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Context of 'May 23, 2006: Two CIA Officials Will Testify against Libby'

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Vice President Dick Cheney asks his morning intelligence briefer, CIA briefer David Terry, about the Defense Intelligence Agency’s recent analysis (see February 12, 2002) of SISMI’s February 5 report (see February 5, 2002) suggesting that Iraq attempted to purchase uranium from Niger. [Time, 7/21/2003; New Yorker, 10/27/2003; US Congress, 7/7/2004] Cheney is reportedly dissatisfied with his briefer’s initial response, and asks the agency to take another look (see Shortly after February 12, 2002). [CIA Task Sheet, 2/13/2002; New Yorker, 10/27/2003] Cheney’s questions quickly reach the desk of senior CIA case officer Valerie Plame Wilson, who accepts the suggestion of another CIA officer to send her husband, Joseph Wilson, to Niger to investigate the claims (see February 13, 2002). [Wilson, 2007, pp. 108-110]

Entity Tags: Valerie Plame Wilson, Joseph C. Wilson, Central Intelligence Agency, Richard (“Dick”) Cheney, David Terry, Counterproliferation Division

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

Joseph Wilson and Valerie Plame Wilson.Joseph Wilson and Valerie Plame Wilson. [Source: Haraz N. Ghanbari / Associated Press]Officials in the CIA’s Directorate of Operations (DO) Counterproliferation Division (CPD) decide to send former ambassador Joseph Wilson to Niger to investigate allegations that Iraq sought to procure uranium from that country. Wilson’s wife, Valerie Plame Wilson, a senior CPD officer (see April 2001 and After), relays the request to him explaining that “there’s this crazy report” asserting that Iraq made a deal with Niger on the sale of a large quantity of uranium. [US Congress, 7/7/2004] Shortly afterwards, she sends an overseas cable requesting concurrence with the agency’s decision to send her husband to Niger (see February 13, 2002). She writes, “[B]oth State and [the Department of Defense] have requested additional clarification and indeed, the vice president’s office just asked for background information” (see (February 13, 2002)). [US Congress, 7/7/2004]

Entity Tags: Counterproliferation Division, Central Intelligence Agency, Joseph C. Wilson, Valerie Plame Wilson

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

Joseph Wilson.Joseph Wilson. [Source: public domain]The CIA sends Joseph C. Wilson, a retired US diplomat, to Niger to investigate claims that Iraq had sought to purchase uranium from that country (see February 13, 2002). The CIA pays Wilson’s expenses for the trip, but does not pay him in any other respect. The identity of the party who requests the mission is later disputed. While Wilson will claim the trip was requested directly by Dick Cheney’s office, other sources will indicate that the CIA had decided (see February 19, 2002) that a delegation to Niger was needed in order to investigate questions raised by one of Dick Cheney’s aides (see (February 13, 2002)). [New York Times, 5/6/2003; Washington Post, 6/12/2003 pdf file; Independent, 6/29/2003; New York Times, 7/6/2003; US Congress, 7/7/2004]
Reason behind Request - Former CIA analyst Melvin Goodman will later note that “Wilson was asked to go to Niger for one specific purpose. It was the CIA’s idea to get Cheney off their backs. Cheney would not get off their backs about the yellowcake documents. They couldn’t get Cheney to stop pressing the issue. He insisted that was the proof of reconstitution of [Iraq’s nuclear] program.” [Dubose and Bernstein, 2006, pp. 214]
Normal Skepticism - Wilson goes into the situation with a healthy dose of skepticism. “My skepticism was the same as it would have been with any unverified intelligence report, because there is a lot of stuff that comes over the transom every day,” he will recall in 2006. Wilson knows nothing of the influence of the Pentagon neoconservatives (see July 8, 1996, January 26, 1998, July 1998, September 2000, Late December 2000 and Early January 2001, Shortly after January 20, 2001, and Shortly After September 11, 2001) or the growing rift in the intelligence community over the reports: “I was aware that the neocons had a growing role in government and that they were interested in Iraq,” he will recall. “But the administration had not articulated a policy at this stage.” He is not given a copy of the Niger documents before leaving for Africa, nor is he told of their history. “To the best of my knowledge, the documents were not in the possession of the [CIA] at the time I was briefed,” he will recall. “The discussion was whether or not this report could be accurate. During this discussion, everyone who knew something shared stuff about how the uranium business worked, and I laid out what I knew about the government in Niger, what information they could provide.” With this rather sketchy preparation, Wilson leaves for Niger. [Unger, 2007, pp. 240; Wilson, 2007, pp. 113] Wilson’s wife, senior CIA case officer Valerie Plame Wilson, will later write, “He figured that if the vice president had asked a serious and legitimate question, it deserved a serious answer and he would try to help find it.” [Wilson, 2007, pp. 111]
No Trouble Finding Information - Wilson, who knows the Nigerien government and many of its officials, has little trouble finding the information he needs in the following week. In 2006, he will recall: “Niger has a simplistic government structure. Both the minister of mines and the prime minister had gone through the mines. The French were managing partners of the international consortium [which handles Niger’s uranium]. The French mining company actually had its hands on the project. Nobody else in the consortium had operators on the ground.” Wilson also personally knows Wissam al-Zahawie, Iraq’s ambassador to the Vatican who supposedly negotiated the uranium deal with Niger (see February 1999). Wilson will later observe: “Wissam al-Zahawie was a world-class opera singer, and he went to the Vatican as his last post so he could be near the great European opera houses in Rome. He was not in the Ba’athist inner circle. He was not in Saddam [Hussein]‘s tribe. The idea that he would be entrusted with the super-secret mission to buy 500 tons of uranium from Niger is out of the question.” [Unger, 2007, pp. 240-241] Wilson meets with, among other officials, Niger’s former minister of mines, Mai Manga. As later reported by the Senate Intelligence Committee (see July 9, 2004), Manga tells Wilson “there were no sales outside of International Atomic Energy Agency (IAEA) channels since the mid-1980s,” and he “knew of no contracts signed between Niger and any rogue states for the sale of uranium.” Manga says a “French mining consortium controls Nigerien uranium mining and keeps the uranium very tightly controlled from the time it is mined until the time it is loaded onto ships in Benin for transport overseas,” and, “it would be difficult, if not impossible, to arrange a special shipment of uranium to a pariah state given these controls.” [CounterPunch, 11/9/2005]
Meeting with US Ambassador - Wilson arrives in Niger on February 26, two days after Marine General Carlton W. Fulford Jr.‘s meeting (see February 24, 2002) with Nigerien officials. Wilson first meets with US Ambassador to Niger Barbro Owens-Kirkpatrick, a veteran Foreign Service official, whom Wilson will later describe as “crisp” and well-informed. Over tea in the US Embassy offices in Niamey, Niger’s capital, Owens-Kirkpatrick tells Wilson that she has already concluded that the allegations of uranium sales to Iraq are unfounded. “She had already debunked them in her reports to Washington,” Wilson will later recall. “She said, yeah, she knew a lot about this particular report. She thought she had debunked it—and, oh, by the way, a four-star Marine Corps general had been down there as well—Carlton Fulford. And he had left satisfied there was nothing to report.” [Wilson, 2004, pp. 20-22]
Details of Alleged Uranium Production - Niger extracts uranium from two mines, both located in remote locations in the Sahara Desert. It takes well over a day to drive from the mines to Niamey. The mines are owned by a consortium of foreign companies and the Nigerien government, and managed by a French mining company, COGEMA. Because of a recent upswing in the production of Canadian uranium, Niger’s uranium is mined at a net loss, and its only customers are consortium members. Wilson will later write, “[T]he Nigerien government has sold no uranium outside the consortium for two decades.” If Iraq had bought 500 tons of uranium, as the story is told, that would have represented a 40 percent production increase. “There is no doubt,” Wilson will later write, “that such a significant shift from historic production schedules would have been absolutely impossible to hide from the other partners, and most certainly from the managing partner, COGEMA. Everyone involved would have known about it.” Any Nigerien government decision to produce such an amount of uranium would have involved numerous government officials and many well-documented meetings. Because the transaction would have been to a foreign country, Niger’s Foreign Ministry would also have been involved in the decision. To sell Iraq uranium during that time would have been a violation of international law and of UN sanctions against Iraq, a weighty decision that would have ultimately been made by the president of Niger in conjuction with the foreign minister and the minister of mines. Such a decision would have been published in the Nigerien equivalent of the Federal Register and would have dramatic tax and revenue implications. The unexpected huge infusion of cash from the sale would have had a strong impact on the Nigerien economy, and would have been much anticipated and talked about throughout the Nigerien business community. [Wilson, 2004, pp. 22-25]
Off-the-Books Production Virtually Impossible - It is conceivable that such an enormous operation could have been conducted entirely “off the books,” Wilson will write, but virtually impossible to pull off. True, a military junta was in power at the time of the alleged sale, one that felt no responsibility or accountability to the Nigerien people. But even a secret transaction would have been impossible to conceal. Such a transaction would have involved thousands of barrels of clandestinely shipped uranium, extensive and complex adjustments to shipping schedules, and other ramifications. “It simply could not have happened without a great many people knowing about it, and secrets widely known do not remain hidden for long. And again, COGEMA, as the managing partner, would have had to know and be complicit.” Add to that Niger’s dependence on US foreign economic aid and its unwillingness to threaten the loss of that aid by secretly shipping uranium to a country that the US considers a dangerous rogue nation. All told, Wilson concludes, the possibility of such a clandestine operation is remote in the extreme. [Wilson, 2004; Wilson, 2004]
1999 Meeting with Iraqi Official - While speaking with a US Embassy official, Wilson learns about a 1999 meeting between the embassy official and an Iraqi representative in Algiers, perhaps in concert with a similar meeting between Iraqi officials and Niger’s prime minister (see June 1999). [Wilson, 2004, pp. 27-28]
Confirmation that Allegations are Unrealistic - After spending several days talking with current government officials, former government officials, and people associated with the country’s uranium business, Wilson concludes the rumors are completely false. He will later call the allegations “bogus and unrealistic.” [Washington Post, 6/12/2003 pdf file; Knight Ridder, 6/13/2003; Independent, 6/29/2003; New York Times, 7/6/2003; CBS News, 7/11/2003; Vanity Fair, 1/2004; Wilson, 2004, pp. 20-28, 424; Vanity Fair, 5/2004, pp. 282; Wilson, 2007, pp. 113]

Entity Tags: Barbro Owens-Kirkpatrick, Wissam al-Zahawie, Carlton W. Fulford, COGEMA, Mai Manga, Valerie Plame Wilson, Muhammad Saeed al-Sahhaf, Melvin A. Goodman, Central Intelligence Agency, Richard (“Dick”) Cheney, Joseph C. Wilson

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

According to the subsequent investigation by special counsel Patrick Fitzgerald, Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby, calls the State Department to ask about the results of former ambassador Joseph Wilson’s trip to Niger (see February 21, 2002-March 4, 2002). Libby is particularly interested in learning who the “unnamed ambassador” was, and who sent Wilson to Niger. [Raw Story, 11/2/2005; Dubose and Bernstein, 2006, pp. 216] According to the New York Times, Libby asks an undersecretary of state, presumably Marc Grossman (see 12:00 p.m. June 11, 2003), for the information. [New York Times, 2006] Grossman later testifies that Libby did indeed contact him for the information (see January 23-24, 2007). Grossman is allegedly involved in a nuclear smuggling ring (see (1997-2002) and Summer 2001), and knows Wilson’s wife, Valerie Plame Wilson, is investigating the ring (see Summer-Autumn 2001).
Libby Contacts Bolton? - However, according to a 2005 report by the news Web site Raw Story, Libby asks Undersecretary of State John Bolton for the information regarding Wilson’s mission to Niger. Bolton refers the query to Grossman, who directs the State Department’s intelligence arm, the Bureau of Intelligence and Research (INR), to prepare a report concerning Wilson and his trip (see June 10, 2003). Within days, Grossman informs Libby of Wilson’s identity. The INR memo is written as part of a work-up order orchestrated by the White House Iraq Group (WHIG—see August 2002). [Raw Story, 11/2/2005; CounterPunch, 11/9/2005]
CIA Tells Bolton of Plame Wilson's Identity - Bolton also learns that Wilson’s wife, Valerie Plame Wilson, is a CIA official. He learns this from his chief of staff, Frederick Fleitz, who also serves as a senior CIA Weapons Intelligence, Nonproliferation, and Arms Control official. Bolton tells his aide David Wurmser, who is working concurrently in Cheney’s office. Wurmser passes the information along to another Cheney aide, John Hannah. Around June 11, Fleitz will inform Libby of Plame Wilson’s status (see (June 11, 2003)).
Bolton's Connections to CIA - According to Raw Story, Bolton has “his own connections to agents at the CIA who share… his political philosophy on Iraq.” Greg Thielmann, a former director at the State Department who was assigned to Bolton and entrusted with providing him with intelligence information, will later say of Bolton, “He surrounded himself with a hand-chosen group of loyalists, and found a way to get CIA information directly.” [Raw Story, 11/2/2005]

Entity Tags: US Department of State, Valerie Plame Wilson, White House Iraq Group, Richard (“Dick”) Cheney, Marc Grossman, Weapons Intelligence, Nonproliferation, and Arms Control, Joseph C. Wilson, Lewis (“Scooter”) Libby, Bureau of Intelligence and Research, Central Intelligence Agency, Frederick Fleitz, David Wurmser, John Hannah, John R. Bolton, Greg Thielmann

Timeline Tags: Niger Uranium and Plame Outing

Marc Grossman, the undersecretary of state for political affairs, prepares a memo about former ambassador Joseph Wilson’s trip to Niger to ascertain the truth or falsity of claims that Iraq had attempted to purchase uranium from that nation (see February 21, 2002-March 4, 2002). The memo refers explicitly to Wilson’s wife, Valerie Plame Wilson, as a CIA official and identifies her as Wilson’s wife, using the name “Valerie Wilson.” The second paragraph of the memo is marked with an “S,” denoting that Wilson is a covert operative for the agency. [New York Times, 7/16/2005; Rich, 2006, pp. 180]
Memo Based on Information from State Department's Intelligence Bureau - Grossman prepares his memo based on information he receives from Carl Ford of the State Department’s in-house intelligence agency, the Bureau of Intelligence and Research (INR). Ford, in a paragraph marked SNF for “secret, not foreign,” cites “Valerie Wilson, a CIA WMD manager and the wife of Joe Wilson.” [US Department of State, 6/10/2003 pdf file; Washington Post, 7/21/2005]
INR: Wilson a 'Walk On' - The INR report calls Wilson a “walk on,” and goes on to note: “From what we can find in our records, Joe Wilson played only a walk-on part in the Niger/Iraq uranium story. In a February 19, 2002 meeting convened by Valerie Wilson (see February 19, 2002), [a] CIA WMD manager and the wife of Joe Wilson, he previewed his plans and rationale for going to Niger but said he would only go if the department thought his trip made sense.” [US Department of State, 6/10/2003 pdf file; ABC News, 1/24/2007]
Libby Originated Request for Information on Wilsons; Memo Contains Erroneous Material - The memo is prepared by Grossman at the request of the INR; the INR in turn responded to a request from Lewis “Scooter” Libby, the vice president’s chief of staff. The memo claims that Plame Wilson “apparently convened” the CIA meeting that resulted in her husband’s selection for the investigative journey to Niger, a claim that Plame Wilson will later note is erroneous. According to Plame Wilson, Doug Rohn, the INR official who joined the February 2002 CIA meeting about Wilson’s proposed trip (see February 13, 2002), was late to the meeting and was not sure about Plame Wilson’s role. She had already left the meeting by the time Rohn arrived. When Grossman wrote his memo in June 2003, Rohn had left Washington to become the consul general in Karachi, Pakistan. Another analyst, Neil Silver, actually writes the memo for Grossman using Rohn’s old notes. Silver states as a fact that Plame Wilson convened the meeting. Authors Michael Isikoff and David Corn will later write: “Inadvertently, Rohn’s uninformed impression was now portrayed as a hard-and-fast truth. It would soon become, in the hands of White House spinners, a political charge.” The rest of the memo is fairly accurate, Plame Wilson will observe, and notes that, as the INR memo says: “Joe Wilson played only a walk-on part in the Niger-Iraq uranium story.… [H]e previewed his plans and rationale for going to Niger, but said he would only go if the [State] Department thought that his trip made sense.” [Wilson, 2007, pp. 261-262]

Entity Tags: Neil Silver, Marc Grossman, Lewis (“Scooter”) Libby, Central Intelligence Agency, Douglas Rohn, Bureau of Intelligence and Research, Valerie Plame Wilson, David Corn, Joseph C. Wilson, Michael Isikoff

Timeline Tags: Niger Uranium and Plame Outing

Frederick Fleitz, the chief of staff for Undersecretary of State John Bolton, informs Vice President Dick Cheney’s chief of staff Lewis Libby that the wife of former ambassador Joseph Wilson is a CIA official (see June 10, 2003). Fleitz, who is also a CIA officer at the Weapons Intelligence, Nonproliferation, and Arms Control (WINPAC) desk, is responding to an inquiry from Libby about the fact-finding trip to Niger by Wilson (see February 21, 2002-March 4, 2002 and May 29, 2003). Fleitz tells Libby that Wilson’s wife, whom he does not name but who is Valerie Plame Wilson, works at the CIA, and is believed to have been responsible for sending Wilson to Niger. [Raw Story, 11/2/2005]

Entity Tags: Frederick Fleitz, Lewis (“Scooter”) Libby, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

According to the investigation by special counsel Patrick Fitzgerald, Vice President Cheney’s chief of staff, Lewis Libby, learns from Undersecretary of State Marc Grossman that former ambassador Joseph Wilson’s wife, Valerie Plame Wilson, is an undercover CIA agent (see June 10, 2003). Grossman tells Libby that “Joe Wilson’s wife works for the CIA,” and that State Department personnel are saying that Wilson’s wife was involved in planning Wilson’s trip to Niger (see February 21, 2002-March 4, 2002). [Dubose and Bernstein, 2006, pp. 216; Marcy Wheeler, 1/23/2007] Plame Wilson was working on counterproliferation issues for the CIA, and Grossman is allegedly involved in a nuclear smuggling ring (see (1997-2002) and Summer 2001). Grossman tipped the ring off to Plame Wilson’s attempts to penetrate it in the summer of 2001 (see Summer-Autumn 2001). Libby also receives the same information from an unnamed senior CIA official. [MSNBC, 2/21/2007] According to Libby’s 2005 indictment for perjury and obstruction of justice (see October 28, 2005), “Libby spoke with a senior officer of the CIA to ask about the origin and circumstances of Wilson’s trip (see February 21, 2002-March 4, 2002), and was advised by the CIA officer that Wilson’s wife worked at the CIA and was believed to be responsible for sending Wilson on the trip.” The next day, according to the indictment, Cheney will tell Libby that Plame Wilson works for the CIA’s counterproliferation division (see (June 12, 2003)). [National Journal, 2/2/2006]

Entity Tags: Valerie Plame Wilson, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Central Intelligence Agency, Joseph C. Wilson, Marc Grossman

Timeline Tags: A. Q. Khan's Nuclear Network, Niger Uranium and Plame Outing

Lewis “Scooter” Libby, chief of staff for Vice President Dick Cheney, phones senior CIA official Robert Grenier to ask about a recent trip to Niger by former ambassador Joseph Wilson (see February 21, 2002-March 4, 2002). Libby has just left a meeting with Cheney and Cheney’s press secretary, Cathie Martin. According to later testimony by Grenier (see January 24, 2007), Libby is “anxious” to learn about the trip, and obviously annoyed by Wilson’s claims that he was sent to Niger at the behest of Cheney. Grenier, the official in charge of the CIA’s actions as relating to Iraq, promises to look into the matter, but before he can speak again to Libby, the chief of staff pulls him out of a meeting with CIA Director George Tenet to ask him about Wilson. [Office of the Vice President, 6/11/2003 pdf file; New York Times, 2/4/2007; MSNBC, 2/21/2007; Marcy Wheeler, 6/6/2007]
Libby Discusses Feasibility of Leaking Wilson Info - Grenier will later testify that he had never been pulled out of a meeting with Tenet before. Libby had already asked about Wilson, who was, according to Libby, “going around town and speaking to people in the press” about a mission he’d been sent on by the agency to investigate claims that Iraq had sought to buy yellowcake uranium from Niger (see February 21, 2002-March 4, 2002). Libby tells Grenier to check out Wilson’s story, and find out if Wilson’s claim that his mission was prompted by the Office of the Vice President is true (see (February 13, 2002)). “He sounded a little bit aggrieved,” Grenier will later testify. “There was a slightly accusatory tone in his voice.” This tone suggests to Grenier that Libby “would need this information sooner than later, so he could potentially get out in front of this story.” Later that day, Grenier receives a call from the CIA’s counterproliferation division—Valerie Plame Wilson’s bureau—confirming that Wilson had been sent to Niger by the agency (see Shortly after February 13, 2002). Grenier calls Libby back and relays that information. The State Department and Pentagon were also interested in the results of Wilson’s investigation, Grenier tells Libby. Grenier also tells Libby that Wilson’s wife works in the same CIA unit as the one that sent Wilson to Niger. The information about Wilson and his wife seems to please Libby, Grenier will later recall. Libby speculates as to the feasibility of leaking that information to the press. Grenier contacts CIA public affairs official Bill Harlow and tells Libby, “We can work something out.” Libby then tells Grenier that Martin will coordinate the effort with Harlow and the CIA public affairs office (see 5:27 p.m. June 11, 2003). [Marcy Wheeler, 1/24/2007; ABC News, 1/24/2007; Mother Jones, 1/25/2007]
Grenier Wonders if He Revealed Identity of Agency Official - After hanging up, Grenier will later testify, he feels somewhat guilty, “as if I had said too much.” In particular, he worries that he may have “revealed the identity of an agency officer.” He will testify that such information is something “we normally guard pretty closely. In the CIA our habit is that if we don’t need to say something, we generally don’t.” But, he later says he told himself, “look—this is a senior government official, he probably has every security clearance known to man.” [Marcy Wheeler, 1/24/2007; Mother Jones, 1/25/2007]

Entity Tags: Robert Grenier, Richard (“Dick”) Cheney, Office of the Vice President, Counterproliferation Division, Joseph C. Wilson, Lewis (“Scooter”) Libby, Central Intelligence Agency, George J. Tenet, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

After CIA official Robert Grenier calls Vice President Dick Cheney’s chief of staff, Lewis Libby, with the news that the agency sent former ambassador Joseph Wilson to Niger (see Shortly after February 13, 2002), and Wilson’s wife is a CIA official (see 2:00 p.m. June 11, 2003), CIA spokesman Bill Harlow calls Cheney’s communications director Cathie Martin. In the course of the conversation, Harlow tells Martin that Wilson’s wife works for the CIA. Martin then tells Cheney and Libby about Wilson and Wilson’s wife. [Office of the Vice President, 6/11/2003 pdf file; Marcy Wheeler, 1/24/2007; Marcy Wheeler, 1/25/2007]

Entity Tags: Lewis (“Scooter”) Libby, Bill Harlow, Catherine (“Cathie”) Martin, Central Intelligence Agency, Joseph C. Wilson, Robert Grenier, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Portion of Libby’s notes indicating the approximated date of June 12, 2003.Portion of Libby’s notes indicating the approximated date of June 12, 2003. [Source: Office of the Vice President / The Next Hurrah]Vice President Cheney informs his chief of staff, Lewis Libby, that Valerie Plame Wilson is a senior official for the CIA’s counterproliferation division. Cheney tells Libby that he has learned that information from CIA Director George Tenet (see June 11 or 12, 2003). Cheney’s conversation with Libby is made public over two years later, when Libby is indicted for perjury and obstruction of justice in regards to the investigation of White House officials leaking Plame Wilson’s identity to the press (see October 28, 2005). According to the indictment: “On or about June 12, 2003, Libby was advised by the vice president of the United States that [former ambassador Joseph] Wilson’s wife worked at the Central Intelligence Agency in the counterproliferation division. Libby understood that the vice president had learned this information from the CIA.” Cheney was within the law to inform Libby of Plame Wilson’s CIA employment, as he could with any government official with the proper security clearance. [Office of the Vice President, 6/12/2003 pdf file; Dubose and Bernstein, 2006, pp. 216; New York Times, 2006; National Journal, 2/2/2006; MSNBC, 2/21/2007] Libby has also learned of Plame Wilson’s CIA status from Marc Grossman of the State Department (see 12:00 p.m. June 11, 2003).
Date of Conversation Unclear - The exact date of the Cheney-Libby conversation is somewhat unclear. Libby’s note on the conversation is dated June 12, but Libby later admits that he wrote the date and the description of the conversation—“telephone VP re ‘Uranium in Iraq’—Kristof NYT article”—after the fact, and then changed the date at an even later time. [Office of the Vice President, 6/12/2003 pdf file; Marcy Wheeler, 2/3/2007; Marcy Wheeler, 6/6/2007] Libby will later testify that the date of the conversation might have been before June 12. [US Department of Justice, 3/5/2004 pdf file] He will also testify that Cheney tells him about Plame Wilson “in an off sort of, curiosity sort of, fashion,” according to other court documents later made public. [National Journal, 2/6/2006] Libby will soon inform a reporter of Plame Wilson’s CIA status (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). He is aware of Plame Wilson’s covert status (see 12:00 p.m. June 11, 2003).

