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Context of 'May 1986: Air Transport Owner Refuses to Run Supplies to Contras, Informs CIA Director of Program'

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

The New York Times again finds itself apologizing for its failures in covering the outing of Valerie Plame Wilson and its handling, or lack of handling, of the newspaper’s star reporter, Judith Miller, who recently testified as to her knowledge of the matter (see September 30, 2005). It also admits that much of Miller’s prewar reporting on Iraq was “totally wrong.” Although the paper’s publisher, Arthur Sulzberger, and its executive editor, Bill Keller, supported Miller’s decision to go to jail rather than reveal the source of her knowledge about Plame Wilson’s CIA identity (see July 6, 2005), neither knew many details of Miller’s conversations with her source, former White House aide Lewis “Scooter” Libby. Neither knew, for example, that Miller’s claim of not learning Plame Wilson’s identity from Libby was undermined by her own notes. Ultimately, both Sulzberger and Keller left most of the decisions on how to handle the situation to Miller herself. “This car had her hand on the wheel because she was the one at risk,” says Sulzberger. While Miller continues to portray her decision to go to jail as one rooted in principle, critics say that she and the Times were not protecting a whistleblower, but an administration source bent on crushing dissent. Asked what she regretted about the Times’s handling of the matter, managing editor Jill Abramson says, “The entire thing.”
'I Got It Totally Wrong' - Many in the newsroom and in the editorial staff believed that Miller’s prewar articles on Iraq’s WMD—articles that have long been proven to be based largely on false information from unreliable Iraqi defectors (see December 20, 2001, September 18, 2002, March 19-20, 2003, July 25, 2003, and Autumn 2003)—unfairly advanced the administration’s case for war. Miller operated with a level of autonomy other reporters found unusual and distressing, especially since many of them believed her reporting verged on administration propaganda. Investigative editor Douglas Frantz recalls that Miller once called herself “Miss Run Amok”; when he asked her what she meant, she replied, “I can do whatever I want.” Miller now admits her reports were largely specious. “WMD—I got it totally wrong,” she says. “The analysts, the experts, and the journalists who covered them—we were all wrong. If your sources are wrong, you are wrong. I did the best job that I could.”
Not a Clear-Cut Decision to Fight - Keller says: “I wish it had been a clear-cut whistle-blower case. I wish it had been a reporter who came with less public baggage.” Times reporter Todd Purdom says: “Everyone admires our paper’s willingness to stand behind us and our work, but most people I talk to have been troubled and puzzled by Judy’s seeming ability to operate outside of conventional reportorial channels and managerial controls. Partly because of that, many people have worried about whether this was the proper fight to fight.” For her part, Miller says she intends to take some time off and perhaps write a book about her ordeal. She says she wants to get back into investigative reporting, and continue to cover “the same thing I’ve always covered—threats to our country.” [New York Times, 10/16/2005]
Criticism of Miller, Times - The next day, columnist Norman Solomon will write, “It now seems that Miller functioned with more accountability to US military intelligence officials than to New York Times editors.” Solomon also notes that in her July 8, 2003 meeting with White House official Lewis Libby (see 8:30 a.m. July 8, 2003), Miller expressed frustration at the government’s refusal to allow her “to discuss with editors some of the more sensitive information about Iraq.” Solomon writes: “There’s nothing wrong with this picture if Judith Miller is an intelligence operative for the US government. But if she’s supposed to be a journalist, this is a preposterous situation—and the fact that the New York Times has tolerated it tells us a lot about that newspaper.” Solomon also notes that Miller’s claim of “analysts, the experts, and the journalists who covered them” were “all wrong” about Iraqi WMD is itself wrong. “Some very experienced weapons inspectors—including [the chief of the International Atomic Energy Agency] Mohamed ElBaradei, [former chief UN weapons inspector] Hans Blix, and [former UN weapons inspector] Scott Ritter—challenged key assertions from the White House,” he writes. “Well before the invasion, many other analysts also disputed various aspects of the US government’s claims about WMDs in Iraq.… Meanwhile journalists at some British newspapers, including The Independent and The Guardian, raised tough questions that were virtually ignored by mainstream US reporters in the Washington press corps.… [T]he Times did not ‘fall for misinformation’ as much as jump for it. The newspaper eagerly helped the administration portray deceptions as facts.” [CounterPunch, 10/17/2005] Liberal columnist and blogger Arianna Huffington provides a long list of reporters and publications who “didn’t get it wrong” on Iraqi WMD. She quotes reporter Joe Lauria, a veteran foreign affairs reporter who writes for the London Daily Mail, the Daily Telegraph, and the Boston Globe, who told her: “I didn’t get it wrong. And a lot of others who covered the lead up to the war didn’t get it wrong. Mostly because we weren’t just cozying up to Washington sources but had widened our reporting to what we were hearing from people like Mohamed ElBaradei and Hans Blix, and from sources in other countries, like Germany, France, and Russia. Miller had access to these voices, too, but ignored them. Our chief job as journalists is to challenge authority. Because an official says something might make it ‘official,’ but it doesn’t necessarily make it true.” [Huffington Post, 10/21/2005]

Entity Tags: Lewis (“Scooter”) Libby, Douglas Frantz, Bill Keller, Arthur Sulzberger, Arianna Huffington, Jill Abramson, Judith Miller, Norman Solomon, New York Times, Todd Purdom, Joe Lauria

Timeline Tags: Events Leading to Iraq Invasion

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The media learns that Vice President Dick Cheney and staffers from the Office of the Vice President (OVP) regularly interfered with the Senate Intelligence Committee’s 2004 report on the intelligence community’s failures to accurately assess Iraq’s WMD threat (see July 9, 2004). According to administration and Congressional sources, that interference was facilitated and encouraged by committee chairman Pat Roberts (R-KS). Cheney and the OVP members regularly intervened in the committee’s deliberations, and drastically limited the scope of the investigation.
Protecting the Bush Administration - Reporter Laura Rozen will later write, “In order to prevent the White House and the Office of the Vice President itself from ever coming under any Congressional oversight scrutiny, Cheney exerted ‘constant’ pressure on [Roberts] to stall an investigation into the Bush administration’s use of flawed intelligence on Iraq.” Cheney and the OVP also withheld key documents from the committee. Some of the withheld materials included portions of then-Secretary of State Colin Powell’s February 2003 address to the United Nations (see February 5, 2003) that were written by Cheney’s then-chief of staff, Lewis Libby, and documents that Libby used to make the administration’s case for war with Iraq. The OVP also withheld the Presidential Daily Briefing (PDB) documents: written intelligence summaries provided to President Bush by the CIA. The decision to withhold the documents was spearheaded by Cheney’s chief legal counsel and chief of staff David Addington. Much of the withheld material, and Cheney-OVP interference, was designed to keep the committee from looking into the Bush administration’s use of intelligence findings to promote the war. According to committee member John D. Rockefeller (D-WV), Cheney attended regular policy meetings in which he gave White House orders to Republican committee staffers. It is “not hearsay,” Rockefeller says, that Cheney pushed Roberts to, in reporter Jonathan Landay’s words, “drag out the probe of the administration’s use of prewar intelligence.” The committee chose to defer the second portion of its report, about the administration’s use of intelligence to propel the nation to war, until after the November 2004 elections. That portion of the report remains uncompleted.
Shifting the Blame to the White House - Reporter Murray Waas writes, “Had the withheld information been turned over, according to administration and Congressional sources, it likely would have shifted a portion of the blame away from the intelligence agencies to the Bush administration as to who was responsible for the erroneous information being presented to the American public, Congress, and the international community.” He continues: “When the [report] was made public, Bush, Cheney, and other administration officials cited it as proof that the administration acted in good faith on Iraq and relied on intelligence from the CIA and others that it did not know was flawed. But some Congressional sources say that had the committee received all the documents it requested from the White House the spotlight could have shifted to the heavy advocacy by Cheney’s office to go to war. Cheney had been the foremost administration advocate for war with Iraq, and Libby played a central staff role in coordinating the sale of the war to both the public and Congress.” [National Journal, 10/27/2005; Wilson, 2007, pp. 381]

Entity Tags: Office of the Vice President, John D. Rockefeller, George W. Bush, David S. Addington, Colin Powell, Bush administration (43), Jonathan Landay, Murray Waas, Laura Rozen, Senate Intelligence Committee, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, Pat Roberts

Timeline Tags: Events Leading to Iraq Invasion

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

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

Timeline Tags: Civil Liberties, Niger Uranium and Plame Outing

According to a United Press International (UPI) report, special counsel Patrick Fitzgerald has sought and received documentation on the Iraq-Niger forgeries (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003) from the Italian government. UPI reports, “Fitzgerald’s team has been given the full, and as yet unpublished report of the Italian parliamentary inquiry into the affair, which started when an Italian journalist obtained documents that appeared to show officials of the government of Niger helping to supply the Iraqi regime of Saddam Hussein with [y]ellowcake uranium.” (In November, that parliamentary report will be shown not to exist—see July 2005.) According to reporter Jason Leopold, the information about the Iraq-Niger documents being provided to Fitzgerald comes from NATO sources. Leopold’s reporting will later be shown to be less than reliable (see June 19, 2006). [Raw Story, 10/24/2005; Global Research, 10/29/2005; CounterPunch, 11/9/2005]

