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Context of 'June 16, 2006: Powell’s Former Chief of Staff: Cheney Runs US Foreign Policy; Former White House Staffer: Bush’s Staff ‘Terrified of Cheney’s People’'

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The US Treasury Department freezes the assets of the Iranian-American Community of Northern Virginia after the organization holds a fundraising event (see January 24, 2004), the stated purpose of which was to provide support to Iranian earthquake victims. The FBI believes that some of the money raised was also meant to fund the Mujahedeen-e Khalq (MEK), a US-designated terrorist organization whose mission is to overthrow the government of Iran. (Kessler 1/29/2004)

The lurid tale of Iraq’s readiness to deploy WMD within 45 minutes, a claim used to great effect by both British and American officials to justify the war with Iraq (see September 28, 2002 and December 7, 2003), is shown to be false (see October 13, 2004)). Both the source, supposed Iraqi military official Lieutenant Colonel al-Dabbagh, and Iraqi government official Iyad Allawi, who turned over al-Dabbagh’s raw intelligence to US and British agents, now say they bear no responsibility for the claims. Nick Theros, Allawi’s Washington representative, says the information was raw intelligence from a single source: “We were passing it on in good faith. It was for the intelligence services to verify it.” Middle East expert Juan Cole says that Allawi and al-Dabbagh “passed to British intelligence and to Con Coughlin at the Telegraph a series of patently false reports that bolstered the case for war against Iraq but which were wholly unfounded. (Coughlin is either gullible or disingenuous.)” (Hosenball 1/12/2004; Juan Cole 1/27/2004; Leigh and Norton-Taylor 1/27/2004) Theros now says al-Dabbagh’s information was a “crock of sh_t,” and adds, “Clearly we have not found WMD.” (Hosenball 1/12/2004; Leigh and Norton-Taylor 1/27/2004)

Two government officials testify that they asked conservative columnist Robert Novak not to publish the name of covert CIA official Valerie Plame Wilson in his column (see Before July 14, 2003 and July 14, 2003). The officials’ names are not made public. Testifying before the grand jury investigating the Plame Wilson leak (see January 2004), the officials say that before Novak printed his column, they warned him that by publishing her name and CIA affiliation, he risked jeopardizing her ability to engage in covert work, damaging ongoing intelligence operations, and hurting sensitive overseas intelligence assets. Novak has claimed that CIA officials told him that Plame Wilson was nothing more than an analyst, and, as reporter Murray Waas writes, “the only potential consequences of her exposure as a CIA officer would be that she might be inconvenienced in her foreign travels.” The statements of the two government officials contradict Novak’s version of events, and the two officials call his characterizations false and misleading. According to the officials, Novak was told that Plame Wilson’s work for the CIA “went much further than her being an analyst,” and that publishing her name would be “hurtful,” could stymie ongoing intelligence operations, and jeopardize her overseas sources. “When [Novak] says that he was not told that he was ‘endangering’ someone, that statement might be technically true,” says one of the officials. “Nobody directly told him that she was going to be physically hurt. But that was implicit in that he was told what she did for a living.” The other official says: “At best, he is parsing words. At worst, he is lying to his readers and the public. Journalists should not lie, I would think.” Notes from one of the officials from his conversation with Novak bolster the officials’ testimony. The officials also contradict Novak’s claim that CIA officials told him Plame Wilson was part of the agency decision to send her husband to Niger to investigate the Iraq-Niger uranium allegations (see July 6, 2003). One of them says that the CIA at first refused to comment, and later told Novak that Plame Wilson played no part in the selection of her husband (see February 13, 2002). “He was told it just wasn’t true—period,” the official testifies. “But he just went with the story anyway. He just didn’t seemed to care very much whether the information was true or not.” (Waas 2/12/2004)

Columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column in July 2003 (see July 14, 2003), is questioned for a second time (see January 14, 2004) by Patrick Fitzgerald, the special prosecutor investigating the Plame Wilson leak (see December 30, 2003). As with the earlier interview, Fitzgerald interviews Novak at the law offices of Swidler Berlin, the firm representing him. In writing about this interview, Novak will not go into the specifics of his interrogation, but will state: “I declined to answer when the questioning touched on matters beyond the CIA leak case. Neither the FBI nor the special prosecutor pressed me.” (Novak 7/12/2006)

Special counsel Patrick Fitzgerald grants former White House press secretary Ari Fleischer immunity from prosecution in return for his testimony in the Plame Wilson leak investigation. Fleischer is granted immunity from any criminal charge related to his involvement in the Plame Wilson identity leak (see July 7, 2003, 8:00 a.m. July 11, 2003, and 1:26 p.m. July 12, 2003) except “against charges of perjury, giving false statement, or otherwise failing to comply with the Order of the Court.” Fleischer will testify to the FBI several days later. (US District Court for the District of Columbia 2/13/2004) In 2007, during the Lewis Libby trial, Fitzgerald will tell presiding Judge Reggie Walton (see January 25-27, 2007) that he opposed granting immunity to Fleischer because Fleischer’s lawyers refused to give a detailed “proffer” of what Fleischer would reveal. “They refused to give us a proffer,” Fitzgerald will say. “It wasn’t as if someone said ‘here’s what we’ll give you.’ It wasn’t something that we had laid out before us.… We were told he had relevant information. Frankly, I didn’t want to give him immunity, I was buying a pig in a poke. I did not know what we were going to get other than I knew it was going to be relevant to the case.” (Marcy Wheeler 1/25/2007)

The CIA sends a memo to top Bush administration officials informing them that Ibn al-Shaykh al-Libi, an al-Qaeda operative being held in custody by the CIA, recanted his claim in January that Iraq provided training in poisons and gases to members of al-Qaeda (see September 2002). (Jehl 7/31/2004; Isikoff 7/5/2005; Pincus 11/6/2005) The claim had been used in speeches by both President George Bush (see October 7, 2002) and Secretary of State Colin Powell (see February 5, 2003).

State Department official Marc Grossman (see May 29, 2003, June 10, 2003, and 12:00 p.m. June 11, 2003) gives a statement to the FBI as part of the Plame Wilson leak investigation. Grossman has already spoken once to the FBI (see October 17, 2003). As in his previous statement, he testifies that he had “two or three” telephone conversations with White House official Lewis Libby, but did not meet personally with him. (Marcy Wheeler 1/24/2007)

Columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column in July 2003 (see July 14, 2003), testifies before the grand jury investigating the Plame Wilson leak. Novak has already spoken to FBI investigators (see December 30, 2003) and to special prosecutor Patrick Fitzgerald (see January 14, 2004 and February 5, 2004), and disclosed the names of his three sources in the leak (see July 8, 2003 and Before July 14, 2003). Of his four appearances, Novak will later write: “I declined to answer when the questioning touched on matters beyond the CIA leak case. Neither the FBI nor the special prosecutor pressed me.” (Novak 7/12/2006)

White House chief of staff Lewis Libby speaks with NBC bureau chief and Meet the Press host Tim Russert. Russert has willingly testified to the FBI concerning his knowledge of the Valerie Plame Wilson identity leak (see November 24, 2003), but will resist testifying to the grand jury investigating the leak (see May 13-20, 2004 and June 2004). According to his own subsequent testimony before the grand jury (see March 24, 2004), Libby asks if Russert is willing to discuss the matter with his lawyer, but he will testify that he does not discuss anything else of substance with Russert. It is unclear whether their conversation has anything to do with Russert’s unwillingness to testify before the grand jury. (United States District Court for the District of Columbia 3/24/2004 pdf file; Marcy Wheeler 2/12/2007)

The lawyer for White House official Karl Rove, Robert Luskin, speaks with Time magazine reporter Viveca Novak, about the Plame Wilson leak investigation. Novak informs Luskin that a colleague of hers at Time, Matthew Cooper, may have learned Valerie Plame Wilson’s CIA identity from Rove (see 11:00 a.m. July 11, 2003). (Stevenson and Jehl 12/2/2005) According to Novak’s later recollection, Luskin says something along the lines of: “Karl doesn’t have a Cooper problem. He was not a source for Matt.” Novak isn’t convinced by Luskin’s words, and asks: “Are you sure about that? That’s not what I hear around Time.” Luskin, she will recall, “looked surprised and very serious,” and says, “There’s nothing in the phone logs,” referring to the White House telephone logs from July 2003, when Rove discussed Plame Wilson’s identity with Cooper, and when Cooper and other Time reporters published stories regarding the White House’s attempts to damage the credibility of Plame Wilson’s husband, Joseph Wilson (see July 17, 2003). Novak later notes that Cooper called Rove through the White House switchboard, which may explain the lack of phone logs. Novak is surprised at Luskin’s response. “I had been pushing back against what I thought was his attempt to lead me astray,” she will later write. “I hadn’t believed that I was disclosing anything he didn’t already know. Maybe this was a feint. Maybe his client was lying to him.” Novak immediately begins wishing she had not said anything to Luskin. Reporters don’t, as a rule, tip off people involved in investigations. “Thank you,” Luskin says as he walks her to her car. “This is important.” (Novak 12/11/2005) In 2005, investigative reporter Jason Leopold will posit that Novak may have been trying to convince Luskin that she knew more about Cooper’s source than she did. According to Leopold, Novak is repeating a months-old rumor that Rove leaked Plame Wilson’s identity to Cooper, a rumor that has swirled throughout the Washington journalistic community. Leopold’s sources will bolster Novak’s claim that she had no intention of “tipping off” Luskin to anything. (Leopold 12/9/2005) The press will later report Novak’s meeting with Luskin as taking place in the late summer or fall of 2004, and Novak will initially tell special prosecutor Patrick Fitzgerald that it took place in May 2004, but according to her final testimony, the meeting occurs on March 1 (see December 8, 2005). (Stevenson and Jehl 12/2/2005; Novak 12/11/2005) Leopold will date the Novak-Luskin conversation to “the summer of 2004.” (Leopold 12/9/2005) Upon the conclusion of his conversation with Novak, Luskin will immediately prompt Rove to begin searching for documentation of his conversation with Cooper (see March 1, 2004).

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

State Department official Marc Grossman (see May 29, 2003, June 10, 2003, and 12:00 p.m. June 11, 2003) testifies to the grand jury investigating the Plame Wilson identity leak. The content of his testimony is not made public. (Marcy Wheeler 1/24/2007)

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

Cover of Wilson’s ‘The Politics of Truth.’Cover of Wilson’s ‘The Politics of Truth.’ [Source: Barnes and Noble]Former ambassador Joseph Wilson, who helped disprove the White House’s claim that Iraq had attempted to buy uranium from Niger (see February 21, 2002-March 4, 2002 and July 6, 2003) and in turn had his wife, Valerie Plame Wilson, exposed as a CIA agent through a White House leak (see July 14, 2003, September 26, 2003, and September 30, 2003), publishes his book, The Politics of Truth: Inside the Lies that Led to War and Betrayed My Wife’s CIA Identity: A Diplomat’s Memoir. He had signed with a relatively small publisher, Carroll & Graf, after making a gentleman’s agreement with C&G editor Philip Turner, and refused to allow his literary agent to bid his book out for a larger advance in order to honor the agreement with Turner. According to Wilson’s wife, he worked relentlessly for four months to complete the book, eager to tell not just the story of his trip to Niger and his wife’s outing, but to write about his wide and varied diplomatic career in Africa and the Middle East (see September 5, 1988 and After, September 20, 1990, and Late November, 1990). (Wilson 2007, pp. 171-172) The book sells well and garners mostly positive reviews; for example, author and former White House counsel John Dean gives it a glowing review in the New York Times (see May 12, 2004). But right-wing supporters of the Bush administration quickly publish their own vilifications of Wilson and his book (see July 12, 2004). Plame Wilson will write in 2007: “Having lived through the first spate of attacks on Joe’s credibility and character in the wake of the leak, I thought I had acquired some armor. I was wrong. I knew the comments were politically motivated, but they were still painful to read, and once again we felt under siege.” Plame Wilson is particularly alarmed by the death threats made against her and her family by unidentified telephone callers, including one “seriously deranged person” who manages to talk to her four-year-old son for a moment. She asks the CIA for additional security measures to protect her children, a request that the agency will eventually deny. She will recall: “To say that the CIA response ‘disappointed’ me doesn’t begin to touch the betrayal that I felt. After [REDACTED] loyal service, I expected the agency to come through on its standing promise to protect its ‘family,’ something that had always been a point of CIA pride.… Clearly, I was on my own.” (Wilson 2007, pp. 178-180)