Entity Tags: Joseph C. Wilson, George J. Tenet, Counterproliferation Division, Richard (“Dick”) Cheney, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Central Intelligence Agency

Timeline Tags: Niger Uranium and Plame Outing

According to the investigation by special counsel Patrick Fitzgerald, Vice President Dick Cheney’s chief of staff, Lewis Libby, discusses former ambassador Joseph Wilson (see February 21, 2002-March 4, 2002) and his wife, CIA agent Valerie Plame Wilson (see 12:00 p.m. June 11, 2003 and (June 12, 2003)), with his CIA briefer, Craig Schmall. According to Schmall’s later testimony (see January 24-25, 2007), Libby is annoyed over Wilson’s 2002 trip to Niger (see February 21, 2002-March 4, 2002). [Dubose and Bernstein, 2006, pp. 216; MSNBC, 2/21/2007] Libby asks Schmall why Wilson was told the trip originated from questions emanating from Cheney. Schmall’s handwritten notes indicate that Libby refers to “Joe Wilson” and “Valerie Wilson.” [Marcy Wheeler, 1/24/2007; New York Times, 2/4/2007]

Entity Tags: Valerie Plame Wilson, Patrick J. Fitzgerald, Central Intelligence Agency, Joseph C. Wilson, Craig Schmall, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Lewis “Scooter” Libby, chief of staff to Vice President Dick Cheney, “outs” a covert CIA agent to a reporter. Libby tells New York Times reporter Judith Miller, who has been a reliable outlet for administration leaks and disinformation (see December 20, 2001, August 2002, and May 1, 2003), that Valerie Plame Wilson is a CIA official. Plame Wilson is a covert CIA officer currently working at CIA headquarters on WMD issues in the Middle East. More importantly for Libby, she is the husband of former US ambassador Joseph Wilson, who went to Niger to verify the administration’s claims that Iraq had attempted to purchase uranium there (see February 21, 2002-March 4, 2002), and who has become an outspoken critic of the administration’s war policies both on television and in print (see July 6, 2003).
Libby Blames CIA for 'Slanted Intell' - Miller meets Libby at the Old Executive Building. Her focus is, as she has written in her notebook, “Was the intell slanted?” meaning the intelligence used to propel the US into war with Iraq. Libby is “displeased,” she notes, by what he calls the “selective leaking” of information to the press by the CIA. He calls it a “hedging strategy,” and Miller quotes him in her notes: “If we find it, fine, if not, we hedged.” Miller feels that Libby is trying to use the interview to set up a conflict between the White House and the CIA. He says that reports suggesting senior administration officials may have selectively used some intelligence reports to bolster their claims about Iraq while ignoring others are “highly distorted.” The thrust of his conversation, Miller will later testify (see September 30, 2005), is to try to blame the CIA for the intelligence failures leading up to the Iraq invasion. The CIA is now trying to “hedge” its earlier assessments, Libby says. He accuses it of waging what he calls a “perverted war” against the White House over the issue, and is clearly angry that it failed to, in his view, share its “doubts about Iraq intelligence.” He tells Miller, “No briefer came in [after the State of the Union address] and said, ‘You got it wrong, Mr. President.’”
Joseph Wilson and 'Valerie Flame' - Libby refers to “a clandestine guy,” meaning Wilson, and tells Miller that Cheney “didn’t know” about him, attempting to disassociate Cheney from any responsibility for Wilson’s trip. In her notes, Miller writes, “wife works in bureau?” and she will later testify that she is sure Libby is referring to the CIA. In her notes, she also writes the words “Valerie Flame,” a misspelled reference to Wilson’s wife. [New York Times, 10/16/2005; Vanity Fair, 4/2006; Unger, 2007, pp. 310; MSNBC, 2/21/2007]
No Story from Interview - Miller does not write a story based on the conversation with Libby. [New York Times, 10/16/2005; New York Times, 10/16/2005]
Libby a 'Good-Faith Source' - Miller will later recall Libby as being “a good-faith source who was usually straight with me.” [New York Times, 10/16/2005] She will note that she was not accustomed to interviewing high-level White House officials such as him. For Miller, Libby was “a major figure” and “one of the most senior people I interviewed,” she will say. “I never interviewed the vice president, never met the president, and have met Karl Rove only once. I operated at the wonk level. That is why all of this stuff that came later about my White House spin is such bullsh_t. I did not talk to these people.… Libby was not a social friend, like Richard Perle.” [Vanity Fair, 4/2006]
Initial Incorrect Dating by Times - In October, the New York Times will initially, and incorrectly, identify the date of this conversation as June 25. [New York Times, 10/8/2005]

Entity Tags: Judith Miller, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Joseph C. Wilson, Valerie Plame Wilson, Central Intelligence Agency

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Lewis Libby, the chief of staff for Vice President Dick Cheney, meets with New York Times reporter Judith Miller, during which time he gives Miller information he wants her to use to discredit administration critic Joseph Wilson (see 8:30 a.m. July 8, 2003). Libby tells Miller that Wilson’s wife, Valerie Plame Wilson, is a CIA agent. After meeting with Miller, Libby returns to the White House and immediately consults with Cheney’s chief counsel, David Addington. At Miller’s request, Libby had promised her that he would try to find out more about Wilson and his wife, and apparently he goes to Addington for additional information about the two, asking, according to court papers filed as part of Libby’s later indictment (see October 28, 2005), “in sum and substance, what paperwork there would be at the CIA if an employee’s spouse undertook an overseas mission.” Addington assures Libby that the classified information he divulged to Miller (see 7:35 a.m. July 8, 2003) was, by default, declassified once President Bush gave his permission to leak it: Addington tells Libby “that presidential authorization to publicly disclose a document amounted to a declassification of the document” (see July 12, 2003). Four days after Libby’s meetings with Miller and Addington, Libby speaks with Miller again, and gives her supplementary information about the Wilsons (see Late Afternoon, July 12, 2003). The information comes from court records and documents later made part of the special counsel’s investigation into the Plame Wilson leak. Nothing in those documents and records suggests that Addington broke the law, or had any role in, or knowledge of, leaking Plame Wilson’s identity to the press. However, as reporters Murray Waas and Paul Singer will later write: “Addington was deeply immersed in the White House damage-control campaign to deflect criticism that the Bush administration misrepresented intelligence information to make the case to go to war with Iraq, according to administration and Congressional sources. Moreover, as a pivotal member of the vice president’s office, Addington also attended strategy sessions in 2003 on how to discredit Wilson when the former ambassador publicly charged that the Bush administration misled the country in pushing its case for war, according to attorneys in the CIA leak probe” (see October 1, 2003). [Office of the Vice President, 7/8/2003 pdf file; US District Court for the District of Columbia, 8/27/2004 pdf file; US District Court for the District of Columbia, 10/28/2005 pdf file; National Journal, 10/30/2005]

Entity Tags: Richard (“Dick”) Cheney, Valerie Plame Wilson, Paul Singer, Lewis (“Scooter”) Libby, Judith Miller, Bush administration (43), Murray Waas, David S. Addington, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

The Library Lounge of the St. Regis Hotel, where Libby and Miller discussed the Wilsons.The Library Lounge of the St. Regis Hotel, where Libby and Miller discussed the Wilsons. [Source: Starwood Hotels]Lewis Libby, Vice President Dick Cheney’s chief of staff, meets with New York Times reporter Judith Miller for breakfast at the St. Regis Hotel in Washington, DC. Libby has already learned that Joseph Wilson’s wife, Valerie Plame Wilson, is an undercover CIA agent (see 12:00 p.m. June 11, 2003 and (June 12, 2003)).
Again Reveals Plame Wilson's CIA Identity - During their two-hour meeting, Libby again tells Miller, who will testify to this conversation over two years hence (see September 30, 2005), that Wilson’s wife is a CIA agent (see June 23, 2003), and this time tells Miller that she works with WINPAC, the CIA’s Weapons Intelligence, Non-Proliferation, and Arms Control bureau that deals with foreign countries’ WMD programs.
Claims that Iraq Tried to Obtain African Uranium - Libby calls Wilson’s Times op-ed (see July 14, 2003) inaccurate, and spends a considerable amount of time and energy both blasting Wilson and insisting that credible evidence of an Iraq-Niger uranium connection indeed exists. He also says that few in the CIA were ever aware of Wilson’s 2002 trip to Niger to verify the uranium claims (see February 21, 2002-March 4, 2002). Miller will write: “Although I was interested primarily in my area of expertise—chemical and biological weapons—my notes show that Mr. Libby consistently steered our conversation back to the administration’s nuclear claims. His main theme echoed that of other senior officials: that contrary to Mr. Wilson’s criticism, the administration had had ample reason to be concerned about Iraq’s nuclear capabilities based on the regime’s history of weapons development, its use of unconventional weapons, and fresh intelligence reports.” Libby gives Miller selected information from the classified National Intelligence Estimate on Iraq (NIE—see October 1, 2002) that he says backs up the administration’s claims about Iraqi WMD and the Iraq-Niger uranium claim. That information will later be proven to be false: Cheney has instructed Libby to tell Miller that the uranium claim was part of the NIE’s “key judgments,” indicating that there was consensus on the claim’s validity. That is untrue. The claim is not part of the NIE’s key judgments, but is contained deeper in the document, surrounded by caveats such as the claims “cannot [be] confirm[ed]” and the evidence supporting the claim is “inconclusive.” Libby does not inform Miller about these caveats. [New York Times, 10/16/2005; Dubose and Bernstein, 2006, pp. 216-217; Rich, 2006, pp. 183-184; Washington Post, 4/9/2006] In subsequent grand jury testimony (see March 24, 2004), Libby will admit to giving Miller a bulleted copy of the talking points from the NIE he wanted her to emphasize. He will tell prosecutor Patrick Fitzgerald that he had it typed by his assistant Jenny Mayfield. “It was less than what I had been authorized to share with her,” he will say, and describes it as about a third of a page in length. This document will either not be submitted into evidence in Libby’s trial (see January 16-23, 2007) or not be made publicly available. [Marcy Wheeler, 2/22/2007]
Libby Identified as 'Former Hill Staffer' and Not White House Official - Miller agrees to refer to Libby as a “former Hill staffer” instead of a “senior administration official” in any story she will write from this interview. Though technically accurate, that characterization, if it had been used, would misdirect people into believing the information came from someone with current or former connections to Congress, and not from the White House. Miller will not write a story from this interview. In later testimony before a grand jury, Libby will falsely claim that he learned of Plame Wilson’s CIA identity “from reporters.” The reverse is actually true. [New York Times, 10/16/2005; Dubose and Bernstein, 2006, pp. 216-217; Rich, 2006, pp. 183-184] Libby is also apparently aware of Wilson’s 1999 trip to Niger to find out whether Pakistani scientist A. Q. Khan had tried to procure Nigerien uranium (see Late February 1999), as Libby’s notes include the notation “Khan + Wilson?” Cheney’s chief lawyer, David Addington, has also asked Libby about Wilson’s 1999 trip. [Wilson, 2007, pp. 361-362] Libby has authorization from Cheney to leak classified information to Miller, and understands that the authorization comes directly from President Bush (see 7:35 a.m. July 8, 2003). It is unclear whether Libby has authorization from Cheney or Bush to divulge Plame Wilson’s CIA identity.
Miller Learned Plame Wilson Identity from Libby - Miller will later testify that she did not learn Plame Wilson’s identity specifically from Libby, but that testimony will be undermined by the words “Valerie Flame” (an apparent misspelling) written in her notes of this meeting. She will also testify that she pushed, without success, for her editors to approve an article about Plame Wilson’s identity. [New York Times, 10/16/2005]

Entity Tags: Jennifer Mayfield, Weapons Intelligence, Nonproliferation, and Arms Control, Judith Miller, Central Intelligence Agency, Abdul Qadeer Khan, Bush administration (43), Valerie Plame Wilson, Patrick J. Fitzgerald, Joseph C. Wilson, Lewis (“Scooter”) Libby, David S. Addington

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Lewis Libby, the chief of staff to Vice President Dick Cheney, and NBC News reporter and anchor Tim Russert speak on the telephone. Libby wants to complain to Russert about an MSNBC talk show host, Chris Matthews, and Matthews’s coverage of the Iraq-Niger controversy (see July 10, 2003). Libby will later claim that, during the conversation, Russert informs him that Valerie Plame Wilson, the wife of war critic Joseph Wilson, is a CIA officer. “All the reporters know” that Plame Wilson is a CIA officer, Libby will testify that Russert says. Russert will testify that he and Libby never discuss Plame Wilson (see November 24, 2003 and February 7-8, 2007), and at the time he has no knowledge of her CIA status. [US Department of Justice, 3/5/2004 pdf file; Washington Post, 1/10/2006; MSNBC, 2/21/2007] It is unclear whether Libby speaks to Russert before or after his conversation with White House political strategist Karl Rove, who tells him that he has “outed” Plame Wilson to columnist Robert Novak (see July 10 or 11, 2003).

Entity Tags: Robert Novak, Chris Matthews, Karl C. Rove, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Tim Russert

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Shortly after he reveals to columnist Robert Novak that Valerie Plame Wilson is a CIA agent (see July 8, 2003), White House political strategist Karl Rove advises Lewis Libby, the chief of staff to Vice President Dick Cheney, of the conversation. According to the 2005 indictment filed against Libby (see October 28, 2005), “Libby spoke to a senior official in the White House (Official A) who advised Libby of a conversation Official A had earlier that week with… Novak, in which [Joseph] Wilson’s wife was discussed as a CIA employee involved in Wilson’s trip. Libby was advised by Official A that Novak would be writing a story about Wilson’s wife.” Attorneys involved in the case will later confirm that “Official A” is Rove. [US District Court for the District of Columbia, 10/28/2005 pdf file; National Journal, 11/12/2005]

Entity Tags: Karl C. Rove, Joseph C. Wilson, Robert Novak, Valerie Plame Wilson, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Vice President Dick Cheney authorizes his chief of staff, Lewis Libby, to leak to the press selected portions of a highly classified CIA report: the debriefing of former ambassador Joseph Wilson upon his return from Niger (see March 4-5, 2002 and March 5, 2002). This will become public in 2006, when material from Libby’s grand jury testimony in the Plame Wilson leak investigation is made known (see March 5, 2004, March 24, 2004 and October 28, 2005). Cheney intends to undermine the credibility of Wilson (see June 2003), a prominent war critic, by using the report to contradict his statements that the Bush administration was manipulating intelligence to bolster its claims that Iraq was in possession of WMD (see July 6, 2003), especially his claims that Iraq had not, as the administration has repeatedly claimed (see Mid-January 2003 and 9:01 pm January 28, 2003), tried to buy uranium from Niger. The CIA debriefing report does not mention Wilson’s wife, Valerie Plame Wilson, a covert CIA agent, nor does it say that Plame Wilson arranged for her husband to go to Niger, as Cheney, Libby, and others will claim. [National Journal, 6/14/2006; National Journal, 1/12/2007] After Libby is indicted for perjury (see October 28, 2005), criminal defense lawyer Jeralyn Merritt will write on the progressive blog TalkLeft, “It sure sounds to me like the mechanics of the plan to leak the information about Wilson was cemented, if not formed, on Air Force Two, as a follow up to Ari Fleischer’s press gaggle attack on Wilson from Africa (see 3:20 a.m. July 12, 2003), and that the plan was to call reporters and leak the information about Wilson and his wife as gossip coming from other reporters, while shielding themselves by claiming to the reporters that they couldn’t be certain the information was true.” [Jeralyn Merritt, 10/31/2005]
Leaking Plame Wilson's Identity - Hours after Cheney instructs Libby to disclose information from the CIA report, Libby informs reporters Judith Miller (see Late Afternoon, July 12, 2003) and Matthew Cooper (see 2:24 p.m. July 12, 2003) that Plame Wilson is a CIA agent and she was responsible for selecting her husband for the Niger mission (see February 19, 2002, July 22, 2003, and October 17, 2003).
Denials - Both Libby and Cheney (see May 8, 2004) will testify that Cheney did not encourage or authorize Libby to reveal Plame Wilson’s CIA status. Reporter Murray Waas will write, “But the disclosure that Cheney instructed Libby to leak portions of a classified CIA report on Joseph Wilson adds to a growing body of information showing that at the time Plame [Wilson] was outed as a covert CIA officer the vice president was deeply involved in the White House effort to undermine her husband” (see July 7, 2003 or Shortly After, July 7-8, 2003, and July 8, 2003 and After). The same day, Cheney, Libby, and Cheney’s press spokesperson Cathie Martin discuss ways to rebut and discredit Wilson (see July 12, 2003). President Bush has already authorized Libby to disclose information from a classified intelligence estimate on Iraq in part to discredit Wilson (see March 24, 2004). [National Journal, 6/14/2006; National Journal, 1/12/2007] Senior White House officials, including Deputy National Security Director Stephen Hadley and White House communications director Dan Bartlett, who have both worked with Cheney and Libby to formally declassify information in the effort to discredit Wilson (see July 6-10, 2003), will testify that they knew nothing of Cheney’s attempts to declassify the Wilson briefing. [National Journal, 1/12/2007]

Entity Tags: Judith Miller, Central Intelligence Agency, Catherine (“Cathie”) Martin, Bush administration (43), Dan Bartlett, Joseph C. Wilson, Richard (“Dick”) Cheney, Matthew Cooper, Jeralyn Merritt, Murray Waas, Valerie Plame Wilson, Stephen J. Hadley, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Lewis Libby, the chief of staff for Vice President Dick Cheney, confirms to Time reporter Matthew Cooper that Valerie Plame Wilson is a CIA officer. Libby has been in regular communication with senior White House officials, including political strategist Karl Rove, to discuss how to discredit Plame Wilson’s husband, war critic Joseph Wilson. On July 11, the two spoke privately after a staff meeting. According to later testimony from both Rove and Libby, Rove told Libby that he had spoken to columnist Robert Novak on July 9 (see July 8 or 9, 2003), and that Novak would soon write a column about Plame Wilson (see July 14, 2003). Today, Libby joins Cheney and others flying to and from Norfolk, Virginia, aboard Air Force Two; on the return trip, Libby discusses with the others what he should say in response to media inquiries about Wilson’s recent column (see July 6, 2003 and July 12, 2003). After returning to Washington, Libby calls Cooper, a reporter for Time magazine, who has already learned from Rove that Plame Wilson is a CIA officer (see July 8, 2003 and 11:00 a.m. July 11, 2003). According to Libby’s 2005 indictment (see October 28, 2005), “Libby confirmed to Cooper, without elaboration or qualification, that he had heard this information, too,” that Plame Wilson was CIA. [National Journal, 3/30/2006] Libby speaks “on the record” to deny that Cheney had anything to do with the CIA’s decision to send Joseph Wilson to Niger (see July 6, 2003, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, and July 8, 2003). On background, Cooper asks Libby if he knows anything about Wilson’s wife being responsible for sending him to Niger. Libby replies, “Yeah, I’ve heard that too.” [Cooper, 7/12/2003 pdf file; Cooper, 7/12/2003 pdf file; United States Court of Appeals for the District of Columbia Circuit, 12/8/2004 pdf file; Time, 7/17/2005; US District Court for the District of Columbia, 10/28/2005 pdf file] Cheney’s communications director Cathie Martin and Libby’s aide Jenny Mayfield are present for Libby’s call to Cooper. [US District Court for the District of Columbia, 10/30/2006 pdf file] Later this afternoon, Libby phones New York Times reporter Judith Miller and discusses Plame Wilson’s CIA status (see Late Afternoon, July 12, 2003).