Entity Tags: Patrick J. Fitzgerald, United Press International, Jason Leopold

Timeline Tags: Niger Uranium and Plame Outing

The Wall Street Journal prints an editorial by former Bush Solicitor General Theodore Olson lambasting the Plame Wilson identity leak investigation and the indictment of former White House aide Lewis Libby (see October 28, 2005), and criticizing the use of the Independent Counsel Law to investigate the Plame Wilson identity leak. The Journal does not inform its readers of Olson’s participation in using the Independent Counsel Law to bring articles of impeachment against former President Clinton. Olson calls the investigation a “spectacle,” questions special counsel Patrick Fitzgerald’s impartiality, and says the entire Plame Wilson-Libby investigation is another example of “special prosecutor syndrome,” a politically motivated investigation run amok. Olson writes that he does not believe Libby is guilty of perjury because “I know him to be an honest, conscientious man who has given a large part of his life to public service.” Any misstatements Libby may have made to investigators (see October 14, 2003, November 26, 2003, March 5, 2004, and March 24, 2004) must have been inadvertent failures of memory and not deliberate lies. Moreover, Olson asserts, Libby had nothing to do with exposing Valerie Plame Wilson as a CIA official (see (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). [Wall Street Journal, 10/31/2005]

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

Timeline Tags: Niger Uranium and Plame Outing

The Central Intelligence Agency destroys videotapes of the interrogations of two high-ranking detainees, Abu Zubaida and Abd al-Rahim al-Nashiri, which were made in 2002 (see Spring-Late 2002). One anonymous senior intelligence official later claims that “Several hundred hours” of videotapes are destroyed. [Washington Post, 12/18/2007] The tapes are destroyed at the CIA station in Thailand by station chief Michael Winograd, as Zubaida and al-Nashiri apparently were tortured at a secret CIA prison in that country. [Newsweek, 6/28/2008; Associated Press, 7/26/2010] The decision to destroy the tapes is apparently made by Jose Rodriguez, chief of the CIA’s Directorate of Operations, despite previous advice not to destroy them (see November 2005). However, some accounts will suggest that Rodriguez received clearance to destroy the tapes (see December 7, 2007). [New York Times, 12/8/2007] The CIA’s treatment of detainees has recently come under increased scrutiny. As the Wall Street Journal will later remark, “the Abu Ghraib prison pictures were still fresh, the existence of secret CIA prisons had just been revealed, and politicians on Capitol Hill were talking about curtailing ‘extreme techniques,’ including the Central Intelligence Agency’s own interrogation tactics.” [Wall Street Journal, 12/10/2007] Beginning on November 2, 2005, there are some pivotal articles revealing details about the CIA’s handling of detainees, suggesting that some of them were illegally tortured (see November 2-18, 2005). According to a 2007 statement by future CIA Director Michael Hayden, the tapes are destroyed “in the absence of any legal or internal reason to keep them” and because they apparently pose “a serious security risk”; if they were leaked, they could be used for retaliation by al-Qaeda and its sympathizers. [Central Intelligence Agency, 12/6/2007] However, this rationale will be questioned when the destruction is revealed in late 2007 (see December 6, 2007). Senator Carl Levin (D-MI) will call this “a pathetic excuse.… You’d have to burn every document at the CIA that has the identity of an agent on it under that theory.” CBS News will offer an alternative explanation, saying that the tapes are destroyed “to protect CIA officers from criminal prosecution.” [CBS News, 12/7/2007] CIA Director Porter Goss and the CIA’s top lawyer, John Rizzo, are allegedly not notified of the destruction in advance, and Rizzo will reportedly be angry at this failure. [New York Times, 12/8/2007] But Newsweek will later claim that Goss and Rizzo were involved in extensive discussions with the White House over what to do with the tapes. Goss supposedly thought there was an understanding the tapes would be saved and is upset to learn they have been destroyed (see Between 2003-Late 2005 and Before November 2005). [Newsweek, 12/11/2007] Congressional officials responsible for oversight are not informed for a year (see March 14, 2007). A White House spokeswoman will say that President Bush has “no recollection” of being made aware of the tapes’ destruction before 2007 (see December 11, 2007). It is also unclear whether the Justice Department is notified in advance or not. [New York Times, 12/8/2007] The CIA still retains tapes of interrogations of at least one detainee (see September 19 and October 18, 2007).

Entity Tags: Abd al-Rahim al-Nashiri, Abu Zubaida, Jose Rodriguez, Jr., CIA Bangkok Station, John Rizzo, Porter J. Goss, Michael K. Winograd, Central Intelligence Agency

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

The press learns that UN Ambassador John Bolton was contacted in May 2003 by Lewis Libby to find out who sent former ambassador Joseph Wilson on a fact-finding mission to Niger (see February 21, 2002-March 4, 2002 and May 29, 2003). Bolton was the undersecretary of state for arms control and international security affairs when Libby contacted him. The progressive news Web site Raw Story learns of the Bolton contact from lawyers involved in the investigation of the Plame Wilson identity leak, and from documents posted on the investigation’s Web site. The lawyers say that two former Libby aides, John Hannah and David Wurmser, informed special counsel Patrick Fitzgerald of Libby’s inquiry to Bolton (see Before October 17, 2005 and Before October 19, 2005). At the time, Wurmser was on loan from Bolton’s office and serving as a Middle Eastern affairs aide to Vice President Dick Cheney and Libby. Both Hannah and Wurmser have been cooperating with Fitzgerald’s investigation, the lawyers say. MSNBC has reported that Bolton testified before the Plame Wilson grand jury. Wurmser, the lawyers say, has been cooperating for fear that he would be charged for his role in leaking Valerie Plame Wilson’s CIA identity; Hannah began cooperating after learning that he had been identified by witnesses as a co-conspirator in the leak. Raw Story writes: “It is unclear whether Bolton played any other role in the Plame outing, but his connection to the Iraq uranium claims certainly gave him a motive to discredit Wilson, who had called into question the veracity of the Niger documents. A probe by the State Department inspector general revealed that Bolton’s office was responsible for the placement of the Niger uranium claims in the State Department’s December 2002 ‘fact sheet’ on Iraq’s WMD program.” The lawyers say it is doubtful that the information Hannah and Wurmser have provided will ever be made public, but their information was crucial to Fitzgerald’s investigation because it allowed him “to put together a timeline that showed how various governmental agencies knew about Plame [Wilson]‘s covert CIA status.” [Raw Story, 11/2/2005]

Entity Tags: Raw Story, David Wurmser, John Hannah, John R. Bolton, Joseph C. Wilson, Valerie Plame Wilson, US Department of State, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

The FBI terminates its two-year investigation into who disseminated the forged documents that alleged Iraq attempted to purchase uranium from Niger (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). Italian intelligence chief Nicolo Pollari has confirmed that former Italian intelligence agent Rocco Martino disseminated the documents (see November 3, 2005). FBI chief Robert Mueller has praised Pollari and SISMI’s cooperation with the bureau’s investigation. In part because of information provided by SISMI to the FBI, the bureau concludes that the forgeries were produced by a person or persons for personal profit, and rules out any possibility that SISMI attempted to influence US policies. The Italian newspaper La Repubblica has published a three-part investigative series claiming Pollari had knowingly provided the US and Great Britain with the forgeries (see October 16, 2001, October 18, 2001, December 9, 2001, and September 9, 2002), perhaps at the behest of Italian Prime Minister Silvio Berlusconi, who it says was said to be eager to help President Bush in the search for weapons in Iraq (see (After October 18, 2001)). Berlusconi has denied any involvement. [New York Times, 11/4/2005]

Entity Tags: La Repubblica, Federal Bureau of Investigation, George W. Bush, Silvio Berlusconi, Nicolo Pollari, Rocco Martino, Robert S. Mueller III

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

New York Post editorial writer Deborah Orin echoes charges made by previous columnists in the Wall Street Journal that special counsel Patrick Fitzgerald is conducting a partisan political prosecution of former White House official Lewis Libby (see October 29, 2005 and October 31, 2005), and repeats charges by former Reagan Justice Department official Victoria Toensing that the CIA is behind the exposure of Valerie Plame Wilson’s covert identity (see November 3, 2005). Orin repeats previously made assertions that the CIA allowed Plame Wilson’s exposure by allowing her to send her husband, former ambassador Joseph Wilson, to Niger (see February 13, 2002, February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005), failed to have Wilson sign “the usual confidentiality agreement,” and failed to require him to write a written report (see March 4-5, 2002, (March 6, 2002), and March 8, 2002). Orin accuses Wilson of only voicing his public criticism of the Bush administration’s Iraq invasion after he “joined” the presidential campaign of John Kerry (D-MA) in May 2003, even though he began publicly criticizing the administration a year earlier (see May 2002, October 13, 2002, November 2002, December 9, 2002, January 28-29, 2003, February 13, 2003, February 28, 2003, March 3, 2003, March 5, 2003, and March 8, 2003), and the White House began its retaliatory attack against his criticisms in March 2003 (see March 9, 2003 and After). Orin also repeats Toensing’s sourceless assertion that Wilson’s New York Times op-ed about his findings in Niger (see July 6, 2003) “sharply conflicted with what he’d told the CIA.” It was the CIA’s actions, not the White House’s, that led to Plame Wilson’s exposure, Orin avers (see June 13, 2003, June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, and July 12, 2003). Orin quotes Toensing, who said: “It [the Plame Wilson exposure] was a planned CIA covert action against the White House. It was too clever by half.” The reason, Orin says, was to divert attention from its intelligence failures surrounding the US failure to find WMD in Iraq: “Having Wilson go public was very useful to the CIA, especially the division where his wife worked—because it served to shift blame for failed ‘slam dunk’ intelligence claims away from the agency. To say that Bush ‘twisted’ intelligence was to presume—falsely—that the CIA had gotten it right.” The White House was merely defending itself from the CIA’s propaganda onslaught, Orin writes, adding that since Plame Wilson was not a covert agent (see Fall 1992 - 1996), the agency was “dishonest” in claiming that its intelligence operations had been damaged 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). [New York Post, 11/7/2005]