Conservative radio host Rush Limbaugh informs his listeners of a Harris poll showing a majority of those surveyed believe that Saddam Hussein had weapons of mass destruction when the war began over a year before (see March 19, 2003). Limbaugh blames the misconception on the “liberal media,” not on the government officials and conservative pundits, including Limbaugh, who pushed the idea of Iraqi WMD on the public before the invasion (see July 30, 2001, Mid-September, 2001, Mid-September-October 2001, October 17, 2001, November 14, 2001, December 20, 2001, 2002, February 11, 2002, Summer 2002, July 30, 2002, August 26, 2002, September 4, 2002, September 8, 2002, September 8, 2002, September 12, 2002, September 12, 2002, September 24, 2002, September 28, 2002, October 7, 2002, December 3, 2002, December 19, 2002, January 2003, January 9, 2003, February 5, 2003, February 17, 2003, March 16-19, 2003, March 23, 2003, May 21, 2003, May 29, 2003, and June 11, 2003), and uses the incident to warn his listeners about getting their news from the “liberal media.” (Jamieson and Cappella 2008, pp. 151)

Former ambassador Joseph Wilson, discussing his two trips to Niger in 1999 (see Fall 1999) and 2002 (see February 21, 2002-March 4, 2002) to investigate whether Iraq was attempting to obtain uranium from that nation, says that in 1999 he never discussed the subject of uranium purchases. Wilson, who met with former Nigerien Prime Minister Ibrahim Mayaki, says: “At that meeting, uranium was not discussed. It would be a tragedy to think that we went to war over a conversation in which uranium was not discussed because the Niger official was sufficiently sophisticated to think that perhaps he might have wanted to discuss uranium at some later date.” He will later tell Senate Intelligence Committee staffers that Mayaki was leery of discussing any trade issues at all because Iraq was under United Nations sanctions. (FactCheck (.org) 7/26/2004)

The CIA’s inspector general, John Helgerson, releases a highly classified report from his office that examines allegations of torture from the time period between September 2001 (after the 9/11 attacks, when the CIA first began detaining suspected terrorists and informants) and October 2003. In the report, Helgerson warns that some aggressive interrogation techniques approved for use by the CIA since early 2002 (see Mid-March 2002) might violate some provisions of the international Convention Against Torture (see October 21, 1994). The report doubts the Bush administration position that the techniques do not violate the treaty because the interrogations take place overseas on non-US citizens. It will be released, in heavily redacted form, to the public in August 2009 (see August 24, 2009). From what becomes known of the report’s contents, the CIA engaged in a number of illegal and ethically questionable tactics on the part of its interrogators. Some of these tactics include the use of handguns, power drills, threats, smoke, and mock executions. Many of the techniques used against detainees were carried out without authorization from higher officials. The report says that the CIA’s efforts to provide “systematic, clear, and timely guidance” to interrogators were “inadequate at first” and that that failure largely coincided with the most significant incidents involving the unauthorized coercion of detainees, but as guidelines from the Justice Department accumulated over several years, oversight “improved considerably.” The report does not conclude that the techniques reviewed constitute torture, but it does find that they appear to constitute cruel, inhuman, and degrading treatment under the Convention. (Central Intelligence Agency 5/7/2004 pdf file; Jehl 11/9/2005; Williams 8/24/2009; Finn, Warrick, and Tate 8/24/2009)
Physical Abuse - The report defines torture as an act “intended to inflict severe physical or mental pain and suffering.” It then begins detailing such acts. Incidents of physical abuse include:
bullet One incident caused the death of an Afghani detainee. According to the report: “An agency independent contractor who was a paramilitary officer is alleged to have severely beaten the detainee with a large metal flashlight and kicked him during interrogation sessions. The detainee died in custody.” (Central Intelligence Agency 5/7/2004 pdf file; Mazzetti and Shane 8/24/2009; Finn, Warrick, and Tate 8/24/2009; MSNBC 8/25/2009) In a 2009 statement, Helgerson will write: “In one extreme case, improvisation took a disastrous turn when an agency contractor in rural Afghanistan—acting wholly outside the approved program and with no authorization or training—took it upon himself to interrogate a detainee. This officer beat the detainee and caused his death. Following an investigation of the incident, this contract employee was convicted of assault and is now in prison.” (Central Intelligence Agency 5/7/2004 pdf file; Heron 8/24/2009)
bullet Waterboarding was routinely used, in a manner far exceeding previously issued guidelines. Interrogators “continuously applied large volumes of water,” and later explained that they needed to make the experience “more poignant and convincing.” The CIA interrogators’ waterboarding technique was far more aggressive than anything used in military survival training such as the SERE program (see December 2001). Eventually, the agency’s Office of Medical Services criticized the waterboarding technique, saying that the “frequency and intensity” with which it was used could not be certified as “efficacious or medically safe.” (Central Intelligence Agency 5/7/2004 pdf file; Mazzetti and Shane 8/24/2009; Finn, Warrick, and Tate 8/24/2009) The report refers in particular to the treatment of 9/11 mastermind Khalid Shaikh Mohammed (KSM), who was reportedly waterboarded more than once (see Shortly After February 29 or March 1, 2003). Waterboarding is considered torture and is illegal in the US. The report also raises concern that the use of these techniques could eventually cause legal troubles for the CIA officers who used them. (Jehl 11/9/2005)
Helgerson will write: “We found that waterboarding had been utilized in a manner that was inconsistent with the understanding between CIA and the Department of Justice. The department had provided the agency a written legal opinion based on an agency assurance that although some techniques would be used more than once, repetition would ‘not be substantial.’ My view was that, whatever methodology was used to count applications of the waterboard, the very large number of applications to which some detainees were subjected led to the inescapable conclusion that the agency was abusing this technique.” (Central Intelligence Agency 5/7/2004 pdf file; Heron 8/24/2009)
bullet In July 2002, a CIA officer used a “pressure point” technique “with both of his hands on the detainee’s neck, the officer manipulated his finger to restrict the detainee’s carotid artery.” The carotid artery supplies the brain with oxygenated blood; such “manipulat[ion]” could lead to unconsciousness or even death. A second officer “reportedly watched his eyes to the point that the detainee would nod and start to pass out. Then the officer shook the detainee to wake him. This process was repeated for a total of three applications on the detainee.”
bullet A technique routinely used by CIA interrogators was the “hard takedown,” which involves an interrogator grabbing a detainee and slamming him to the floor before having the detainee moved to a sleep-deprivation cell. One detainee was hauled off his feet by his arms while they were bound behind his back with a belt, causing him severe pain.
bullet Another routinely used technique is “water dousing,” apparently a variant of waterboarding, in which a detainee is laid on a plastic sheet and subjected to having water sluiced over him for 10 to 15 minutes. The report says that at least one interrogator believed the technique to be useful, and sent a cable back to CIA headquarters requesting guidelines. A return cable explained that a detainee “must be placed on a towel or sheet, may not be placed naked on the bare cement floor, and the air temperature must exceed 65 degrees if the detainee will not be dried immediately.”
- - Detainee Abd al-Rahim al-Nashiri, suspected of plotting the 2000 bombing of the USS Cole (see October 12, 2000), was repeatedly “bathed” with hard-bristled scrub brushes in order to inflict pain. The brushes caused abrasions and bleeding. (Central Intelligence Agency 5/7/2004 pdf file; Mazzetti and Shane 8/24/2009; Finn, Warrick, and Tate 8/24/2009; MSNBC 8/25/2009)
Helgerson will write: “Agency officers who were authorized to detain and interrogate terrorists sometimes failed in their responsibilities. In a few cases, agency officers used unauthorized, threatening interrogation techniques. The primary, common problem was that management controls and operational procedures were not in place to avoid the serious problems that arose, jeopardizing agency employees and detainees alike.” (Central Intelligence Agency 5/7/2004 pdf file; Heron 8/24/2009)
Mental Abuse - Numerous instances of mental and emotional abuse were also documented.
bullet In 2002, interrogators staged a mock execution to intimidate a detainee. CIA officers began screaming outside the room where the detainee was being interrogated. When leaving the room, he “passed a guard who was dressed as a hooded detainee, lying motionless on the ground, and made to appear as if he had been shot to death.” The report says that after witnessing this performance, the detainee “sang like a bird.”
bullet Handguns and power drills were used to threaten detainees with severe bodily harm or death. One such instance involved al-Nashiri. An American, whose name is not released but who is identified as not being a trained interrogator and lacking authorization to use “enhanced methods,” used a gun and a power drill to frighten him. The American pointed the gun at al-Nashiri’s head and “racked” a round in the chamber. The American also held a power drill near al-Nashiri and revved it, while al-Nashiri stood naked and hooded. (Central Intelligence Agency 5/7/2004 pdf file; Mazzetti and Shane 8/24/2009; Williams 8/24/2009; MSNBC 8/25/2009)
In 2009, reporter David Ignatius will say he finds the “image of a CIA interrogator standing with a power drill next to somebody he’s interrogating… particularly horrific, because that’s a technique that’s been used in torturing people in Iraq.” (PBS 8/24/2009)
bullet A CIA interrogator told al-Nashiri that if he did not cooperate with his captors, “we could get your mother in here” and “we can bring your family in here.” The report says that the interrogator wanted al-Nashiri to infer for “psychological” reasons that his female relatives might be sexually abused. The interrogator has denied actually threatening to sexually abuse al-Nashiri’s mother or other relatives.
bullet An interrogator threatened the lives of one detainee’s children. According to the report, an “interrogator said to Khalid Shaikh Mohammed that if anything else happens in the United States, quote, ‘we’re going to kill your children.’” According to the report, the debriefer was trying to exploit a belief in the Middle East that interrogation techniques included sexually abusing female relatives in front of the detainees. It was during these same interrogation sessions that Mohammed was waterboarded 183 times in a single month (see April 16, 2009). (Central Intelligence Agency 5/7/2004 pdf file; Mazzetti and Shane 8/24/2009; Williams 8/24/2009; MSNBC 8/25/2009)
Fear of Recriminations - According to the report, there was concern throughout the agency over the potential legal consequences for agency officers. Officers “expressed unsolicited concern about the possibility of recrimination or legal action” and said “they feared that the agency would not stand behind them,” according to the report. (Central Intelligence Agency 5/7/2004 pdf file; Mazzetti and Shane 8/24/2009) According to the report, CIA personnel “are concerned that public revelation” of the program will “seriously damage” personal reputations as well as “the reputation and effectiveness of the agency itself.” One officer is quoted as saying he could imagine CIA agents ending up before the World Court on war crimes charges. “Ten years from now, we’re going to be sorry we’re doing this,” another officer said. But “it has to be done.” (Central Intelligence Agency 5/7/2004 pdf file; Finn, Warrick, and Tate 8/24/2009) Helgerson will write: “This review of the agency’s early detention and interrogation activities was undertaken in part because of expressions of concern by agency employees that the actions in which they were involved, or of which they were aware, would be determined by judicial authorities in the US or abroad to be illegal. Many expressed to me personally their feelings that what the agency was doing was fundamentally inconsistent with long established US government policy and with American values, and was based on strained legal reasoning. We reported these concerns.” (Central Intelligence Agency 5/7/2004 pdf file; Heron 8/24/2009)
Recommendations - The report lists 10 recommendations for changes in the treatment of detainees, but it will not be reported what these are. Eight of the recommendations are apparently later adopted. Former CIA assistant general counsel John Radsan will later comment, “The ambiguity in the law must cause nightmares for intelligence officers who are engaged in aggressive interrogations of al-Qaeda suspects and other terrorism suspects.” (Jehl 11/9/2005)
Approval, Contradictory Statements by Attorney General - The report says that Attorney General John Ashcroft approved all of these actions: “According to the CIA general counsel, the attorney general acknowledged he is fully aware of the repetitive use of the waterboard and that CIA is well within the scope of the DOJ opinion that the authority given to CIA by that opinion. The attorney general was informed the waterboard had been used 119 times on a single individual.” In 2009, reporter Michael Isikoff will say that the contents of the report “conflict… with the public statements that have been made over the years by Bush administration officials and CIA directors.” In 2007, then-CIA Director Michael Hayden will tell the Council on Foreign Relations that the agency’s detention and interrogation program was “very carefully controlled and lawfully conducted—has been carefully controlled and lawfully conducted.” Isikoff will say, “It’s kind of hard to square that with… what was in the CIA inspector general report that had been presented five years ago in 2004.” (Central Intelligence Agency 5/7/2004 pdf file; MSNBC 8/25/2009)
Questions of Effectiveness - The report does document that some interrogations obtained critical information to identify terrorists and stop potential plots, and finds that some imprisoned terrorists provided more information after being exposed to brutal treatment (see August 24, 2009). It finds that “there is no doubt” that the detention and interrogation program itself prevented further terrorist activity, provided information that led to the apprehension of other terrorists, warned authorities of future plots, and helped analysts complete an intelligence picture for senior policymakers and military leaders. But whether the harsh techniques were effective in this regard “is a more subjective process and not without some concern,” the report continues. It specifically addresses waterboarding as an illegal tactic that is not shown to have provided useful information. “This review identified concerns about the use of the waterboard, specifically whether the risks of its use were justified by the results, whether it has been unnecessarily used in some instances,” the report reads, and notes that in many instances, the frequency and volume of water poured over prisoners’ mouths and noses may have exceeded the Justice Department’s legal authorization. In the instance of detainee Abu Zubaida, the report finds, “It is not possible to say definitively that the waterboard is the reason for Abu [Zubaida]‘s increased production [of intelligence information], or if another factor, such as the length of detention, was the catalyst.” In 2009, Isikoff will note that the effectiveness of torture is not clarified by the report. “As you know, Vice President [Dick] Cheney and others who had defended this program have insisted time and again that valuable intelligence was gotten out of this program. You could read passages of this report and conclude that that is the case, that they did get—some passages say important intelligence was gotten. But then others are far more nuanced and measured, saying we don’t really know the full story, whether alternative techniques could have been used.” (Central Intelligence Agency 5/7/2004 pdf file; Mazzetti and Shane 8/24/2009; Williams 8/24/2009; Finn, Warrick, and Tate 8/24/2009; MSNBC 8/25/2009)
Cheney Blocked Report's Completion - Reporter Jane Mayer later learns that Cheney intervened to block Helgerson from completing his investigation. Mayer will write that as early as 2004, “the vice president’s office was fully aware that there were allegations of serious wrongdoing in the [interrogation] program.” Helgerson met repeatedly and privately with Cheney before, in Mayer’s words, the investigation was “stopped in its tracks.” She will call the meetings “highly unusual.” In October 2007, CIA Director Michael Hayden will order an investigation of Helgerson’s office, alleging that Helgerson was on “a crusade against those who have participated in controversial detention programs.” (Leopold 3/6/2009)