Entity Tags: Matthew Cooper, Jennifer Mayfield, Joseph C. Wilson, Catherine (“Cathie”) Martin, Bush administration (43), Karl C. Rove, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

New York Times reporter Judith Miller again speaks to Lewis Libby, Vice President Dick Cheney’s chief of staff, in regards to the Iraqi WMD controversy and the recent op-ed by former ambassador Joseph Wilson (see July 6, 2003). In Miller’s notes, she writes the words “Victoria Wilson.” Libby has twice informed Miller that Wilson’s wife, Valerie Plame Wilson, is a CIA agent (see June 23, 2003 and 8:30 a.m. July 8, 2003).
Miller Unsure of Details of Disclosure - In testimony about the interview two years later (see September 30, 2005), Miller will say that “before this [telephone] call, I might have called others about Mr. Wilson’s wife. In my notebook I had written the words ‘Victoria Wilson’ with a box around it, another apparent reference to Ms. Plame, who is also known as Valerie Wilson. I [testified] that I was not sure whether Mr. Libby had used this name or whether I just made a mistake in writing it on my own. Another possibility, I said, is that I gave Mr. Libby the wrong name on purpose to see whether he would correct me and confirm her identity.” In her testimony, Miller will say that at the time, she believed she had heard Wilson’s wife only referred to by her maiden name of Plame. When asked whether Libby gave her the name of Wilson, Miller will decline to speculate.
Criticizing Plame Wilson's Husband - During their conversation, Libby quickly turns the subject to criticism of Wilson, saying he is not sure if Wilson actually spoke to anyone who had knowledge of Iraq’s attempts to negotiate trade agreements with Niger. After Miller agrees to attribute the conversation to “an administration official,” and not Libby himself, Libby explains that the reference to the Iraqi attempt to buy uranium from Niger in President Bush’s State of the Union address—the so-called “sixteen words” (see 9:01 pm January 28, 2003)—was the product of what Miller will call “a simple miscommunication between the White House and the CIA.”
'Newsworthy' Disclosure - Miller will later testify that at the time, she felt it “newsworthy” that Wilson’s wife was a CIA agent, and recommended to her editors that the Times pursue the angle. She will write: “I felt that since the Times had run Mr. Wilson’s original essay, it had an obligation to explore any allegation that undercut his credibility. At the same time, I added, I also believed that the newspaper needed to pursue the possibility that the White House was unfairly attacking a critic of the administration.” [US District Court for the District of Columbia, 8/27/2004 pdf file; New York Sun, 10/4/2005; New York Times, 10/16/2005; New York Times, 10/16/2005; US District Court for the District of Columbia, 10/28/2005 pdf file]

Entity Tags: Lewis (“Scooter”) Libby, Judith Miller, Valerie Plame Wilson, Joseph C. Wilson, Central Intelligence Agency

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Lewis Libby, the chief of staff for Vice President Dick Cheney, approaches Cheney’s chief counsel David Addington with two questions. Libby, according to Addington’s testimony at Libby’s perjury and obstruction trial (see January 30, 2007), asks Addington whether the president has the authority to declassify government secrets and whether the CIA keeps paperwork documenting its work. Addington replies yes to both questions. Libby then says, “I just want to tell you, I didn’t do it.” Addington later testifies that he does not ask Libby what “it” is, but he surmises that Libby may be referring to Joseph Wilson’s criticism of the Iraq war. Prosecutor Patrick Fitzgerald later says he believes Libby is denying his involvement in the leak of CIA official Valerie Plame Wilson’s identity to the press (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, Late Afternoon, July 12, 2003, and July 10 or 11, 2003). [Washington Post, 1/30/2007; Associated Press, 1/30/2007]

Entity Tags: Joseph C. Wilson, David S. Addington, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Dick Cheney answering a question posed by Tim Russert on ‘Meet the Press.’Dick Cheney answering a question posed by Tim Russert on ‘Meet the Press.’ [Source: Life]Vice President Dick Cheney appears for an entire hour on NBC’s Meet the Press, and is interviewed by host Tim Russert. Cheney reiterates many of the administration’s claims about Iraq, including the necessity for the invasion, Iraqi WMD, the links between Iraq and al-Qaeda, the assertion that “most” Iraqis have greeted the US “as liberators,” and even the alleged connection between Iraq and the 9/11 attacks (which White House officials quickly repudiate—see September 14, 2003-September 17, 2003). Russert broaches the subject of former ambassador Joseph Wilson’s trip to Niger to investigate claims that Iraq had attempted to purchase uranium from that nation (see February 21, 2002-March 4, 2002). Russert asks Cheney, “Were you briefed on his findings in February, March of 2002?” Cheney responds: “No.… He never submitted a report that I ever saw when he came back.” Cheney is lying: he was given a copy of the CIA’s report on Wilson’s trip shortly after Wilson’s return from Niger (see March 5, 2002). He does admit to asking questions about the Iraq-Niger claims (see (February 13, 2002)). “And Joe Wilson—I don’t know who sent Joe Wilson,” he says. Despite this statement, Cheney is aware from the report that the CIA sent Wilson to Niger. Russert says, “The CIA did,” and Cheney responds, “Who in the CIA, I don’t know.” Cheney also states flatly that neither he nor his staff ever pressured the CIA to come up with intelligence that would bolster the administration’s rationale for war with Iraq. “I can’t think of a single instance,” he says. “I’m unaware of any where the community changed a judgment that they made because I asked questions.” Cheney is again lying: he and his chief of staff, Lewis Libby, made repeated trips to CIA headquarters that resulted in CIA analysts feeling heavily pressured to produce acceptable results to the White House (see 2002-Early 2003). [Meet the Press, 9/14/2003] In his testimonies before the grand jury investigating the Plame Wilson leak (see March 5, 2004 and March 24, 2004), Libby uses very similar language to Cheney’s in denying his knowledge of Wilson’s trip to Niger (see October 28, 2005). [Jeralyn Merritt, 10/31/2005]

Entity Tags: Joseph C. Wilson, Bush administration (43), Central Intelligence Agency, Richard (“Dick”) Cheney, Tim Russert, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

According to anonymous current and former intelligence officials, the CIA has carried out an in-house investigation of the damage done to the agency by the exposure of covert agent Valerie Plame Wilson (see June 13, 2003, June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, July 12, 2003, and July 14, 2003). That damage is described by the officials as “severe” and potentially far more damaging than has been previously reported, particularly to the agency’s ability to monitor Iran’s nuclear program (see February 13, 2006). The officials say that while CIA Director Porter Goss has not submitted a formal assessment of the damage caused by Plame Wilson’s exposure to Congressional oversight committees, the CIA’s Directorate of Operations did conduct a serious and aggressive investigation. That investigation, a “counter intelligence assessment to agency operations,” was ordered by the agency’s then-Deputy Director of the Directorate of Operations, James Pavitt. Former CIA counterintelligence officer Larry Johnson says that such an assessment would have had to have been carried out: “An exposure like that required an immediate operational and counter intelligence damage assessment. That was done. The results were written up but not in a form for submission to anyone outside of CIA.” A former counterintelligence officer says that the CIA’s reason for not submitting a report to Congress is that its top officials “made a conscious decision not to do a formal inquiry because they knew it might become public. They referred it [to the Justice Department] instead because they believed a criminal investigation was needed” (see September 16, 2003). According to that official, the assessment found the exposure of Plame Wilson caused “significant damage to operational equities.” Another counterintelligence official explains that “operational equities” includes both people and agency operations that involve the “cover mechanism,” “front companies,” and other CIA officers and assets. The assessment also shows that other CIA non-official cover (NOC) officers (see Fall 1992 - 1996) were compromised by Plame Wilson’s exposure. The officials will not say if American or foreign casualties were incurred as a result of her exposure. Several intelligence officials say it will take up to “10 years” for the agency to recover from the damage done by Plame Wilson’s exposure, and to recover its capability to adequately monitor nuclear proliferation on the level it had achieved prior to the White House’s leak of her identity. [Raw Story, 2/13/2006]

Entity Tags: Directorate of Operations, Central Intelligence Agency, Valerie Plame Wilson, James Pavitt, Porter J. Goss

Timeline Tags: Niger Uranium and Plame Outing

The Washington Post publishes an article stating that in July, two White House officials had leaked the name and CIA employment status of Valerie Plame Wilson to at least six reporters, and told the reporters that Plame Wilson had been responsible for sending her husband to Niger (see 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). The article is based on a leak of information by a “senior administration official.” Such an explosive leak is relatively rare from the Bush administration. Reporters Mike Allen and Dana Priest report, “It is rare for one Bush administration official to turn on another.” Asked about the motive for describing the leaks, the senior official says the leaks of Plame Wilson’s identity were “[c]learly… meant purely and simply for revenge.” The leaks were “wrong and a huge miscalculation, because they were irrelevant and did nothing to diminish [Joseph] Wilson’s credibility.” [Washington Post, 9/28/2003; Truthout (.org), 4/14/2006] The “senior administration official” will later be revealed to be State Department official Marc Grossman (see May 29, 2003, June 10, 2003, 12:00 p.m. June 11, 2003, and October 17, 2003). [Truthout (.org), 4/14/2006]
'1x2x6' Theory - Author and blogger Marcy Wheeler, covering the Plame Wilson leak and the subsequent perjury trial of Lewis Libby (see October 28, 2005) for the blogs The Next Hurrah and later Firedoglake, later writes that the Allen/Priest report states the “1x2x6 theory” of the leak, in which one anonymous source tells Allen and Priest that two senior White House officials called at least six Washington reporters to discuss Plame Wilson’s CIA status. Wheeler will note that one of those Washington reporters, Robert Novak, has denied being the White House’s “willing pawn” who leaked Plame Wilson’s identity when the other reporters refused (see July 14, 2003, September 29, 2003, and October 1, 2003). Wheeler will write, “Novak’s October 1 column was designed to refute the incredibly damaging quotes from the 1x2x6 source that clearly indicated the leak was planned.” She will speculate that the single anonymous source for Allen and Priest may be Secretary of State Colin Powell, but she will state that she is by no means sure, and has no proof of her speculation. [Marcy Wheeler, 8/29/2006]
Poor Reasoning - Wilson will later write that he is pleased to learn that “there was at least one Bush official who believed the conduct of his colleagues was ‘wrong.’ I was disappointed to read that he or she evidently judged it so not because it was a betrayal of national security but because it was beside the point and had done nothing to damage my credibility. Would the leak have been okay if it had really impeached my character and sent me skittering into some dungeon reserved for critics of the Bush administration?”
'Smear Campaign' Readied Well before Wilson Published Op-Ed - Wilson muses over the implications of the article. He concludes that if two White House officials had conducted such a large media campaign, “there must have been a meeting to decide on the action to take” (see June 2003). And because of the timing, the officials involved must have had the information on Plame Wilson “well before the appearance of my article on Sunday, July 6” (see July 6, 2003). How did the two officials learn of his wife’s status? he wonders. Was there a breach of security? Was the revelation of his wife’s identity inadvertent or deliberate? “Whatever the answers to these questions,” he will write, “I knew for certain that the initial disclosure of her status, whether deliberate or inadvertent, was the first damaging act, before the calls to all the journalists were placed.… [A] plan to attack me had been formed well before [the publication of his editorial]. It was cocked and ready to fire as soon as I crossed the trip wire and wrote about what I hadn’t found in Niger. My [editorial] triggered the attack, but I was not the only target of it. Now my wife was in their sights, as well. What then happened was not a case of the loose lips of an overly ardent junior defender of the administration flapping to one reporter, but an organized smear campaign directed from the highest reaches of the White House. A group of supposed public servants, collecting salaries paid by American taxpayers and charged with defending the national security of the country, had taken it upon itself to attack me by exposing the identity of a member of the CIA’s clandestine service, who happened to be my wife. Revenge and intimidation had been deemed more important than America’s national security for these co-conspirators.” [Wilson, 2004, pp. 385-387]

Entity Tags: Valerie Plame Wilson, Robert Novak, Washington Post, Marcy Wheeler, Joseph C. Wilson, Dana Priest, Colin Powell, Mike Allen, Central Intelligence Agency, Bush administration (43), Marc Grossman

Timeline Tags: Niger Uranium and Plame Outing

In the days after the Justice Department begins probing the Plame Wilson identity leak (see September 26, 2003 and September 29, 2003), Lewis “Scooter” Libby, the chief of staff to Vice President Dick Cheney, finds a reference in his notes that indicates he learned from Cheney that Valerie Plame Wilson was a covert CIA agent. According to his later testimony, Libby immediately goes to Cheney with the notes, in defiance of instructions from the FBI and the White House counsel’s office not to discuss the matter with colleagues (see September 29-30, 2003). “It turns out that I have a note that I had heard about” Plame Wilson’s CIA identity “from you,” Libby tells Cheney. Libby will later testify that Cheney “didn’t say much” in response. “You know, he said something about, ‘From me?’ something like that, and tilted his head, something he does commonly, and that was that.” [National Journal, 2/19/2007; Associated Press, 11/2/2009] Libby tells Cheney that his public story is that he learned of Plame Wilson’s identity from NBC bureau chief Tim Russert (see July 10 or 11, 2003). Cheney knows that the Russert story is untrue, but does nothing to discourage Libby from telling that story to the FBI (see October 14, 2003 and November 26, 2003) and a grand jury (see March 5, 2004 and March 24, 2004). Cheney also encourages White House press secretary Scott McClellan to publicly exonerate and defend Libby (see October 1, 2003, October 4, 2003, October 4, 2003, and October 5, 2003), who complains that the White House is not doing enough to protect him. In 2007, law professor and former federal prosecutor Dan Richman will say that any criminal interpretation of Cheney’s reaction to Libby’s story depends on the exact words the two men exchanged, and exactly what Cheney knew at the time. “Only Cheney and Libby know the import of their conversation, and as is often the case, each could have even come away with a different impression of what was meant” by what the other said, Richman will observe. “If Cheney was merely showing surprise and interest at what Libby [was] indicating to him he was going to tell investigators, then the vice president is innocent in the exchange. But if he had reason to believe, or personal knowledge, that what Libby was planning to say was untrue then there is good reason to view Cheney’s conduct in an entirely different light—an obstruction interpretation.” Libby knew that Plame Wilson was a CIA official a month before his discussion with Russert (see 12:00 p.m. June 11, 2003 and 2:00 p.m. June 11, 2003), and Cheney confirmed Plame Wilson’s CIA status to Libby around the same time (see (June 12, 2003)). [National Journal, 2/19/2007]

Entity Tags: Bush administration (43), Dan Richman, Richard (“Dick”) Cheney, Valerie Plame Wilson, Scott McClellan, Federal Bureau of Investigation, US Department of Justice, Lewis (“Scooter”) Libby, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

The leak of Valerie Plame Wilson’s identity as a CIA officer by conservative columnist Robert Novak (see July 14, 2003) has resulted in the exposure of a CIA front company, potentially causing widespread damage to overseas intelligence gathering. Yesterday, Novak revealed the name of the firm in another column (see October 2, 2003). The fictitious Boston firm, Brewster Jennings & Associates, appears in Federal Election Commission records on a 1999 form filled out by Plame Wilson when she donated $1,000 to the presidential campaign of Al Gore (D-TN). Once the Novak column was published, CIA officials admitted that it is a front. Brewster Jennings is listed as Plame Wilson’s employer on her 1999 tax forms, though she was working as an undercover CIA officer at the time. A former diplomat says that since Brewster Jennings and Plame Wilson have been exposed, every foreign intelligence service is running the names through their own databases to determine whether she ever visited their countries and what kinds of contacts she made there. “That’s why the agency is so sensitive about just publishing her name,” the former diplomat says. [Washington Post, 10/4/2003]
Plame's NOC Status, 'Legend' - As one of a very small, select number of “nonofficial cover” officers, Plame Wilson would have enjoyed little or no government protection had her cover been blown while she was overseas. Training officers such as her cost millions of dollars and require elaborate constructions of fictional background, called “legends,” including the creation of CIA front companies such as Brewster Jennings. The amount of damage caused by the outing of Plame Wilson and Brewster Jennings is incalculable. Former CIA counterterrorism chief Vincent Cannistraro says many other CIA agents and foreign assets are now endangered, and future attempts to convince foreign citizens to share information with US intelligence agencies will be hampered. Former CIA and State Department official Larry Johnson, who trained with Plame Wilson in 1985, says that when the damage is fully assessed, “at the end of the day, [the harm] will be huge and some people potentially may have lost their lives.” Johnson describes himself as “furious, absolutely furious” at the breach. “We feel like the peasants with torches and pitchforks,” he says. “The robber barons aren’t going to be allowed to get away with this.” Former CIA officer Jim Marcinkowski, who also trained with Plame Wilson, agrees: “This is not just another leak. This is an unprecedented exposing of an agent’s identity.” While the CIA continues to keep details of Plame Wilson’s career secret, it is known that she was attached to a US embassy in Europe in 1990 and 1991 (more information on her overseas postings will later be revealed—see Fall 1985, Fall 1989, Fall 1992 - 1996, and April 2001 and After). It is known that when Novak blew her cover, she was a senior case officer for the CIA’s counterproliferation division, working with intelligence about hostile countries and WMD. “All the people who had innocent lunches with her overseas or went shopping or played tennis with her, I’m sure they are having heart attacks right now,” says one former colleague who was also in covert operations. “I would be in hiding now if I were them.” [Washington Post, 10/8/2003; Knight Ridder, 10/11/2003]
Brewster Jennings Just One of Plame Wilson's Cover Firms - Former intelligence officials confirm that Brewster Jennings was just one of several cover affiliations that Plame Wilson used when she was operating overseas. “All it was was a telephone and a post office box,” says one former intelligence officer. “When she was abroad she had a more viable cover.” [Boston Globe, 10/10/2003] Cannistraro will later add that when Plame Wilson was operating undercover outside the US, she would have had a real job with a more legitimate company. The Boston company “is not an indicator of what she did overseas.” Now, those firms are themselves in jeopardy of exposure for working with US intelligence. [Wilson, 2007, pp. 343-344] In 2007, former CIA and National Security Council official Bruce Riedel will say: “I have looked at the part of her CV that is in the open domain. The agency spent an awful lot of effort building a really good cover for this person. A lot of effort. People who say this was not a covert operative don’t understand what they’re saying. This was intended to be a nonofficial cover person who would have the credentials to be a very serious operative. The damage done to the mission of the organization by exposing her, and how cover is built, is pretty serious.” [Wilson, 2007, pp. 343]

Entity Tags: Valerie Plame Wilson, Robert Novak, Vincent Cannistraro, Jim Marcinkowski, Central Intelligence Agency, Brewster Jennings, Counterproliferation Division, Albert Arnold (“Al”) Gore, Jr., Federal Election Commission, Larry C. Johnson, Bruce Riedel

Timeline Tags: Niger Uranium and Plame Outing

Knight Ridder reporter Warren Strobel publishes an analysis of the potential damage the Plame Wilson identity leak (see Fall 1992 - 1996 and July 14, 2003) has caused to the CIA and to US national security. According to current and former CIA officials interviewed by Strobel, revealing Plame Wilson’s identity “may have damaged US national security to a much greater extent than generally realized.” Former CIA and State Department official Larry Johnson says flatly, “At the end of the day, [the harm] will be huge and some people potentially may have lost their lives.” Strobel notes that Plame Wilson’s training cost the US “millions of dollars and requires the time-consuming establishment of elaborate fictions, called ‘legends,’ including in this case the creation of a CIA front company that helped lend plausibility to her trips overseas.” Conservative columnist Robert Novak not only outed Plame Wilson, but her front company, Brewster Jennings (see October 2, 2003), a revelation that former CIA counterterrorism chief Vincent Cannistraro says puts other CIA officers at risk as well (see October 3, 2003). Plame Wilson’s career, as a specialist in Iraqi WMD, is now over, costing the agency her expertise, knowledge, and, perhaps most irreplaceably, the network of operatives and sources she has built up over the years. Former CIA agent Jim Marcinkowski, now a prosecutor in Michigan, says: “This is not just another leak. This is an unprecedented exposing of an agent’s identity.” Johnson calls himself “furious, absolutely furious” at the security breach. [Knight Ridder, 10/11/2003] According to anonymous intelligence officials, the CIA performed an “aggressive,” in-house assessment of the damage done by her exposure, and found it to have been “severe” (see Before September 16, 2003). It is unlikely that Strobel is aware of this assessment.

Entity Tags: Warren Strobel, Robert Novak, Larry C. Johnson, Valerie Plame Wilson, Central Intelligence Agency, Brewster Jennings, Vincent Cannistraro, Jim Marcinkowski

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Jim Marcinkowski (left) and Larry Johnson.Jim Marcinkowski (left) and Larry Johnson. [Source: CNN]Former CIA case officer Jim Marcinkowski, a former classmate of outed CIA case officer Valerie Plame Wilson (see Fall 1985), is outraged by the revelation of Plame Wilson’s CIA status and the allegations that the leak of her identity is not a crime (see July 14, 2003 and September 29, 2003). Another former classmate of Plame Wilson’s, former CIA agent Larry Johnson, says: “[W]hat I keep seeing in the newspaper is the spin and leak that this is no big deal. And that’s got to stop.… The problem with this is a lot of the damage that has occurred is not going to be seen. It can’t be photographed. We can’t bring the bodies out because in some cases it’s going to involve protecting sources and methods. And it’s important to keep this before the American people. This was a betrayal of national security.” Marcinkowski concurs: “This is an unprecedented act. This has never been done by the United States government before. The exposure of an undercover intelligence officer by the US government is unprecedented. It’s not the usual leak from Washington. The leak a week scenario is not at play here. This is a very, very serious event.” Plame Wilson was an NOC, or nonofficial cover officer (see Fall 1992 - 1996). “It was the most dangerous assignment you could take. It takes a special sort of person,” says Marcinkowski, who is now a prosecutor in Michigan. Former CIA official Kenneth Pollack agrees, describing an NOC’s identity as the “holiest of holies.” Many believe that the outrage among the rank and file of CIA agents and officials at Plame Wilson’s outing was so strong that CIA Director George Tenet had little choice but to recommend that the Justice Department investigate the leak (see September 16, 2003). Marcinkowski says: “In this particular case, it was so far over the line, I think myself and a lot of us were truly outraged that the government would do this.… I mean, we kept our mouths closed since 1985, when we joined.” Johnson, noting that both he and Marcinkowski are registered Republicans, says: “As a Republican, I think we need to be consistent on this. It doesn’t matter who did it, it didn’t matter which party was involved. This isn’t about partisan politics. This is about protecting national security and national security assets and in this case there has been a betrayal, not only of the CIA officers there, but really a betrayal of those of us who have kept the secrets over the years on this point.” [Guardian, 10/22/2003; CNN, 10/24/2003]

Entity Tags: Jim Marcinkowski, Central Intelligence Agency, George J. Tenet, Valerie Plame Wilson, Larry C. Johnson, US Department of Justice, Kenneth Pollack

Timeline Tags: Niger Uranium and Plame Outing

Three former CIA agents, Brent Cavan, Jim Marcinkowski, and Larry Johnson, and one current CIA official who declines to be identified, prepare a joint statement for the Senate Intelligence Committee. Because of problems with travel arrangements, Marcinkowski appears alone.
'You Are a Traitor and You Are Our Enemy' - In a closed session, Marcinkowski delivers their statement, which reads in part: “We acknowledge our obligation to protect each other and the intelligence community and the information we used to do our jobs. We are speaking out because someone in the Bush administration seemingly does not understand this, although they signed the same oaths of allegiance and confidentiality that we did. Many of us have moved on into the private sector, where this agency aspect of our lives means little, but we have not forgotten our initial oaths to support the Constitution, our government, and to protect the secrets we learned and to protect each other. We still have friends who serve. We protect them literally by keeping our mouths shut unless we are speaking amongst ourselves. We understand what this bond or the lack of it means. Clearly some in the Bush administration do not understand the requirement to protect and shield national security assets. Based on published information we can only conclude that partisan politics by people in the Bush administration overrode the moral and legal obligations to protect clandestine officers and security assets. Beyond supporting Mrs. Wilson with our moral support and prayers we want to send a clear message to the political operatives responsible for this. You are a traitor and you are our enemy. You should lose your job and probably should go to jail for blowing the cover of a clandestine intelligence officer. You have set a sickening precedent. You have warned all US intelligence officers that you may be compromised if you are providing information the White House does not like.… Politicians must not politicize the intelligence community. President Bush has been a decisive leader in the war on terrorism, at least initially. What about decisiveness now? Where is the accountability he promised us in the wake of Clinton administration scandals? We find it hard to believe the president lacks the wherewithal to get to bottom of this travesty. It is up to the president to restore the bonds of trust with the intelligence community that have been shattered by this tawdry incident.”
Questions from Senators - One committee member, Chuck Hagel (R-NE), asks Marcinkowski if he believes the White House can investigate itself, a reference to the White House’s promise to conduct a thorough internal investigation (see March 16, 2007). Marcinkowski replies that if the attorney general is trying to intimidate federal judges, it is unlikely that he can be trusted to conduct such an investigation. Another senator, Christopher “Kit” Bond (R-MO), challenges Marcinkowski, demanding that he cease attacking “my friend” Attorney General John Ashcroft. According to Marcinkowski’s later recollection, “A total food fight ensued,” with committee member Dianne Feinstein (D-CA) accusing Bond of trying to intimidate a witness.
Immediate Classification - A few minutes after the hearing concludes, Marcinkowski learns that the entire hearing has been declared secret by committee chairman Pat Roberts (R-KS). Marcinkowski, who is scheduled to testify again before a Democrats-only hearing the next day, is incensed. He believes that Roberts deliberately scheduled the full committee hearing to come before the Democratic hearing, so he can classify Marcinkowski’s testimony and prevent him from testifying publicly in support of Plame Wilson. Marcinkowski decides to appear before the Democratic hearing anyway. He calls a Democratic staffer and says, “You call Roberts’s office and you tell him I said that he can go straight to hell.” Marcinkowski anticipates being arrested as soon as his testimony before the Democratic committee members, not knowing that Roberts has no authority to classify anything.
Democratic Hearing - Marcinkowski, joined by Johnson and former CIA counterterrorism chief Vincent Cannistraro, testifies before the committee’s Democrats. The last question is from Senate Minority Leader Tom Daschle (D-SD), who has this question whispered to him by ranking member John D. Rockefeller (D-WV). Rockefeller says: “I would like to ask Mr. Marcinkowski, who is an attorney, one more question. Do you think the White House can investigate itself?” After the hearing, Rockefeller grabs Marcinkowski’s hand and asks, “What did you think of the food fight yesterday?” [No Quarter, 7/18/2005; Wilson, 2007, pp. 382-386]

Entity Tags: George W. Bush, Chuck Hagel, Christopher (“Kit”) Bond, Central Intelligence Agency, Bush administration (43), Brent Cavan, Dianne Feinstein, Vincent Cannistraro, Senate Intelligence Committee, Clinton administration, Larry C. Johnson, John D. Rockefeller, John Ashcroft, Tom Daschle, Jim Marcinkowski, Pat Roberts, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Tim Russert, NBC’s bureau chief and host of Meet the Press, is interviewed by FBI agent John Eckenrode as part of the Plame Wilson leak investigation. One of the targets of the investigation, White House official Lewis Libby, has indicated that he learned about Valerie Plame Wilson’s CIA identity from Russert (see July 10 or 11, 2003). According to the report later compiled by Eckenrode, Russert recalls “one, and possibly two telephone conversations” between himself and Libby between July 6 and July 12, 2003. Eckenrode will write: “Russert does not recall stating to Libby, in this conversation, anything about the wife of former ambassador Joe Wilson. Although he could not completely rule out the possibility that he had such an exchange, Russert was at a loss to remember it, and moreover, he believes that this would be the type of conversation that he would or should remember. Russert acknowledged that he speaks to many people on a daily basis and it is difficult to reconstruct some specific conversations, particularly one which occurred several months ago.” [US District Court for the District of Columbia, 2/14/2006 pdf file]