Entity Tags: Lewis (“Scooter”) Libby, Central Intelligence Agency, Bush administration (43), Deborah Orin, John Kerry, Joseph C. Wilson, Victoria Toensing, Valerie Plame Wilson, New York Post, Patrick J. Fitzgerald, Wall Street Journal

Timeline Tags: Domestic Propaganda, 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

A Washington Post analysis posits that the revelation that Post reporter Bob Woodward was the first to learn of Valerie Plame Wilson’s CIA identity (see June 13, 2003 and November 14, 2005) may “provide a boost” to the legal defense of indicted White House leaker Lewis Libby (see October 28, 2005). Woodward has testified that another government official leaked Plame Wilson’s name to a member of the press—himself—well before Libby’s leaks to other reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). Furthermore, Woodward has testified that Libby did not divulge Plame Wilson’s name to him during their two conversations in late June (see June 23, 2003 and June 27, 2003), a time period in which special counsel Patrick Fitzgerald says Libby was passing information about Plame Wilson to reporters and colleagues. The Post writes, “While neither statement appears to factually change Fitzgerald’s contention that Libby lied and impeded the leak investigation, the Libby legal team plans to use Woodward’s testimony to try to show that Libby was not obsessed with unmasking Plame and to raise questions about the prosecutor’s full understanding of events.” Former federal prosecutor John Moustakas says: “I think it’s a considerable boost to the defendant’s case. It casts doubt about whether Fitzgerald knew everything as he charged someone with very serious offenses.” But Randall Eliason, formerly the head of the public corruption unit in the Washington, DC, US Attorney’s Office, says he doubts the Woodward account will have much effect on Libby’s case, and calls such theories “defense spin.” Eliason says: “Libby was not charged with being the first to talk to a reporter, and that is not part of the indictment. Whether or not some other officials were talking to Woodward doesn’t really tell us anything about the central issue in Libby’s case: What was his state of mind and intent when he was talking to the FBI and testifying in the grand jury?… What this does suggest, though, is that the investigation is still very active. Hard to see how that is good news for [White House deputy chief of staff Karl] Rove or for anyone else in the prosecutor’s cross hairs.” The Libby defense team is calling Woodward’s testimony a “bombshell” with the potential to derail Fitzgerald’s case. Rove’s defense lawyers add that Woodward’s testimony benefits their client also. A source the Post calls “close to Rove” says: “It definitely raises the plausibility of Karl Rove’s simple and honest lapses of memory, because it shows that there were other people discussing the matter in what Mr. Woodward described as very offhanded, casual way. Let’s face it, we don’t all remember every conversation we have about significant issues, much less those about those that are less significant.” [Washington Post, 11/17/2005] Criminal defense lawyer Jeralyn Merritt, writing for the progressive blog TalkLeft, notes: “Fitzgerald did not say that Libby was the first administration official to disclose Valerie Plame Wilson’s identity to a reporter. He said Libby was the first person known to the government to have disclosed her identity. There’s a sea of difference between the two.… I think it’s perfectly clear what Fitzgerald meant in light of his statement at the beginning of the conference—Libby was the first person the investigation uncovered who disclosed the information to a reporter. I see nothing in Woodward’s revelations that affect the charges against Libby. He’s not charged with leaking Plame Wilson’s identity or with engaging in a vendetta against Wilson, although some have said he did both. He’s charged with lying to Fitzgerald’s investigators and the grand jury about what he told reporters and when and what reporters told him—and obstructing justice.” [Jeralyn Merritt, 11/16/2005]

Entity Tags: Lewis (“Scooter”) Libby, Jeralyn Merritt, Bob Woodward, John Moustakas, Karl C. Rove, Randall Eliason, Washington Post, Valerie Plame Wilson, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

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

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

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

Author and Vanity Fair reporter Craig Unger interviews Michael Ledeen regarding the false claims that Iraq attempted to purchase massive amounts of uranium from Niger (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). Ledeen, a prominent neoconservative who holds the Freedom Chair at the American Enterprise Institute, is well known to have extensive ties to the Italian intelligence community and for his relationship with discredited Iranian arms merchant Manucher Ghorbanifar (see 1981 and December 9, 2001). Ledeen denies any involvement in promulgating the fraudulent uranium allegations. “I’m tired of being described as someone who likes fascism and is a warmonger,” he says. (Ledeen has written books and articles praising Italy’s Benito Mussolini, and wrote numerous articles in the run-up to the Iraq invasion calling for the US to forcibly overthrow numerous Middle Eastern governments along with Iraq’s—see September 20, 2001, December 7, 2001, and August 6, 2002.) “I think it’s obvious I have no clout in the administration. I haven’t had a role. I don’t have a role.” He barely knows White House political adviser Karl Rove, he says, and has “no professional relationship with any agency of the federal government during the Bush administration. That includes the Pentagon.” The facts contradict Ledeen’s assertions. Since before Bush’s inauguration, Rove has invited Ledeen to funnel ideas to the White House (see After November 2000). Former Pentagon analyst Karen Kwiatkowski says Ledeen “was in and out of [the Pentagon] all the time.” Ledeen is very close to David Wurmser, who held key posts in the Pentagon and State Department before becoming the chief Middle East adviser for Vice President Dick Cheney. Ledeen also has close ties to National Security Adviser Stephen Hadley. Of course, none of this proves or disproves his connections, if any, to the Iraq-Niger fabrications. [Unger, 2007, pp. 231]

Entity Tags: Manucher Ghorbanifar, Bush administration (43), American Enterprise Institute, Craig Unger, David Wurmser, Karen Kwiatkowski, Karl C. Rove, Stephen J. Hadley, Michael Ledeen, US Department of Defense, Richard (“Dick”) Cheney

Timeline Tags: Neoconservative Influence, Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

The law firm of Jones Day submits the first classified document request to special counsel Patrick Fitzgerald on behalf of its client, Lewis Libby. The letter reads in part, “The documents requested include not only documents in the possession, custody, or control of your office, but also (a) documents in the possession, custody, or control of any agency allied with the prosecution, including without limitation the FBI, CIA, and the Office of the Vice President (‘OVP’), and (b) all other documents of which your office has knowledge and to which it has access.” The request is for, among other documents, Libby’s White House notes from May 2003 through March 2004; all documents pertaining to Libby’s morning intelligence briefings from May 2003 through March 2004, and including all Presidential Daily Briefings (PDBs); any CIA damage assessment performed in light of the Plame Wilson identity leak; and any documents pertaining to Valerie Plame Wilson’s status as a clandestine CIA official. [Letter to Patrick Fitzgerald from Jones Day re United States v. I. Lewis Libby, 12/14/2005, pp. 2-5 pdf file] None of the lawyers for either the prosecution or the defense are aware of an in-house CIA assessment of the “severe” damage caused by the leak (see Before September 16, 2003).

Entity Tags: Lewis (“Scooter”) Libby, Central Intelligence Agency, Jones Day, Patrick J. Fitzgerald, Valerie Plame Wilson, Office of the Vice President, Federal Bureau of Investigation

Timeline Tags: Niger Uranium and Plame Outing

The media discovers a study from late 2004 purporting to show that the mainstream media in the US is heavily biased towards liberal views (see December 2004 and December 14, 2005). On December 19, MSNBC host Tucker Carlson, a conservative, interviews one of the study’s authors, Jeffrey Milyo of the University of Missouri-Columbia. Milyo repeats the study’s contention that news outlets such as CBS News, the Los Angeles Times, the New York Times, and the Wall Street Journal are heavily liberal in their coverage. Carlson calls the statement “terrifying.” Milyo repeats the assertion often made by conservatives that most reporters “tend to be about as liberal as the voters in Berkeley, California.… And the same is true in academia too, by the way, and you know, so that doesn’t mean that those preconceptions or biases or favoritism infects the job that people do.” [MSNBC, 12/19/2005] The study is also cited on the December 19 edition of Fox News’s morning show, Fox and Friends [Fox News, 12/19/2005; Media Matters, 12/21/2005] , and that evening on Fox’s Special Report with Brit Hume. [Fox News, 12/19/2005] Several other press outlets, such as CBS News, the Memphis, Tennessee Commercial Appeal, and Investors Business Daily also report on the study. [Media Matters, 12/21/2005] On December 20, CNN commentator Jack Cafferty tells viewers: “Let’s talk about media bias. It’s real, according to a new study led by the University of California at Los Angeles, which shows there is a strong liberal bias. Well, there’s a bulletin. Researchers found out that of 20 main media outlets, 18 scored to the left of center. The most liberal of all were the news pages of the Wall Street Journal, not the editorial pages, the news pages. Followed two, three, and four by the CBS Evening News, the New York Times, and the Los Angeles Times. In this study, only Special Report with Brit Hume over there on the F-word network [Fox News] and the Washington Times scored to the right of the average voter. The most centrist media outlets in the country, The News Hour With Jim Lehrer and USA Today.” [CNN, 12/20/2005]