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

Author and former Nixon White House counsel John Dean reviews former ambassador Joseph Wilson’s new book, The Politics of Truth (see April 2004). Dean, who has long been a fierce critic of the Bush administration, uses the review to examine aspects of the controversy surrounding the White House’s disproven claim that Iraq attempted to buy uranium from Niger (see February 21, 2002-March 4, 2002 and July 6, 2003) and the outing of Wilson’s wife as a CIA agent through a White House leak (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, Before July 14, 2003, and July 14, 2003). Dean calls the book “riveting and all-engaging… provid[ing] context to yesterday’s headlines, and perhaps tomorrow’s, about the Iraq war and about our politics of personal destruction,” as well as detailed information about Wilson’s long diplomatic service in Africa and the Middle East, and what Dean calls “a behind-the-scenes blow-by-blow of the run-up to the 1991 Persian Gulf war.”
'Anti-Dumb-War' - Dean also admires Wilson’s opposition to the Iraq war, saying that “Wilson is not antiwar. Rather, he is ‘anti-dumb-war’” and noting that while Wilson is not himself particularly conservative (or liberal), he considers the neoconservatives who make up the driving force in President Bush’s war cabinet “right-wing nuts.”
'Vicious Hatchet Job' - Dean quickly moves into the White House-orchestrated attempt to besmirch Wilson’s credibility, calling it “the most vicious hatchet job inside the Beltway since my colleague in Richard Nixon’s White House, the dirty trickster Charles W. Colson, copped a plea for defaming Daniel Ellsberg and his lawyer (see June 1974).… It was an obvious effort to discredit Wilson’s [Niger] report, and, Wilson believes, a you-hurt-us-we-will-hurt-you warning to others.” While Wilson writes with passion and anger about the outing of his wife, he restrains himself from giving too many personal details about her, relying instead on material already revealed in press interviews and reports. Dean notes that Wilson believes his wife’s name was leaked to the press by any or all of the following White House officials: Lewis “Scooter” Libby, the chief of staff to Vice President Dick Cheney; Karl Rove, Bush’s chief political strategist; and Elliott Abrams, a national security adviser and former Iran-Contra figure (see October 7, 1991). Though Dean is correct in noting that Wilson comes to his conclusions “based largely on hearsay from the Washington rumor mill,” he will be proven accurate in two out of three of his assertions (see July 8, 2003, 11:00 a.m. July 11, 2003, June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Wilson continues to fight attacks from Bush supporters, but, Dean notes, if they actually read his book, “they should understand that they have picked a fight with the wrong fellow.” (Dean 5/12/2004)

Special counsel Patrick Fitzgerald informs Washington Post lawyer Eric Lieberman that he wants to interview Post reporters Walter Pincus and Glenn Kessler regarding the Plame Wilson identity leak. Additionally, he informs Newsday that he wants to interview reporters from that publication. Fitzgerald declines to specify what information he wants from the reporters. Both Pincus (see June 3, 2003, June 11, 2003, June 12, 2003, June 12, 2003, (July 11, 2003), and 1:26 p.m. July 12, 2003) and Kessler (see July 12, 2003) have some involvement in the White House’s attempt to discredit war critic Joseph Wilson, and in its outing of his wife, Valerie Plame Wilson, as a CIA official; so do Newsday reporters Knut Royce and Timothy Phelps (see February 2004). Some of the reporters will eventually cooperate, to a limited extent, with Fitzgerald’s investigation (see June 2004 and September 15, 2004). (Schmidt 5/15/2004; Schmidt 5/22/2004)

The 9/11 Commission’s staff team that is investigating the emergency response on 9/11 comes to the conclusion that New York City was, in author Philip Shenon’s words, “shockingly ill-prepared for the attacks.” It is clear to the investigators that former Mayor Rudy Giuliani was largely responsible for what went wrong.
Two Major Problems - One problem was that New York’s emergency command center, based on the 23rd floor of World Trade Center 7, was knocked out early in the attacks, leaving the emergency response without a focal point, and the police and fire departments set up separate command posts (see (9:05 a.m.) September 11, 2001, (9:50 a.m.-10:10 a.m.) September 11, 2001, and (After 10:28 a.m.-12:00 pm.) September 11, 2001). The command center, sometimes referred to as “Rudy’s bunker,” was criticized when it was built precisely because this problem was foreseen (see June 8, 1999). In addition, the radios used by firefighters in the World Trade Center failed to work on 9/11. The same problem was encountered during the response to the 1993 WTC bombing (see February 26, 1993), but the solution that was implemented—a repeater to boost the radios’ signal—did not work on the day of the attacks. This problem was especially grave, as many firefighters were instructed to flee the about-to-collapse towers, but did not hear the instruction due to the poor radio system and died as a result (see (Between 9:59 a.m. and 10:28 a.m.) September 11, 2001).
Tempering Criticism - However, the team, led by former New Jersey attorney general John Farmer, is aware that Giuliani’s image as a global hero after the attacks could complicate matters. Shenon will describe their thinking: “But would the Commission be willing to take on the most popular political figure in the country—the president-in-waiting, it seemed?… [Giuliani] was a hero, the embodiment of everything Americans wanted to believe about themselves about 9/11.” Therefore, “Farmer and his team always qualif[y] their criticism of the former mayor.” Nevertheless, the Commission’s two staff statements issued during the hearings about this topic in New York will be extremely critical of Giuliani. (Shenon 2008, pp. 347-350)

The grand jury investigating the leak of CIA agent Valerie Plame Wilson’s covert identity (see December 30, 2003) subpoenas Time reporter Matthew Cooper and NBC’s Tim Russert, host of “Meet the Press.” Time and NBC both say they will fight the subpoenas (see May 13-20, 2004, June 2004 and August 9, 2004). NBC says the subpoenas could have a “chilling effect” on its ability to report the news. NBC president Neal Shapiro says, “Sources will simply stop speaking with the press if they fear those conversations will become public.” Cooper’s lawyer, Floyd Abrams, says, “Rounding up the Washington press corps doesn’t seem the most likely way to find out about sources.” Time vice president Robin Bierstedt says that the magazine has a strict policy of protecting “its confidential sources.” First Amendment lawyer Devereux Chatillon comments, “Subpoenas to the press at all, much less for confidential sources, are extremely unusual, certainly from the federal government. Without protection for confidential sources, the press cannot report effectively on things like the Abu Ghraib scandal.” (Liptak and Kilborn 5/23/2003; Schmidt 5/22/2004; United States Court of Appeals for the District of Columbia Circuit 12/8/2004 pdf file; Supreme Court of the United States 5/2005; Washington Post 7/3/2007)