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Senior CIA official Robert Grenier, who, as the agency’s mission manager, inquired about the Joseph Wilson mission to Niger on behalf of the vice president’s office (see 4:30 p.m. June 10, 2003), and told Vice President Dick Cheney’s chief of staff, Lewis Libby, that Valerie Plame Wilson was a CIA official (see 2:00 p.m. June 11, 2003), is interviewed by the FBI as part of the Plame Wilson investigation. Grenier tells FBI investigators of his June 11, 2003 conversation with Libby, regarding Wilson’s Niger trip and the CIA status of Wilson’s wife, Valerie Plame Wilson (see 2:00 p.m. June 11, 2003). Grenier says that he is not sure whether Plame Wilson’s name came up during the conversation, a story he will tell again to the grand jury investigating the Plame Wilson leak in January 2004, but will change when he testifies for the prosecution in the Libby perjury trial (see January 24, 2007). [Marcy Wheeler, 1/24/2007; Mother Jones, 1/25/2007; New York Times, 3/2007]

Entity Tags: Joseph C. Wilson, Federal Bureau of Investigation, Valerie Plame Wilson, Richard (“Dick”) Cheney, Robert Grenier, Lewis (“Scooter”) Libby, Central Intelligence Agency, Office of the Vice President

Timeline Tags: Niger Uranium and Plame Outing

Patrick Fitzgerald.Patrick Fitzgerald. [Source: US Department of Justice]Citing potential conflicts of interest, Attorney General John Ashcroft formally recuses himself from any further involvement in the investigation of the Valerie Plame Wilson identity leak (see September 26, 2003 and September 30, 2003). The Justice Department names Patrick Fitzgerald, the US attorney for the Chicago region, to handle the investigation. In a letter to Fitzgerald authorizing the position, Deputy Attorney General James Comey writes: “I hereby delegate to you all the authority of the attorney general with respect to the department’s investigation into the alleged unauthorized disclosure of a CIA employee’s identity, and I direct you to exercise that authority as special counsel independent of the supervision or control of any officer of the department.” Many believe that Ashcroft’s continued involvement has become politically untenable, and that the investigation has reached a point where his potential conflicts of interest can no longer be ignored. The White House steadfastly denies that any of its officials leaked Plame Wilson’s name to conservative columnist Robert Novak, who first outed Plame Wilson in his column (see July 14, 2003), or any other member of the press. The FBI has already spoken to White House political adviser Karl Rove, suspected of being one of Novak’s sources; Rove has close political ties to Ashcroft. Upon Ashcroft’s recusal, the investigation was given over to Comey, who immediately named Fitzgerald to head the investigation. Fitzgerald and Comey, himself a former Manhattan prosecutor, are close friends and colleagues. [Office of the Deputy Attorney General, 12/30/2003 pdf file; Associated Press, 12/30/2003; New York Times, 12/31/2003]
Appearance of Conflict of Interest - Comey tells the press: “The attorney general, in an abundance of caution, believed that his recusal was appropriate based on the totality of the circumstances and the facts and evidence developed at this stage of the investigation. I agree with that judgment. And I also agree that he made it at the appropriate time, the appropriate point in this investigation.” Comey says that while Ashcroft denies an actual conflict of interest exists, “The issue that he was concerned about was one of appearance.” White House officials say that President Bush had no role in the decision; some White House and law enforcement officials were surprised upon learning of Comey’s decision.
Investigation Reaching into White House? - Some Democrats believe that Ashcroft’s recusal is an indication that the investigation is moving into the White House itself. Senator Charles Schumer (D-NY) says of Comey’s decision, “This isn’t everything that I asked for, but it’s close.” In regards to Fitzgerald, Schumer says, “I would have preferred to have someone outside the government altogether, but given Fitzgerald’s reputation for integrity and ability—similar to Comey’s—the glass is three-quarters full.” Governor Howard Dean (D-VT), a leading Democratic contender for the presidency, says Ashcroft’s decision “is too little, too late.” For the last three months, the investigation has been run by John Dion, the Justice Department’s chief of counterespionage. Whether Fitzgerald will ask Dion or other Justice Department investigators to remain on the case remains to be seen. “I wouldn’t be surprised if he thought maybe he ought to keep some or all of the career folks involved,” says Comey. Fitzgerald has the authority to issue subpoenas and grant immunity on his own authority, Comey confirms. “I told him that my mandate to him was very simple. Follow the facts wherever they lead, and do the right thing at all times. And that’s something, if you know this guy, is not something I even needed to tell him.” [New York Times, 12/31/2003]
Fitzgerald's 'Impressive Reputation' - Fitzgerald has earned an “impressive reputation,” in Plame Wilson’s words, as a government prosecutor. In 1993, he won a guilty plea from Mafia capo John Gambino, and a conviction against Sheikh Omar Abdul-Rahman for his role in the 1993 World Trade Center bombing (see July 3, 1993). He put together the first criminal indictment against Osama bin Laden. In 2003 he indicted former Illinois Republican governor George Ryan on fraud and conspiracy charges; in 2005, he indicted several aides of Chicago Democratic mayor Richard Daley on mail fraud. He brought charges of criminal fraud against Canadian media tycoon Conrad Black. As Plame Wilson will write, “Fitzgerald was not easily intimidated by wealth, status, or threats.”
'Belated Christmas Present' - In 2007, Plame Wilson will write: “It was a belated but welcome Christmas present. Ashcroft had clearly given some thought to his extensive financial and personal ties to Karl Rove, who even then was believed to have had a significant role in the leak, and made the right decision.” She will also add that several years after the recusal, she hears secondhand from a friend of Ashcroft’s that Ashcroft was “troubled” and “lost sleep” over the administration’s action. [Wilson, 2007, pp. 174-175]

Entity Tags: Valerie Plame Wilson, Karl C. Rove, US Department of Justice, John Dion, Patrick J. Fitzgerald, James B. Comey Jr., Bush administration (43), Charles Schumer, Howard Dean, George W. Bush, John Ashcroft

Timeline Tags: Niger Uranium and Plame Outing

CIA official Craig Schmall, who serves as Vice President Dick Cheney’s agency briefer and has served as the briefer for Cheney’s chief of staff, Lewis Libby (see 7:00 a.m. June 14, 2003 and July 14, 2003), is interviewed by the FBI in the Plame Wilson identity leak investigation. Schmall says nothing about either Valerie Plame Wilson or her husband, Joseph Wilson, though he discussed both of them with Libby and Cheney. It is not known if the FBI is aware of the earlier conversations between Schmall, Libby, and Cheney. [Central Intelligence Agency, 1/9/2004 pdf file; Marcy Wheeler, 1/24/2007; Marcy Wheeler, 1/25/2007]

Entity Tags: Lewis (“Scooter”) Libby, Central Intelligence Agency, Craig Schmall, Joseph C. Wilson, Richard (“Dick”) Cheney, Valerie Plame Wilson, Federal Bureau of Investigation

Timeline Tags: Niger Uranium and Plame Outing

March 5, 2004: Libby Lies to Grand Jury

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

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

Timeline Tags: Niger Uranium and Plame Outing

March 24, 2004: Libby Lies to Grand Jury Again

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

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

Timeline Tags: Niger Uranium and Plame Outing

CIA official Craig Schmall, who serves as Vice President Dick Cheney’s agency briefer and has served as the briefer for Cheney’s chief of staff, Lewis Libby (see 7:00 a.m. June 14, 2003 and July 14, 2003), is interviewed again by the FBI in the Plame Wilson identity leak investigation (see January 8, 2004). As in his first interview, Schmall says nothing about either Valerie Plame Wilson or her husband, Joseph Wilson, though he discussed both of them with Libby and Cheney; it is unclear if the FBI is aware of Schmall’s discussions with the two White House officials. [Marcy Wheeler, 1/24/2007]

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

Timeline Tags: Niger Uranium and Plame Outing

Vice President Dick Cheney is interviewed in his office by federal prosecutors as part of the Valerie Plame Wilson identity leak investigation (see December 30, 2003). Cheney is asked if he knows who, if anyone, in the White House might have leaked Plame Wilson’s identity to the press. He is asked about conversations with his senior aides, including his chief of staff, Lewis “Scooter” Libby. He is also asked whether he knows of any concerted effort by White House officials to leak Plame Wilson’s identity. Cheney is not questioned under oath, and has not been asked to testify before the grand jury. He is represented by two lawyers, Terrence O’Donnell and Emmet Flood. [Federal Bureau of Investigation, 5/8/2004 pdf file; New York Times, 6/5/2004]
Cheney Evades, Refuses to Answer Questions - In October 2009, an FBI interview summary regarding Cheney’s testimony will be released (see October 1, 2009). According to the document, Cheney equivocates or refuses to answer 72 times during his interview, either saying he cannot be certain about the information requested, or that he does not know.
Denies Informing Libby about Plame Wilson's CIA Status - One of the most fundamental questions Cheney is asked is about how Libby learned about Plame Wilson’s identity. Libby’s own notes indicate that he learned it from Cheney, and that he had shared his notes with Cheney in late 2003 (see Late September or Early October, 2003), in defiance of instructions from the FBI and the White House counsel’s office not to share information with colleagues (see September 29-30, 2003). But in his testimony, Cheney “cannot recall Scooter Libby telling him how he first heard of Valerie Wilson. It is possible Libby may have learned about Valerie Wilson’s employment from the vice president… but the vice president has no specific recollection of such a conversation.” [Federal Bureau of Investigation, 5/8/2004 pdf file; Associated Press, 11/2/2009] Cheney testifies that contrary to the evidence, he learned of Plame Wilson’s CIA status from Libby, who informed him that a number of reporters had contacted Libby in July 2003 to say that Plame Wilson had been responsible for arranging her husband’s trip to Niger to investigate the Niger uranium claims. Cheney says that the next time he heard about Plame Wilson and her connection to her husband was when he read Robert Novak’s article outing her as a CIA officer (see July 14, 2003). Cheney is lying; he informed Libby of Plame Wilson’s identity (see (June 12, 2003)).
Denies Knowledge of Wilson Trip to Niger - He also denies knowing that Plame Wilson’s husband, war critic and former ambassador Joseph Wilson, was sent to Niger to investigate claims that Iraq was attempting to buy uranium from that country (see (February 13, 2002) and February 21, 2002-March 4, 2002), and says the CIA never briefed him about Wilson’s trip (see March 5, 2002). Future testimony will challenge Cheney’s claims, as witnesses will testify that Cheney, Libby, Deputy National Security Adviser Stephen Hadley, the Defense Department, the State Department, the Defense Intelligence Agency, the Joint Chiefs of Staff, the National Security Council, and President Bush were all given copies of a CIA cable sent to Cheney’s office that debunked the Niger claims (see December 2001, Shortly after February 12, 2002, March 5, 2002, February 12, 2002, March 8, 2002, October 15, 2002, Mid-October 2002, October 18, 2002, January 2003, and March 8, 2003). [Federal Bureau of Investigation, 5/8/2004 pdf file; Truthout (.org), 2/15/2006]
Refuses to Answer about WMD NIE - Prosecutor Patrick Fitzgerald, leading the interview, presses Cheney to discuss evidence that shows he pressured Bush to quickly declassify portions of the October 2002 National Intelligence Estimate on Iraqi WMD (see October 1, 2002) for the purpose of making the case for invading Iraq. Libby provided selected NIE information to New York Times reporter Judith Miller while simultaneously leaking Plame Wilson’s identity to her (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and other reporters. Cheney refuses to confirm that he discussed anything regarding the NIE with Bush, saying that he could not comment on any private or privileged conversations he may have had with the president. Libby has already testified to the declassification of the NIE, telling prosecutors that he talked to Miller following the “president’s approval relayed to me through the vice president.”
Insists Plame Wilson's Identity Never Used to Discredit Husband - Cheney insists that no one in the White House ever talked about leaking Plame Wilson’s CIA status to the press in an attempt to discredit her husband. There was never any discussion, Cheney says, of “pushing back” on Wilson’s credibility by raising the issue of nepotism, the fact that his wife worked for the CIA, the same agency that dispatched him to Niger to run down the report of an agreement to supply uranium to Iraq. In his own testimony, Libby was far less emphatic, saying “[i]t’s possible” he may have discussed the idea with Cheney. Both men lie in their testimony (see March 9, 2003 and After, May 2003, June 3, 2003, June 9, 2003, June 11 or 12, 2003, (June 11, 2003), 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, 5:27 p.m. June 11, 2003, (June 12, 2003), June 19 or 20, 2003, July 7, 2003 or Shortly After, July 7-8, 2003, 12:00 p.m. July 7, 2003, July 8, 2003, and 7:35 a.m. July 8, 2003). [Federal Bureau of Investigation, 5/8/2004 pdf file; Associated Press, 11/2/2009] Cheney tells prosecutors that he and his office were merely interested in rebutting Wilson’s criticisms of the war effort, and wanted to dispel the notion among some reporters that he had selected Wilson for the Niger trip. In 2006, an attorney close to the case will say: “In his testimony the vice president said that his staff referred media calls about Wilson to the White House press office. He said that was the appropriate venue for responding to statements by Mr. Wilson that he believed were wrong.” [Federal Bureau of Investigation, 5/8/2004 pdf file; Truthout (.org), 2/15/2006] In June 2009, the Department of Justice will reveal that Cheney and Bush had discussed the leak in a “confidential conversation” and “an apparent communication between the vice president and the president.” [Truthout (.org), 7/7/2009]

Entity Tags: Terrence O’Donnell, US Department of State, Valerie Plame Wilson, Stephen J. Hadley, US Department of Defense, Robert Novak, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Emmet Flood, Defense Intelligence Agency, Bush administration (43), Federal Bureau of Investigation, George W. Bush, Joint Chiefs of Staff, National Security Council, Judith Miller, Joseph C. Wilson, Richard (“Dick”) Cheney, US Department of Justice

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald negotiates with NBC bureau chief Tim Russert about his conversations with White House official Lewis Libby (see July 10 or 11, 2003), particularly, according to documents later filed with the court in the Libby perjury trial, regarding “one or more conversations between [Russert] and [Libby] on or about July 10, 2003 (and any follow-up conversations) which involved Libby complaining to [Russert] in his capacity as NBC bureau chief about the on-the-air comments of another NBC correspondent.” Russert, through his lawyers, declines to testify before Fitzgerald’s grand jury, though he does “agree to preserve any relevant notes, tapes, or other documents” (see June 2004). As a result, Fitzgerald will issue a subpoena (see May 21, 2004). Russert has cooperated with the FBI in the investigation (see November 24, 2003), and recently spoke to Libby about the investigation (see Late February or Early March, 2004). [US Department of Justice, 2/23/2006 pdf file]

Entity Tags: Federal Bureau of Investigation, Patrick J. Fitzgerald, Tim Russert, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Lawyers for NBC News reporter and Meet the Press anchor Tim Russert argue that Russert should not have to testify before the Fitzgerald grand jury investigating the Plame Wilson identity leak (see May 21, 2004 and May 13-20, 2004). Since the spring of 2004, his lawyers have realized that Russert’s testimony could be used to indict White House official Lewis Libby for perjury, as Libby has apparently lied about a conversation he and Russert had in the summer of 2003 (see July 10 or 11, 2003, March 5, 2004, and March 24, 2004). Russert knows that special prosecutor Patrick Fitzgerald already knows of the Russert/Libby conversation (see November 24, 2003), and Libby has already signed a waiver permitting Russert to name him in testimony (see January 2-5, 2004). But Russert and his lawyers argue that he should not have to testify because it might harm his relationship with other sources. According to court papers released in 2006, it “appears that Mr. Russert’s testimony is sought solely because the special prosecutor believes that his recollection of a telephone conversation with an executive branch official is inconsistent with that official’s statements.” [Washington Post, 1/10/2006] On July 21, 2004, the court will deny Russert’s motion. [MSNBC, 2/12/2007]

Entity Tags: NBC News, Bush administration (43), Lewis (“Scooter”) Libby, Tim Russert, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald informs Lee Levine, the lawyer for NBC bureau chief Tim Russert, of what he intends to ask Russert in front of the grand jury investigating the Plame Wilson identity leak (see May 21, 2004). Fitzgerald notes that he has promised Russert’s testimony would be kept secret. He writes: “Special counsel intends to ask your client about the following subject matter in the grand jury: telephone conversation(s) between I. Lewis Libby and your client, Tim Russert, on or about July 10, 2003 (and any follow up conversations) which involved Mr. Libby complaining to Mr. Russert in his capacity as NBC bureau chief about the on-air comments of another NBC correspondent (see July 10 or 11, 2003). To be clear, we will also ask whether during that conversation Mr. Russert imparted information concerning the employment of Ambassador [Joseph] Wilson’s wife [Valerie Plame Wilson, a clandestine CIA official] to Mr. Libby or whether the employment of Wilson’s wife was otherwise discussed in the conversation.” [Office of the Special Counsel, 6/2/2004 pdf file]

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

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

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

CIA official Robert Grenier, who in 2003 was the agency’s Iraq mission manager and who informed former White House official Lewis Libby that Valerie Plame Wilson was a CIA official (see 2:00 p.m. June 11, 2003), testifies about his knowledge of the Plame Wilson identity leak to the grand jury investigating it. [Marcy Wheeler, 1/24/2007] Grenier has already testified to the FBI about his conversation with Libby (see December 10, 2003).

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

Timeline Tags: Niger Uranium and Plame Outing

New York Times reporter Judith Miller is released from jail after agreeing to comply with a subpoena from the grand jury investigating the Valerie Plame Wilson identity leak (see July 6, 2005). According to Miller, the person who told her of Plame Wilson’s covert identity, former vice-presidential chief of staff Lewis “Scooter” Libby, “voluntarily and personally released me from my promise of confidentiality” (see September 15, 2005 and October 28, 2005). [Washington Post, 7/3/2007] Libby’s lawyer Joseph Tate says that his client released Miller from her confidentiality agreement over a year ago, and that he was surprised to learn that Miller and her lawyer, Robert Bennett, did not know that she was free to testify. “We told her lawyers it [Libby’s original waiver] was not coerced,” Tate says. “We are surprised to learn we had anything to do with her incarceration” (see September 12, 2005). [Washington Post, 9/30/2009] Times publisher Arthur Sulzberger says: “Judy has been unwavering in her commitment to protect the confidentiality of her source. We are very pleased that she has finally received a direct and uncoerced waiver, both by phone and in writing, releasing her from any claim of confidentiality and enabling her to testify.” Miller adds: “I went to jail to preserve the time-honored principle that a journalist must respect a promise not to reveal the identity of a confidential source. I chose to take the consequences—85 days in prison—rather than violate that promise. The principle was more important to uphold than my personal freedom.” [New York Times, 9/29/2005] In preparation for her upcoming testimony (see September 30, 2005), Sulzberger and Times executive editor Bill Keller take Miller from jail to have a massage, a manicure, a martini, and a steak dinner before she goes home to sleep in her own bed. [New York Times, 10/16/2005]

Entity Tags: Joseph Tate, Bill Keller, New York Times, Arthur Sulzberger, Judith Miller, Robert T. Bennett, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

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

The grand jury hearing evidence in the Plame Wilson CIA leak investigation hears the summation of special counsel Patrick Fitzgerald. The final weeks of the jury’s tenure have been marked by what the Washington Post calls “a furious effort” by lawyers for White House political strategist Karl Rove to convince Fitzgerald that Rove should not be prosecuted for perjury. The press is unsure what criminal charges Fitzgerald may have asked the jury to bring, or whether he asked them to vote on possible indictments. The grand jury’s term is expiring, and observers believe Fitzgerald is reluctant to empanel a second grand jury to consider further evidence. Law professor Lori Shaw says this jury is well-versed and invested in the investigation. “You have to consider: They are not rookies at this anymore,” she says. “I have a feeling that by now this grand jury has a good idea of what crime, if any, occurred.” White House officials believe that either Rove or Lewis Libby, Vice President Dick Cheney’s chief of staff, and perhaps both of them, will face criminal charges. But the White House is downplaying the current status of the investigation. Press secretary Scott McClellan tells reporters, “We certainly are following developments in the news, but everybody’s got a lot of work to do.” And President Bush has tried to shift the public’s attention away from the investigation and onto what he calls his successful economic policies. [Washington Post, 10/27/2005] Two days later, the jury will indict Libby (see October 28, 2005).

Entity Tags: Karl C. Rove, Bush administration (43), George W. Bush, Lewis (“Scooter”) Libby, Lori Shaw, Patrick J. Fitzgerald, Scott McClellan

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

After former White House official Lewis Libby’s indictment (see October 28, 2005), he retains the services of three of Washington’s most powerful attorneys: Theodore Wells, William Jeffress, and John Cline. [Boston Globe, 2/26/2006] (Cline will not officially join the defense team until mid-November.) [San Francisco Chronicle, 11/22/2005] Wells, who has successfully defended other government officials from criminal charges, is “an excellent choice,” according to criminal defense attorney Jeralyn Merritt. Jeffress is a partner at Baker Botts, the law firm headed by former Secretary of State James Baker. [Jeralyn Merritt, 11/3/2005] Cline is an expert on classified government documents; according to former CIA case officer Valerie Plame Wilson, he is “presumably hired to help the defense figure out how to ‘graymail’ the government, that is, force the government to choose between prosecuting an employee for serious crimes or preserving national security secrets.” Stanford University criminal law expert Robert Weisberg says of Cline’s addition to the team: “This is about as subtle as a sledgehammer to the government. This suggests they are going to use a very concerted and aggressive strategy.”
Legal Defense Fund Headed by GOP Fundraiser - Shortly after the indictment, Libby’s legal defense fund is created, headed by former GOP finance chief Melvin Sembler, a Florida real estate tycoon. Sembler is a highly successful fundraiser for Republican candidates, and is a close friend of Vice President Dick Cheney. Lobbyist and former Justice Department spokeswoman Barbara Comstock, a close friend of Libby’s, recruited Sembler to head the fund. According to Comstock, Sembler “holds Scooter [Libby] in high esteem as many members of the committee have. We’re confident that Scooter will be exonerated. He has declared he’s innocent.” [Tampa Tribune, 11/24/2005] In her 2007 book Fair Game, Plame Wilson will note, “Sembler, ironically enough, was President George W. Bush’s ambassador to Italy when the embassy in Rome first received the forged yellowcake documents, whose contents precipitated [Joseph Wilson]‘s trip to Niger and Libby’s legal odyssey.” [Wilson, 2007, pp. 289-290] The first contribution to the defense fund comes from Richard Carlson, a former US ambassador, the former president of the Corporation of Public Broadcasting, and the father of conservative pundit Tucker Carlson. “He spent years in government service,” Carlson will later say of Libby, whom Carlson calls a friend. He “hasn’t made a lot of dough.” The fund will soon raise over $2 million, in part through a Web site, scooterlibby.com (see February 21, 2006). Comstock and former Cheney communications director Mary Matalin (see July 10, 2003 and January 23, 2004) are deeply involved in the fund. The fund’s board of directors and advisers is studded with prominent Republicans, including former Republican presidential candidates Steve Forbes and Jack Kemp; former senator, lobbyist, and actor Fred Thompson; former senator Alan Simpson; former Education Secretary William Bennett; Princeton professor Bernard Lewis, one of the driving intellectual forces behind the invasion and occupation of Iraq; former UN ambassador Jeane Kirkpatrick; former Energy Secretary Spencer Abraham; former Clinton Middle East envoy Dennis Ross; and former CIA Director James Woolsey, another neoconservative ally of Libby’s. [New York Times, 11/18/2005; San Francisco Chronicle, 11/22/2005; Boston Globe, 2/26/2006] Howard Leach and Wayne Berman, two top fundraisers for the 2004 Bush-Cheney presidential campaign, are also part of the defense fund. Comstock tells a New York Times reporter that because both Ross and Woolsey served in the Clinton administration, the Libby defense fund is a bipartisan entity. She adds that the amount of money raised by the fund will not be disclosed: “It’s a private trust fund for a private individual and we haven’t disclosed that.” [New York Times, 11/18/2005; Tampa Tribune, 11/24/2005]
Plame Wilson Disappointed in Woolsey's Involvement - Plame Wilson will write of her disappointment that a former CIA director (Woolsey) could come to the defense of someone accused of outing a covert CIA agent. [Wilson, 2007, pp. 289-290]