Entity Tags: Memphis Commercial Appeal, Jeffrey Milyo, Tucker Carlson, Investors Business Daily, CBS News, Fox News, Jack Cafferty

Timeline Tags: Domestic Propaganda

The Wall Street Journal’s parent company, Dow Jones and Co., issues a statement that challenges the findings of a recent study claiming that the Journal is one of the most “liberally biased” news outlets in America (see December 2004 and December 14, 2005). Dow Jones states: “The Wall Street Journal’s news coverage is relentlessly neutral. Of that, we are confident. By contrast, the research technique used in this study hardly inspires confidence. In fact, it is logically suspect and simply baffling in some of its details. First, its measure of media bias consists entirely of counting the number of mentions of, or quotes from, various think tanks that the researchers determine to be ‘liberal’ or ‘conservative.’ By this logic, a mention of al-Qaeda in a story suggests the newspaper endorses its views, which is obviously not the case. And if a think tank is explicitly labeled ‘liberal’ or ‘conservative’ within a story to provide context to readers, that example doesn’t count at all. The researchers simply threw out such mentions.” The statement criticizes the study’s failure to “characterize” a number of “important policy groups” such as, “say, the Chamber of Commerce, the National Association of Manufacturers, the AFL-CIO, or the Concord Coalition, but that does include People for the Ethical Treatment of Animals?” It goes on to call the study’s attempt to rank the various groups “simply bizarre.” The statement concludes, “Suffice it to say that ‘research’ of this variety would be unlikely to warrant a mention at all in any Wall Street Journal story.” [Poynter Online, 12/21/2005]

Entity Tags: Wall Street Journal, Dow Jones and Co.

Timeline Tags: Domestic Propaganda

The second part of the Senate Intelligence Committee’s investigation into the mismanagement of intelligence before the Iraq invasion (see July 9, 2004) is being held up by the Pentagon’s internal investigation of former Defense Department official Douglas Feith, one of the department’s primary architects of the war plans (see Late December 2000 and Early January 2001, Shortly After September 11, 2001, September 20, 2001, Fall 2002, and May 9, 2005). The committee is waiting on a report from the Pentagon inspector general on Feith’s alleged role in manipulating pre-war intelligence to support a case for war. Feith is also being investigated by the FBI for his role in an Israeli spy case. One aspect of the committee’s investigation is likely to focus on the efforts by Defense Secretary Donald Rumsfeld to procure top-level security clearances for Feith after he was fired from the National Security Council in 1982 over allegations of espionage (see March 1982). Feith is one of a large number of pro-war conservatives to shuttle in and out of the Pentagon despite being involved in intelligence-related scandals (see Late 1969, October 1970, 1978, April 1979, March 1981, 1983, April 13, 1999-2004, 2001, and October 5, 2005), many of whom were provided security clearances by Rumsfeld. The committee’s report is being delayed because both Feith and the Defense Department refuse to provide documents and witnesses to the committee. The committee is investigating whether Feith and other current and former Defense Department officials broke the 1947 National Security Act by refusing to keep the committee “fully and currently informed of all intelligence activities” and refusing to “furnish the Congressional intelligence committees any information or material concerning intelligence activities, other than covert actions, which is within their custody or control, and which is requested by either of the Congressional intelligence committees in order to carry out its authorized responsibilities.” Senate sources say committee chairman Pat Roberts (R-KS) is not pressuring the Pentagon to cooperate, but instead is deferring to the Pentagon’s Inspector General, in essence allowing the Pentagon to investigate itself. [Raw Story, 1/30/2006] The report will be issued in June 2008, with few of the above issues addressed (see June 5, 2008).

Entity Tags: National Security Council, US Department of Defense, Office of the Inspector General (DoD), Pat Roberts, Senate Intelligence Committee, Douglas Feith, Donald Rumsfeld

Timeline Tags: Events Leading to Iraq Invasion

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

Entity Tags: Raw Story, Bill Murray, Manucher Ghorbanifar

Timeline Tags: US confrontation with Iran

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald responds again to the classified document request from the Lewis Libby defense team (see December 14, 2005, January 9, 2006, and January 23, 2006). Fitzgerald reiterates that his office cannot provide some of the classified White House documents that Libby’s lawyers are requesting, and writes that many of the requested materials have no bearing on the perjury and obstruction charges Libby is facing. He also tells the lawyers that his office may not be able to provide some of the documents requested from the Office of the Vice President because that office seems not to have kept them: “We advise you that we have learned that not all e-mail of the Office of Vice President and the Executive Office of the President for certain time periods in 2003 was preserved through the normal archiving process on the White House computer system.” [Office of Special Counsel, 1/9/2006 pdf file]

Entity Tags: Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Office of the Vice President, Executive Office of the President

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 defense team reiterates its demand for the disclosure of 10 months’ worth of Presidential Daily Briefings, or PDBs, some of the most highly classified of government documents (see December 14, 2005, January 9, 2006, and January 23, 2006). Defense lawyer John Cline has said he wants the information in part to compensate for what he says is Libby’s imperfect recollection of conversations he had with Vice President Dick Cheney and other government officials regarding CIA official Valerie Plame Wilson (see October 14, 2003, November 26, 2003, March 5, 2004, and March 24, 2004). In documents filed with the court, Libby’s lawyers argue, “Mr. Libby will show that, in the constant rush of more pressing matters, any errors he made in FBI interviews or grand jury testimony, months after the conversations, were the result of confusion, mistake, faulty memory, rather than a willful intent to deceive” (see January 31, 2006). Special prosecutor Patrick Fitzgerald has already informed Cline that his office has only “received a very discrete amount of material relating to PDBs” and “never requested copies of PDBs” themselves, in part because “they are extraordinarily sensitive documents which are usually highly classified.” Furthermore, Fitzgerald wrote that only a relatively small number of the PDB information he has received refers to Joseph Wilson’s trip to Niger (see February 21, 2002-March 4, 2002). Cline is considered an expert in using “graymail” techniques—demanding the broad release of classified documents from the government, and, when those requests are denied, demanding dismissal of charges against his client. He was successful at having the most serious charges dismissed against an earlier client, former Colonel Oliver North, in the Iran-Contra trials (see May-June, 1989). [US District Court for the District of Columbia, 1/31/2006 pdf file; National Journal, 2/6/2006]

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

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

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

The progressive Internet news site Washington Note writes a follow-up to the day’s revelation that the exposure of Valerie Plame Wilson’s identity as a covert CIA agent caused heavy damage to the CIA’s ability to monitor Iran’s nuclear weapons program (see February 13, 2006). The Note reports that, according to its source, Plame Wilson’s husband, former ambassador Joseph Wilson, included information about Iran’s nuclear program in the report from his 2002 trip to Niger (see February 21, 2002-March 4, 2002 and March 4-5, 2002). Note reporter Steve Clemons says he cannot be sure of the accuracy of the claim, “so please take the following with a grain of salt until further sourced.” Clemons describes his source as “[s]omeone with knowledge of the classified report that Joe Wilson ‘orally’ filed after his now famed investigative trip to Niger.” Wilson allegedly included two notes in his debriefing that related to Iran and its possible activities in Niger. Clemons writes that “various intelligence sources” speculate that if Iran was indeed attempting to acquire Nigerien uranium, it would be to avoid “the international intelligence monitoring of Iran’s domestic mining operations.” Wilson, according to the source, may have reported that Iran, not Iraq, tried to acquire 400 to 500 tons of Nigerien uranium (see Between Late 2000 and September 11, 2001). Clemons writes that the notes from Wilson’s Niger debriefing have been destroyed, making it much harder to verify the claims. [Washington Note, 2/13/2006]

Entity Tags: Valerie Plame Wilson, Central Intelligence Agency, Steve Clemons, Joseph C. Wilson

Timeline Tags: US confrontation with Iran, Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

The Lewis Libby defense team files a rejoinder to the special counsel’s request that the team not be granted access to classified White House documents (see February 16, 2006). Libby’s lawyers call the request “entirely unconvincing” and based on “phantom concerns” over executive privilege, “graymail” (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)), and “illusory grand jury secrecy interests.” The motion requests that all documents previously requested be provided to the defense by the special counsel. [US District Court for the District of Columbia, 2/21/2006 pdf file; Jurist, 2/22/2006] “Denying Mr. Libby’s requests because they pertain to ‘extraordinarily sensitive’ documents would have the effect of penalizing Mr. Libby for serving in a position that required him to address urgent national security matters every day,” Libby’s lawyers write. Responding to the accusations of “graymail,” they write, “The government’s ‘greymail’ accusation is not only false, but insulting.” [Associated Press, 2/22/2006] One of Libby’s lawyers, Theodore Wells, files a separate affidavit in support of the team’s motion. [US District Court for the District of Columbia, 2/21/2006 pdf file]