Former Defense Intelligence Agency analyst Patrick Lang writes that, in his opinion, a “small group of people who think they are the ‘bearers’ of a uniquely correct view of the world… sought to dominate the foreign policy of the United States in the Bush 43 administration, and succeeded in doing so through a practice of excluding all who disagreed with them. Those they could not drive from government they bullied and undermined until they, too, had drunk from the vat.” (Lang correlates the phrase “drunk from the vat” with the common metaphor of “drinking the Kool-Aid,” a particularly nasty turn of phrase sourced from the 1978 Jonestown massacre in Guyana. The phrase now means, Lang explains, “that the person in question has given up personal integrity and has succumbed to the prevailing group-think that typifies policymaking today.”) The result is the war in Iraq, Lang argues, with steadily rising body counts and no clear end in sight.
'Walking Dead' Waiting for Retirement - Lang notes that senior military officers have said that the war’s senior strategist, General Tommy Franks, “had drunk the Kool-Aid,” and many intelligence officers have told Lang that “they too drank the Kool-Aid and as a result consider themselves to be among the ‘walking dead,’ waiting only for retirement and praying for an early release that will allow them to go away and try to forget their dishonor and the damage they have done to the intelligence services and therefore to the republic.” Lang writes that the US intelligence community has been deeply corrupted, bent on serving “specific group goals, ends, and beliefs held to the point of religious faith” and no longer fulfilling its core mission of “describing reality. The policy staffs and politicals in the government have the task of creating a new reality, more to their taste.… Without objective facts, decisions are based on subjective drivel. Wars result from such drivel. We are in the midst of one at present.”
Shutting out Regional Experts - There is little place in Bush administration policy discussions for real experts on the Middle East, Lang writes: “The Pentagon civilian bureaucracy of the Bush administration, dominated by an inner circle of think-tankers, lawyers, and former Senate staffers, virtually hung out a sign, ‘Arabic Speakers Need Not Apply.’ They effectively purged the process of Americans who might have inadvertently developed sympathies for the people of the region. Instead of including such veterans in the planning process, the Bush team opted for amateurs brought in from outside the executive branch who tended to share the views of many of President Bush’s earliest foreign policy advisors and mentors. Because of this hiring bias, the American people got a Middle East planning process dominated by ‘insider’ discourse among longtime colleagues and old friends who ate, drank, talked, worked, and planned only with each other. Most of these people already shared attitudes and concepts of how the Middle East should be handled. Their continued association only reinforced their common beliefs.” The Bush administration does not countenance dissent or open exchange and discussion of opposing beliefs. The Bush policymakers behave, Lang writes, as if they have seized power in a ‘silent coup,’ treating outsiders as political enemies and refusing to hear anything except discussion of their own narrow, mutually shared beliefs.
Using INC Information - Beginning in January 2001, the Bush administration began relying heavily on dubious intelligence provided by Ahmed Chalabi and his Iraqi National Congress (INC—see January 30, 2001). The INC began receiving State Department funds in what some White House officials called the “Information Collection Program.” While the US intelligence community had little use for Chalabi, considering him an unreliable fabricator (see 1992-1996), he had close ties with many in the administration, particularly in the office of the vice president and in the senior civilian leadership of the Pentagon (see 1960s, 1985, and 1990-1991). Lang writes that while the INC excelled in providing Iraqi defectors with lurid, usually false tales, “what the program really did was to provide a steady stream of raw information useful in challenging the collective wisdom of the intelligence community where the ‘War with Iraq’ enthusiasts disagreed with the intelligence agencies.” The office of the vice president created what Lang calls “its own intelligence office, buried in the recesses of the Pentagon, to ‘stovepipe’ raw data to the White House, to make the case for war on the basis of the testimony of self-interested emigres and exiles” (see August 2002). From working as the DIA’s senior officer for the Middle East during the 1991 Gulf War and after, Lang knows from personal experience that many neoconservative White House officials believe, as does Vice President Cheney, that it was a mistake for the US to have refrained from occupying Baghdad and toppling Saddam Hussein in 1991 (see August 1992). Lang calls some of these officials “deeply embittered” and ready to rectify what they perceive as a grave error. (Lang 6/2004)

Former White House press secretary Ari Fleischer is interviewed by the FBI regarding the Plame Wilson identity leak. Fleischer has already spoken to FBI agents under a grant of immunity from special counsel Patrick Fitzgerald (see February 13, 2004). According to Fleischer’s 2007 testimony in the Lewis Libby perjury trial (see January 16-23, 2007), he denies leaking Valerie Plame Wilson’s CIA employment status to Washington Post reporter Walter Pincus. Fleischer, despite his immunity, is lying (see 1:26 p.m. July 12, 2003), though whether he lies to the FBI today or during his testimony before the court in 2007 is unclear. (Marcy Wheeler 1/29/2007)

President Bush is interviewed for over an hour as part of the ongoing investigation into the Valerie Plame Wilson identity leak (see December 30, 2003). Bush, who is not sworn in, is interviewed by a team of federal prosecutors led by special counsel Patrick Fitzgerald. His lawyer, James Sharp (whom Bush has nicknamed “Shooter”), is also present during questioning (see June 5, 2004). White House press secretary Scott McClellan refuses to divulge any details of what Bush says to his interviewers, only telling reporters: “The leaking of classified information is a very serious matter. The president directed the White House to cooperate fully with those in charge of the investigation. He was pleased to do his part to help the investigation move forward.” Fitzgerald has already interviewed Vice President Dick Cheney (see May 8, 2004), and has called several current and former White House officials to testify before a grand jury. He has also subpoenaed a number of records, including White House phone logs. McClellan confirms that the interview with Bush and Sharp lasted about 70 minutes; asked if the White House had set a time limit on the interview, he says it would be “wrong to characterize it that way.” Even though Bush does not testify under oath, federal law requires him to be truthful in his statements, and he could be charged with making false statements if prosecutors found he lied or was evasive. (Stevenson and Johnston 6/25/2004; McClellan 2008, pp. 228)
Directly Contradicting Cheney - The media will later learn that Bush says he personally directed Cheney to lead a White House effort to counter allegations made by Plame Wilson’s husband, Joseph Wilson, that the White House had manipulated intelligence to make the case for war with Iraq (see March 9, 2003 and After). Bush also admits that he directed Cheney to disclose classified information that would both defend his administration and discredit Wilson. His testimony directly contradicts Cheney’s. Bush says he did not know that Cheney had told his then-chief of staff, Lewis “Scooter” Libby, to covertly leak the classified information to the media instead of releasing it to the public in the usual, overt fashion.
Denies Instructing Subordinates to Leak Plame Wilson Info - He also denies telling anyone to reveal Plame Wilson’s CIA status, and says he does not know who in his administration made her CIA status public knowledge. Libby has testified that neither Bush nor Cheney directed him or any other White House official to leak Plame Wilson’s identity. According to one senior government official, Bush told Cheney to “Get it out,” or “Let’s get this out,” regarding information that administration officials believed would rebut Wilson’s allegations and would discredit him. Another source with direct knowledge of the interview will later say that characterization is consistent with what Bush tells Fitzgerald. Libby told the grand jury that Cheney had told him to “get all the facts out” to defend the administration and besmirch Wilson. (Waas 7/3/2006)