Entity Tags: Dennis Ross, Tucker Carlson, Theodore Wells, Steve Forbes, Barbara Comstock, Wayne Berman, William J. Bennett, William Jeffress, Alan Simpson, Baker Botts, Bernard Lewis, Spencer Abraham, Robert Weisberg, Valerie Plame Wilson, Mel Sembler, Fred Thompson, Howard Leach, Jack Kemp, James Woolsey, Jeane Kirkpatrick, James A. Baker, John Cline, Jeralyn Merritt, Lewis (“Scooter”) Libby, Mary Matalin, Richard Carlson, Joseph C. Wilson

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

November 3, 2005: Libby Pleads Not Guilty

Lawyer Theodore Wells (left) speaks, while Lewis Libby and others look on. Libby is on crutches due to a recent foot injury.Lawyer Theodore Wells (left) speaks, while Lewis Libby and others look on. Libby is on crutches due to a recent foot injury. [Source: Associated Press]Lewis Libby, the former chief of staff to Vice President Dick Cheney, pleads not guilty to five felony indictments stemming from the Plame Wilson CIA identity leak (see October 28, 2005). “With respect, your honor, I plead not guilty,” Libby says. Libby’s trial will be presided over by Judge Reggie Walton of the US District Court of the District of Columbia; Libby is primarily represented by lawyers Ted Wells and William Jeffress, both known for winning acquittals in high-profile white-collar criminal cases. Wells recently won acquittals for former Agriculture Secretary Michael Espy and former Labor Secretary Raymond Donovan, while Jeffress is a partner at Baker Botts, where former Secretary of State James Baker, a close friend of the Bush family, is a senior partner. Libby waives his right to a speedy trial; it will take his legal team three months to obtain security clearances and to examine classified information the prosecution must provide to the defense. His lawyers are expected to demand that a large amount of classified information regarding Valerie Plame Wilson’s covert CIA status be turned over to them. Jeffress warns reporters that there could be numerous First Amendment “issues” that may produce “protracted litigation” and delay the case, obviously referring to the expected testimony of a number of journalists. Libby’s next court date is February 3, 2006. [Associated Press, 11/3/2005; Washington Post, 11/3/2005] Libby is apparently in good spirits during the proceedings, smiling and even laughing with his lawyers. [Salon, 11/3/2005] Outside the courthouse, Wells tells reporters: “In pleading not guilty, [Libby] has declared to the world that he is innocent. He has declared that intends to fight the charges in the indictment, and he has declared that he wants to clear his good name.” He adds that Libby welcomes a jury trial. Libby does not speak to reporters. [CNN, 11/3/2005] Former prosecutor Michael Madigan, now a well-known defense lawyer, says Wells and Jeffress are excellent choices to represent Libby, but notes that they are joining the case with “one hand tied behind their back” because of what has already transpired in the investigation. They enter the case “with Libby having given two different statements to the FBI and testifying twice to the grand jury, in which he contradicts three reporters and four or five of his friends in the administration,” Madigan says. “If I was entering the case, I would not be really happy to have that situation.… It would be difficult now to say that you didn’t recall certain things when you’ve already testified that you did remember them.” [Washington Post, 11/3/2005]

Entity Tags: Ray Donovan, James A. Baker, Baker Botts, Lewis (“Scooter”) Libby, Michael Madigan, William Jeffress, Richard (“Dick”) Cheney, Theodore Wells, Michael Espy, Reggie B. Walton

Timeline Tags: Niger Uranium and Plame Outing

Conservative Washington lawyers David Rivkin and Lee Casey publish a guest editorial in the Wall Street Journal defending the Bush administration, and specifically the indicted Lewis Libby (see October 28, 2005), for their actions in the Plame Wilson identity leak. No crime was committed, Rivkin and Casey allege, and no legal ethics were breached. Valerie Plame Wilson’s identity as a CIA official was moot because, Rivkin and Casey write, “she was not a covert agent—a readily ascertainable fact that should have concluded special counsel Fitzgerald’s investigation almost as soon as it got underway” (see Fall 1992 - 1996). In fact, Rivkin and Casey write, exposing Plame Wilson’s role in her husband Joseph Wilson’s 2002 mission to Africa (see February 19, 2002, February 21, 2002-March 4, 2002, July 22, 2003, October 17, 2003, and July 20, 2005) “was relevant to an accurate understanding of his later allegations against the administration.” In general, the lawyers state, it is not a crime to expose an intelligence official’s “classified” status, only genuine covert agents. Since Plame Wilson was not a covert agent, by Rivkin and Casey’s standards, no crime was committed in exposing her as a CIA official. And even had she been, they continue, certainly no damage could have been done by her exposure (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). When Wilson decided to publish his New York Times op-ed (see July 6, 2003), the lawyers write, he “eliminated whatever shreds of anonymity” Plame Wilson retained. The lawyers conclude that “the revelation of Ms. Plame [Wilson]‘s connection to the CIA was a public service, neither criminal nor unethical.” [Wall Street Journal, 11/4/2005]

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

Timeline Tags: Domestic Propaganda, 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 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

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

Lawyers David Rivkin and Lee Casey demand that special counsel Patrick Fitzgerald drop his prosecution of former White House official Lewis Libby. In a Washington Times editorial, Rivkin and Casey write that, because Washington Post reporter Bob Woodward has admitted to being the recipient of leaked information about CIA official Valerie Plame Wilson before Libby leaked her covert identity (see November 14, 2005), it is possible that Woodward himself told Libby of Plame Wilson’s CIA status—it is possible that Libby merely “misremembered” the reporter who told him as NBC’s Tim Russert, when it was likely Woodward (see July 10 or 11, 2003). Moreover, the lawyers assert, the likelihood of a jury actually convicting Libby of perjury and obstruction of justice (see October 28, 2005) is unlikely in light of Woodward’s revelation and the “reasonable doubt” they say Woodward’s recent testimony raises. Rivkin and Casey echo previous assertions that the CIA did not bother to ensure the safety of Plame Wilson’s covert status (see November 3, 2005), in effect blaming the agency for her identity being exposed. [Washington Times, 11/17/2005] Rivkin and Casey, in a previous Washington Times editorial, called the exposure of Plame Wilson a “public service” (see November 4, 2005).

Entity Tags: Washington Times, Bob Woodward, David Rivkin, Valerie Plame Wilson, Lee Casey, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby

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

Special counsel Patrick Fitzgerald meets for almost three hours with the grand jury investigating the Plame Wilson identity leak; observers believe Fitzgerald is still considering whether to bring charges against White House political strategist Karl Rove. This grand jury is newly empaneled; the first grand jury, after spending almost two years investigating the leak, was dismissed after bringing an indictment against former White House official Lewis Libby (see October 28, 2005). Its term expired that same day. [Associated Press, 12/7/2005; Washington Post, 7/3/2007]

Entity Tags: Karl C. Rove, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

February 3, 2006: Libby Trial Date Set

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

A court filing by Lewis Libby’s defense team lists the witnesses the lawyers say they intend to put on the stand in their client’s defense. The list includes:
bullet Former Deputy Secretary of State Richard Armitage (see June 13, 2003, After October 28, 2005, and November 14, 2005);
bullet Former White House press secretary Ari Fleischer (see July 7, 2003, 8:00 a.m. July 11, 2003, and 1:26 p.m. July 12, 2003);
bullet Former Undersecretary of State Marc Grossman (see June 10, 2003);
bullet Former Secretary of State Colin Powell (see July 16, 2004);
bullet White House political strategist Karl Rove (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003);
bullet Former CIA Director George Tenet (see June 11 or 12, 2003, July 11, 2003 and 3:09 p.m. July 11, 2003);
bullet Former US ambassador Joseph Wilson (see July 6, 2003);
bullet Former CIA covert operative Valerie Plame Wilson (see July 14, 2003);
bullet National Security Adviser Stephen Hadley (see July 21, 2003 and November 14, 2005);
bullet CIA briefers Craig Schmall (see 7:00 a.m. June 14, 2003), Peter Clement, and/or Matt Barrett;
bullet Former CIA officials Robert Grenier (see 4:30 p.m. June 10, 2003, 2:00 p.m. June 11, 2003, and 5:27 p.m. June 11, 2003) and/or John McLaughlin (see June 11 or 12, 2003);
bullet Former CIA spokesman Bill Harlow (see 5:27 p.m. June 11, 2003, (July 11, 2003), and Before July 14, 2003);
bullet Vice President Dick Cheney’s chief of staff David Addington (see July 8, 2003);
bullet Former Cheney press secretary Cathie Martin (see 5:27 p.m. June 11, 2003); and
bullet Cheney himself (see July 12, 2003 and Late September or Early October, 2003).
The defense also:
bullet Wants notes from a September 2003 White House briefing where Powell reportedly claimed that many people knew of Plame Wilson’s CIA identity before it became public knowledge;
bullet Implies that Grossman may not be an unbiased witness;
bullet Suspects Fleischer may have already cooperated with the investigation (see June 10, 2004);
bullet Intends to argue that Libby had no motive to lie to either the FBI (see October 14, 2003 and November 26, 2003) or the grand jury (see March 5, 2004 and March 24, 2004); and
bullet Intends to argue that columnist Robert Novak’s primary source for his column exposing Plame Wilson as a CIA official was not Libby, but “a source outside the White House” (see July 8, 2003). [US District Court for the District of Columbia, 3/17/2006 pdf file; Jeralyn Merritt, 3/18/2006]
Criminal defense attorney Jeralyn Merritt believes Libby’s team may be preparing to lay blame for the Plame Wilson leak on Grossman. She writes that, in her view, “Libby’s lawyers are publicly laying out how they intend to impeach him: by claiming he is not to be believed because (either or both) his true loyalty is to Richard Armitage rather than to the truth, or he is a self-aggrandizing government employee who thinks of himself a true patriot whose duty it is to save the integrity of the State Department.” [Jeralyn Merritt, 4/4/2006] Libby’s lawyers indicate that they will challenge Plame Wilson’s significance as a covert CIA official (see Fall 1992 - 1996, April 2001 and After, Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, and February 13, 2006). “The prosecution has an interest in continuing to overstate the significance of Ms. Wilson’s affiliation with the CIA,” the court filing states. They also intend to attempt to blame Armitage, Grossman, Grenier, McLaughlin, Schmall, and/or other officials outside the White House proper as the real sources for the Plame Wilson identity leak. [US District Court for the District of Columbia, 3/17/2006 pdf file; Truthout (.org), 3/18/2006]

Entity Tags: Valerie Plame Wilson, Robert Novak, Robert Grenier, Catherine (“Cathie”) Martin, Colin Powell, Ari Fleischer, Central Intelligence Agency, Bush administration (43), Bill Harlow, Richard Armitage, Richard (“Dick”) Cheney, Stephen J. Hadley, Matt Barrett, George J. Tenet, Peter Clement, Craig Schmall, Jeralyn Merritt, John E. McLaughlin, David S. Addington, Karl C. Rove, Joseph C. Wilson, Marc Grossman, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Lewis “Scooter” Libby, indicted on charges of conspiracy and obstruction of justice in the investigation of the Valerie Plame Wilson identity leak (see October 28, 2005), testified two years ago that President Bush authorized him to selectively disclose information from the October 2002 National Intelligence Estimate in order to defend the administration’s decision to go to war with Iraq, according to papers filed with the court by special prosecutor Patrick Fitzgerald. Libby’s testimony, to Fitzgerald’s grand jury (see March 5, 2004 and March 24, 2004), has remained secret until now. According to the testimony, Libby received “approval from the president through the vice president” to divulge portions of a National Intelligence Estimate (NIE—see October 1, 2002) regarding Saddam Hussein’s purported efforts to develop nuclear weapons to certain reporters. Libby testified that Vice President Dick Cheney authorized him to divulge the key judgments from the NIE to New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and Time reporter Matthew Cooper (see 2:24 p.m. July 12, 2003) because, in Cheney’s opinion, it was “very important” to do so. [US District Court for the District of Columbia, 4/5/2006 pdf file; National Journal, 4/6/2006; Washington Post, 4/13/2006] (A week later, Fitzgerald will modify his filing to read, “some of the key judgments.” The New York Times will report, “The distinction between the two versions is that the second accurately stated that the finding about Iraq’s efforts to obtain uranium was in the report, but was not among its ‘key judgments,’ a term used in intelligence reporting to indicate that a stated conclusion represents the consensus of intelligence agencies.”) [Washington Post, 4/12/2006; New York Times, 4/13/2006] According to the filing: “Defendant testified that the vice president later advised him [Libby] that the president had authorized defendant to disclose the relevant portions of the NIE. Defendant testified that he also spoke to David Addington, then counsel to the vice president, whom defendant considered to be an expert in national security law, and Mr. Addington opined that presidential authorization to publicly disclose a document amounted to a declassification of the document” (see July 8, 2003). [US District Court for the District of Columbia, 4/5/2006 pdf file; Think Progress, 4/6/2006]
Bush Declassified Information for Purposes of Leaking - According to the court papers, Libby “further testified that he at first advised the vice president that he could not have this conversation with reporter Miller because of the classified nature of the NIE. [Libby] testified that the vice president had advised [Libby] that the president had authorized [Libby] to disclose relevant portions of the NIE.” Libby testified that such presidential authorization to reveal classified information was “unique in his recollection.” He testified that Cheney specifically had him “speak to the press in place of Cathie Martin [the then-communications director for Cheney] regarding the NIE and Wilson.” Libby added that “at the time of his conversations with Miller and Cooper, he understood that only three people—the president, the vice president, and [Libby]—knew that the key judgments of the NIE had been declassified.” Libby said that Cheney’s senior lawyer, Addington, told him that Bush had, by authorizing the disclosure, effectively declassified the information, a point that legal experts continue to dispute. Since then, Libby has told reporters that Cheney also authorized him to leak classified information to several reporters in the weeks and months before the Iraqi invasion. [US District Court for the District of Columbia, 4/5/2006 pdf file; National Journal, 4/6/2006]
Providing Classified Information to Woodward - Libby also testified that Bush authorized him to provide classified information to author and reporter Bob Woodward. Woodward was working on his book about the administration’s run-up to war with Iraq, Plan of Attack. According to other former senior government officials, Bush directed several White House officials to assist Woodward in preparing the book. One government official says, “There were people on the seventh floor [of the CIA] who were told by [then-CIA Director George] Tenet to cooperate because the president wanted it done. There were calls to people to by [White House communication director] Dan Bartlett that the president wanted it done, if you were not co-operating. And sometimes the president himself told people that they should co-operate.” According to some former officials, the White House provided Woodward with selected information in order to shape the course of his writing. [US District Court for the District of Columbia, 4/5/2006 pdf file; National Journal, 4/6/2006]

Entity Tags: David S. Addington, Matthew Cooper, George J. Tenet, George W. Bush, Dan Bartlett, Judith Miller, Richard (“Dick”) Cheney, Patrick J. Fitzgerald, Central Intelligence Agency, Lewis (“Scooter”) Libby, Bob Woodward, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

NBC producer Joel Seidman interviews two former prosecutors, and asks them to assess the impact of the recent revelation that Richard Armitage, not Lewis Libby, was the first government official to leak Valerie Plame Wilson’s CIA status on Libby’s upcoming trial (see September 7, 2006). Seidman opens his article by claiming that special counsel Patrick Fitzgerald may face an “uphill battle” in getting a conviction in light of the Armitage revelation, writing, “The possible testimony of the State Department’s former number two official [Armitage], and that of the first journalist to print the name Valerie Plame Wilson [columnist Robert Novak], could potentially sway a jury that there is reasonable doubt to the perjury charges against Libby.” Seidman goes on to call the news of Armitage’s leak a “bombshell announcement,” and a piece of information that Fitzgerald “chose to keep… secret.” Further, Seidman notes that because Armitage and Novak are in some disagreement about the chain of events surrounding Armitage’s leak to Novak (see July 8, 2003) and September 13, 2006), this discontinuity “could enable Libby to argue that he, Libby, wasn’t the only one confused in this case” (see January 31, 2006). It is unclear whether Armitage will testify at Libby’s trial. Seidman interviews two former prosecutors: Solomon Weisenberg, who worked with special prosecutor Kenneth Starr during the Whitewater investigation, and Larry Barcella. Weisenberg says Libby’s lawyers can take “full advantage of the emotional value of Armitage’s admission,” and that while Armitage is not part of the case against Libby, the lawyers could argue that Fitzgerald conducted a sloppy investigation, and has witnesses who contradict one another. However, Barcella says that because the charges facing Libby are about his lying under oath (see October 28, 2005), Armitage’s leaks are irrelevant. [MSNBC, 9/20/2006] Former prosecutor Christy Hardin Smith, writing for the progressive blog FireDogLake, says Seidman is echoing “GOP-pushed media logic,” which she analogizes to the argument that “someone who steals three of your hubcaps, strips your car down of all the valuable parts, take[s] the license plate, and steals your registration should not be charged for all of those crimes because someone else took the first hubcap a little earlier in the day. Um… yeah. Try again. You lie repeatedly to a federal investigator, you pay the penalty, and no amount of after-the-fact *ss-covering obfuscation gets around the fact that Libby lied, repeatedly. If he didn’t need to do so because he and those around him did nothing wrong, then why did he lie on multiple occasions? And why did a federal grand jury find it troubling enough to indict him on five felony counts for doing so?” [Christy Hardin Smith, 9/20/2006]

Entity Tags: Solomon Weisenberg, Joel Seidman, Christy Hardin Smith, Lawrence Barcella, Richard Armitage, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Patrick J. Fitzgerald

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Dr. Elizabeth Loftus.Dr. Elizabeth Loftus. [Source: Injustice Busters (.org)]The Libby defense team presents a memory expert in a pre-trial hearing, but special counsel Patrick Fitzgerald dismantles her credibility and her expertise during the proceedings. Lewis Libby’s lawyers intend to argue that the pressure of his work during his stint as Vice President Dick Cheney’s chief of staff caused Libby to “misremember” conversations he had with reporters about former CIA official Valerie Plame Wilson (see January 31, 2006), and therefore he cannot be guilty of perjury or obstruction of justice (see October 28, 2005). Dr. Elizabeth Loftus, a professor of criminology and psychology at the University of California at Irvine, testifies in support of a motion by Libby’s lawyers that Dr. Robert Bjork, chairman of the UCLA psychology department, be allowed to testify in Libby’s defense during the actual trial (see July 31, 2006). For three hours, Fitzgerald conducts what MSNBC terms a “blistering” questioning session of Loftus, causing her to admit that some of her own findings about what juries know about memory are faulty, and that her own research may be flawed. [MSNBC, 10/26/2006; Jurist, 10/26/2006; Washington Post, 10/27/2006]
Uses Own Book to Disprove Claims - Fitzgerald quotes Loftus’s own book, Witness for the Defense, asking how she might try to sway a jury if she were to testify. Loftus had written that, “using my arsenal of subtle psychological tools” she could make an impression on a jury about her perception about guilt or innocence. Fitzgerald shows Loftus a line in her book that expressed doubts about research she had just cited on the stand as proof that Libby needs an expert to educate jurors. Loftus replies, “I don’t know how I let that line slip by.”
Loftus Admits Own Study Flawed - Loftus explains to Judge Reggie Walton that, according to a study she conducted in 2006, most jurors believe memory is like a “tape recorder,” a perception that many memory experts say is untrue. But, using material from Loftus’s study, Fitzgerald forces Loftus to admit that the study is most likely flawed, and that the answers some jurors provided in the study prove just the opposite of what Loftus claimed they said—that jurors can in fact use common sense to ascertain the effects of memory on witness testimony. Her study actually found that only 46 percent of jurors viewed memory as a “tape recorder” or “videotape.” [MSNBC, 10/26/2006; Washington Post, 10/27/2006]
Loftus's Memory Failure - Fitzgerald even catches Loftus in her own embarrasing memory failure; when Loftus insists she has never met Fitzgerald before, he reminds her that he had cross-examined her before, when she was a defense expert and he was prosecuting a case for the US Attorney’s office in New York. [Washington Post, 10/27/2006]
Judge Skeptical of Loftus - Walton is skeptical of Loftus throughout the hearing, and repeatedly questions her about her stance that jurors have trouble using “common sense” to determine the effect of memory on witness testimony. Fitzgerald wants Bjork’s testimony disallowed (see September 7, 2006), saying the testimony of such a memory expert would be “confusing, misleading, and prejudicial,” and would unnecessarily delay the proceedings. [MSNBC, 10/26/2006]
Former Prosecutor: Very 'Difficult to Trip Up an Expert Witness' - Former prosecutor Christy Hardin Smith, writing for the progressive blog FireDogLake, writes, “I cannot begin to tell you how difficult it is to trip up an expert witness on the stand, especially when you are doing cross-examination of someone who is considered to be a top expert in the field and who has had courtroom experience in prior cases for similar research material.” [Christy Hardin Smith, 10/27/2006] In November, the judge will disallow Bjork’s testimony (see November 2, 2006).