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

The CIA refuses to release a raft of classified agency documents requested by the Lewis Libby defense team (see January 31, 2006 and February 27, 2006). Meeting the Libby team’s request, CIA spokeswoman Marilyn Dorn says in a court filing, would “impose an enormous burden” and divert CIA analysts from more important tasks. To compile and provide those documents, Dorn says, would take around nine months. Libby’s lawyers say the CIA is exaggerating the difficulty of finding and releasing the documents, calling the argument “astonishing,” but also scale back their requests in hopes that Judge Reggie Walton will compel the agency to comply with the document demands. Some of the information originally requested includes CIA copies of the Presidential Daily Briefings (PDBs) from an 11-month period in 2003 and 2004. Special counsel Patrick Fitzgerald has accused the Libby team of engaging in “graymail” (see (February 16, 2006)), demanding unobtainable classified government documents in order to shut down the prosecution. Libby’s team has called that accusation “not only false but insulting” (see February 6, 2006). Libby’s lawyers now say they will be satisfied with the PDBs provided to Vice President Dick Cheney. [US District Court for the District of Columbia, 3/2/2006 pdf file; US District Court for the District of Columbia, 3/7/2006 pdf file; Washington Post, 3/8/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

Entity Tags: Richard (“Dick”) Cheney

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

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Democratic Representative John Conyers (D-MI) and 14 of his colleagues send a letter to President Bush asking for the truth about “the troubling revelation that you authorized I. Lewis Libby, the vice president’s former chief of staff, to attempt to discredit a critic of your administration through the selective leaking of classified information.” Conyers and his colleagues are referring to the White House’s attempts to discredit war critic Joseph Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, and April 5, 2006), which included the exposure of his wife, Valerie Plame Wilson’s, CIA identity (see June 13, 2003, June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, and July 12, 2003). They write, “We ask that, once and for all, you publicly admit the extent of your role in authorizing the selective leaking of information to discredit your critics and detail what other leaks you have authorized that are relevant to the war in Iraq.” [Huffington Post, 4/7/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald accuses “multiple people in the White House” of engaging in a “concerted action” to smear the character of war critic Joseph Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, and April 5, 2006), using classified information (see April 5, 2006) to do so. Fitzgerald places Vice President Dick Cheney at the heart of the smear campaign. He uses grand jury testimony from Cheney’s former chief of staff, Lewis Libby (see March 5, 2004 and March 24, 2004), to substantiate his charges. Libby’s efforts to spread false rumors via classified information include his June 2003 meeting with Washington Post reporter Bob Woodward (see June 27, 2003), his two conversations with New York Times reporter Judith Miller (see 8:30 a.m. July 8, 2003 and Late Afternoon, July 12, 2003), and his conversation with Time reporter Matthew Cooper (see 2:24 p.m. July 12, 2003). Fitzgerald says that White House officials besides Cheney, Libby, and White House political strategist Karl Rove are involved in the Wilson smear campaign. According to Fitzgerald, the grand jury has collected so much testimony and so many documents that “it is hard to conceive of what evidence there could be that would disprove the existence of White House efforts to ‘punish’ Wilson.” [Washington Post, 4/9/2006]

Entity Tags: Joseph C. Wilson, Bush administration (43), Richard (“Dick”) Cheney, Karl C. Rove, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Events Leading to Iraq Invasion

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Zacarias Moussaoui on his way to the Supermax prison.Zacarias Moussaoui on his way to the Supermax prison. [Source: WNBC / Jonathan Deinst]Zacarias Moussaoui is sentenced to life in prison for his role in the 9/11 attacks. A jury sentences him to six consecutive life terms without the possibility of parole. A single juror votes against the death penalty for one of the three counts for which Moussaoui is eligible to receive the death sentence (see March 6-May 4, 2006). For the other two counts, the vote is 10-2. According to the foreman of the jury, the lone dissenter did not identify his or herself to the other jurors during deliberations and consequently they could not discuss the person’s reasons for opposing the death penalty. “But there was no yelling. It was as if a heavy cloud of doom had fallen over the deliberation room, and many of us realized that all our beliefs and our conclusions were being vetoed by one person,” the foreman explains to the Washington Post. “We tried to discuss the pros and cons. But I would have to say that most of the arguments we heard around the deliberation table were [in favor of the death penalty]… Our sense was this was a done deal for that person and whoever that person is, they were consistent from the first day and their point of view didn’t change.” [Washington Post, 5/12/2006] As a result of the vote, Moussaoui will not be executed and instead will serve six life sentences at the Supermax prison in Florence, Colorado. A day after the sentencing, on May 5, Moussaoui files a motion to withdraw his guilty plea. He says that his March 27 testimony that he was supposed to have hijacked a fifth plane on September 11 and fly it into the White House “was a complete fabrication.” At sentencing the judge told him, “You do not have a right to appeal your convictions, as was explained to you when you plead guilty. You waived that right.” [Associated Press, 5/8/2006]

Entity Tags: Zacarias Moussaoui

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Niger Uranium and Plame Outing

The Wall Street Journal’s Stephen Moore interviews reclusive billionaire Charles Koch, the head of the Koch Brothers oil empire. Among the items of interest in the interview is Koch’s admission that he, along with his brother David (see 1977-Present, 1979-1980, 1981-2010, 1984 and After, and Late 2004), coordinates the funding of the conservative infrastructure of some of the most influential front groups, political campaigns, think tanks, media outlets, and other such efforts through a semiannual meeting with wealthy conservative donors. (Moore himself receives Koch funding for his work, according to a Think Progress report published four years later. In return, Moore is quite laudatory in the interview, writing that Koch is a “creative forward-thinking… professorial CEO” who “is immersed in the ideas of liberty and free markets.”) Koch tells Moore that his basic goal is to strengthen what he calls the “culture of prosperity” by eliminating “90 percent” of all laws and government regulations. Moore writes of the twice-yearly conference: “Mr. Koch’s latest crusade to spread the ideas of liberty has been his sponsorship of a twice-yearly conference that gathers together many of the most successful American entrepreneurs, from T. Boone Pickens to former Circuit City CEO Rick Sharp. The objective is to encourage these captains of industry to help fund free-market groups devoted to protecting the fragile infrastructure of liberty. That task seems especially critical given that so many of the global superrich, like George Soros and Warren Buffett, finance institutions that undermine the very system of capitalism that made their success possible (see January - November 2004). Isn’t this just the usual rich liberal guilt, I ask. ‘No,’ he says, ‘I think they simply haven’t been sufficiently exposed to the ideas of liberty.’” [Wall Street Journal, 5/6/2006; Think Progress, 10/20/2010]

Entity Tags: Think Progress (.org), Charles Koch, Wall Street Journal, David Koch, Stephen Moore

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Retired Republican Senator Warren Rudman, the former co-chairman of Congress’s Iran-Contra investigation (see July 7-10, 1987), says that today’s White House officials are little different in at least one respect to the Reagan-era officials who constantly leaked information to the press, then claimed Congress leaked so much information that it was unfit to be trusted with the nation’s secrets. “Just look at the case now with that CIA agent [Valerie] Plame [Wilson],” Rudman says. “God forbid anyone did that on the Hill, there would be hell to pay. The administration would be lining up howitzers on the White House lawn to fire at the Capitol.” [Dubose and Bernstein, 2006, pp. 76-77]

Entity Tags: Bush administration (43), Warren Rudman, Valerie Plame Wilson

Timeline Tags: Civil Liberties

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

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

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

Timeline Tags: Niger Uranium and Plame Outing

Marc Ash, the publisher of the progressive news Web site Truthout (.org), attempts to distance his publication from reports it provided that asserted, falsely, that White House political strategist Karl Rove had been indicted (see May 13, 2006 and June 13, 2006). Ash says that because of the “hysteria” surrounding the reports—including an unsubstantiated report that Truthout reporter Jason Leopold had impersonated another reporter in the course of his reporting (see June 18, 2006)—Truthout is “going to stand down on the Rove matter at this time.” Truthout will instead “defer… to the nation’s leading publications,” which have never verified Leopold’s reporting. “We are expressly endeavoring to mitigate hysteria,” Ash says. At the same time, he adds, “There is no indication that Mr. Leopold acted unethically… we stand firmly behind Jason Leopold.” Ash says he is not convinced that the story of Leopold’s posing as another reporter is true: that story, he says, “originated with Mark Corallo,” Rove’s spokesman. “Corallo seems to think that Jason Leopold misrepresented himself as Joe Luria [sic]… as an attempt to get Corallo on the telephone.… I haven’t gotten anything to back that up.” [TPM Muckraker, 6/19/2006]

Entity Tags: Karl C. Rove, Jason Leopold, Truthout (.org), Marc Ash, Mark Corallo