Pat Roberts during a July 9, 2004 interview on PBS.Pat Roberts during a July 9, 2004 interview on PBS. [Source: PBS]The Senate Intelligence Committee releases the 511-page Senate Report on Iraqi WMD intelligence, formally titled the “Report of the Select Committee on Intelligence on the US Intelligence Community’s Prewar Intelligence Assessments on Iraq.” (US Congress 7/7/2004; CNN 7/9/2004) All nine Republicans and eight Democrats signed off on the report without dissent, which, as reporter Murray Waas will write, is “a rarity for any such report in Washington, especially during an election year.” (Waas 10/27/2005)
Report Redacted by White House - About 20 percent of the report was redacted by the White House before its release, over the objections of both Republicans and Democrats on the committee. Some of the redactions include caveats and warnings about the reliability of key CIA informants, one code-named “Red River” and another code-named “Curveball” (see Mid- and Late 2001). The source called “Red River” failed polygraph tests given to him by CIA officers to assess his reliability, but portions of the report detailing these and other caveats were redacted at the behest of Bush administration officials. (Jehl 7/12/2004; Rosenthal 7/18/2004)
Widespread Failures of US Intelligence - The report identifies multiple, widespread failures by the US intelligence community in its gathering and analysis of intelligence about Iraq WMD, which led to gross misunderstandings and misrepresentations about Iraq’s WMD programs to the American public by government officials. Committee chairman Pat Roberts (R-KS), who has previously attempted to shift blame for the intelligence misrepresentations away from the Bush administration and onto the CIA (see July 11, 2003 and After), says that intelligence used to support the invasion of Iraq was based on assessments that were “unreasonable and largely unsupported by the available intelligence.” He continues: “Before the war, the US intelligence community told the president as well as the Congress and the public that Saddam Hussein had stockpiles of chemical and biological weapons and if left unchecked would probably have a nuclear weapon during this decade. Today we know these assessments were wrong.” Senator John D. Rockefeller (D-WV), the ranking Democrat on the 18-member panel that created the report, says “bad information” was used to bolster the case for war. “We in Congress would not have authorized that war with 75 votes if we knew what we know now,” he says (see October 10, 2002). “Leading up to September 11, our government didn’t connect the dots. In Iraq, we are even more culpable because the dots themselves never existed.” Numerous assertions in an October 2002 National Intelligence Estimate (NIE—see October 1, 2002) were “overstated” or “not supported by the raw intelligence reporting,” including:
bullet Claims that Iraq was rebuilding its nuclear weapons program;
bullet Claims that Iraq had large stockpiles of chemical and biological weapons;
bullet Claims that Iraq was developing an unmanned aerial vehicle that could be used to deliver chemical and/or biological weapons payloads onto distant targets;
bullet The so-called “layering effect,” where “assessments were based on previous judgments, without considering the uncertainties of those judgments” (Roberts calls it an “assumption train”);
bullet The failure to explain adequately the uncertainties in the October 2002 NIE to White House officials and Congressional lawmakers;
bullet Reliance on claims by “Curveball,” noting that the use of those claims “demonstrated serious lapses in handling such an important source”;
bullet Use of “overstated, misleading, or incorrect” information in helping then-Secretary of State Colin Powell present the administration’s case to the United Nations in February 2003 (see February 5, 2003); and
bullet The failure of the CIA to share significant intelligence with other agencies. (CNN 7/9/2004; Jones 7/9/2004; New York Times 7/9/2004)
“One fact is now clear,” Roberts says. “Before the war, the US intelligence community told the president as well as the Congress and the public that Saddam Hussein had stockpiles of chemical and biological weapons, and if left unchecked, would probably have a nuclear weapon during this decade. Well, today we know these assessments were wrong.” (Jones 7/9/2004; New York Times 7/9/2004) Rockefeller says the intelligence community failed to “accurately or adequately explain the uncertainties behind the judgments in the October 2002 National Intelligence Estimate to policymakers.” The community’s “intelligence failures” will haunt America’s national security “for generations to come,” he says. “Our credibility is diminished. Our standing in the world has never been lower,” he says. “We have fostered a deep hatred of Americans in the Muslim world, and that will grow. As a direct consequence, our nation is more vulnerable today than ever before.” (CNN 7/9/2004; New York Times 7/9/2004)
'Group Think' and 'Corporate Culture' - Roberts says the report finds that the “flawed” information used to send the nation to war was the result of “what we call a collective group think, which led analysts and collectors and managers to presume that Iraq had active and growing WMD programs.” He says this “group think caused the community to interpret ambiguous evidence, such as the procurement of dual-use technology, as conclusive evidence of the existence of WMD programs.” Roberts blames “group think” and a “broken corporate culture and poor management,” which “cannot be solved by simply adding funding and also personnel.” (CNN 7/9/2004; New York Times 7/9/2004)
Lack of Human Intelligence in Iraq - Perhaps the most troubling finding, Roberts says, is the intelligence community’s near-total lack of human intelligence in Iraq. “Most alarmingly, after 1998 and the exit of the UN inspectors, the CIA had no human intelligence sources inside Iraq who were collecting against the WMD target,” he says. (CNN 7/9/2004; New York Times 7/9/2004)
No Connection between Iraq, al-Qaeda - Rockefeller says that the administration’s claims of an alliance between Iraq’s Saddam Hussein and al-Qaeda had no basis in fact: “[N]o evidence existed of Iraq’s complicity or assistance in al-Qaeda’s terrorist attacks, including 9/11.” The report says that intelligence claims of connections between Iraq and some terrorist activities were accurate, though the contacts between al-Qaeda and Iraq from the 1990s “did not add up to an established formal relationship.” (CNN 7/9/2004; New York Times 7/9/2004)
Divided Opinion on Pressure from Bush Administration - Republicans and Democrats on the committee differ as to whether they believe the CIA and other intelligence agencies groomed or distorted their findings as a result of political pressure from the White House. “The committee found no evidence that the intelligence community’s mischaracterization or exaggeration of intelligence on Iraq’s weapons of mass destruction capabilities was the result of politics or pressure,” Roberts says. However, Rockefeller notes that the report fails to explain fully the pressures on the intelligence community “when the most senior officials in the Bush administration had already forcefully and repeatedly stated their conclusions publicly. It was clear to all of us in this room who were watching that—and to many others—that they had made up their mind that they were going to go to war.” The analysts were subjected to a “cascade of ominous statements,” Rockefeller says, that may have pushed them to slant their analyses in the direction the White House indicated it wanted. The report finds that Vice President Dick Cheney and others who repeatedly visited intelligence agencies (see 2002-Early 2003) pressured intelligence analysts or officials to present particular findings or change their views. However, the report notes repeated instances of analysts exaggerating what they knew, and leaving out, glossing over, or omitting dissenting views. According to the report, the intelligence community released a misleading public version of the October 2002 NIE (see October 4, 2002) that eliminated caveats and dissenting opinions, thus misrepresenting “their judgments to the public which did not have access to the classified National Intelligence Estimate containing the more carefully worded assessments.” (CNN 7/9/2004; New York Times 7/9/2004; Jones 7/9/2004) In an interview the evening after the report’s release, Rockefeller is asked if the report documents “a failure of a system or is this a failure of a bunch of individuals who just did their jobs poorly?” Rockefeller responds: “This is a failure of a system.… It is not fair to simply dump all of this on the Central Intelligence Agency. The Central Intelligence Agency does not make the decision, and [former Director] George Tenet does not make the decision to go to war. That decision is made at the other end of Pennsylvania Avenue.… So we went to war under false pretenses, and I think that is a very serious subject for Americans to think about for our future.” Asked “if the president had known then what he knows now, he would have still taken us to war?” Rockefeller answers: “I can’t answer that question. I just ask—the question I ask is, why isn’t he, and maybe he is, why isn’t he as angry about his decision, so to speak his vote on this, as I am about mine?” (Lehrer 7/9/2004)
Supporting the Claim of Iraq's Attempt to Purchase Nigerien Uranium - The report states flatly that senior CIA case officer Valerie Plame Wilson made the decision to send her husband, former ambassador Joseph Wilson, to Niger to investigate false claims that Iraq had attempted to purchase uranium from that nation (see February 21, 2002-March 4, 2002). The CIA has demonstrated that Plame Wilson did not make that decision (see February 19, 2002). However, as well as claiming that Plame Wilson sent Wilson to Niger, it claims that Wilson’s report, far from disproving the assertion of an attempt by Iraq to purchase uranium, actually bolstered that assertion. The report states that the question of Iraq’s attempt to buy Nigerien uranium remains “open.” It also says Wilson lied to the Washington Post in June 2004 by claiming that the documents used to support the claim were 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). “Committee staff asked how the former ambassador could have come to the conclusion that the ‘dates were wrong and the names were wrong’ when he had never seen the CIA reports and had no knowledge of what names and dates were in the reports,” the report states. Wilson told committee members he may have been confused and may have “misspoken” to some reporters (see May 2, 2004). The committee did not examine the documents themselves. (Schmidt 7/10/2009) The committee made similar claims a year before (see June 11, 2003 and July 11, 2003 and After). Progressive reporter and columnist Joshua Micah Marshall disputes the report’s claim that Wilson’s trip to Niger actually helped prove the assertion that Iraq tried to buy Nigerien uranium. The intelligence reports making the assertion are “fruits of the same poison tree” that produced so many other false and misleading claims, Marshall writes, and were based on the assumption that the forged documents were genuine. (Joshua Micah Marshall 7/10/2004) In 2007, Plame Wilson will write, “What was missing from the [committee] report was just as telling as the distortions it contained. The ‘Additional Views’ section… had concluded” that she was responsible for sending Wilson to Niger. Yet that was contradicted by a senior CIA official over a year before. Plame Wilson will call the “Additional Views” section “a political smear if there ever was one,” crammed with “distortions and outright lies. Yet it continues to be cited today by Joe’s critics as proof of his lack of credibility.” The Wilsons learn months later that committee Democrats decided not to fight against the attacks on Wilson’s integrity; according to one of the senior Democratic senators on the panel, there was simply too much “incoming” from the Republicans for them to fight every issue. There were “far too many serious substantial disputes” that needed solving, and the Democrats chose to allow the attacks on Wilson to proceed without comment. (Wilson 2007, pp. 187-190)
Portion of the Report Delayed - Roberts and other Republican majority committee members were successful in blocking Democrats’ attempts to complete the second portion of the report, which delineates the Bush administration’s use of the intelligence findings. That report will not be released until after the November 2004 presidential election. Rockefeller says he feels “genuine frustration… that virtually everything that has to do with the administration” has been “relegated to phase two” and will be discussed at another time. The second part of the committee’s investigation will focus on the “interaction or the pressure or the shaping of intelligence” by the Bush administration, Rockefeller says. “It was clear to all of us that the Bush administration had made up its mind to go to war,” he says, and he believes that such a “predetermination” influenced the intelligence community. Representative Jane Harman (D-CA), the ranking member of the House Intelligence Committee, says she hopes a similar House investigation would address some of those issues. However, she notes, she has been stymied by House Republicans in even launching that investigation. “There has not been the cooperation that there apparently has been on the Senate side,” she says. She has just now managed to wangle a meeting with House Intelligence Committee chairman Porter Goss (R-FL), who is being touted as the next director of the CIA (see September 24, 2004). Harman says, “I would hope we could address [the issues] factually and on a bipartisan basis, but at the moment I don’t have a lot of confidence in it.” (CNN 7/9/2004; Jones 7/9/2004) Roberts’s spokeswoman Sarah Little later says that the committee has not yet decided whether the second portion of the report will be fully classified, declassified, or even if it will hold hearings. (Waas 10/27/2005)
Cheney, Roberts Colluded in Interfering with Report - Over a year later, the media will find that Roberts allowed Cheney and members of his staff to interfere with the committee’s investigation and dramatically limit its scope (see October 27, 2005). Rockefeller will say that he made three separate requests for White House documents during the committee’s investigation, but never received the documents he asked for. “The fact is,” Rockefeller will say, “that throughout the Iraq investigation any line of questioning that brought us too close to the White House was thwarted.” Rockefeller’s spokesperson, Wendy Morigi, will say that Rockefeller will “sadly come to the conclusion that the Intelligence Committee is not capable of doing the job of investigating the fundamental question as to whether the administration has misused intelligence to go to war.” (Waas and Singer 10/30/2005) Plame Wilson will write: “In the coming months, many reliable sources told us that before the report was issued, there was considerable collusion between the vice president’s office and… Roberts on how to craft the report and its content. So much for checks and balances and the separation of powers.” (Wilson 2007, pp. 192)

Author Clifford May, a former Republican National Committee staffer and a well-known television pundit, lambasts former ambassador Joseph Wilson’s new book, The Politics of Truth (see April 2004). May, who has written derisively about Wilson before (see September 29, 2003), opens by accusing Wilson of publishing a “quickie book sporting his dapper self on the cover” that contains little substance and is based largely on “a wet-kiss profile in Vanity Fair.” He derides Wilson’s lengthy experience as a diplomat (see July 31, 1990, August 1-2, 1990, August 6, 1990, August 8-9, 1990, September 20, 1990, and January 12, 1991) by calling him “the guy who makes sure the embassy plumbing is working and that the commissary is stocked with Oreos and other products the ambassador prefers.” Most notably, May comes to the conclusion that Wilson himself, and not the White House, outed his wife Valerie Plame Wilson as a CIA agent, a conclusion he says was reached by a “bipartisan Senate committee report.” May is referring to the recent report by the Senate Intelligence Committee (see July 9, 2004). He repeats many of the committee’s erroneous assertions, including the allegation that Wilson’s wife was responsible for the decision to send Wilson to Niger (see February 19, 2002, July 22, 2003, and October 17, 2003). In regards to President Bush’s State of the Union assertion that Iraq had attempted to buy uranium from Niger (see Mid-January 2003 and 9:01 pm January 28, 2003), May writes, “We now know for certain that Wilson was wrong and that Bush’s statement was entirely accurate.” He goes on to assert that the forged documents used to support the Iraq-Niger uranium story were likely “planted in order to be discovered—as a ruse to discredit the story of a Niger-Iraq link, to persuade people there were no grounds for the charge. If that was the plan, it worked like a charm.” May even says that Wilson’s report bolstered the belief that the uranium story might be true. He repeats his earlier charges that Wilson is an incompetent partisan whom the CIA had no business sending to Niger in the first place. He never explains exactly how Wilson outed his own wife as a CIA agent, though he does assert, wrongly, that Plame Wilson was never an undercover agent (see Fall 1992 - 1996) and therefore no one broke the law in revealing her status as a CIA official. (May 7/12/2004) In 2004, Wilson will write of May’s assertion that his wife’s CIA status “was supposedly widely known” throughout Washington, “[I]f what May wrote was accurate, it is a damning admission, because it could have been widely known only by virtue of leaks among his own crowd.” (Wilson 2004, pp. 443-444)

While reviewing reports from Iraq, senior CIA case officer and WMD expert Valerie Plame Wilson admits a fellow CIA officer into her office. In 2007, Plame Wilson will recall: “His round face was flushed and his eyes, behind glasses, looked close to tears. I had worked with him for the last two years, through many stressful days, and I had never seen him so emotional or distressed.” After she closes the door, he says tightly, “They twisted my testimony.” Plame Wilson is not sure what he is talking about. ”I recommended Joe for the trip, don’t you remember?” he continues. “I told the committee this, but they didn’t include it in the report.” Plame Wilson realizes that the officer is talking about the recently released report from the intelligence committee on the prewar intelligence used to justify the Iraq invasion (see July 9, 2004), and referring to her husband, Joseph Wilson. She will write: “So when… the reports officer came to my office a day after the [committee] report came out, he confirmed what I had felt to be true—that I had not suggested Joe at all—but was afraid to voice without knowing for sure. He also reminded me of how the phone call to [another CIA officer] had started this chain of events (see February 13, 2002). A wave of apprehension swept over me. I wanted to urge my colleague to come forward again with the truth, but I couldn’t tell him what to do—it would be witness tampering.” (Wilson 2007, pp. 192-193)

Conservative columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column a year earlier (see July 14, 2003), regarding the recently released Senate Intelligence Committee report on the administration’s use of intelligence to justify the invasion of Iraq (see July 9, 2004), observes that its “most remarkable aspect… is what its Democratic members did not say.” Novak claims that committee Democrats do not dispute that Iraq tried to discuss purchasing yellowcake uranium from Niger. They did not agree to the report’s conclusion that Plame Wilson suggested her husband, Joseph Wilson, for a fact-finding mission to Niger, a conclusion that is false (see February 19, 2002, July 22, 2003, October 17, 2003, and Mid-July, 2004), but neither did they defend Wilson’s denials of his wife’s involvement. Novak writes: “According to committee sources, Roberts felt Wilson had been such a ‘cause celebre’ for Democrats that they could not face the facts about him.… Now, for Intelligence Committee Democrats, it is as though the Niger question and Joe Wilson have vanished from the earth.” (Novak 7/15/2004)

Secretary of State Colin Powell testifies before the grand jury investigating the Plame Wilson identity leak. State Department spokesman Richard Boucher will confirm Powell’s testimony in early August after Newsweek reports on it. No details are made public about Powell’s testimony; Boucher will merely say that Powell was “pleased to cooperate with the grand jury,” and that Powell is not personally the subject of its inquiry. Newsweek will report that the jury is interested in Powell’s July 2003 trip to Africa with President Bush, and his possession of a State Department memo discussing the Iraq-Niger uranium claim and Valerie Plame Wilson’s CIA status (see June 10, 2003 and July 7, 2003). Boucher will say, “As grand jury matters are secret, any further questions must be referred to the Department of Justice.” (Washington Post 8/4/2004)