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

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton rules that the substitutions and summaries of classified materials special counsel Patrick Fitzgerald has proposed to be provided to the Lewis Libby defense team are inadequate. Libby has asked for a raft of classified materials (see December 14, 2005, January 9, 2006, January 20, 2006, January 23, 2006, January 23, 2006, January 31, 2006, (February 16, 2006), February 21, 2006, February 24, 2006, February 27, 2006, March 1, 2006, March 2-7, 2006, March 10, 2006, March 17, 2006, April 5, 2006, May 3, 2006, May 12, 2006, May 19, 2006, June 2, 2006, August 18, 2006, September 21, 2006, and September 22, 2006) to support his contention that he was so overwhelmed by work at the White House that his lies about his conversations with reporters concerning 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, and July 10 or 11, 2003) were “inadvertent and not the product of willful disinformation.” Observers are terming this Libby’s “memory defense” (see January 31, 2006). However, Walton rules that Libby will not have “free reign” to use whatever classified documents he or his lawyers see fit: his ruling “does not give the defendant ‘free reign’ over his testimony.” Walton writes, “He is alleging both that the volume of his work would have impacted his memory and that some of the information presented to him as the vice president’s national security adviser was so potentially catastrophic to the well-being of the country that the focus he had to devote to this information also impacted his memory.” Many observers, including Fitzgerald, believe Libby may be attempting to derail the prosecution by threatening to reveal sensitive national security details during his trial, a practice called “graymail” (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)). [MSNBC, 11/13/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald, the US Attorney prosecuting former White House senior aide Lewis Libby for perjury and obstruction (see January 16-23, 2007), says that the evidence clearly shows Libby lied to both the FBI and the grand jury when he failed to disclose his involvement in the press leak of the identity of then-covert CIA agent Valerie Plame Wilson. Fitzgerald says Libby learned of Plame Wilson’s identity from at least five different government sources, including his then-boss, Vice President Dick Cheney (see 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, 5:27 p.m. June 11, 2003, and (June 12, 2003)). Libby’s claims that he learned of Plame Wilson’s identity from NBC reporter Tim Russert (see July 10 or 11, 2003), Fitzgerald says, are specious. Evidence proves that Libby had discussed Plame Wilson’s identity well before he spoke to Russert. “You can’t learn something on Thursday that you’re giving out on Monday,” Fitzgerald says. He lays out a rough timeline of the events leading up to, and following, Plame Wilson’s public exposure (see July 14, 2003), and gives an overview of the evidence showing that Libby lied about his actions under oath. [Pensito Review, 1/23/2007; Marcy Wheeler, 1/23/2007; CBS News, 1/25/2007; BBC, 7/3/2007; Washington Post, 7/3/2007] Fitzgerald walks the jury through a timeline of events surrounding each of the five charges Libby faces—two counts of perjury, two counts of making false statements, and one count of obstruction of justice—and tells the jury what evidence he will present to prove each of the charges. Fitzgerald plays actual audiotapes of Libby making his alleged lies before an earlier grand jury (see March 5, 2004 and March 24, 2004); court observer Christy Hardin Smith, a former prosecutor, writes of the tactic, “The jurors in the criminal trial were riveted as they listened to the defendant’s voice, while they watched his reaction live in the courtroom as he was also hearing his testimony.” [Christy Hardin Smith, 1/23/2007] Plame Wilson will call Fitzgerald’s opening statement “a very narrow but compelling argument that Libby [the former chief of staff for Cheney] had lied, often, in response to investigators’ questions about with whom he had discussed me and my CIA employment (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Fitzgerald seemed to place Vice President Dick Cheney at the center of the case by saying that Cheney himself had disclosed my identity to Libby (see March 24, 2004) and later intervened to have White House press secretary Scott McClellan issue a misleading public statement clearing Libby of any involvement in the leak of my name to reporters” (see October 4, 2003). [Wilson, 2007, pp. 282-284]

Entity Tags: Tim Russert, Scott McClellan, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, Valerie Plame Wilson, Christy Hardin Smith

Timeline Tags: Niger Uranium and Plame Outing

Robert Grenier.Robert Grenier. [Source: PBS]Former CIA official Robert Grenier testifies in the Lewis Libby perjury trial. He tells the jury that he received a telephone call from Libby on June 11, 2003, asking about the Niger trip made by former ambassador Joseph Wilson (see 2:00 p.m. June 11, 2003). [Marcy Wheeler, 1/24/2007; CBS News, 1/25/2007; Associated Press, 1/25/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] Grenier was the CIA’s “Iraq Mission Manager,” a new position created by then-Director George Tenet. His job was to coordinate the CIA’s disparate efforts on Iraq. As part of his job, he often attended Deputies Committee meetings, where he met Libby. He worked on a regular basis with Libby as part of his position. [Marcy Wheeler, 1/24/2007]
Contradicts Libby's Claims - Grenier’s testimony directly contradicts Libby’s claim that he first learned of then-CIA official Valerie Plame Wilson’s identity from NBC bureau chief Tim Russert (see July 10 or 11, 2003). Grenier says he quickly surmised that Libby was attempting to compile information on Wilson in order to discredit him (see 4:30 p.m. June 10, 2003). Grenier testifies that he knew nothing of Wilson’s Niger trip before Libby’s request, and to his surprise at being contacted by Libby to discuss Wilson. “It was pretty clear he wanted answers,” Grenier says. “It was unusual for him to call in the first place.… He was serious.” Grenier testifies that after his first meeting with Libby, Libby pulled him out of a meeting with Tenet to find out more about Wilson. “Someone came to the door and beckoned me out,” Grenier recalls. “I don’t think I’ve ever been pulled out a meeting with the director before.” Grenier testifies that he spoke to someone in the CIA’s Counterproliferation Division (CPD), who informed him of the trip and of Plame Wilson’s CIA status. (At the time, Plame Wilson worked in CPD.) The CPD person did not say Plame Wilson’s name directly, but identified her as “Wilson’s wife.” Grenier told Libby that the CIA had sanctioned Wilson’s trip to Niger, and that Wilson’s wife was involved in the decision; Grenier says that the information seemed to please Libby (see 2:00 p.m. June 11, 2003). Grenier also testifies that Libby discussed the feasibility of leaking the information about Wilson and his wife to the press, and says that after talking with CIA press liaison Bill Harlow, he told Libby, “We can work something out.” Libby told Grenier that Vice President Dick Cheney’s communications director, Cathie Martin, would coordinate the effort with Harlow and the CIA public affairs office (see 5:27 p.m. June 11, 2003); Libby had Martin speak with Harlow about the effort, a choice Grenier testifies he found “surprising.” He adds that when he read the newspaper column outing Plame Wilson (see July 14, 2003), he deduced that the information had come from someone in the White House. [ABC News, 1/24/2007; Marcy Wheeler, 1/24/2007; Mother Jones, 1/25/2007; Washington Post, 1/25/2007] Grenier testifies that after informing Libby of Plame Wilson’s CIA identity, he “felt guilty very briefly” about revealing personnel information that is usually closely held by the CIA. [USA Today, 1/24/2007] According to a transcript taken by court observer and progressive blogger Marcy Wheeler, Grenier says: “I didn’t know her name, so I didn’t give her name, but by saying Joe Wilson’s wife worked at the CIA, I was revealing the identity of a CIA officer. It wasn’t absolutely necessary, that is information that we guard pretty closely, and if we don’t have to say it, we don’t.” [Marcy Wheeler, 1/24/2007]
Attacking Grenier's Memory - But Grenier’s testimony differs somewhat from his earlier statements to the FBI and to Patrick Fitzgerald’s grand jury (see December 10, 2003). Grenier said in earlier statements that he wasn’t sure if Plame Wilson’s name had come up in the conversations with Libby. It was only later, he testifies, that he developed what he calls “a growing conviction” that he’d mentioned “Wilson’s wife” to Libby. An attorney for Libby, William Jeffress, sharply questions Grenier on the inconsistencies in his story, forcing the agent to admit at one point that “my recollection of a lot of conversations from that time are pretty vague.” Grenier stays with his current claims, saying that he’d been “conservative” when he first talked to investigators, not wanting to cast “suspicion on Mr. Libby” unnecessarily. [ABC News, 1/24/2007; Mother Jones, 1/25/2007; Washington Post, 1/25/2007] Grenier testifies that when talking to the FBI, he couldn’t be completely sure he had disclosed Plame Wilson’s identity to Libby (see December 10, 2003), but when testifying before the grand jury, he testified that he definitely had given Libby that information. Jeffress says, “You told the FBI that you did not discuss Valerie Wilson with Mr. Libby.” Grenier replies: “I told them I really didn’t recall clearly whether I had said so or not. I think there’s some confusion, frankly, in this report from the FBI.” Grenier continues: “My memory of what I said in that meeting, I believe that that I conveyed in that meeting, and I want to caution, it’s hard for me to parse out what I said in what meeting and what time, but what I believe I reported to the FBI initially was that in my conversation, my second conversation, with Mr. Libby on June 11, I couldn’t recall clearly whether I told him that Mr. Wilson’s wife was working in the unit that dispatched him to Niger. I may have, but I didn’t have a clear recollection.” Jeffress reminds Grenier that five weeks had passed between his FBI appearance and his testimony before the grand jury, and asks, “In those five weeks, you didn’t remember having told Mr. Libby about Mr. Wilson’s wife?” Grenier replies, “I did not remember.” Jeffress presses: “When you testified before the grand jury, did you tell the grand jury that you had no clear recollection of having told Mr. Libby anything about Mr. Wilson’s wife, although it is possible [you] may have done so?” Grenier replies that he had tried to give the most conservative answer. However, when he appeared before the grand jury a second time, in 2005 (see July 29, 2005), he was read his original testimony. He was startled, Grenier says. “I remembered it and thought that I had always remembered it,” he testifies. “I was saying what I believed to be true at the time and subsequently had a different recollection.” Jeffress asks: “Do you find that your memory gets better the farther away you are in time? Does your memory improve with time?” Grenier laughs and answers, “Not in all cases, no.” Grenier now states that he is sure he told Libby about Wilson’s wife being a CIA official, but is not sure he told Libby her name. [Marcy Wheeler, 1/24/2007; National Review, 1/25/2007; New York Times, 2/4/2007]
Refusing to Pin Blame on CIA - Grenier tells Jeffress that he is not entirely sure the FBI interviewer got his responses correct. According to Wheeler’s transcript, Grenier testifies: “I would like to state, I have the greatest respect for the FBI, but the FBI agent may not have gotten what I said exactly right. What is important is that my belief that the WH [White House] was throwing blame on the CIA—not for Wilson’s trip—but for not having provided proper warning to the WH on this issue of Iraq’s attempt to buy nukes.” Wheeler writes that in her estimation, Jeffress is attempting to blame the CIA for the Bush administration’s faulty and misleading claims about Iraq’s WMDs, an attempt in which Grenier refuses to participate. [Marcy Wheeler, 1/24/2007]

Entity Tags: Bush administration (43), Counterproliferation Division, Catherine (“Cathie”) Martin, George J. Tenet, Central Intelligence Agency, Joseph C. Wilson, Bill Harlow, Valerie Plame Wilson, William Jeffress, Marcy Wheeler, Robert Grenier, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Cathie Martin entering the courthouse.Cathie Martin entering the courthouse. [Source: New York Times]Cathie Martin, the former spokeswoman for Vice President Dick Cheney, testifies that she told Cheney and his former chief of staff Lewis “Scooter” Libby about Valerie Plame Wilson’s CIA status weeks before Libby claims to have learned that information from reporter Tim Russert (see July 10 or 11, 2003 and March 24, 2004). [CBS News, 1/25/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] At the time in question, Martin was Cheney’s assistant for public affairs. She now works at the White House as the deputy director of communications for policy and planning. As Cheney’s assistant, she worked closely with Libby and handled most press inquiries for Cheney and Libby. [Marcy Wheeler, 1/25/2007]
Passed along Information about Plame Wilson to Libby, Cheney - Martin testifies that in her presence Libby spoke with a senior CIA official on the telephone, and asked about the Joseph Wilson trip to Niger. She says she then spoke with CIA spokesman Bill Harlow, who told her that Wilson went to Niger on behalf of the agency, and that Wilson’s wife worked at the agency (see 5:25 p.m. June 10, 2003). Martin then says that she subsequently told both Libby and Cheney that Wilson’s wife worked at the CIA (see 5:27 p.m. June 11, 2003). The International Herald Tribune notes: “The perspective she laid out under questioning from a federal prosecutor was damaging to Libby.… She bolstered the prosecution’s assertion that Libby was fully aware of [Plame] Wilson’s identity from a number of administration officials, and did not first learn about her from reporters, as he has claimed. Perhaps more important[ly], she testified as a former close colleague of Libby’s and demonstrated her familiarity with him by repeatedly referring to him by his nickname, Scooter.” [International Herald Tribune, 1/25/2007; Marcy Wheeler, 1/25/2007] Of Plame Wilson’s outing by Robert Novak (see July 14, 2003), she testifies, “I knew it was a big deal that he had disclosed it.” [Marcy Wheeler, 1/29/2007]
Testifies that Cheney Coordinated Attack on Wilson - Martin also gives detailed evidence that it was Cheney who coordinated the White House counterattack against Plame Wilson’s husband, Joseph Wilson, in retaliation for his op-ed debunking administration claims that Iraq had tried to purchase uranium from Niger (see July 6, 2003). She testifies that during the first week of July 2003, she and her staff were told to increase their monitoring of the media, including television news (which until that point had not been monitored closely), and to make transcripts of everything that was said pertaining to administration policies and issues. She testifies that Cheney and Libby were both very interested in what the media was reporting about Iraqi WMDs, and whether Cheney’s office had ordered Joseph Wilson to go to Niger (see February 21, 2002-March 4, 2002). She discusses the talking points she disseminated to White House press secretary Ari Fleischer regarding Cheney’s lack of involvement in sending Wilson to Niger (see 9:22 a.m. July 7, 2003). Martin testifies that she had already been using those talking points, based on conversations she had had with Libby, but sent the memo to Fleischer because of Wilson’s appearances on the Sunday morning talk shows (see July 6, 2003). According to Martin, Cheney “dictated” the talking points for Fleischer, and included direct quotes from the National Intelligence Estimate on Iraq (see October 1, 2002), which had been partially declassified without her knowledge (see July 12, 2003)—she says she urged Cheney and Libby to declassify the NIE before leaking information from it to reporters. (Judge Reggie Walton tells the jury, “You are instructed that there is no dispute between the parties that on July 8 certain portions of the NIE had been declassified, although Ms. Martin had not been made aware of the declassification.”) Martin testifies that Cheney told Libby to speak directly to reporters about Wilson, effectively bypassing her and other communications staffers in his office. Martin also says she told Cheney and Libby that Plame Wilson worked for the CIA days before Libby claims he “first” learned it from NBC reporter Tim Russert (see July 10 or 11, 2003). Martin refuses to confirm that either Cheney or Libby suggested leaking Plame Wilson’s identity as part of a strategy to discredit her husband. [Marcy Wheeler, 1/25/2007; Marcy Wheeler, 1/25/2007; MSNBC, 2/21/2007; BBC, 7/3/2007]
Falsely Accused of Leaking Information to NBC Reporter - Martin goes on to describe a senior staff meeting at the White House, where she was implictly accused of leaking information to NBC reporter Andrea Mitchell (see July 9, 2003). She denies leaking the information to Mitchell, and testifies that Libby spoke with Mitchell about such subjects. [International Herald Tribune, 1/25/2007; Marcy Wheeler, 1/25/2007]
Defense Notes Change in Martin's Testimony - The defense notes that Martin has changed the dates of some of her recollections from her previous statements to prosecutor Patrick Fitzgerald’s investigators. [International Herald Tribune, 1/25/2007; Marcy Wheeler, 1/25/2007; Marcy Wheeler, 1/25/2007; New York Times, 2/4/2007] The defense’s cross-examination of Martin extends into Monday, January 29; Fitzgerald briefly redirects her testimony. [Marcy Wheeler, 1/29/2007]
Attempt to Slow Trial Fails - A January 25 attempt by defense attorney Theodore Wells to slow the pace of the trial fails. Wells attempts to delay Martin’s testimony by complaining that he has not had an opportunity to review what he calls a “whole box” of the original copies of Martin’s notes. It would, Wells says, take hours for the defense team to read and review the notes. Fitzgerald reminds the court that the defense has had the notes for a year. Wells then complains that some of the notes are illegible. “I think that’s a bit of a spin,” Fitzgerald retorts, noting that he is only using about four pages of notes as evidence. “These copies were legible. Show me the pages that weren’t legible.” Judge Reggie Walton says that since it would be unethical for Wells to misrepresent his inability to read the documents, he has to accept Wells’s assertion. Fitzgerald then produces the notes, a small stack of documents that do not comprise a “whole box.” Walton, apparently exasperated, tells Wells he can review the notes during his lunch hour, and refuses to delay the trial. [New York Times, 2/10/2007]

Entity Tags: Ari Fleischer, Andrea Mitchell, Bill Harlow, Catherine (“Cathie”) Martin, Bush administration (43), Joseph C. Wilson, Lewis (“Scooter”) Libby, Tim Russert, Patrick J. Fitzgerald, Reggie B. Walton, Valerie Plame Wilson, Richard (“Dick”) Cheney, Theodore Wells, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Ari Fleischer, outside the courthouse where the Libby trial is underway.Ari Fleischer, outside the courthouse where the Libby trial is underway. [Source: Life]Former White House press secretary Ari Fleischer testifies in the trial of Lewis “Scooter” Libby (see January 16-23, 2007), and tells the court that he learned of Valerie Plame Wilson’s CIA status from Libby three days before Libby has said he first learned of it. If Fleischer is telling the truth, then Libby cannot have been truthful in his claims. Prosecutor Patrick Fitzgerald has told the court that in 2004 he offered Fleischer blanket immunity in return for his testimony (see February 13, 2004), without being sure what Fleischer would say in court. The defense team calls the arrangement highly unusual, and days before attempted to bar Fleischer’s testimony (see January 25-27, 2007). [MSNBC, 2/21/2007; BBC, 7/3/2007; Marcy Wheeler, 1/29/2009] The prosecution quickly elicits Fleischer’s admission that if he lies under oath, his immunity agreement becomes void and he, too, can be prosecuted. [Marcy Wheeler, 1/29/2009]
Libby Told Fleischer of Plame Wilson's Identity - Testifying under oath, Fleischer tells prosecuting attorney Peter Zeidenberg (handling the examination for Fitzgerald) that he learned of Plame Wilson’s identity from Libby during a lunch with him on July 7, the day after Plame Wilson’s husband’s controversial op-ed appeared in the New York Times (see July 6, 2003). Libby has told reporters he first learned about Plame Wilson’s identity on either July 10 or July 11 from NBC reporter Tim Russert (see July 10 or 11, 2003, March 5, 2004, and March 24, 2004). According to Fleischer, Libby told him: “Ambassador [Joseph] Wilson was sent by his wife. His wife works for the CIA.” Fleischer testifies that Libby referred to Wilson’s wife by her maiden name, Valerie Plame. Fleischer says, “He added it was hush-hush, on the Q.T., and that most people didn’t know it.” Fleischer also notes that Libby told him Plame Wilson worked in the Counterproliferation Division, where almost everyone is covert, though he testifies that he knows little about the CIA’s internal structure. Four days later, Fleischer heard of Plame Wilson’s CIA status again, that time from White House communications director Dan Bartlett (see July 6-10, 2003). Fleischer informed conservative columnist Robert Novak of Plame Wilson’s CIA status the same day he learned of it from Libby (see July 7, 2003), and told reporters David Gregory and John Dickerson the same information a week later in what he calls a casual conversation (see 8:00 a.m. July 11, 2003). Fleischer insists he believed the information about Plame Wilson was not classified, saying, “[N]ever in my wildest dreams [did I think] this information would be classified.” [CBS News, 1/25/2007; Marcy Wheeler, 1/29/2007; Washington Post, 1/30/2007; National Journal, 2/19/2007; Marcy Wheeler, 1/29/2009]
Defense Cross - The defense notes that Fleischer originally mispronounced Plame Wilson’s maiden name as “plah-MAY,” indicating that he may have read about her instead of being told of her identity. Fleischer says under cross-examination that he did not reveal Plame Wilson’s identity to reporters until he heard about the CIA official from a second White House aide, Bartlett (see July 7, 2003, 8:00 a.m. July 11, 2003, 1:26 p.m. July 12, 2003, and July 15, 2005). It was after Bartlett’s “vent” about Wilson that Fleischer says he decided to inform two reporters, NBC’s David Gregory and Time’s John Dickerson, of Plame Wilson’s CIA status. (Dickerson has said Fleischer did not tell him Plame Wilson was a CIA official—see February 7, 2006.) Fleischer testifies that neither Libby nor Bartlett invoked a White House protocol under which colleagues warned him when they were providing classified information that could not be discussed with reporters. [Marcy Wheeler, 1/29/2007; Marcy Wheeler, 1/29/2007; Washington Post, 1/30/2007; New York Times, 2/4/2007]
Post: Fleischer Impugns Libby 'Memory Defense' - The Washington Post calls Fleischer “the most important prosecution witness to date,” and continues: “Though a series of government officials have told the jury that Libby eagerly sought information about [Wilson], Fleischer was the first witness to say Libby then passed on what he learned: that Wilson’s wife was a CIA officer who had sent him on a trip to Africa.… Fleischer also reinforced the prosecution’s central argument: that Libby had been so determined to learn and spread information about Wilson and Plame that he could not have forgotten his efforts” (see January 31, 2006). [Washington Post, 1/30/2007] In 2004, Libby testified that he could not remember if he discussed Plame Wilson with Fleischer, though he admitted that he may have. [US Department of Justice, 3/5/2004 pdf file]

Entity Tags: Lewis (“Scooter”) Libby, John Dickerson, David Gregory, Joseph C. Wilson, Patrick J. Fitzgerald, Dan Bartlett, Peter Zeidenberg, Bush administration (43), Counterproliferation Division, Valerie Plame Wilson, Ari Fleischer, Robert Novak, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

Judith Miller, center, enters the courtroom. Her lawyer Robert Bennett is escorting her inside.Judith Miller, center, enters the courtroom. Her lawyer Robert Bennett is escorting her inside. [Source: Kevin Wolf / AP]Former New York Times reporter Judith Miller, who spent 85 days in jail trying to avoid testifying to the grand jury investigating the Valerie Plame Wilson identity leak (see July 6, 2005), testifies in the trial of former White House aide Lewis “Scooter” Libby (see January 16-23, 2007). Miller testifies that Libby told her in confidence that the wife of a prominent critic of the Iraq war, Joseph Wilson, worked at the CIA (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Libby has testified that he first learned of Plame Wilson’s CIA status three weeks later, from reporter Tim Russert (see July 10 or 11, 2003 and March 24, 2004). [CBS News, 1/25/2007; Washington Post, 7/3/2007]
'Perverted War of Leaks' - During their first meeting, Miller testifies: “Mr. Libby appeared to me to be agitated and frustrated and angry. He is a very low key and controlled guy, but he seemed annoyed.” Prosecutor Patrick Fitzgerald asks, “Did he indicate what he was annoyed at?” Miller replies, “He was concerned that the CIA was beginning to backpedal to try to distance itself from the unequivocal intelligence estimates it had provided before the war.” She goes on to say that Libby had called the CIA’s action “a perverted war of leaks.” During their subsequent meetings, Libby exhibited an increasing irritation with the idea that the CIA would leak information to put distance between itself and earlier estimates of Iraqi WMD capabilities. According to Miller: “He said that nobody had ever [sic] come to the White House from the CIA and said, ‘Mr. President, this is not right.’ He felt that if the CIA had had such doubts, they should have shared them with the president.”
Outing Plame Wilson - Miller testifies that Libby broached the subject of Joseph Wilson’s trip to Africa (see February 21, 2002-March 4, 2002) during their first meeting. At the time, Wilson was still criticizing the administration anonymously (see May 6, 2003), and few outside Washington knew who he was. Miller says that Libby began by calling Wilson “that clandestine guy,” and only later began referring to him by name. Miller testifies, “He [Libby] said the vice president did not know that Mr. Wilson had been sent on this trip” (see March 5, 2002). Libby told Miller that Cheney did not know of Wilson and “did not get a readout” on Wilson’s findings. As “an aside,” Miller testifies, Libby told her during their first meeting that Wilson’s wife “worked in the bureau.” Miller says at first she was not sure what he was referring to, and speculated that “the bureau” might mean the FBI, but, she says, “it became clear that he was referring to the CIA.” Libby never indicated whether Plame Wilson was a covert official, but during the second meeting, he told her (incorrectly) that Plame Wilson worked in WINPAC, the Weapons Intelligence, Non-Proliferation, and Arms Control Center of the CIA. Libby, Miller testifies, viewed the entire Wilson trip as “a ruse—that’s the word he used—an irrelevancy.” She confirms that during their second meeting, Libby took the unprecedented step of having her identify him in her reporting as “a former Hill staffer,” an apparent attempt to mislead readers into thinking the information he was providing to her was coming from someone who used to work in Congress. Miller testifies that she wanted to write about Plame Wilson being a CIA official, but her editor at the Times, Jill Abramson, refused to allow it. [Marcy Wheeler, 1/30/2007; National Review, 1/31/2007]
Leaking NIE Material - Miller says that Libby began providing her with sensitive information culled from the October 2002 National Intelligence Estimate (NIE—see October 1, 2002) during their second and third meetings. Libby told her that the classified information from the NIE was even stronger in its support of Iraqi WMD claims than what he was giving her. Miller wasn’t sure if the information Libby gave her was classified or unclassified. [Marcy Wheeler, 1/30/2007]
'Refreshed' Memory with Notes - Fitzgerald shows Miller that in her initial testimony before his grand jury (see September 30, 2005), she failed to mention her first discussion of Plame Wilson’s identity with Libby on June 23. Miller claims that she refreshed her memory of that first discussion from her notes of the meeting, which she found in a shopping bag near her desk at the Times, and clarified her testimony in a later appearance (see October 12, 2005).
Defense Focuses on Self-Contradictions - During the defense’s cross-examination, Libby’s attorney William Jeffress hammers at Miller over her seemingly contradictory testimony, sometimes eliciting testy responses. Miller tells the court that her memory “is mostly note-driven,” and that rereading the notes “brought back these memories” of the June 23 meeting. [Marcy Wheeler, 1/30/2007; Marcy Wheeler, 1/30/2007; Marcy Wheeler, 1/30/2007; National Review, 1/31/2007; MSNBC, 2/21/2007] Author Marcy Wheeler, observing the proceedings for the progressive blog FireDogLake, notes that Miller seems extremely nervous and fidgety under Jeffress’s cross-examination. [Marcy Wheeler, 1/30/2007] Miller’s January 30 court testimony ends almost an hour ahead of schedule after Jeffress attempts to ask her about other sources besides Libby with whom she may have discussed Wilson. Miller’s attorney, Bob Bennett, objects, saying questions about other sources are off limits. Judge Reggie Walton dismisses the jury for the day and listens to arguments for and against the line of questioning. Jeffress tells Walton, “I think she’s going to say she couldn’t remember which is very important to her credibility.” Defense lawyer Theodore Wells adds that it is important to have Miller answer the question because it would cast doubt on her testimony. “This is classic 101 [witness] impeachment,” he says. Walton will rule against the line of questioning, agreeing with Fitzgerald that quizzing Miller about her information on Iraqi WMDs is irrelevant to the charges pending against Libby. [Marcy Wheeler, 1/30/2007; Wall Street Journal, 1/31/2007]
'I Just Don't Remember' - The next day, Jeffress continues to aggressively cross-examine Miller. She tells the court she is not completely sure she learned of Plame Wilson’s identity from Libby before she learned it elsewhere, giving Libby’s lawyers an avenue to challenge her memory and her credibility. Miller now says she cannot be “absolutely, absolutely certain” that she first heard about Plame Wilson from Libby. As with earlier government witnesses (see January 23-24, 2007, January 24-25, 2007, January 24, 2007, and January 29, 2007), the defense lawyers challenge Miller’s memory and recollection of events. Jeffress notes that she misspelled Plame Wilson’s name in her notes, identifying her as “Valerie Flame.” Miller shows signs of irritation during the cross-examination, at one point repeating loudly: “I just don’t remember. I don’t remember.” [Marcy Wheeler, 1/30/2007; New York Times, 1/31/2007; Marcy Wheeler, 1/31/2007; New York Times, 2/4/2007]

