House aide Lewis “Scooter” Libby was indicted for perjury and obstruction of justice (see October 28, 2005). [Washington Post, 11/16/2005; Washington Post, 11/16/2005; Washington Post, 11/17/2005]
Woodward 'Should Have Come Forward' - Executive editor Leonard Downie Jr. says Woodward “made a mistake.… [H]e still should have come forward, which he now admits. We should have had that conversation.… I’m concerned that people will get a mis-impression about Bob’s value to the newspaper and our readers because of this one instance in which he should have told us sooner.” Downie adds: “After Libby was indicted, [Woodward] noticed how his conversation with the source preceded the timing in the indictment. He’s been working on reporting around that subject ever since the indictment.”
Questions of Objectivity, Honesty - Woodward’s silence about his own involvement while repeatedly denigrating the investigation causes many to question his objectivity. “It just looks really bad,” says Eric Boehlert, an author and media critic. “It looks like what people have been saying about Bob Woodward for the past five years, that he’s become a stenographer for the Bush White House” (see November 25, 2002). Journalism professor Jay Rosen says flatly, “Bob Woodward has gone wholly into access journalism.” And Robert Zelnick, chair of Boston University’s journalism department, says: “It was incumbent upon a journalist, even one of Woodward’s stature, to inform his editors.… Bob is justifiably an icon of our profession—he has earned that many times over—but in this case his judgment was erroneous.” Rem Rieder, the editor of American Journalism Review, says Woodward’s disclosure is “stunning… [it] seems awfully reminiscent of what we criticized Judith Miller for.” Miller, a reporter for the New York Times, was accused by Times executive editor Bill Keller of misleading the paper by not informing her editors that she had discussed Plame Wilson’s identity with Libby (see October 16, 2005). Rieder calls Woodward “disingenuous” for his criticism of the investigation (see July 7, 2005, July 11, 2005, July 17, 2005, and October 27, 2005) without revealing his own knowledge of the affair. Columnist and reporter Josh Marshall notes, “By becoming a partisan in the context of the leak case without revealing that he was at the center of it, really a party to it, he wasn’t being honest with his audience.” Woodward claims he only realized his conversation with Armitage might be of some significance after Libby was described in the indictment as the first Bush official to reveal Plame Wilson’s name to reporters. Armitage told Woodward of Plame Wilson’s identity weeks before Libby told Miller. Unlike Libby, Armitage did not release Woodward from his promise to protect his identity (see September 15, 2005). [Washington Post, 11/17/2005]
Woodward Denies Quid Pro Quo - Some time later, a colleague will ask Woodward if he were trading information with Armitage on a friendly, perhaps less-than-professional basis. “Was this a case of being in a relationship where you traded information with a friend?” Woodward will respond sharply: “It’s not trading information. It is a subterranean narrative. What do you have? What do you know? If you start making this a criminal act, people will not speak to you.” [Vanity Fair, 4/2006]

Entity Tags: Lewis (“Scooter”) Libby, Eric Boehlert, Bush administration (43), Bob Woodward, Jay Rosen, Leonard Downie, Jr., Valerie Plame Wilson, Washington Post, Richard Armitage, Robert Zelnick, Joshua Micah Marshall, Patrick J. Fitzgerald, Rem Rieder

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Conservative columnist Tucker Carlson, writing for MSNBC, claims that the exposure of Valerie Plame Wilson’s CIA identity did not harm US national security, and offers $100 “to the first person who can prove otherwise” (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). Carlson goes on to note that former White House official Lewis Libby was not the first person to leak Plame Wilson’s identity to the press, as recent revelations from the Washington Post’s Bob Woodward show that Woodward knew of Plame Wilson’s CIA status well before Libby leaked it to New York Times reporter Judith Miller (see November 14, 2005). Carlson says in light of these two facts that Libby never should have been charged with anything (see October 14, 2003, November 26, 2003, March 5, 2004, and March 24, 2004), and special counsel Patrick Fitzgerald should apologize to Libby. Moreover, Carlson writes, Fitzgerald is “the enemy” of journalists and the public’s right to know; because of Fitzgerald’s subpoenas to reporters, both reporters and government sources are “spooked.… Thanks to Fitzgerald, there will be fewer leaks from the executive branch in years to come. Fewer leaks mean less information, and therefore a less informed public. We all lose.” [MSNBC, 11/17/2005] Carlson does not inform his readers of his family’s close ties to the Libby defense fund (see February 28, 2006).