The Wall Street Journal publishes an op-ed declaring that since the Senate Intelligence Committee has “exposed” former ambassor Joseph Wilson’s “falsehoods” about his trip to Niger to explore the allegations that Iraq tried to purchase uranium from Niger (see July 9, 2004), it is time for Special Prosecutor Patrick Fitzgerald to “close up shop” and stop his investigation into who outed Wilson’s wife, CIA agent Valerie Plame Wilson. The Journal declares that if “an administration official cited nepotism truthfully in order to explain the oddity of Mr. Wilson’s selection for the Niger mission, then there was no underlying crime” in outing Plame Wilson. “[T]he entire leak probe now looks like a familiar Beltway case of criminalizing political differences. Special Prosecutor Patrick Fitzgerald should fold up his tent.” The Journal also repeats the baseless conclusion of the Republican authors of the committee report that stated Wilson’s findings in Niger actually provided “some confirmation” of the Iraq-Niger deal. (Wall Street Journal 7/20/2004) In 2007, Plame Wilson will write that she is in her CIA office when she reads the op-ed. She recalls realizing that the entire thrust of the attempt to smear her husband is “to derail the leak investigation, which was sniffing dangerously close to the White House. Now I understood the ferocity of the attacks on Joe.” (Wilson 2007, pp. 192)

White House political strategist Karl Rove denies leaking CIA official Valerie Plame Wilson’s name to the press. Rove is lying (see July 8, 2003, July 8 or 9, 2003, 11:00 a.m. July 11, 2003), though his words are carefully chosen to be technically accurate. At the Republican convention nominating George W. Bush as the party’s presidential candidate, Rove tells a CNN reporter: “I didn’t know her name and didn’t leak her name. This is at the Justice Department. I’m confident that the US Attorney, the prosecutor who’s involved in looking at this is going to do a very thorough job of doing a very substantial and conclusive investigation.” Rove is correct in saying he did not tell reporters Plame Wilson’s name, but he identified her as the wife of former ambassador Joseph Wilson, making it easy for reporters to find her name for themselves. (CNN 7/5/2005; Raw Story 7/7/2005)

A lawsuit, Doe v. Rumsfeld, is filed on behalf of an Army recruit who is being forcibly redeployed to Iraq after nine years of active duty under the Army’s “stop-loss” program (see November 2002). The plaintiff, a reservist in the California National Guard who uses the pseudonym “John Doe” in the lawsuit, claims that since he signed up for only one year of duty, the stop-loss deployment could force him “to return to Iraq for up to two years, and possible continued military service beyond that time.” (Moyers 9/17/2004) Doe is a married father of two and an eight-year Army veteran who served in combat during the 1991 Gulf War (see January 16, 1991 and After). Doe enlisted in the National Guard in May 2003 under the so-called “Try One” program, which allows active-duty veterans to sign up for a year before deciding to make a longer commitment. Doe renewed in February 2004, making his new expiration date May 2, 2005. In July 2004, Doe’s unit was deployed for a 545-day tour of duty, which extended Doe’s time in service by about a year. He says he was told that if he did not re-enlist voluntarily for the extra time, he would be retained under the Army’s stop-loss policy. (Richman 1/14/2006) In January 2006, Doe will lose the case on appeal (see January 14, 2006).

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

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

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

Former ambassador Joseph Wilson, under fire for his 2002 findings that there was no truth to the reports that Iraq had tried 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), speaks at several events arranged by his literary agent in Martha’s Vineyard, Massachusetts. He and his wife are disappointed that many invitees decline to come based on the recent smear campaign against him—his wife, Valerie Plame Wilson, will write in 2007, “[I]t suddenly struck me that we had officially become pariahs”—but some do attend Wilson’s short, impassioned presentations. At a book signing at a local library, Wilson asks the attendees if anyone knows who put the infamous “sixteen words” into President Bush’s State of the Union address (see Mid-January 2003 and 9:01 pm January 28, 2003). No one raises a hand. He then asks if anyone does not know the name of his wife. Again, no hands. Wilson asks: “What’s wrong with this picture? Nobody knows who put a lie in the president’s mouth, yet everybody knows the name of a covert CIA officer simply because she is married to a man who had the temerity to challenge the administration.” (Wilson 2007, pp. 196-199)

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

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

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

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

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

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

Brent Scowcroft, the foreign policy adviser who has increasingly become a figure of ridicule inside the administration (see March 8, 2003), is dismissed from the President’s Foreign Intelligence Advisory Board. Though Scowcroft is one of the most respected policy experts in Washington, and one of George H. W. Bush’s closest friends and colleagues, President Bush does not do him the courtesy of speaking to him personally about his dismissal. (Unger 2007, pp. 326)

Knight Ridder Newspapers reports on a leaked CIA assessment that undercuts the White House claim of links between al-Qaeda and Saddam Hussein. The assessment, requested some months ago by Vice President Cheney, finds no evidence to show that Saddam’s regime ever harbored Abu Musab al-Zarqawi, an independent colleague of Osama bin Laden (see April 2002), and finds no evidence of any “collaborative relationship” between the former Iraqi regime and al-Qaeda (see October 2, 2002). In February 2003, Secretary of State Colin Powell told the United Nations Security Council that al-Zarqawi went to Baghdad for medical treatment and, while there, helped establish a terrorist base in Baghdad (see February 5, 2003). The assessment now shows that claim was incorrect. So was the administration’s claim that al-Zarqawi received safe haven from Hussein. Defense Secretary Donald Rumsfeld, who in September 2002 called the evidence of links between Hussein and al-Qaeda “bulletproof” (see September 26, 2002), now says, “To my knowledge, I have not seen any strong, hard evidence that links the two.” Rumsfeld continues, “I just read an intelligence report recently about one person [al-Zarqawi] who’s connected to al-Qaeda who was in and out of Iraq and there’s the most tortured description of why he might have had a relationship and why he might not have had a relationship.” In June 2003, President Bush called al-Zarqawi “the best evidence of connection” between Iraq and al-Qaeda; after the assessments are leaked, Bush insists that al-Zarqawi “was in and out of Baghdad,” apparently continuing to press the idea that Saddam and al-Qaeda were connected. Al-Zarqawi did spend a lot of time in Iraq, but almost always in the northern sections of Iraq where Saddam’s control did not reach. (Strobel, Landay, and Walcott 10/4/2004) The day after the Knight Ridder report, Vice President Cheney will say during a debate with vice-presidential opponent John Edwards (D-NC) that al-Zarqawi was based in Baghdad both before and after the March 2003 invasion, a claim that is demonstrably false (see October 5, 2004).

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

British Prime Minister Tony Blair formally admits that he was wrong to have claimed that Saddam Hussein could deploy weapons of mass destruction within 45 minutes of giving the order (see September 24, 2002 and September 24, 2002). Blair’s Foreign Secretary, Jack Straw, reveals that MI6, the British intelligence agency, has formally withdrawn the claim, as well as other intelligence concerning Iraq’s ability to produce biological weapons. The claim has been heavily refuted for well over a year (see Late May 2003 and August 16, 2003). Straw refuses to say that it was a mistake to overthrow the Saddam government, saying instead that “deciding to give Saddam Hussein the benefit of the doubt would have required a huge leap of faith.… I do not accept, even with hindsight, that we were wrong to act as we did.” He notes that other governments, most notably the US government, were also convinced that Saddam had an array of WMD which could have been quickly deployed against targets in the region. Conservative MP Gary Streeter says the Blair administration owes the nation a “full apology”: “Not an apology for the intelligence but an apology for the way that the intelligence was conveyed by the government to the country.” (Fray 10/14/2004) Liberal Democrat Party leader Charles Kennedy accuses Blair of “avoiding answering” questions about the absence of Iraqi WMD. Liberal Democrat deputy leader Menzies Campbell says: “The withdrawal of the 45-minute claim drives a horse and cart through government credibility.… The building blocks of the government’s case for military action are crumbling before our eyes.” (Woolf 10/13/2004)

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

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

Columnist and media observer Allan Wolper notes that while conservative columnist Robert Novak, who outed CIA agent Valerie Plame Wilson apparently at the behest of the White House (see July 14, 2003), continues to “spout… off in his syndicated column, he keeps a secret he would not permit any politician to get away with.” Wolper is writing of Novak’s continued refusal to divulge whether he was subpoenaed by the grand jury investigating the case, or if he testified before that grand jury. Wolper calls it an “untenable ethical position,” and bolsters his position with observations from media ethicists such as Robert Steele, the director of ethics for the Poynter Institute of Media Studies. “If he has a justifiable reason to withhold that information, he should give a reason why,” Steele says. “Otherwise, he is undermining his credibility as an honest broker of ethical journalism. If he were on the other side, he would challenge journalists for not saying anything.” Novak is defended by, among others, Washington Post reporter and assistant managing editor Bob Woodward, who says: “Bob Novak has taken a stand that is supported by many in the press. He is protecting his sources. He has done nothing that is illegal or improper.” (Wolper is unaware as of this writing that Woodward has his own secondary involvement in the case, having been himself told of Plame Wilson’s identity several times before (see June 13, 2003, June 23, 2003, and June 27, 2003).) Wolper notes that while Novak has refused to speak about subpoenas or testimonies, Post reporters Glenn Kessler and Walter Pincus have both given sworn depositions to the grand jury (see June 22, 2004 and September 15, 2004). Wolper writes, “They might have been able to fight off their subpoenas if their lawyers had known whether Novak… had been called by the grand jury.” Aside from Kessler and Pincus, Time reporter Matthew Cooper (see July 17, 2003) testified after being threatened with jail (see May 21, 2004, August 24, 2004, July 6, 2005, and July 13, 2005), and New York Times reporter Judith Miller is facing jail rather than testify (see December 2004). “Novak has an obligation to own up,” Wolper writes. Instead, “Novak continues to live a charmed life in journalism, writing his column and appearing regularly on CNN, where he is never challenged.” CNN media critic Jeff Greenfield says of Novak’s case, “I haven’t thought it through. I don’t want to talk about it, because I have no opinion on it.” Jack Nelson, the retired bureau chief of the Los Angeles Times, says: “This whole thing is really strange. Novak was the guy who wrote the column that exposed the CIA agent, and yet they don’t seem to be going after him.” (Wolper 12/1/2004)