Entity Tags: Joseph C. Wilson, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Reggie B. Walton, Marcy Wheeler, Richard (“Dick”) Cheney, Judith Miller, Theodore Wells, Robert T. Bennett, Jill Abramson, Tim Russert, William Jeffress, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Time reporter Matt Cooper testifies at the perjury and obstruction trial of former White House official Lewis “Scooter” Libby about his conversations with Libby concerning the identity of CIA officer Valerie Plame Wilson. Cooper confirms that he learned that Plame Wilson worked with the CIA from both Libby and White House political strategist Karl Rove (see 11:00 a.m. July 11, 2003), but did not ask Libby how he knew Plame Wilson was indeed a CIA officer. According to Cooper, when he mentioned learning from Rove that Plame Wilson was a CIA officer, Libby said, “I’ve heard that too.” Cooper says that Libby did not qualify his statement in any way, though in 2004, Libby testified to the grand jury (see March 5, 2004 and March 24, 2004) that he told both Cooper and reporter Judith Miller that he was merely citing rumors he had heard from other reporters (see July 10 or 11, 2003). Cooper confirms that Libby did not indicate the information about Plame Wilson was classified, nor did he say anything about learning it from other journalists. Libby’s lawyers attack Cooper’s credibility, noting that his testimony does not precisely match what he told his editors at the time, and suggest he could have learned of Plame Wilson’s CIA identity from other reporters. [Marcy Wheeler, 1/31/2007; Washington Post, 2/1/2007; National Review, 2/1/2007; New York Times, 2/4/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] Cooper initially said that he considered Libby’s remark “off the record,” a term reporters use to indicate that a comment cannot be used in print. Later, Cooper says he considered it confirmation that could be used as background attribution. He also acknowledges that he changed the wording of Libby’s quote slightly for the Time article. Cooper testifies that he didn’t take any notes on that exchange or include it in his memo to his editor and fellow reporters. “I can’t explain that,” he says. “It was late in the day. I didn’t write it down, but it is my memory.” [Associated Press, 1/31/2007]
Rove's Involvement - Cooper’s testimony gives defense lawyers the opportunity to bring up Rove’s involvement, since Cooper learned of Plame Wilson’s identity from Rove before he learned it from Libby (see 2:24 p.m. July 12, 2003). Cooper says that he was told by Rove that Plame Wilson, not Vice President Dick Cheney, sent former ambassador Joseph Wilson to Niger (see July 6, 2003). [CBS News, 1/25/2007; Marcy Wheeler, 1/31/2007]
Sloppy Journalism - The Washington Post notes of Cooper’s testimony juxtaposed with Judith Miller’s, who preceded him on the stand (see January 30-31, 2007): “The pair’s turn on the witness stand also provided an unflattering portrayal of how some of Washington’s most prominent journalists work. If the testimony of half a dozen government officials earlier in the trial exposed infighting at the highest levels of the Bush administration, the testimony of Cooper and Miller exposed jurors—and the public—to the sloppy and incomplete note-taking of reporters, their inability to remember crucial interviews, and, in Miller’s case, important interview notes stuffed into a shopping bag under her desk.” [Washington Post, 2/1/2007]

Entity Tags: Valerie Plame Wilson, Richard (“Dick”) Cheney, Karl C. Rove, Matthew Cooper, Judith Miller, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Jurors in the Lewis Libby perjury trial (see January 16-23, 2007) hear six more hours of audio recordings of Libby’s 2003 and 2004 grand jury testimony (see March 5, 2004, March 24, 2004, and February 1-5, 2007). They spent all of yesterday listening to Libby’s testimony from the same audio recordings (see February 5, 2007). Today, jurors hear Libby acknowledging that he originally learned of Valerie Plame Wilson’s CIA identity from his then-boss, Vice President Dick Cheney (see (June 12, 2003)). But, Libby said, he “forgot” that he had learned that information from Cheney, so when he heard it a second time from NBC News bureau chief Tim Russert (see July 10 or 11, 2003), he thought that he was hearing it for the first time. According to Libby, Russert asked him in July 2003, “Did you know that [former] ambassador [Joseph] Wilson’s wife works at the CIA?” Libby added: “And I was a little taken aback by that. I remember being taken aback by it.” Libby’s testimony conflicts with testimony given by many other witnesses, who say Libby discussed Wilson’s wife with them before the stated date of the Libby-Russert conversation. In his grand jury testimony, Russert said he didn’t recall Plame Wilson’s name coming up at all in his conversation with Libby (see February 7-8, 2007). In other portions of the audio tapes, Libby is heard repeatedly claiming that he cannot remember details of conversations other officials have said they had with him. [FireDogLake, 2/5/2007; FireDogLake, 2/6/2007; FireDogLake, 2/6/2007; FireDogLake, 2/6/2007; FireDogLake, 2/6/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] Prosecutor Patrick Fitzgerald says of Libby’s claimed memory lapse, “You can’t be startled about something on Thursday [July 10] that you told other people about on Monday [July 7] and Tuesday [July 8].” Fitzgerald is referring to Libby’s disclosure of Plame Wilson’s identity to reporter Judith Miller (see 8:30 a.m. July 8, 2003). [FireDogLake, 2/5/2007; National Journal, 2/19/2007] Jurors are able to follow the audiotapes with printed copies of Libby’s testimony as well as from a display on a large television monitor. [CBS News, 1/25/2007; FireDogLake, 2/5/2007] The grand jury replay will conclude tomorrow morning (see February 7, 2007).

Entity Tags: Joseph C. Wilson, Patrick J. Fitzgerald, Judith Miller, Tim Russert, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Artist’s sketch of Tim Russert testifying in the Libby trial.Artist’s sketch of Tim Russert testifying in the Libby trial. [Source: Art Lien / CourtArtist (.com)]NBC Washington bureau chief Tim Russert testifies in the trial of Lewis “Scooter” Libby (see January 16-23, 2007), following almost three days of videotaped testimony from Libby (see February 7, 2007). Russert’s testimony is virtually identical to statements he previously made to an FBI investigator (see November 24, 2003) and to the Plame Wilson grand jury (see August 7, 2004).
Never Discussed Plame Wilson with Libby - Questioned by prosecutor Patrick Fitzgerald, Russert contradicts Libby’s 2004 testimony, where Libby said he learned of CIA officer Valerie Plame Wilson’s identity from Russert in July 2003 (see March 5, 2004 and March 24, 2004). Russert says that in July 2003 he spoke with Libby, who complained about MSNBC news anchor Chris Matthews’s coverage of the Iraq war (see July 10 or 11, 2003). Libby testified that at the end of that phone call, Russert broached the subject of war critic Joseph Wilson and told him that Wilson’s wife worked for the CIA, saying, “[A]ll the reporters know” that Plame Wilson is a CIA officer. Russert tells the jury: “That would be impossible. I didn’t know who that person was until several days later.” He adds: “If he had told me [Plame Wilson’s identity], I would have asked him how he knew that, why he knew that, what is the relevance of that. And since [it was] a national security issue, my superiors [would] try to pursue it.”
Cross-Examination Focuses on Faulty Recollections - Libby’s lawyer, Theodore Wells, is skeptical of Russert’s denial. “You have the chief of staff of the vice president of the United States on the telephone and you don’t ask him one question about it?” he asks. “As a newsperson who’s known for being aggressive and going after the facts, you wouldn’t have asked him about the biggest stories in the world that week?” Russert replies, “What happened is exactly what I told you.” Wells cites a transcript of Russert’s initial testimony before the FBI, in which he said he could not rule out discussing Plame Wilson with Libby. Russert says he doesn’t believe that is what he told the FBI. Wells asks, “Did you disclose in the affidavit to the court that you had already disclosed the contents of your conversation with Mr. Libby?” Russert attempts to answer, saying, “As I’ve said, sir…” but Wells cuts him off, saying, “It’s a yes or no question.” Russert responds, “I’d like to answer it to the best of my ability.” Wells says: “This is a very simple question. Either it’s in the affidavit or it’s not. Did you disclose to the court that you had already communicated to the FBI the fact that you had communicated with Mr. Libby?” Russert answers, “No” (see Late February or Early March, 2004). Wells attempts to raise questions about Russert’s ethics and credibility, and implies that Russert wanted to see Libby face charges. In follow-up questioning, Fitzgerald asks Russert, “Did you take joy in Mr. Libby’s indictment?” Russert replies: “No, not at all. And I don’t take joy in being here” in the courtroom as a witness. During the second day of Russert’s testimony, defense lawyers ask why Russert told the FBI about his conversation with Libby, but said he would not testify if subpoenaed; Russert says he viewed the FBI conversation and the subpoena differently. During redirect, Fitzgerald notes that during Libby’s grand jury testimony, Libby claimed that he had indeed learned of Plame Wilson’s identity from his then-boss, Vice President Dick Cheney, but had forgotten about it, and when Russert told him about Plame Wilson’s CIA status, it was as if it were new information to him (see February 6, 2007). [FireDogLake, 2/7/2007; FireDogLake, 2/7/2007; FireDogLake, 2/7/2007; FireDogLake, 2/7/2007; FireDogLake, 2/7/2007; FireDogLake, 2/7/2007; CNN, 2/8/2007; New York Times, 2/9/2007; Associated Press, 2/9/2007; MSNBC, 2/12/2007; MSNBC, 2/21/2007] The Associated Press writes: “Wells wants to cast Russert as someone who cannot be believed, who publicly championed the sanctity of off-the-record conversations but privately revealed that information to investigators. Russert said he viewed the FBI conversation and testimony to prosecutors differently.” [Associated Press, 2/9/2007]
Potential Mistrial Averted - The jurors are not supposed to read about the trial in the press or watch television coverage of it; resultingly, they are provided newspapers with the pertinent information scissored out. As the jurors enter the courtroom for Russert’s second day of testimony, Judge Reggie Walton notes that they were given newspapers with a Washington Post article, headlined “Tim Russert on the Uncomfortable Side of a Question,” unredacted. A juror brought the newspaper to the attention of the marshals immediately upon receipt of it, and no juror admits to having read it. Walton rules that no harm has been done, and a potential mistrial is averted. [FireDogLake, 2/7/2007]

Entity Tags: Lewis (“Scooter”) Libby, NBC News, Reggie B. Walton, Joseph C. Wilson, Richard (“Dick”) Cheney, Chris Matthews, Theodore Wells, Valerie Plame Wilson, Patrick J. Fitzgerald, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

Based on Monday’s parade of reporters testifying that they were not told of Valerie Plame Wilson’s CIA identity by former White House official Lewis Libby (see February 12, 2007, February 12, 2007, February 12, 2007, February 12, 2007, and February 12, 2007), National Review columnist Byron York asks the same question Libby’s lawyers are asking during the trial: if Libby leaked Plame Wilson’s identity to reporters Judith Miller and Matt Cooper (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003), why didn’t he leak it to the other reporters who testified? York writes: “Each was covering events in Washington during that intense period in mid-2003 when the Bush administration came under attack from former ambassador Joseph Wilson over its case for war in Iraq. Each interviewed Libby, then Vice President Dick Cheney’s chief of staff. And each heard nothing from Libby about Valerie Plame Wilson.… Did Cheney, who is portrayed in some scenarios as the mastermind of the leak, tell Libby to disclose Mrs. Wilson’s identity to Matt Cooper and not to Bob Woodward? To Judith Miller and not to Robert Novak?” These are the questions York says the defense hopes the jury will ask. York notes that Washington Post reporter Walter Pincus directly contradicted former White House press secretary Ari Fleischer’s claim that he did not tell Pincus of Plame Wilson’s identity, an exchange York says heavily damages Fleischer’s credibility. The defense contends that Libby may have learned of Plame Wilson’s CIA identity from other, unnamed reporters; Libby, the defense says, later “misremembered” his source as being NBC’s Tim Russert (see July 10 or 11, 2003 and February 7-8, 2007), who has contradicted Libby’s claim that he learned of Plame Wilson’s CIA identity from him. York says that the most telling moments came during the testimony of Post reporter Bob Woodward, who played an audiotape of his conversation with then-Deputy Secretary of State Richard Armitage, who told him of Plame Wilson’s identity well before Libby exposed the CIA official to the press (see June 13, 2003). Armitage’s statement that “everyone knows it” refers, York writes, to Joseph Wilson being the anonymous former ambassador criticizing the Bush administration in the press, but York notes that some in the jury might take the reference to mean that “everyone knows” of Plame Wilson’s CIA status. “In any event, none of it had anything to do with Libby, except that Libby was not the one leaking,” York concludes. [National Review, 2/13/2007]

Entity Tags: Lewis (“Scooter”) Libby, Bush administration (43), Bob Woodward, Ari Fleischer, Byron York, Judith Miller, Matthew Cooper, Richard Armitage, Valerie Plame Wilson, Robert Novak, Tim Russert, Richard (“Dick”) Cheney, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Victoria Toensing, a former deputy assistant attorney general in the Reagan administration, writes an op-ed for the Washington Post structured to imitate a legal indictment. Toensing asks if anyone can explain “why Scooter Libby is the only person on trial in the Valerie Plame [Wilson] leak investigation?” (The Washington Post, which publishes the op-ed, does not disclose Toensing’s own ties to Libby’s defense—see March 23, 2005. [Washington Post, 2/18/2007] Neither does it disclose the longtime personal relationship between Toensing, her husband Joseph DiGenova, and columnist Robert Novak, who outed Plame Wilson—see July 14, 2003. [Wilson, 2007, pp. 292] Neither does it disclose Toensing’s frequent criticisms of the investigation, including her position that the CIA and/or Joseph Wilson is responsible for outing Plame Wilson, and her belief that the entire trial is invalid (see November 2-9, 2005, November 3, 2005, November 7, 2005, and September 15, 2006).) Toensing dismisses the arguments laid out by special prosecutor Patrick Fitzgerald that Libby, the former chief of staff to Vice President Dick Cheney, lied to grand jurors (see March 5, 2004 and March 24, 2004) in order to keep secret a White House conspiracy to besmirch the reputation of White House critic Joseph Wilson (see July 6, 2003). Toensing calls the Libby indictment a “he said, she said” case based on conflicting testimony from other people. She proceeds to lay out her own “indictments”:
Patrick Fitzgerald - for “ignoring the fact that there was no basis for a criminal investigation from the day he was appointed,” for “handling some witnesses with kid gloves and banging on others with a mallet,” for “engaging in past contretemps with certain individuals that might have influenced his pursuit of their liberty, and with misleading the public in a news conference because… well, just because.” Toensing argues that Fitzgerald should have known from the outset that Plame Wilson was never a covert agent, and if he didn’t, he could have merely asked the CIA. Toensing writes, “The law prohibiting disclosure of a covert agent’s identity requires that the person have a foreign assignment at the time or have had one within five years of the disclosure, that the government be taking affirmative steps to conceal the government relationship, and for the discloser to have actual knowledge of the covert status.” Toensing is grossly in error about Plame Wilson’s covert status (see Fall 1992 - 1996, Late 1990s-2001 and Possibly After, April 22, 1999, (July 11, 2003), Before July 14, 2003, July 22, 2003, July 30, 2003, September 30, 2003, October 11, 2003, October 22-24, 2003, January 9, 2006, February 13, 2006, and September 6, 2006). She also insinuates that Fitzgerald has two conflicts of interest: one in prosecuting Libby, as Fitzgerald investigated the Clinton-era pardon of financier Marc Rich, who was represented by Libby, and another in moving to jail reporter Judith Miller for refusing to provide evidence (see July 6, 2005) because Fitzgerald had subpoenaed Miller’s phone records for another, unrelated prosecution. Toensing questions Fitzgerald’s grant of immunity to former White House press secretary Ari Fleischer (see January 29, 2007), and complains that Fitzgerald allowed NBC News bureau chief Tim Russert to be interviewed with his lawyer present (see August 7, 2004), while columnist Robert Novak “was forced to testify before the grand jury without counsel present.” She concludes by accusing Fitzgerald of “violating prosecutorial ethics by discussing facts outside the indictment during his Oct. 28, 2005, news conference” (see October 28, 2005).
The CIA - “for making a boilerplate criminal referral to cover its derriere.” The Intelligence Identities Protection Act (IIPA), which Toensing helped negotiate in 1982, was never violated, she asserts, because Plame Wilson was never a covert agent. Instead of handling the issue internally, Toensing writes, the CIA passed the responsibility to the Justice Department by sending “a boiler-plate referral regarding a classified leak and not one addressing the elements of a covert officer’s disclosure.”
Joseph Wilson - for “misleading the public about how he was sent to Niger, about the thrust of his March 2003 oral report of that trip, and about his wife’s CIA status, perhaps for the purpose of getting book and movie contracts.” Toensing writes that Wilson appeared on Meet the Press the same day as his op-ed was published in the New York Times, and told host Andrea Mitchell, “The Office of the Vice President, I am absolutely convinced, received a very specific response to the question it asked and that response was based upon my trip there.” Toensing accepts Cheney’s denial of any involvement in Wilson’s trip and his denial that he was ever briefed on Wilson’s findings. Toensing argues that Wilson lied when he told other reporters that he was sent to Niger because of his “specific skill set” and his connections in the region (see February 21, 2002-March 4, 2002), and not because his wife sent him (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). Toensing uses portions of the Senate Intelligence Committee report to bolster her claim (see June 11, 2003 and July 9, 2004). She also challenges Wilson’s assertions that his oral report on his trip was not classified (see March 4-5, 2002, (March 6, 2002), March 8, 2002, and March 5, 2002). And she accuses Wilson of “play[ing] coy” about his wife’s CIA status.
The Media - for “hypocrisy in asserting that criminal law was applicable to this ‘leak’ and with misreporting facts to wage a political attack on an increasingly unpopular White House.” Major newspapers have “highfalutin’, well-paid” lawyers who should have known better than to let their clients call for special investigations into the Plame Wilson leak. The media has consistently “display[ed] their prejudice in this case.”
Ari Fleischer - “because his testimony about conversations differs from reporters’ testimony, just as Libby’s does.” Fleischer testified under oath that he revealed Plame Wilson’s identity to two reporters, Time’s John Dickerson and NBC’s David Gregory (see 8:00 a.m. July 11, 2003). Dickerson denies it and Gregory refuses to comment. Fleischer testified he did not tell the Washington Post’s Walter Pincus about Plame Wilson’s identity, contradicting Pincus’s own testimony that Fleischer did, indeed, ask repeatedly about the Wilsons (see January 29, 2007 and February 12, 2007). Because Fleischer “contradicted Pincus as materially as Libby contradicted Russert or Time’s Matthew Cooper,” he should be indicted as well. Instead, Fitzgerald gave Fleischer immunity in return for his testimony (see February 13, 2004). In that case, Toensing argues, Fitzgerald should indict Pincus insamuch as his testimony differs from Fleischer’s.
Former Deputy Secretary of State Richard Armitage - for not publicly revealing that he was perhaps the first to leak Plame Wilson’s name to the press (see June 13, 2003 and July 8, 2003). Armitage also discussed his FBI interview with his then-subordinate, Marc Grossman, the night before Grossman was due to meet with FBI investigators (see June 10, 2003).
The US Justice Department - for “abdicating its legal and professional responsibility by passing the investigation off to a special counsel out of personal pique and reasons of ambition.” Both then-Attorney General John Ashcroft and his deputy, James Comey, could have asked the CIA to confirm Plame Wilson’s covert status, Toensing writes. She also insinuates that Comey acted improperly in giving the investigation to Fitzgerald, “a former colleague and one of his best friends.” [Washington Post, 2/18/2007]
Refutation - Toensing’s arguments are refuted by former CIA agent Larry Johnson, who accuses Toensing of attempted jury tampering (see February 18, 2007).