Timeline Tags: Niger Uranium and Plame Outing

The cover of ‘Conservatives Without Conscience.’The cover of ‘Conservatives Without Conscience.’ [Source: Barnes and Noble (.com)]Author and former Nixon White House counsel John Dean writes in his book Conservatives Without Conscience that it was never public opinion that drove Richard Nixon to resign his office (see August 8, 1974).
Loss of Support among White House Officials Forced Resignation - In 1981, social scientist Bob Altermeyer wrote in his book Right Wing Authoritarianism that Nixon resigned, not because of his plummeting poll ratings, but “because [Nixon]‘s attorney had forced the disclosure of evidence so damaging that it seemed certain he would be convicted of high crimes by the Senate.” Dean approvingly cites Altermeyer’s conclusion and adds, “This is true, but there is more to the story.” Nixon had a number of legal recourses to answer any charges brought against him, Dean writes, “many of which [President] Bush and [Vice President] Cheney are promoting today under the rubric of national security and the inherent power of the presidency.” Nixon finally resigned, Dean argues, not because of public opinion, or of fear of the law, or even because of the erosion of support he suffered among members of Congress. It was the abandonment of Nixon by his own defenders in the White House that finally drove Nixon to resign. “Other than White House counsel Fred Buzhardt, and possibly chief of staff Al Haig (with whom Buzhardt had roomed at West Point), no one was aware that Nixon was lying about what he knew and when he knew it once the cover-up had initially fallen apart. Nixon provided the lawyer he had hired to defend him in the House’s impeachment inquiry (see May 9, 1974), James St. Clair, with false information, and St. Clair—as it happened—was a man of integrity and not a right-wing authoritarian follower. When he found out that his client had lied to him he had two choices: to resign or to join the new cover-up. He was, as it happened, interested in participating in the latter.”
Bush, Cheney Would Defy Law, Dean Argues - Dean continues: “Nixon at one point considered defying the Supreme Court ruling that he turn over his incriminating tapes (evidence that revealed that his defense was a sham) (see July 24, 1974) on the very grounds that Bush and Cheney argue. They have authority under the Constitution to read it and comply with it as they see fit. Once it was apparent that Richard Nixon had broken the law, he made the most significant decision of his presidency: the decision to honor the rule of law and resign.… [T]here is little doubt in my mind that Bush and Cheney, in the same situation, would not budge; rather, they would spin the facts as they always have, and move forward with their agenda. The president and vice president, it appears, believe the lesson of Watergate was not to stay within the law, but rather not to get caught. And if you do get caught, claim that the president can do whatever he thinks necessary in the name of national security.” [Dean, 2006, pp. 181-182]

Entity Tags: George W. Bush, Alexander M. Haig, Jr., Fred Buzhardt, Richard (“Dick”) Cheney, James St. Clair, Richard M. Nixon, John Dean, Bob Altermeyer

Timeline Tags: Nixon and Watergate

Responding to columnist Robert Novak’s disclosure that White House political strategist Karl Rove was one of his sources in the Plame Wilson identity leak (see July 12, 2006), Mary Matalin, the former media adviser to Vice President Dick Cheney, launches an attack against the prosecutors investigating the leak on Fox News. Matalin says that neither Lewis Libby, the former White House official charged with perjury and obstruction in the investigation (see October 28, 2005), nor anyone else committed a crime—even going so far as to claim that special prosecutor Patrick Fitzgerald acknowledged that no one committed a crime—and former ambassador Joseph Wilson “flat-out lied” in his July 2003 op-ed debunking the Iraq-Niger uranium claim (see July 6, 2003). Fitzgerald repeatedly asserted the serious nature of Libby’s crimes in Libby’s indictment, noting that Libby both lied and obstructed justice in his dealings with the FBI and with Fitzgerald’s grand jury. Moreover, Matalin’s claim that Wilson was “lying” is countered by numerous findings that the Iraq-Niger claims were absolutely false (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003), including a July 2004 Senate Intelligence Committee report on prewar intelligence (see July 9, 2004). Matalin goes on to say that “everybody in town knew” that Valerie Plame Wilson was a CIA agent, an assertion again debunked by Fitzgerald in his indictment. [Media Matters, 7/12/2006]

Entity Tags: Karl C. Rove, Joseph C. Wilson, Patrick J. Fitzgerald, Robert Novak, Mary Matalin, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Actor Kiefer Sutherland as ‘Jack Bauer.’Actor Kiefer Sutherland as ‘Jack Bauer.’ [Source: Stuff.co.nz]Law professor Phillippe Sands begins a series of interviews with the former staff judge advocate for the US Army in Guantanamo, Lieutenant Colonel Diane Beaver. She is the author of a legal analysis that was used by the Bush administration to justify its extreme interrogation techniques (see October 11, 2002). Sands describes her as “coiled up—mistreated, hung out to dry.” She is unhappy with the way the administration used her analysis, and notes that she was guided in her work at Guantanamo by personnel from the CIA and Defense Intelligence Agency. She believes that some of the interrogation techniques were “reverse-engineered” from a training program called SERE—Survival, Evasion, Resistance, and Escape—though administration officials have denied this. Several Guantanamo personnel were sent to Fort Bragg, SERE’s home, for a briefing on the program (see December 2001, January 2002 and After, Mid-April 2002, Between Mid-April and Mid-May 2002, July 2002, July 2002, July 2002, and August 1, 2002). Military training was not the only source of inspiration. Fox’s television drama 24 came to a conclusion in the spring of 2002, Beaver recalls. One of the overriding messages of that show is that torture works. “We saw it on cable,” Beaver remembers. “People had already seen the first series. It was hugely popular.” The story’s hero, Jack Bauer, had many friends at Guantanamo, Beaver adds. “He gave people lots of ideas.” She recalls in graphic terms how excited many of the male personnel became when extreme interrogation methods were discussed. “You could almost see their d_cks getting hard as they got new ideas,” she will say. “And I said to myself, You know what? I don’t have a d_ck to get hard—I can stay detached.” The FBI and the Naval Criminal Investigative Service refused to become involved in aggressive interrogations, she says (see Late March through Early June, 2002 and December 17, 2002). [Vanity Fair, 5/2008]

Entity Tags: Naval Criminal Investigative Service, Diane E. Beaver, Federal Bureau of Investigation, Fox Broadcasting Company, Phillippe Sands, Georgetown University

Timeline Tags: Torture of US Captives

The New York Post editorial board writes that, in light of recent revelations that former Secretary of State Richard Armitage leaked the name of Valerie Plame Wilson to reporters Bob Woodward and Robert Novak (see August 22, 2006, Late August-Early September, 2006, and Late August-Early September, 2006), the only remaining question is “how to do right by the principal victim of the farce—former vice presidential aide I. Lewis ‘Scooter’ Libby?” The Armitage revelation “completely unravels the notion that there was a broad institutional conspiracy” to expose the CIA identity of Plame Wilson, the Post states, and for three years Libby and the Bush administration have been victimized by “loony-left conspiracy-mongering.” The Post blames Armitage and his then-boss, former Secretary of State Colin Powell, for standing by while the outcry against the Plame Wilson leak developed. Even though “Libby shouldn’t have lied to investigators, as he is alleged to have done,” the Post says “the investigation should never have been launched in the first place. It was the product of wild charges from an embittered, partisan former official [Joseph Wilson—see July 6, 2003], combined with bad faith and lack of candor from the top two men at State.” The Post concludes with a call for President Bush to pardon Libby and “let the country put this sorry episode behind it.” [New York Post, 9/2/2006] A day later, the Boston Herald editorial board issues an almost identical call for a presidential pardon for Libby, and excoriates Armitage and Powell for their roles in the affair. [Boston Herald, 9/3/2006] Two days after the Herald publishes its editorial, the Los Angeles Times publishes an editorial which does not directly advocate a pardon for Libby, but calls the Plame Wilson identity leak investigation and the trial a “dark comedy of errors” that should have been ended “long ago.” [Los Angeles Times, 9/5/2006]

Entity Tags: New York Post, George W. Bush, Colin Powell, Bush administration (43), Boston Herald, Joseph C. Wilson, Los Angeles Times, Robert Novak, Valerie Plame Wilson, Richard Armitage, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Jonah Goldberg.Jonah Goldberg. [Source: MSNBC / MediaBistro (.com)]Conservative columnist Jonah Goldberg, writing for the National Review, compares former ambassador Joseph Wilson (see February 21, 2002-March 4, 2002 and July 6, 2003) to self-proclaimed child murderer John Mark Karr, who falsely confessed to raping and killing six-year-old JonBenét Ramsey. After writing that “Wilson is no more a would-be pedophile than Karr is a former diplomat,” Goldberg calls both men “attention-seeking liars who deliberately helped launch criminal investigations that should never have gone as far as they did” and the beneficiaries of “media feeding frenzies that wasted everybody’s time.” In some ways, Goldberg writes, Wilson is worse than Karr: at least when Karr lied to the press, he attempted to fix the blame for his supposed actions for himself. Wilson, on the other hand, was “a one-man sprinkler system of false accusations” against Bush administration officials such as the “falsely accused” Lewis Libby. Goldberg repeats false claims by Republican members of the Senate Intelligence Committee that Wilson’s discoveries in Niger actually bolstered administration claims of Iraqi attempts to buy Nigerien uranium (see July 9, 2004), and repeats discredited claims that Wilson’s wife, exposed CIA official Valerie Plame Wilson, sent him to Niger (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). Goldberg calls Wilson “self-lionizing” and “vengeful,” and goes one step further than most of his fellow conservatives (see September 5, 2006), saying, “Indeed, there’s good reason to believe Wilson himself leaked the information that Plame was an undercover agent.” Goldberg advances no information to back this particular claim. Instead of doing its “rightful” job in challenging Wilson’s allegations from the outset, Goldberg writes, the “mob” of “liberal pundits” at the New York Times and other press outlets went “hog wild” in chasing the possibility of wrongdoing performed by Bush officials such as Libby and Karl Rove. [National Review, 9/5/2006]

Entity Tags: New York Times, John Mark Karr, Bush administration (43), JonBenét Ramsey, Karl C. Rove, Jonah Goldberg, Valerie Plame Wilson, Senate Intelligence Committee, Lewis (“Scooter”) Libby, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