James Guckert, a.k.a. ‘Jeff Gannon,’ being interviewed at the National Press Club in 2007.James Guckert, a.k.a. ‘Jeff Gannon,’ being interviewed at the National Press Club in 2007. [Source: Crooks and Liars (.com)]A reporter calling himself Jeff Gannon asks a question of President Bush during a White House press conference: “Senate Democratic leaders have painted a very bleak picture of the US economy,” Gannon says. “[Minority Leader] Harry Reid was talking about soup lines, and Hillary Clinton was talking about the economy being on the verge of collapse. Yet, in the same breath, they say that Social Security is rock solid and there’s no crisis there. How are you going to work—you said you’re going to reach out to these people—how are you going to work with people who seem to have divorced themselves from reality?” (Reid never mentioned soup lines; that reference comes from a satire of Reid by conservative radio host Rush Limbaugh.) In earlier conferences, Gannon attempted to link Democratic presidential candidate John Kerry to actress Jane Fonda, a favorite target of the right, and questioned why anyone would dispute Bush’s National Guard service record. (Savage and Wirzbicki 2/2/2005; Unger 2007, pp. 332-333)
Works for Fake News Site - The Internet media watchdog site Media Matters, intrigued by Gannon’s highly partisan questions, soon learns that he works for an obscure news Web site called Talon News, itself a front for the extremist Internet organization GOPUSA (see January 28, 2005). New York Times media critic Frank Rich will call Talon News a fake news site staffed by Republican activists and filled with regurgitated press releases from the White House and the Republican National Committee. Rich will go on to note that Talon News is owned by a Texas delegate to the 2000 Republican presidential convention, and took part in an effort to falsely smear Kerry with allegations of infidelity. The Boston Globe soon reports of Gannon, “The Bush administration has provided White House media credentials to a man who has virtually no journalistic background, asks softball questions to the president and his spokesman in the midst of contentious news conferences, and routinely reprints long passages verbatim from official press releases as original news articles on his Web site.” (Gannon will call his practice of passing off quotes from the White House as objective news reports “the ultimate in journalistic honesty.”) Examination of press conference transcripts shows that White House press secretary Scott McClellan often calls on Gannon when other reporters begin asking difficult questions; Gannon is a reliable source of “softball” questions that allow McClellan to get back on track and resume issuing White House talking points.
Reporter Actually Male Prostitute - After Gannon becomes a figure of interest to media observers and Internet bloggers, they soon learn that he is really James Guckert, a male prostitute who posts nude pictures of himself on gay escort sites such as “hotmilitarystud.com” and numerous others, and charges $200 an hour (or $1,200 a weekend) for his services. (Savage and Wirzbicki 2/2/2005; Boehlert 2/15/2005; Rich 2006, pp. 172-173; Unger 2007, pp. 332-333) Though McClellan will deny that the White House press staff knew anything of Gannon/Guckert’s false identity until just before the story broke in early February 2005, former Reagan official Bruce Bartlett will say that “if Gannon was using an alias, the White House staff had to be involved in maintaining his cover.” Further investigation will show that Gannon/Guckert has been posing as a reporter for two years. (Rich 2006, pp. 172-173)
Regular Visits to White House on Days with No Briefings - According to White House logs, Gannon/Guckert has regularly visited the White House on days when no press conferences are being held, and on at least 12 occasions was checked in but not checked out. Gannon/Guckert’s visits raise speculation that he might have visited the White House for licentious purposes, though he will deny ever spending the night there for any reason. The Gannon/Guckert story highlights the existence of the so-called “Lavender Bund,” the cadre of closeted Republican gays who help the religious right and the GOP advance their openly anti-gay agendas. (Byrne 4/24/2005; Leupp 5/21/2005)
Accusations of Plagiarism - Gannon/Guckert will also be accused of plagiarizing other journalists’ work, further calling into question his journalistic credentials. (Byrne 3/31/2005)

Talon News logo.Talon News logo. [Source: Talon News / AmericaBlog (.com)]Media Matters, the left-leaning media watchdog organization, questions White House reporter Jeff Gannon’s credentials as well as the legitimacy of the Internet news organization he works for, Talon News. Media Matters is as yet unaware that Gannon’s true name is James Guckert, and that he has no journalistic experience and his livelihood is apparently made by moonlighting as a gay prostitute (see January 26, 2005). The organization shows that several Gannon/Guckert pieces for Talon News are little more than what it calls “reprints of Republican and Bush administration releases,” and demonstrates that Gannon is a frequent “lifesaver” for White House press secretary Scott McClellan, who regularly calls on Gannon/Guckert when he needs a safe question to allow him to get back on track. Media Matters has found out more about Talon News itself; it reports that the information unearthed “casts additional doubt on Talon’s claim to be a media outlet and raises questions about whether Gannon/Guckert should be a credentialed member of the White House press corps.” Talon News is owned by Bobby Eberle, a Texas Republican Party operative who also owns the conservative Internet organization “GOPUSA,” which proclaims itself to be a “conservative news, information, and design company dedicated to promoting conservative ideals.” Though Eberle claims that GOPUSA and Talon News are separate organizations, in fact they are not. Eberle is the owner and chief operator of both entities. Both domain names—“TalonNews.com” and “GOPUSA.com”—are registered to the same Pearland, Texas, street address, which appears to be Eberle’s home address. The domain name contact is Eberle’s GOPUSA email address. Most of the articles on Talon News’s Web site consist of short introductory paragraphs with “Read more” links that take the reader to a page that announces, “This story can be found on our #1 client—GOPUSA!” Readers are then redirected to the GOPUSA.com site. GOPUSA and Talon News are both staffed by Eberle, Gannon/Guckert, and several volunteers. Media Matters concludes that the two organizations are “virtually indistinguishable.” Interestingly, both Eberle and Gannon/Guckert post on the right-wing Internet forum Free Republic, and Gannon/Guckert has hosted a radio show on Radio Free Republic. Another poster once suggested that McClellan “appreciated” Gannon/Guckert’s questions “from the smirk he was trying to hold back,” and Gannon/Guckert responded, “It’s hard to say with Scott but he usually knows what he’s going to get from me.” None of the other volunteers on Talon News seem to have any journalistic experience, but all are heavily involved in Republican politics, including a high school student who is president of his school’s Young Republicans’ Club; the owner of the Wisconsin Conservative Digest; a county GOP chairman and campaign manager for a Maine Republican candidate for the House of Representatives; a South Carolina GOP campaign operative; and a Nebraska freelance writer who has worked as a speechwriter for conservative candidates and organizations. Members of GOPUSA’s board of directors have no more journalistic experience than the writers of Talon News, but all are active GOP operatives, consultants, and financial managers. (Foser 1/25/2005)

An Iraqi voter displays her purple finger for a reporter’s camera.An Iraqi voter displays her purple finger for a reporter’s camera. [Source: Agence France-Presse]Elections for Iraq’s 275-member national assembly are held, the first democratic elections in Iraq in 50 years. Fifty-eight percent of Iraqis go to the polls to vote for a new government, the first national elections since Saddam Hussein’s overthrow. Iraqis proudly display their ink-dipped purple fingers as signs that they voted. In Washington, Republicans display their own enpurpled fingers as a sign of solidarity with President Bush and as a symbol of their pride in bringing democracy to Iraq. The Shi’ite-dominated United Iraqi Alliance (UIA) wins 48.2 percent of the vote, a coalition of two major Kurdish parties garners 25.7 percent, and a bloc led by interim Prime Minister Iyad Allawi wins only 13.8 percent. As expected, the Sunni parties capture only a fraction of the vote. (Shadid and Struck 2/14/2005; Unger 2007, pp. 327-329)
Shi'ite Turnout High, but Election Marred by Violence - Suicide bombers and mortar attacks attempt to disrupt the elections, killing 44 around the country, but voters turn out in large numbers regardless of the danger. Three cloaked women going to polls in Baghdad tell a reporter in unison, “We have no fear.” Another Iraqi tells a reporter: “I am doing this because I love my country and I love the sons of my nation. We are Arabs, we are not scared and we are not cowards.” (Associated Press 1/31/2005)
Sunni Boycott Undermines Legitimacy of Election Results - The political reality of the vote is less reassuring. Millions of Shi’ites do indeed flock to the polls, but most Sunnis, angered by years of what they consider oppression by US occupying forces, refuse to vote. Brent Scowcroft, the former foreign policy adviser held in such contempt by the administration’s neoconservatives (see October 2004), had warned that the election could well deepen the rift between Sunnis and Shi’a, and indeed could precipitate a civil war. Soon after the elections, Sunni insurgents will shift their targets and begin attacking Shi’ite citizens instead of battling US troops. Another popular, and effective, target will be Iraq’s decaying oil production infrastructure.
UIA Links to Iran and Terrorism Undermine US Ambitions - Another troublesome consequence of the elections is that Bush officials are forced to support a Shi’ite government led by Prime Minister Ibrahim al-Jaafari, a member of the Dawa Party, one of the two Shi’ite factions comprising the United Iraq Alliance. Dawa is so closely aligned with Iran that not only had it supported Iran in the Iraq-Iran War, but it had moved its headquarters to Tehran in 1979. While in the Iranian capital, Dawa had spun off what Middle East expert Juan Cole called “a shadowy set of special ops units generically called ‘Islamic Jihad,’ which operated in places like Kuwait and Lebanon.” Dawa was also an integral part of the process that created the Shi’ite terrorist group Hezbollah. And Dawa was founded by Muhammed Baqir al-Sadr, the uncle of radical Shi’ite cleric Moqtada al-Sadr, whose Mahdi Army has been accused of attempting to exterminate Sunni populations. In other words, the US is now supporting a government which not only supports terrorism, but itself incorporates a terrorist-affiliated organization in its executive structure. Author Craig Unger will write: “One by one the contradictions behind America’s Middle East policies emerged—and with them, the enormity of its catastrophic blunder. Gradually America’s real agenda was coming to light—not its stated agenda to rid Iraq of WMDs, which had been nonexistent, not regime change, which had already been accomplished, but the neoconservative dream of ‘democratizing’ the region by installing pro-West, pro-Israeli governments led by the likes of Ahmed Chalabi in oil-rich Middle East states. Now that Chalabi had been eliminated as a potential leader amid accusations that he was secretly working for Iran (see April 2004), and the Sunnis had opted out of the elections entirely, the United States, by default, was backing a democratically elected government that maintained close ties to Iran and was linked to Shi’ite leaders whose powerful Shi’ite militias were battling the Sunnis.” Moreover, the Iraqi security forces have little intention of cooperating with the US’s plan to “stand up” as US forces “stand down.” Their loyalties are not to their country or their newly elected government, but to their individual militias. Journalist and author Nir Rosen says the Iraqi soldiers are mainly loyal to al-Sadr and to Abdul Aziz al-Hakim, the leader of the Supreme Council for the Islamic Revolution in Iraq (SCIRI, the other member of the United Iraq Alliance), “but not to the Iraqi state and not to anyone in the Green Zone.” Unger will write, “Unwittingly, America [is] spending billions of dollars to fuel a Sunni-Shi’ite civil war.” (Unger 2007, pp. 327-329)

Cofer Black, former chief of the CIA’s Counterterrorist Center, joins Blackwater. He becomes the company’s vice chairman. (Levenson 11/2/2007)

One of the photos Gannon/Guckert posted of himself on the Internet advertising his services as a male prostitute.One of the photos Gannon/Guckert posted of himself on the Internet advertising his services as a male prostitute. [Source: The Fruit Fly (.com)]Conservative faux journalist and gay prostitute Jeff Gannon, whose real name is James Guckert, quits as a White House reporter following his exposure by media watchdog organization Media Matters and Internet bloggers. For years, Gannon/Guckert has functioned as a “safe” White House reporter for conservative Internet news site Talon News, providing “softball” questions to President Bush and his press secretaries and representatives that allow the White House to reiterate and emphasize its talking points (see January 26, 2005). He also resigns as a Talon correspondent. Gannon does not apologize for his flatly partisan questioning, and says his questions merely counterbalance those of other reporters, whom he says are largely liberal and hostile towards the Bush administration: “Perhaps the most disturbing thing has been the notion that there isn’t room for one conservative voice in the White House press corps.” Gannon/Guckert refuses to acknowledge his second vocation as a gay prostitute, which he pursues under his given name, and merely says his use of a pseudonym for his journalistic pursuits is a “very innocent… commercial consideration.” Besides, he says, many journalists change their names for broadcast purposes. He does not name any journalists who operate under such pseudonyms. (Block and Norris 2/9/2005)
White House Knew of Pseudonym - Gannon/Guckert’s boss at Talon, Bobby Eberle (see January 28, 2005), says that the White House issued press passes to the “reporter” under his real name, which indicates the White House knew he was writing under a pseudonym. And Senator Frank Lautenberg (D-NJ), noting that Gannon/Guckert was denied Congressional press passes because he could not demonstrate that he worked for a legitimate news service, wants to know why Gannon/Guckert was able to pass muster at the White House. “This issue is important from an ethical as well as from a national security standpoint,” Lautenberg says. “It is hard to understand why a man with little real journalism experience was given a White House press corps credential.” (Boehlert 2/15/2005) White House press secretary Scott McClellan denies knowing about Gannon/Guckert’s pseudonym until just recently, and says, “People use aliases all the time in life, from journalists to actors.” (Kurtz 2/16/2005)
Admission and Defense - Days later, in a CNN interview conducted by Wolf Blitzer, Gannon/Guckert admits that he is a “former” gay prostitute, admits his real name, says no one at the White House knew about his sexual past, and says: “I’ve made mistakes in my past. Does my past mean I can’t have a future? Does it disqualify me from being a journalist?” He says he used a pseudonym because his real name is difficult to pronounce. Liberal gay activist John Aravosis, whose AmericaBlog first published pictures of Gannon/Guckert advertising his sexual favors on gay escort Web sites, says the issue is not Gannon/Guckert’s right to be a journalist but his “White House access.… The White House wouldn’t let him in the door right now, knowing of his background.” Aravosis says Gannon/Guckert is guilty of “what I call family values hypocrisy. Basically, he’s asking the gay community to protect him when he attacks us.” Gannon/Guckert wrote numerous articles blasting 2004 presidential candidate John Kerry’s support of gay rights and wrote that Kerry would, if elected, be the country’s “first gay president.” (Kurtz 2/19/2005) On his blog, Aravosis adds: “This is the conservative Republican Bush White House we’re talking about. It’s looking increasingly like they made a decision to allow a hooker to ask the president of the United States questions. They made a decision to give a man with an alias and no journalistic experience access to the West Wing of the White House on a ‘daily basis.’” (Boehlert 2/15/2005)
Softballing Gannon/Guckert - New York Times columnist Frank Rich accuses Blitzer of asking “questions almost as soft as those ‘Jeff’ himself had asked in the White House.” Blitzer accepted without question Gannon/Guckert’s assertion that he used the name Gannon because Guckert was too hard to pronounce, and never questioned Gannon/Guckert’s claim that Talon News “is a separate, independent news division” of GOPUSA. Blitzer, Rich notes, waited until a brief follow-up interview to ask why Gannon/Guckert was questioned by FBI investigators about his knowledge of the Valerie Plame Wilson affair (see October 28, 2003). Blitzer did not ask if his knowledge came from the same officials who took care of his White House press credentials, nor did he ask if Gannon/Guckert has any connection with conservative journalist and CNN commentator Robert Novak, who outed Plame Wilson. “The anchor didn’t go there,” Rich writes. (Rich 2/19/2005)
'Politics of Personal Destruction' - Gannon/Guckert will later say that his resignation from Talon News and from the White House press corps is an example of “the politics of personal destruction.” (Solomon 3/20/2005)