Entity Tags: John Dickerson, Valerie Plame Wilson, US Department of Justice, Victoria Toensing, Walter Pincus, John Ashcroft, David Gregory, Andrea Mitchell, Ari Fleischer, Central Intelligence Agency, Tim Russert, Senate Intelligence Committee, Washington Post, Richard Armitage, Larry C. Johnson, Lewis (“Scooter”) Libby, Judith Miller, Joseph C. Wilson, Joseph diGenova, James B. Comey Jr., Robert Novak, Matthew Cooper, Office of the Vice President, Patrick J. Fitzgerald, Richard (“Dick”) Cheney, Marc Rich, Marc Grossman

Timeline Tags: Niger Uranium and Plame Outing

Peter Zeidenberg (left) and Patrick Fitzgerald outside the courthouse during the Libby trial.Peter Zeidenberg (left) and Patrick Fitzgerald outside the courthouse during the Libby trial. [Source: Reuters / Jonathan Ernst]After some final sparring between opposing counsel, the prosecution makes its closing argument in the Lewis Libby perjury and obstruction trial. Assistant prosecutor Peter Zeidenberg opens with a lengthy presentation summing up the prosecution’s case against Libby. [Marcy Wheeler, 2/20/2007; MSNBC, 2/21/2007]
Evidence Proves Libby Lied to FBI, Grand Jury - According to Zeidenberg, the evidence as presented shows that Libby lied to both the FBI (see October 14, 2003 and November 26, 2003) and the grand jury empaneled to investigate the Plame Wilson identity leak (see March 5, 2004 and March 24, 2004). He lied about how he learned about Valerie Plame Wilson’s CIA identity, who he spoke to about it, and what he said when he talked to others about Plame Wilson. A number of witnesses, including NBC reporter Tim Russert (see February 7-8, 2007), testified about Libby’s discussions to them about Plame Wilson’s identity. Libby forgot nine separate conversations over a four-week period, Zeidenberg says, and invented two conversations that never happened, one with Russert and one with Time magazine reporter Matthew Cooper. “That’s not a matter of forgetting or misremembering,” he says, “it’s lying.”
No Evidence of White House 'Scapegoating' - The defense argued in its opening statement that Libby was being “scapegoated” by the White House to protect the president’s deputy chief of staff, Karl Rove (see January 23, 2007). No witness, either for the prosecution or the defense, referenced any such effort to scapegoat Libby. The defense may have promised evidence showing such a conspiracy to frame Libby, but, Zeidenberg says, “unfulfilled promises from counsel do not constitute evidence.”
Libby Learned of Plame Wilson's Identity from Five Administration Officials in Three Days - Zeidenberg then walks the jury through the testimony as given by prosecution witnesses. Both former State Department official Marc Grossman (see January 23-24, 2007) and former CIA official Robert Grenier testified (see January 24, 2007) that Libby had badgered Grossman for information about former ambassador and administration critic Joseph Wilson (see May 29, 2003), and Grossman not only told Libby about Wilson and his CIA-sponsored trip to Niger, but that Wilson’s wife was a CIA official (see June 10, 2003 and 12:00 p.m. June 11, 2003). Zeidenberg notes, “When Grossman told this to Libby, it was the fourth time, in two days, that Libby had been told about Wilson’s wife.” Libby had learned from Vice President Cheney that Wilson’s wife was a CIA official (see (June 12, 2003)). Two hours after Libby’s meeting with Grossman, Grenier told the jury that Libby had pulled him out of a meeting to discuss Wilson (see 2:00 p.m. June 11, 2003). During that impromptu discussion, Grenier told Libby that Wilson’s wife was a CIA official. Libby then learned of Plame Wilson’s CIA status from Cathie Martin, Cheney’s communications aide (see 5:25 p.m. June 10, 2003 and 5:27 p.m. June 11, 2003). Martin, who testified for the prosecution (see January 25-29, 2007), learned of Plame Wilson’s CIA status from CIA press official Bill Harlow. Zeidenberg ticks off the officials who informed Libby of Plame Wilson’s CIA status: Cheney, Grenier, Martin, and Grossman. (Zeidenberg is as yet unaware that Libby had also heard from another State Department official, Frederick Fleitz, of Plame Wilson’s CIA status—see (June 11, 2003)). On June 14, Libby heard about Plame Wilson from another CIA official, briefer Craig Schmall (see 7:00 a.m. June 14, 2003), who has also testified for the prosecution (see January 24-25, 2007). Schmall’s testimony corroborates the testimony from Martin, Grossman, and Grenier, Zeidenberg asserts.
Leaking Information to Judith Miller - On June 23, just over a week after learning Plame Wilson was a CIA official, Libby informed then-New York Times reporter Judith Miller of Plame Wilson’s CIA status (see June 23, 2003). Why? Zeidenberg asks. Because Libby wanted to discredit the CIA over what Libby saw as the agency’s failure to back the administration’s claims about Iraqi WMDs. Miller is the sixth person, Zeidenberg says, that Libby talked to about Plame Wilson. Miller also testified for the prosecution (see January 30-31, 2007).
Told Press Secretary - On July 7, Libby told White House press secretary Ari Fleischer about Plame Wilson (see 12:00 p.m. July 7, 2003). Fleischer, under a grant of immunity from the prosecution, also testified (see January 29, 2007). By that point, Wilson had published his op-ed in the New York Times (see July 6, 2003), a column the administration considered to be highly damaging towards its credibility. Libby told Fleischer that the information about Plame Wilson was to be kept “hush hush.” However, Zeidenberg says, it is likely that Libby intended Fleischer to spread the information about Plame Wilson to other reporters, which in fact he did (see 8:00 a.m. July 11, 2003). Fleischer is the seventh person that evidence shows Libby spoke to concerning Plame Wilson.
Conferring with Cheney's Chief Counsel - The eighth person in this list is David Addington. At the time, Addington was Cheney’s chief counsel; after Libby stepped down over being indicted for perjury and obstruction (see October 28, 2005), Addington replaced him as Cheney’s chief of staff. Addington also testified for the prosecution (see January 30, 2007). Libby asked Addington if the president could legally declassify information at will, referring to the October 2002 National Intelligence Estimate on Iraq (NIE—see October 1, 2002). Libby planned on leaking NIE material to Miller on July 8 (see 8:30 a.m. July 8, 2003).
Leaking Classified Material to Miller - As stated, Libby indeed leaked classified material to Miller, during their meeting at the St. Regis Hotel. The “declassification” was highly unusual; only Cheney, Libby, and President Bush knew of the declassification. Libby again told Miller of Plame Wilson’s CIA status, and this time told her, incorrectly, that Plame Wilson worked in the WINPAC (Weapons Intelligence, Nonproliferation, and Arms Control) section of the agency. Cheney and Libby chose Miller, of all the reporters in the field, to leak the information to, Zeidenberg says; in her turn, Miller went to jail for almost three months rather than testify against Libby (see October 7, 2004). That fact damages her credibility as a prosecution witness.
The Russert Claim - Zeidenberg then turns to NBC’s Russert, who also testified for the prosecution (see February 7-8, 2007). Zeidenberg notes that after lead defense attorney Theodore Wells initially asserted that neither Russert nor any other reporter testifying for the prosecution was lying under oath, Wells and other defense attorneys cross-examined Russert for over five hours trying to prove that he indeed did lie. Libby claimed repeatedly to the grand jury that Russert told him of Plame Wilson’s CIA identity (see July 10 or 11, 2003), an assertion Russert has repeatedly denied. Zeidenberg plays an audiotape of Libby’s grand jury testimony featuring Libby’s assertion. Libby, Zeidenberg states, lied to the grand jury. Russert never made any such statement to Libby. [Marcy Wheeler, 2/20/2007] The defense tried to assert that Russert lied about his conversation with Libby because of some “bad blood” between the two. However, “evidence of [such a] feud is completely absent from the trial.” And if such a feud existed, why would Libby have chosen Russert to lie about before the jury? Such an assertion is merely a desperate attempt to discredit Russert, Zeidenberg says.
Matthew Cooper - Zeidenberg then turns to former Time reporter Matthew Cooper, another recipient of a Libby leak about Plame Wilson (see 2:24 p.m. July 12, 2003). Cooper also testified for the prosecution (see January 31, 2007). When Libby told the grand jury that Cooper asked him about Plame Wilson being a CIA official, and Libby said he responded, “I don’t know if it’s true,” Libby lied to the jury. Zeidenberg plays the audiotape of Libby making the Cooper claim. Had Libby made such a statement, Cooper could not have used it as confirmation of his own reporting. Cooper did indeed use Libby as a source for a Time article (see July 17, 2003). Cooper’s testimony is corroborated by Martin’s recollection of the Libby-Cooper conversation. Zeidenberg says: “Martin was present. She never heard any of what you heard Libby just hear it. She never heard, ‘I don’t know if it’s true.’ If she had heard it, she would have said something, because she knew it was true.”
FBI Agent Bond's Testimony - Zeidenberg briefly references testimony from FBI agent Deborah Bond (see February 1-5, 2007), who told the court that Libby may have discussed leaking Plame Wilson’s identity to the press. Bond’s testimony corroborates the prosecution’s assertion that Libby attempted to obscure where he learned of Plame Wilson’s identity.
Grounds for Conviction - Zeidenberg reminds the jury of the three separate instances the prosecution says are Libby lies, then tells them if they find any one of the three statements to be actual lies, they can convict Libby of perjury. “You don’t have to find that all three were false beyond reasonable doubt,” he says. “You have to unanimously agree on any one.” Of the two false statements Libby is charged with making to investigators, the jury need only find one of them is truly false.
Defense Assertions - Zeidenberg turns to Libby’s main defense, that he was so overwhelmed with important work as Cheney’s chief of staff that it is unreasonable to expect him to remember the details that he is accused of lying about (see January 31, 2006). Zeidenberg says the trial has elicited numerous instances of conversations Libby had, for example his conversation with Rove about Robert Novak (see July 8 or 9, 2003), that he remembered perfectly well. Zeidenberg then plays the relevant audiotape from the grand jury proceedings. Why is it, he asks, that Libby can remember that conversation so well, but consistently misremembered nine separate conversations he had about Plame Wilson? “When you consider Libby’s testimony, there’s a pattern of always forgetting about Wilson’s wife,” Zeidenberg says. Libby remembered details about Fleischer being a Miami Dolphins fan, but didn’t remember talking about Plame Wilson. He remembered talking about the NIE with Miller, but not Plame Wilson. He remembered talking about declassification with Addington, but not Wilson’s wife. Zeidenberg calls it a “convenient pattern,” augmented by Libby’s specific recollections about not discussing other issues, such as Cheney’s handwritten notes about Wilson’s op-ed (see July 7, 2003 or Shortly After). The defense also claims that Libby confused Russert with Novak; Zeidenberg puts up pictures of Russert and Novak side by side, and asks if it is credible to think that Libby made such a mistake. The entire “memory defense,” Zeidenberg says, is “not credible to believe. It’s ludicrous.” Libby was far too involved in the administration’s efforts to discredit Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). [Associated Press, 2/20/2007; Marcy Wheeler, 2/20/2007]
Motive to Lie - Zeidenberg addresses the idea of motive: why would Libby lie to the FBI and the grand jury, and why nine government witnesses would lie to the Libby jury. “Is it conceivable that all nine witnesses would make the same mistake in their memory?” he asks. Not likely. It is far more likely that Libby was motivated to lie because when he testified to FBI investigators, he knew there was an ongoing investigation into the Plame Wilson leak. He knew he had talked to Miller, Cooper, and Fleischer. He knew the FBI was looking for him. He knew from newspaper articles entered into evidence that the leak could have severely damaged Plame Wilson’s informant network and the Brewster Jennings front company (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). Even Addington’s testimony, about Libby asking him about the legality of leaking classified information, is evidence of Libby’s anxiety over having disclosed such information. And Libby knew that such disclosure is a breach of his security clearance, not only risking his job, but prosecution as well. So when he is questioned by the FBI, he had a choice: tell the truth and take his chances with firing and prosecution for disclosing the identity of a covert agent, or lie about it. “And, ladies and gentlemen,” Zeidenberg says, “he took the second choice. He made up a story that he thought would cover it.” And when caught out, he claimed to have forgotten that he originally knew about Plame Wilson’s identity. Libby, Zeidenberg says, “made a gamble. He lied. Don’t you think the FBI and the grand jury and the American people are entitled to straight answers?” [Marcy Wheeler, 2/20/2007; Murray Waas, 12/23/2008]
No Conspiracy, Just a Lie - Zeidenberg concludes by telling the jury that there was no grand White House conspiracy to scapegoat Libby, nor was there an NBC conspiracy to smear him. The case is just about Libby lying to federal authorities. “When you consider all the evidence, the government has established that the defendant lied to the FBI, lied to the grand jury, and obstructed justice.” [Marcy Wheeler, 2/20/2007]

Entity Tags: Matthew Cooper, Peter Zeidenberg, Theodore Wells, Robert Novak, Valerie Plame Wilson, Tim Russert, Marc Grossman, Robert Grenier, Lewis (“Scooter”) Libby, Frederick Fleitz, Judith Miller, Bush administration (43), Bill Harlow, Ari Fleischer, Catherine (“Cathie”) Martin, Craig Schmall, David S. Addington, Joseph C. Wilson, Federal Bureau of Investigation, Deborah Bond, Karl C. Rove, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Defense lawyer Theodore Wells makes his closing argument to the jury, as Judge Reggie Walton looks on.Defense lawyer Theodore Wells makes his closing argument to the jury, as Judge Reggie Walton looks on. [Source: Art Lien / Court Artist (.com)]Defense lawyer Theodore Wells makes his team’s closing argument in the Lewis Libby perjury and obstruction trial. Wells is following a two-hour closing argument by assistant prosecutor Peter Zeidenberg (see 9:00 a.m. February 20, 2007). [Marcy Wheeler, 2/20/2007; MSNBC, 2/21/2007]
Indignation - Wells begins by saying he finds Zeidenberg’s arguments so incredible, he thinks he might be drunk. “[I]t sure sounded like I said a lot of things I could not deliver on,” he says. Court observer Marcy Wheeler, notating the arguments for the progressive blog FireDogLake, writes that while Zeidenberg came across as dispassionate and methodical, Wells’s tone is indignant and charged with emotion. In her book Fair Game, former CIA official Valerie Plame Wilson later describes Wells’s demeanor as “over the top, emotional… stalking the courtroom and changing the pitch and cadence of his voice like a seasoned Baptist preacher.” Wells says he will refrain from besmirching Zeidenberg’s character over some of the claims made in his argument, “because I don’t want to be personal.” Wells says that in the grand jury proceedings where Libby allegedly lied under oath (see March 5, 2004 and March 24, 2004), lawyers asked “the same question time after time after time,” causing Libby to stumble and misstate himself. [Wilson, 2007, pp. 293; Marcy Wheeler, 2/20/2007]
Revives Claim of Libby Being 'Scapegoated' - Wells denies claiming the existence of a White House conspiracy to “scapegoat” Libby in his opening statement (see January 23, 2007), saying he instead merely put into evidence the so-called “meat grinder” note from Vice President Dick Cheney that asserted it would be unfair to protect White House official Karl Rove and sacrifice Libby (see October 4, 2003). (Wells is misstating the contents of the note; it does not mention Rove at all.) Instead of lying, Wells says, Libby was “fight[ing] to get clear,” fighting to save his credibility after White House officials “blew him off.”
'He Said, She Said' - Wells asserts Libby’s complete innocence of all the charges brought against him, and says the entire body of evidence amounts to nothing more than a case of “he said, she said,” indicating that witnesses contradicted and disputed one another. Libby’s recollections, Wells says, are different from those of the reporters who testified for the prosecution. None of the charges pertain to Libby’s conversations with the White House officials who testified for the prosecution. The question hinges on whether Libby lied about his conversations with reporters Judith Miller, Matthew Cooper, and Robert Novak. One of the charges, hinging on Libby’s statements about his conversation with Miller, is no longer in contention. Of the conversation with Cooper (see 2:24 p.m. July 12, 2003), Wells says Libby was truthful when he told Cooper he “didn’t know” whether Plame Wilson was a CIA official or not. The evidence supports Libby’s position, Wells says.
Tim Russert - Wells turns to NBC reporter Tim Russert, whom Libby claimed told him about Plame Wilson being a CIA official (see July 10 or 11, 2003). Russert either lied under oath, Wells says, or had a major memory lapse. Because of what Wells calls Russert’s contradictory testimony, that “in and of itself is reasonable doubt,” and grounds for acquittal. The prosecution is flatly wrong in its timeline of events. It is almost certain Russert read Robert Novak’s column naming Plame Wilson as a CIA official on July 11, 2003, after it was issued on the Associated Press wire (see July 11, 2003), and informed Libby of that fact during their conversation shortly thereafter. Perhaps Russert merely misremembered the dates or the events of his discussion with Libby, Wells says, but his testimony was wrong. “You cannot convict Mr. Libby solely on the word of this man,” he says. “It would just be fundamentally unfair.” [Marcy Wheeler, 2/20/2007; Associated Press, 2/20/2007]
Presumed Innocent - Wells admonishes the jury not to forget that Libby is presumed innocent until proven guilty beyond a reasonable doubt. Libby didn’t testify (see February 13-14, 2007) because the defense is not required to prove the innocence of the accused. The only question, Wells states, is whether Libby is guilty beyond a reasonable doubt. Did the government prove that guilt beyond a reasonable doubt? Wells says no. He then ticks off the five counts of criminal behavior that Libby is charged with, and links each one of them to either Russert, Cooper, or both. In the instances of both reporters, Wells says, there is doubt as to their recollections and therefore doubt as to whether Libby lied about his conversations with them. Wells calls it “madness… that someone would get charged with this.” If Libby misstated himself, Wells says, he did so with good intentions, with a good-faith effort to tell the truth. There was no “deliberate, purposeful intent to lie.” Wells walks the jury through his version of events, which he says proves Libby told the truth to the best of his ability throughout. [Marcy Wheeler, 2/20/2007]
Jeffress - William Jeffress, another defense attorney, takes up the defense’s closing argument after lunch. Wheeler writes that his demeanor is far calmer and reasonable than Wells’s emotional presentation. Jeffress says that common sense alone should lead the jury to find that Libby either told the truth as he understood it or merely misremembered as an honest mistake. The case, he says, is about memory first and foremost. Libby may have misremembered, Jeffress says. The reporters who testified may have misremembered. It is plausible to think that Libby learned of Plame Wilson’s CIA status in June 2003, told some government officials, then in the crush of events, forgot about it until July, when he learned it again from Russert. Jeffress walks the jury through a timeline of how reporters learned of Plame Wilson’s identity from various government officials other than Libby, and says some of them, particularly former press secretary Ari Fleischer, may well have lied under oath to cover themselves (see January 29, 2007). Jeffress plays selections from Libby’s grand jury testimony to bolster his arguments about the various reporters learning of Plame Wilson’s identity from other officials.
Motive to Lie? - Libby had no motive to lie, Jeffress asserts. He was never charged with violating the statutes covering the exposure of a covert intelligence agent (see May 10, 2006). No one has testified that they knew without a doubt that Plame Wilson was covert, though the prosecution implied it more than once. If newspaper articles claimed that Plame Wilson was covert, those articles cannot be taken as factual; many articles and op-eds asserted that Plame Wilson was never covert. “It remains far from clear that a law was violated.” And Libby had no way to know that Plame Wilson was herself covert. No one, not Libby or any other government official who exposed Plame Wilson’s identity, lost their job over exposing her CIA status.
Judith Miller - Jeffress again turns to the issue of reporters’ credibility, beginning with Miller. Her testimony (see January 30-31, 2007) was, he says, marred with mistakes and failures of memory, even going so far as testifying, when she spoke to the grand jury, that she had not learned of Plame Wilson’s CIA status from Libby (see September 30, 2005), and then reversing that claim in subsequent testimony (see October 12, 2005). “Pretty amazing, a person testifying about this after not remembering for two years,” Jeffress observes. As Libby kept no notes of his conversations with Miller, he has only his word to refute her claims. Miller, Jeffress says, is an unreliable witness.
Matthew Cooper - Jeffress, who is running out of time for his portion of the close, turns to Cooper. The difference between Libby’s recollection of events and Cooper’s is, Jeffress asserts, the difference that the government wants the jury to convict on three separate charges. Yet Cooper never wrote about Plame Wilson until after her status was made public. Libby did not serve as a source for his reporting (see July 17, 2003). And as with Miller, Cooper’s testimony proved his failure to keep accurate notes (see January 31, 2007).
Cathie Martin - Jeffress moves quickly to address the testimony of Cathie Martin, then a communications aide to Cheney (see January 25-29, 2007). Martin testified that Libby’s version of his telephone conversation with Cooper was incorrect, and as she was there for the conversation, her testimony is accurate. However, Martin misremembered the number of calls made (two, not one) and did not hear Libby’s side of the conversation accurately. She had no way to know what Cooper was saying on the other end.
Jeffress Concludes - Jeffress concludes by telling the jurors that they are the first people to examine the case “through the lens of a presumption of innocence.” The prosecution, he says, has not proven the charges beyond a reasonable doubt. “It’s not even close.” [Marcy Wheeler, 2/20/2007]
Wells Continues - Theodore Wells once again addresses the jury. He has less than an hour to finish. He refers back to the “meat grinder” note from Cheney that proves, Wells says, Libby did not leak classified information (see June 27, 2003, July 2, 2003, 7:35 a.m. July 8, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, and Late Afternoon, July 12, 2003). Wells also revisits his claim that Libby was “left out to dry” by other White House officials. He disputes the timeline of events from the prosecution, again attacks the credibility of prosecution witnesses such as Russert and Fleischer, and calls the prosecution’s evidence “circumstantial” and unconvincing. He even disputes that Libby was involved in any effort to discredit Joseph Wilson, or that there even was an effort among White House officials to do so. As he reaches the end of his time, Wells’s demeanor once again begins to exhibit agitation and indignation, and he calls the idea that Libby, whom he says devoted himself to serving the Bush administration, committed a crime in that service “outrageous.” He revisits the contention that Libby’s memory was faulty and failed him at inopportune times, calls the courtroom a “laboratory of recollection,” and asks the jurors if they can emphathize with Libby’s forgetfulness. He reminds the jury of former Cheney aide John Hannah’s claims to that effect, and his testimony to Libby’s stressful job (see February 13, 2007). Libby, Wells says, deserves the “benefit of the doubt.” Wells admits that Libby “made mistakes” in his grand jury testimony, but those mistakes were honest “misrecollect[ions].” During his final minutes, Wells becomes emotional, breaking into tears and imploring the jurors not to sacrifice Libby because they might disapprove of the Bush administration or the war in Iraq. “This is a man with a wife and two children,” he says. “He is a good person. He’s been under my protection for the past month. I give him to you. Give him back! Give him back to me!” Wells sits down, sobbing. [Marcy Wheeler, 2/20/2007; Associated Press, 2/20/2007; Washington Post, 2/21/2007; New York Sun, 2/21/2007]

Entity Tags: Lewis (“Scooter”) Libby, Ari Fleischer, Marcy Wheeler, Catherine (“Cathie”) Martin, Judith Miller, John Hannah, William Jeffress, Karl C. Rove, Tim Russert, Matthew Cooper, Richard (“Dick”) Cheney, Robert Novak, Theodore Wells, Peter Zeidenberg, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Jurors begin deliberating in the trial of Lewis “Scooter” Libby (see January 16-23, 2007). In an hour of jury instructions, Judge Reggie Walton tells the jury to focus on the specific charges of perjury and obstruction of justice, and “not to let the nature of the case” affect its deliberations. The jury will deliberate every weekday from 9 a.m. to 5 p.m., with an hour for lunch, until it has reached a verdict. [MSNBC, 2/21/2007; Marcy Wheeler, 2/21/2007; BBC, 7/3/2007] The proceedings begin with a query about a juror’s impartiality towards a lawyer from the firm of Baker Botts, who appeared yesterday with the defense team for closing arguments. Walton determines that no issue exists and turns to jury instructions. [Marcy Wheeler, 2/21/2007] Warning the jury to “follow the law” and not “question the law,” Walton explains that Libby is presumed innocent unless the jury finds him guilty beyond a reasonable doubt, “then you must find guilty.” He walks the jury through each of the charges, and explains how the jury can find verdicts:
bullet On the single obstruction count, the jury can find Libby guilty if it unanimously decides that any one, or more, of three Libby statements are lies: that NBC reporter Tim Russert asked Libby if Valerie Plame Wilson worked at the CIA and said all the reporters knew it (see July 10 or 11, 2003), that Libby was surprised to learn the Plame Wilson information from Russert, and that Libby told reporter Matthew Cooper he’d heard it from reporters but didn’t know it was true.
bullet On one count of lying to the FBI (see October 14, 2003 and November 26, 2003), the jury can find Libby guilty if it finds either or both of his statements about the Russert conversation were lies.
bullet On the other count of lying to the FBI, the jury can find Libby guilty if it decides that Libby lied about the content of his conversation with reporter Matt Cooper (see 2:24 p.m. July 12, 2003).
bullet On two counts of perjury, the jury will have to weigh a number of statements Libby made to the grand jury (see March 5, 2004 and March 24, 2004) about how he learned of Plame Wilson’s CIA employment and whom he told, including four separate statements in one count. [Associated Press, 2/21/2007; Marcy Wheeler, 2/21/2007]
Because of the lengthy instructions from Walton, the jury deliberates less than five hours today. [CBS News, 1/25/2007] The Associated Press reports the jury makeup as “a former Washington Post reporter, an MIT-trained economist, a retired math teacher, a former museum curator (see February 14, 2007), a law firm accountant, a Web architect, and several retired or current federal workers. There are 10 whites and two blacks—unexpected in a city where blacks outnumber whites more than 2-to-1.” [Associated Press, 2/21/2007]

Entity Tags: Central Intelligence Agency, Matthew Cooper, Baker Botts, Tim Russert, Reggie B. Walton, Valerie Plame Wilson, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

The jury in the Lewis Libby perjury trial submits a request for clarification to Judge Reggie Walton. The jury wishes more information pertaining to Charge 3 of the indictment (see October 28, 2005), a perjury charge regarding Libby’s alleged lies about his conversation with Time reporter Matthew Cooper (see 2:24 p.m. July 12, 2003). The jurors are not sure whether Libby’s claim of learning about Valerie Plame Wilson’s CIA identity from reporters was made in the context of the conversation. Walton is unclear what the jury is asking, and requests more information about its question. The note reads, “Page 74 of the jury instructions, ‘Count 3 of the indictment alleges that Mr. Libby falsely told the FBI on October 14 or November 26, 2003 (see October 14, 2003 and November 26, 2003), that during a conversation with M. Cooper of Time magazine on July 12, 2003 (see 2:24 p.m. July 12, 2003), Mr. Libby told Mr. Cooper that reporters were telling the administration that Mr. Wilson’s wife worked for the CIA but that Mr. Libby did not know if this was true.” Apparently the jury is confused over whether Libby is charged with lying to Cooper, the FBI, or both. Walton sends the note back with a comment: “I am not exactly certain what you are asking me. Can you please clarify your question?” [US District Court for the District of Columbia, 2/27/2007 pdf file; Marcy Wheeler, 2/28/2007; National Review, 3/5/2007] The next day, the jurors informs Walton that they have figured out the answer to their question on their own. [Jury Notes, 2/28/2007 pdf file; Marcy Wheeler, 2/28/2007; Marcy Wheeler, 2/28/2007]

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

Timeline Tags: Niger Uranium and Plame Outing

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