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

Timeline Tags: Niger Uranium and Plame Outing

Neoconservative John Podhoretz adds his voice to the recent demands from conservatives for special counsel Patrick Fitzgerald to drop his prosecution of former White House official Lewis Libby (see November 10, 2005, November 17, 2005, November 17, 2005, and November 17, 2005). Podhoretz calls Fitzgerald’s investigation an “inquisition,” and, like many of his fellow commentators, points to the recent revelation that reporter Bob Woodward received leaked information about Valerie Plame Wilson’s CIA status before Libby leaked it to a different reporter (see November 14, 2005). In his indictment of Libby (see October 28, 2005), Fitzgerald said that Libby was “the first official to disclose this information outside the government to a reporter” when he told former New York Times reporter Judith Miller about Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Fitzgerald did not know then that another, as-yet-unnamed government official (later revealed to be former Deputy Secretary of State Richard Armitage—see June 13, 2003) had “outed” Plame Wilson before Libby. Therefore, Podhoretz concludes, there is no evidence that Libby knowingly lied to the FBI (see October 14, 2003 and November 26, 2003) and to Fitzgerald’s grand jury (see March 5, 2004 and March 24, 2004) in denying his leaks of Plame Wilson’s identity. “How can it be fair to convict Libby when even the prosecutor himself can’t get the story straight?” Podhoretz asks. [New York Post, 11/18/2005]

Entity Tags: Valerie Plame Wilson, Bob Woodward, John Podhoretz, Judith Miller, Lewis (“Scooter”) Libby, Richard Armitage, Patrick J. Fitzgerald

Timeline Tags: Neoconservative Influence, Domestic Propaganda, Niger Uranium and Plame Outing

McCain speaking against torture on Fox News.McCain speaking against torture on Fox News. [Source: Daily Gadfly (.com)]Senator John McCain (R-AZ), a former prisoner of war during the Vietnam War and a victim of torture, writes an impassioned op-ed for Newsweek exhorting the US not to resort to torture in its interrogations of terror suspects. He writes: “I do, respectfully, take issue with the position that the demands of this war require us to accord a lower station to the moral imperatives that should govern our conduct in war and peace when they come in conflict with the unyielding inhumanity of our vicious enemy.… We should not torture or treat inhumanely terrorists we have captured. The abuse of prisoners harms, not helps, our war effort.”
Produces False Information - He gives numerous reasons: abusing prisoners does not produce reliable information, but instead “often produces bad intelligence because under torture a person will say anything he thinks his captors want to hear—whether it is true or false—if he believes it will relieve his suffering.” McCain recounts his own example of providing false information under torture, giving his captors the names of the Green Bay Packers’ offensive line instead of the names of his flight squadron. “It seems probable to me that the terrorists we interrogate under less than humane standards of treatment are also likely to resort to deceptive answers that are perhaps less provably false than that which I once offered.”
Betrays America's 'Commitment to Basic Humanitarian Values' - Moreover, McCain writes, America’s “commitment to basic humanitarian values affects—in part—the willingness of other nations to do the same. Mistreatment of enemy prisoners endangers our own troops who might someday be held captive.” We cannot expect al-Qaeda and other such enemies to be “bound by the principle of reciprocity,” but “we should have concern for those Americans captured by more traditional enemies, if not in this war then in the next.” Global public criticism of North Vietnam’s brutality towards US prisoners resulted in a substantial decrease in their abuse of POWs. The war against terrorism is “a war of ideas,” he writes, “a struggle to advance freedom in the face of terror in places where oppressive rule has bred the malevolence that creates terrorists. Prisoner abuses exact a terrible toll on us in this war of ideas. They inevitably become public, and when they do they threaten our moral standing, and expose us to false but widely disseminated charges that democracies are no more inherently idealistic and moral than other regimes.” To defeat the idea of terrorism, “we must prevail in our defense of American political values as well. The mistreatment of prisoners greatly injures that effort.”
'We Are Different and Better than Our Enemies' - McCain writes that while he does not “mourn the loss of any terrorist’s life… [w]hat I do mourn is what we lose when by official policy or official neglect we allow, confuse, or encourage our soldiers to forget that best sense of ourselves, that which is our greatest strength—that we are different and better than our enemies, that we fight for an idea, not a tribe, not a land, not a king, not a twisted interpretation of an ancient religion, but for an idea that all men are created equal and endowed by their Creator with inalienable rights.”
Waterboarding Is Torture - McCain states flatly that any interrogation technique that simulates an execution, including waterboarding, is torture. “[I]f you gave people who have suffered abuse as prisoners a choice between a beating and a mock execution, many, including me, would choose a beating. The effects of most beatings heal. The memory of an execution will haunt someone for a very long time and damage his or her psyche in ways that may never heal. In my view, to make someone believe that you are killing him by drowning is no different than holding a pistol to his head and firing a blank. I believe that it is torture, very exquisite torture.”
Exceptions Do Not Require New Laws - There is always the extreme circumstance bandied about in discussions: what should be done with a terror suspect who holds critical information about an imminent terrorist attack? While such an extreme circumstance may well require extreme interrogation methods, McCain writes, “I don’t believe this scenario requires us to write into law an exception to our treaty and moral obligations that would permit cruel, inhumane, and degrading treatment. To carve out legal exemptions to this basic principle of human rights risks opening the door to abuse as a matter of course, rather than a standard violated truly in extremis. It is far better to embrace a standard that might be violated in extraordinary circumstances than to lower our standards to accommodate a remote contingency, confusing personnel in the field and sending precisely the wrong message abroad about America’s purposes and practices.” [Newsweek, 11/21/2005]