David Corn, a Nation editor and co-author of the book Hubris with Newsweek reporter Michael Isikoff, reveals the nature of Valerie Plame Wilson’s status and duties as a CIA agent in his column. Isikoff and Corn have revealed similar information in their book; both accounts are based on interviews with confidential CIA sources. To answer the question of whether columnist Robert Novak broke the law when he “outed” Plame Wilson as a covert CIA official (see July 14, 2003) depends on whether Plame Wilson was, indeed, an undercover agent. Novak has called her “an analyst, not in covert operations” (see October 1, 2003). Conservative columnist Jonah Goldberg has called her a “desk jockey” whose CIA status was common knowledge within Washington (see September 30, 2003). A Republican congressman called her a “glorified secretary” (see September 29, 2003). White House officials have suggested that her employment was no real secret. But according to the research done by Isikoff and Corn, none of that is true. Corn writes: “Valerie Wilson was no analyst or paper-pusher. She was an operations officer working on a top priority of the Bush administration. [Richard] Armitage, [Karl] Rove, and [Lewis] Libby had revealed information about a CIA officer who had searched for proof of the president’s case. In doing so, they harmed her career and put at risk operations she had worked on and foreign agents and sources she had handled” (see July 21, 2003, September 27, 2003, October 22-24, 2003, and October 23-24, 2003)). The book also demonstrates that Plame Wilson did not send her husband, Joseph Wilson, on the now-famous trip to Niger as many Bush administration supporters have claimed (see February 21, 2002-March 4, 2002, February 19, 2002, and July 22, 2003). Isikoff and Corn have verified Plame Wilson’s status as a NOC, or “non-official cover” officer, the highest and most clandestine of the CIA’s field agents (see Fall 1992 - 1996). Her job as a NOC was to recruit agents and informants for the CIA in foreign countries. After her return to Washington, she joined the counterproliferation division’s Iraq desk (see 1997), and eventually headed the operations unit of the CIA’s Joint Task Force on Iraq (JTFI), the agency’s unit in learning about Iraq’s WMD programs (see 2002 and April 2001 and After)—which, Corn writes, was first launched months before the 9/11 attacks. Plame Wilson not only worked on JTFI duties in Washington, but in the Middle East, including a trip to Jordan to determine whether aluminum tubes purchased by Iraq were for conventional missiles or for nuclear centrifuges. When Novak blew her cover, she was preparing to change her clandestine status from NOC to official cover, with plans to eventually return to secret operations. As Corn observes, Novak and the White House officials who leaked the information of her CIA status to him (see September 28, 2003) destroyed her chances of continuing her career, jeopardized the foreign agents and sources she had worked with (see October 3, 2003), and hindered the nation’s ability to determine the truth behind the claims of Iraqi WMD. [Nation, 9/6/2006]

Entity Tags: Lewis (“Scooter”) Libby, David Corn, Central Intelligence Agency, Bush administration (43), Joint Task Force on Iraq, Karl C. Rove, Jonah Goldberg, Richard Armitage, Michael Isikoff, Joseph C. Wilson, Valerie Plame Wilson, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Former Deputy Secretary of State Richard Armitage admits telling Washington Post reporter Bob Woodward (see June 13, 2003) and columnist Robert Novak (see July 8, 2003) that Valerie Plame Wilson was a CIA official, and says it was a “terrible” mistake to have done so. “Oh, I feel terrible,” he says. “Every day, I think I let down the president. I let down the secretary of state. I let down my department, my family, and I also let down Mr. and Mrs. Wilson.… I value my ability to keep state secrets. This was bad, and I really felt badly about this.” Asked if he owes the Wilsons an apology, Armitage says, “I think I’ve just done it.” He explains his conversation with Novak: “At the end of a wide-ranging interview he asked me, ‘Why did the CIA send Ambassador Wilson [Joseph Wilson, Plame Wilson’s husband] to Africa?’ I said I didn’t know, but that she worked out at the agency.” Armitage calls it “just an offhand question,” and adds, “I didn’t put any big import on it and I just answered and it was the last question we had.” He claims that the State Department intelligence memo that listed Plame Wilson as a CIA agent was only partially classified, and excuses his revelation by saying, “I had never seen a covered agent’s name in any memo in, I think, 28 years of government,” so he had no idea that Plame Wilson was a covert agent. He believes he referred to her as either “Mrs. Wilson” or “Wilson’s wife,” and adds: “I didn’t know the woman’s name was Plame. I didn’t know she was an operative.” Armitage claims he realized he was Novak’s source several months after Plame Wilson’s outing, and immediately informed the FBI (see October 1, 2003). He says he has not publicly discussed his role in the Plame Wilson affair until now because special prosecutor Patrick Fitzgerald asked him to remain silent: “[T]he special counsel, once he was appointed, asked me not to discuss this and I honored his request.” Fitzgerald has now released him from his pledge. Armitage has testified three times before Fitzgerald’s grand jury, the last time in December 2005, without being subpoenaed. “I was a cooperating witness from the beginning,” he says. [CBS News, 9/7/2006; New York Times, 9/8/2006]

Entity Tags: Patrick J. Fitzgerald, Bob Woodward, Joseph C. Wilson, Robert Novak, Richard Armitage, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

A bipartisan Senate report finds that no credible evidence of any links between al-Qaeda and Saddam Hussein’s government ever existed, despite repeated and insistent claims by the White House and its allies (see Early 1995), March-June 1998, (2:40 p.m.) September 11, 2001, Shortly After September 11, 2001, September 18, 2001, September 19, 2001, September 21, 2001, October 27, 2001, 2002, February 6, 2002, March 22, 2002, July 25, 2002, September 12, 2002, September 15, 2002, September 25, 2002, October 1, 2002, October 2, 2002, October 7, 2002, October 7, 2002, December 2, 2002, Mid-January 2003, January 26, 2003, January 28, 2003, January 28, 2003, February 1, 2003-February 4, 2003, February 5, 2003, February 5, 2003, February 6, 2003, February 8, 2003, February 9, 2003, February 11 or 12, 2003, February 16, 2003, March 9, 2003, March 17, 2003, March 17-18, 2003, Shortly After April 9, 2003, July 9, 2003, September 7, 2003, September 14, 2003-September 17, 2003, September 28, 2003, December 17, 2003, January 8, 2004, January 9, 2004, Early June 2004, June 14, 2004, June 15, 2004, June 15, 2004, October 4, 2004, May 2005, October 2005, (2006), January 31, 2006, March 29, 2006, and September 10, 2006). Panel Democrats say that the White House knew the intelligence surrounding its claims of such links was flawed and unreliable.
Tenet Admitted to Giving in to Pressure - They note that in July former CIA Director George Tenet told the panel that the White House pressured him to support its arguments and that he agreed despite the findings of his own analysts. “Tenet admitted to the Intelligence Committee that the policymakers wanted him to ‘say something about not being inconsistent with what the president had said,’” says Intelligence Committee member Carl Levin (D-MI). Such compliance was, in hindsight, “the wrong thing to do,” Tenet added, according to Levin. “Well, it was much more than that,” Levin says. “It was a shocking abdication of a CIA director’s duty not to act as a shill for any administration or its policy.” Tenet also admitted that he erred in issuing a statement after President Bush’s October 7, 2002 speech saying that Bush’s claims were consistent with CIA findings (see October 7, 2002).
Republicans Say Report Just 'Election-Year Politicking' - Republican committee members insist that there is little new information about prewar intelligence or claims about Iraq’s links to terrorism. Ranking committee member Pat Roberts (R-KS) accuses Levin and other Democrats of trying to “use the committee… insisting that they were deliberately duped into supporting the overthrow of Saddam Hussein’s regime.… That is simply not true, and I believe the American people are smart enough to recognize election-year politicking when they see it.” Democrats retort that the report speaks for itself.
Impeachment Not Warranted - However, committee Democrats such as John Rockefeller (D-WV) say that the report does not prove any criminal behavior from Bush or his top officials, and say that impeachment of Bush or anyone else is not warranted.
Hussein Opposed to US Policies - An FBI summary quoted in the report shows Hussein acknowledging that his government had met with al-Qaeda leader Osama bin Laden, but denying any collusion. Hussein said he opposed only US policies, and added that “if he wanted to cooperate with the enemies of the US, he would have allied with North Korea or China,” according to the FBI summary.
Other Portions of Report - Other sections of the report find that no evidence existed to support claims that Iraq was reconstituting its nuclear program (see February 7, 2001, February 12, 2001, November 14, 2001, May 2002-September 2002, September 9, 2002, January 9, 2003, March 8, 2003, May 25, 2003, and May 30, 2003), had possessed biological weapons in 2003 (see 2002, 2002-March 2003, Mid-January 2002, March 22, 2002, August 2002, September 2002, September 24, 2002, December 2002, End of December 2002, January 9, 2003, and March 7, 2003), used the Salman Pak facility to train Islamist terrorists (see September 8, 2006), or that Iraqi officials met with 9/11 hijacker Mohamed Atta in the months before the 9/11 attacks (see September 8-10, 2006). The report also finds that the White House relied heavily on false intelligence from Ahmed Chalabi and the Iraqi National Congress (see After August 2, 1989, (1994), January 1996, November 6-8, 2001, Between February 12, 2002 and March 31, 2002, Between February 12, 2002 and March 31, 2002, Summer 2002, and June 26, 2002). [Senate Intelligence Committee, 9/8/2006 pdf file; Associated Press, 9/9/2006]

Entity Tags: Iraqi National Congress, Bush administration (43), Ahmed Chalabi, Carl Levin, George J. Tenet, Saddam Hussein, Central Intelligence Agency, Osama bin Laden, Pat Roberts, Senate Intelligence Committee, John D. Rockefeller, Mohamed Atta

Timeline Tags: Iraq under US Occupation

Progressive columnist Joe Conason questions the ability of many mainstream reporters and government observers to understand the underlying reality behind the Plame Wilson identity leak. He writes that “[t]he latest developments in the case… proved once more that the simplest analysis of facts is beyond the grasp of many of America’s most celebrated journalists.” The recently published book Hubris, by Michael Isikoff and David Corn, reveals that the then-Deputy Secretary of State, Richard Armitage, was apparently the first White House official to reveal the CIA status of Valerie Plame Wilson to a reporter (see June 13, 2003 and July 8, 2003). Unlike two other White House leakers, Karl Rove (see July 8, 2003 and 11:00 a.m. July 11, 2003) and Lewis Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003), Armitage was not sold on the idea of the Iraq invasion. Because of these facts, Conason writes, many journalists and observers have decided that Rove and Libby are both “guiltless” of any criminal or underhanded conduct, “that there was no White House effort to expose Ms. Wilson, and that the entire leak investigation was a partisan witch hunt and perhaps an abuse of discretion by the special counsel, Patrick Fitzgerald (see February 6, 2007). The same pundits now proclaim that Mr. Armitage’s minor role somehow proves the White House didn’t seek to punish Valerie Wilson and her husband, former ambassador Joe Wilson, for his decision to publicly debunk the presidential misuse of dubious intelligence from Niger concerning Iraq’s alleged attempts to purchase yellowcake uranium.” Conason writes that to draw such conclusions is simple-minded. “It’s a simple concept—two people or more can commit a similar act for entirely different reasons—but evidently it has flummoxed the great minds of contemporary journalism.” Armitage let Plame Wilson’s identity slip in what was apparently a gossip session. Rove and Libby, on the other hand, “sought to undermine Joe Wilson’s credibility—and perhaps to victimize him and his wife—by planting information about Valerie Wilson with two reporters.” Fitzgerald understands the difference in motivation between Armitage and Rove/Libby, Conason writes, but many journalists seem not to understand that difference. “It is a simple matter,” Conason concludes, “and yet still too challenging for the national press to understand.” [New York Observer, 9/10/2006]

Entity Tags: Karl C. Rove, Joe Conason, Valerie Plame Wilson, Richard Armitage, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Conservative columnist Robert Novak, who outed CIA official Valerie Plame Wilson three years ago (see July 14, 2003) after receiving the information about her from, among other sources, then-Deputy Secretary of State Richard Armitage (see July 8, 2003), writes of the Armitage leak. Novak writes that he feels free to discuss it publicly now that Armitage has publicly admitted to being one of Novak’s sources (see September 7, 2006).
Accusation of Misrepresentation - Novak says Armitage misrepresented the nature of their conversation, and wants “to set the record straight based on firsthand knowledge.” Armitage was not passing along information that he “thought” might be the case, Novak writes. “Rather, he identified to me the CIA division where Mrs. Wilson worked [counterproliferation], and said flatly that she recommended the mission to Niger by her husband, former Amb[assador] Joseph Wilson. Second, Armitage did not slip me this information as idle chitchat, as he now suggests. He made clear he considered it especially suited for my column.”
Armitage Leak Discredits 'Left-Wing Fantasy' of White House Smear Campaign - Novak then says that Armitage’s identity as one of the Plame Wilson leakers discredits the “left-wing fantasy of a well-crafted White House conspiracy to destroy Joe and Valerie 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, and April 5, 2006). Armitage was a long-time skeptic of the Iraq invasion, as was Wilson, and Novak himself writes that he “long had opposed military intervention in Iraq.” After his July 2003 column, “[z]ealous foes of George W. Bush transformed me improbably into the president’s lapdog.… The news that [Armitage] and not Karl Rove was the leaker was devastating news for the Left.” Novak is apparently not admitting that Rove was a primary source for the Plame Wilson column (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003). Novak also writes that he finds it difficult to believe Armitage’s claim that he only realized he was Novak’s source for the leak after reading Novak’s October 1, 2003 column (see October 1, 2003). He calls Armitage’s disclosure “tardy” and “tainted,” since in Novak’s view, Armitage’s silence “enabled partisan Democrats in Congress to falsely accuse Rove of being my primary source.” [Chicago Sun-Times, 9/14/2006]
Author: Novak Changed Story for Fourth Time - Progressive author and blogger Marcy Wheeler accuses Novak of “changing his story for the fourth time” (see July 12, 2006) in his recounting of the Armitage episode. In his original column (based in part on Armitage’s confirmation—see July 8, 2003 and July 14, 2003), Novak called Valerie Plame Wilson “an agency operative on weapons of mass destruction,” and credited that information to an unnamed CIA source (later revealed to be CIA spokesman Bill Harlow—see (July 11, 2003) and Before July 14, 2003). In an October 2003 column (see October 1, 2003), Novak named “a senior administration official”—Armitage—as his source for Plame Wilson’s status as an employee of the CIA’s counterproliferation division, which works on WMD (see April 2001 and After). During a subsequent interview with Fox News anchor Brit Hume, Novak again changed Armitage’s description of Plame Wilson’s duties at the CIA. Novak has also changed his story on whether Armitage’s leak was deliberate or merely “chitchat,” as Armitage has claimed. Novak told Newsday reporters that he “didn’t dig out” information on Plame Wilson, “it was given to me.… They thought it was significant, they gave me the name and I used it.” In his October 2003 column, he revised his story, saying he “did not receive a planned leak” and called Armitage’s information “an offhand revelation.” In this current column, he reverts to claiming that Armitage deliberately leaked the information. [Marcy Wheeler, 9/13/2006]

Entity Tags: Marcy Wheeler, Joseph C. Wilson, George W. Bush, Bill Harlow, Karl C. Rove, Richard Armitage, Robert Novak, Valerie Plame Wilson

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Victoria Toensing, a former Justice Department official under the Reagan administration, reiterates and expands on claims made by her fellow conservatives (see Late August-Early September, 2006, September 2-5, 2006, September 5, 2006, September 5, 2006, September 6, 2006, and September 7, 2006) that the admission by former Deputy Secretary of State Richard Armitage of his leaking of CIA official Valerie Plame Wilson’s identity to a reporter (see June 13, 2003 and July 8, 2003) exonerates accused perjurer Lewis 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). “Mr. Armitage is responsible for one of the most factually distorted investigations in history,” Toensing writes. Toensing again asserts, as she has in the past, that Plame Wilson was not a covert official (see November 2-9, 2005 and November 3, 2005), though Plame Wilson’s covert status has been affirmed many times (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 echoes previous claims that Plame Wilson’s husband, Joseph Wilson (see July 6, 2003), is responsible for exposing his wife’s covert identity. [Wall Street Journal, 9/15/2006]

Entity Tags: Joseph C. Wilson, Victoria Toensing, Richard Armitage, Lewis (“Scooter”) Libby

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

Judge Reggie Walton issues an order on the use of classified evidence in the Lewis Libby perjury and obstruction trial (see December 14, 2005, January 9, 2006, January 23, 2006, January 31, 2006, (February 16, 2006), February 21, 2006, February 24, 2006, February 27, 2006, March 1, 2006, March 2-7, 2006, March 10, 2006, March 17, 2006, April 5, 2006, May 12, 2006, May 19, 2006, June 2, 2006, and August 18, 2006). The order is largely procedural, acknowledging the deep divisions between the prosecution and the defense on the issue, and concluding “that the Federal Rules of Evidence and the restrictions they impose control whether information subject to CIPA [Classified Information Procedures Act] proceedings is admissible during a trial.” The order indicates that Walton is inclined to find at least somewhat in favor of the defense and may order many of the classified materials requested by the Libby defense team to be presented as evidence, leading the Associated Press to report “a victory to the defense” in the ruling. Walton also reminds prosecutor Patrick Fitzgerald that if his concerns about a possible breach of national security are that strong, he is free to stop the disclosure of classified information by dropping the charges against Libby (see After October 28, 2005, January 31, 2006, February 6, 2006, (February 16, 2006), and September 27, 2006). [US District Court for the District of Columbia, 9/21/2006 pdf file; MSNBC, 9/21/2006; Associated Press, 9/21/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Lewis Libby’s defense team files a brief with the court that indicates Libby will testify in his own defense at his upcoming trial. According to the brief, Libby will:
bullet testify on his own behalf during the trial;
bullet introduce a PowerPoint presentation at his trial;
bullet attempt to introduce his notes made during pertinent times; and
bullet attempt to introduce classified documents, including documents pertaining to former ambassador Joseph Wilson’s trip to Niger (see February 21, 2002-March 4, 2002), which his lawyers say can be admitted under exceptions to the hearsay rule. “Mr. Libby must be able to discuss classified information to give the jury an accurate picture of his state of mind during the relevant time period and to show the jury that any errors he made in his statements and testimony were the product of confusion, mistake, and faulty memory rather than deliberate misrepresentations,” defense attorneys write in the brief. [US District Court for the District of Columbia, 9/22/2006 pdf file; Associated Press, 9/23/2006; Jeralyn Merritt, 9/23/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

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