Entity Tags: John McCain

Timeline Tags: Torture of US Captives

Supreme Court Chief Justice John Roberts (see September 29, 2005) has his first opportunity to name a judge to the secret Foreign Intelligence Surveillance Court. Judge James Robertson has resigned from the court in protest of the administration’s warrantless wiretapping program (see December 21, 2005). Roberts chooses as his replacement Judge Robert Bates, who voted to dismiss the General Accounting Office’s lawsuit attempting to force Vice President Cheney to release documents surrounding his energy task force (see May 10, 2005). [Savage, 2007, pp. 262]

Entity Tags: John G. Roberts, Jr, Robert Bates, Foreign Intelligence Surveillance Court, US Supreme Court, James Robertson

Timeline Tags: Civil Liberties

Viveca Novak.Viveca Novak. [Source: Annenberg Public Policy Center]The New York Times learns that a conversation between the lawyer for White House official Karl Rove and Time magazine reporter Viveca Novak led Rove to change his testimony to the grand jury investigating the Plame Wilson identity leak (see October 14, 2005). Novak told Rove’s lawyer, Robert Luskin, that her colleague at Time, Matthew Cooper, had possibly learned of Valerie Plame Wilson’s CIA status from Rove (see March 1, 2004). Special prosecutor Patrick Fitzgerald has summoned Novak to testify before his grand jury about the Luskin conversation. Sources say Fitzgerald is still determining whether Rove has been truthful and forthcoming in his multiple testimonies before the jury, and whether he altered his testimony after learning that Cooper might identify him as a source (see October 15, 2004). Previously, Rove testified that he only spoke to columnist Robert Novak (no relation to Viveca Novak) about Plame Wilson’s secret CIA identity (see July 8, 2003), and failed to disclose his similar leak to Cooper (see 11:00 a.m. July 11, 2003). Rove testified that he simply forgot about his conversation with Cooper during previous testimony. [Washington Post, 11/29/2005; New York Times, 12/2/2005] Progressive media watchdog organization Media Matters notes that Novak never disclosed her conversation with Luskin to Fitzgerald, and failed to inform her readers of her contacts and her knowledge of the case in several articles she wrote about the investigation subsequent to her conversation with Luskin. Media Matters also notes that Novak “provid[ed] Luskin with information that might prove crucial to Rove’s defense in the case.… Novak, an experienced journalist working for a prestigious publication, disclosed to Rove’s lawyer information that she did not give to her readers and that Cooper would zealously try to withhold for more than a year on the basis of the purportedly sacrosanct anonymity agreement between a reporter and a source.… Novak may have affirmatively helped Rove—a source the magazine covers and will continue to cover—beat a perjury rap, not by exonerating him through a story in the course of her job, but by providing his lawyer with information in a private conversation.… Novak apparently felt free to disclose to Rove’s lawyer that Cooper might be compelled to testify before a grand jury about the conversation between Cooper and Rove, but she did not accord Time readers the same privilege.” [Media Matters, 12/2/2005] The Washington Post notes that Luskin and Novak are friends. [Washington Post, 11/29/2005]

Entity Tags: Valerie Plame Wilson, Media Matters, Matthew Cooper, Karl C. Rove, Patrick J. Fitzgerald, Robert Novak, Viveca Novak, Robert Luskin

Timeline Tags: Niger Uranium and Plame Outing

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