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

John Bolton.John Bolton. [Source: Publicity photo via American Enterprise Institute]President George Bush selects John Bolton, currently an official in the State Department, to be the US ambassador to the UN. Bolton is a staunch neoconservative with a long record of opposing multilateral efforts. As undersecretary of state for arms control, Bolton opposed a multilateral effort in July 2001 to create broad worldwide controls on the sale of small arms (see July 9, 2001). In February 2002, Bolton made it clear that the Bush administration did not feel bound to the 1978 pledge not to use nuclear weapons against non-nuclear states (see February 2002). Bolton was also a strong advocate of taking unilateral action against Saddam Hussein (see January 26, 1998) and in May 2002, he effectively removed the US signature from the Rome Statute, which established the International Criminal Court (ICC) (see May 6, 2002). (Nichols 3/7/2005)

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

Dr. Michael Gelles, the head psychologist for the Naval Criminal Investigative Service (NCIS), says that torture and coercion do not produce reliable information from prisoners. Gelles adds that many military and intelligence specialists share his view. Gelles warned of problems with torture and abuse at Guantanamo nearly three years ago (see Early December, 2002 and December 18, 2002). And he is frustrated that Bush administration officials have “dismissed” critics of coercive techniques as weaklings and “doves” who are too squeamish to do what is necessary to obtain information from terror suspects. In reality, Gelles says, many experienced interrogators are convinced that torture and coercion do more harm than good. Gelles has extensive experience with interrogations in Iraq, Afghanistan, and Guantanamo, and notes that NCIS had interrogated Muslim terror suspects well before 9/11, including investigations into the 2000 bombing of the USS Cole (see October 12, 2000) and the 1983 bombing of a Marine barracks in Lebanon (see April 18-October 23, 1983).
'Rapport-Building' - The best way to extract reliable intelligence from a Muslim extremist, Gelles says, is through “rapport-building”—by engaging the suspect in conversations that play on his cultural sensitivities. Similar techniques worked on Japanese soldiers during the height of battles during World War II (see July 17, 1943). Gelles says he and others have identified patterns of questioning that can elicit accurate information from Islamist radicals, but refuses to discuss them specifically. “We do not believe—not just myself, but others who have to remain unnamed—that coercive methods with this adversary are… effective,” he says. “If the goal is to get ‘information,’ then using coercive techniques may be effective. But if the goal is to get reliable and accurate information, looking at this adversary, rapport-building is the best approach.”
Conflict between Experts, Pentagon Civilians - Gelles describes a sharp division between interrogation specialists such as himself, and civilian policymakers at the Pentagon. Many government specialists, including fellow psychologists, intelligence analysts, linguists, and interrogators who have experience extracting information from captured Islamist militants, agree with Gelles that coercion is not effective, but top civilians in the Office of the Secretary of Defense disagree. Coercive interrogations try to “vacuum up all the information you can and figure out later” what is true and what is not, he says. This method jams the system with false and misleading data. Gelles compares it to “coercive tactics leading to false confessions” by suspects in police custody. Many at the Pentagon and elsewhere mistake “rapport-building” techniques for softness or weakness. Just because those interrogations are not humiliating or physically painful, Gelles says, the techniques are not necessarily “soft.” Telling a detainee that he is a reprehensible murderer of innocents is perfectly acceptable, Gelles says: “Being respectful doesn’t mean you don’t confront, clarify, and challenge the detainee when he gives the appearance of being deceptive.” On the other hand, coercive techniques induce detainees to say anything to make the pain and discomfort stop. “Why would you terrify them with a dog?” Gelles asks, referring to one technique of threatening detainees with police dogs. “So they’ll tell you anything to get the dog out of the room?” Referring to shackling prisoners in “stress positions” for hours on end, Gelles adds: “I know there is a school of thought that believes [stress positions] are effective. In my experience, I’ve never seen it be of any value.” Innocent suspects will confess to imagined crimes just to stop the abuse, Gelles says.
Other Harmful Consequences - Gelles also notes that coercive techniques undermine the possibility of building rapport with the prisoner to possibly gain information from him. And, he says, unless the prisoner is either killed in custody or detained for life, eventually he will be released to tell the world of his captivity, damaging America’s credibility and moral authority. (Savage 3/31/2005; Savage 2007, pp. 217-218)

A high-ranking Yemeni defector alleges that the highest ranks of Yemen’s military and security forces have long collaborated with radical militants in the country. The defector, Ahmed Abdullah al-Hasani, was head of Yemen’s navy at the time of the USS Cole bombing (see October 12, 2000) and recently served as its ambassador to Syria. Al-Hasani claims that the perpetrators of the USS Cole attack “are well known by the regime and some are still officers in the national army.” The Yemeni government hindered the Cole investigation (see After October 12, 2000). Al-Hasani also says that Ali Mohsen al-Ahmar, an army commander who is the half-brother of President Ali Abdallah Saleh and has links with radical militants (see 1980-1990 and May 21-July 7, 1994), was involved in a plot to kidnap Western tourists in 1998 (see December 26, 1998 and December 28-29, 1998). Al-Hasani arrived in Britain with his family, and is apparently debriefed by Western intelligence agencies. He claims to have fallen out with President Saleh over discrimination against southern Yemenis and fears he will be assassinated if he returns home. Yemeni authorities dismiss al-Hasani’s claims. “All these allegations are untrue and groundless,” says a government spokesman. “This man is making these allegations in order to legitimise and give significance to his claim of asylum.” (Gadher 5/8/2005)

Outgoing Undersecretary of Defense Douglas Feith, one of the key architects of the Iraq occupation, is bemused by the fact that, despite his predictions and those of his neoconservative colleagues, Iraq is teetering on the edge of all-out civil war. He has come under fire from both political enemies and former supporters, with Senator Carl Levin (D-MI) accusing him of deceiving both the White House and Congress, and fellow neoconservative William Kristol accusing him of “being an agent of” disgraced Defense Secretary Donald Rumsfeld (see November 6-December 18, 2006). Feith defends the invasion of Iraq, calling it “an operation to prevent the next, as it were, 9/11,” and noting that the failure to find WMD is essentially irrelevant to the justification for the war. “There’s a certain revisionism in people looking back and identifying the main intelligence error [the assumption of stockpiles] and then saying that our entire policy was built on that error.” Feith is apparently ignoring the fact that the administration’s arguments for invading Iraq—including many of his own assertions—were built almost entirely on the “error” of the Iraqi WMD threat (see July 30, 2001, Summer 2001, September 11, 2001-March 17, 2003, Shortly After September 11, 2001, September 14, 2001, September 19-20, 2001, September 20, 2001, October 14, 2001, November 14, 2001, 2002, 2002-March 2003, February 2002, Summer 2002, August 26, 2002, September 3, 2002, September 4, 2002, September 8, 2002, September 8, 2002, September 10, 2002, September 12, 2002, Late September 2002, September 19, 2002, September 24, 2002, September 24, 2002, September 28, 2002, October 7, 2002, December 3, 2002, December 12, 2002, January 9, 2003, February 3, 2003, February 5, 2003, February 8, 2003, March 22, 2003, and March 23, 2003, among others).
Cultural Understanding Did Not Lead to Success - Feith says he is not sure why what he describes as his deep understanding of Iraqi culture did not lead to accurate predictions of the welcome the US would receive from the Iraqi people (see November 18-19, 2001, 2002-2003, September 9, 2002, and October 11, 2002). “There’s a paradox I’ve never been able to work out,” he says. “It helps to be deeply knowledgeable about an area—to know the people, to know the language, to know the history, the culture, the literature. But it is not a guarantee that you will have the right strategy or policy as a matter of statecraft for dealing with that area. You see, the great experts in certain areas sometimes get it fundamentally wrong.” Who got it right? President Bush, he says. “[E]xpertise is a very good thing, but it is not the same thing as sound judgment regarding strategy and policy. George W. Bush has more insight, because of his knowledge of human beings and his sense of history, about the motive force, the craving for freedom and participation in self-rule, than do many of the language experts and history experts and culture experts.”
'Flowers in Their Minds' - When a reporter notes that Iraqis had not, as promised, greeted American soldiers with flowers, Feith responds that they were still too intimidated by their fear of the overthrown Hussein regime to physically express their gratitude. “But,” he says, “they had flowers in their minds.” (Goldberg 5/9/2005; Scoblic 2008, pp. 228-229)

The 2005 NPT Review Conference, held once every five years to review and extend the implementation of the Nuclear Nonproliferation Treaty (see July 1, 1968), is an unusually contentious affair, and the US is at the center of the imbroglio. After the 2000 NPT Review Conference (see Late May, 2000), the US, under George W. Bush, refused to join in calls to implement the Comprehensive Test Ban Treaty (CTBT—see September 10, 1996). The US’s recalcitrance is, if anything, magnified five years later. Many representatives of the NPT signatories focus their ire upon the US, even though two signatories, Iran and North Korea, are, in author J. Peter Scoblic’s words, “violating either the spirit or the letter of the treaty” in developing their own nuclear weapons. Other nations send their foreign ministers to the conference, and in turn the US could have been expected to send Secretary of State Condoleezza Rice. (In 1995 and 2000, the US had sent, respectively, Vice President Al Gore and Secretary of State Madeleine Albright to represent the US.) Instead, the US sends State Department functionary Stephen Rademaker. Not only is Rademaker’s lesser rank a studied insult to the conference, Rademaker himself is an ardent conservative and a protege of arms control opponent John Bolton. Rademaker enters the conference prepared to use the forum to browbeat Iran and North Korea; instead, he finds himself defending the US’s intransigence regarding the CTBT. The New Agenda Coalition, made up of Brazil, Egypt, Ireland, Mexico, South Africa, Sweden, and New Zealand—all allies of the US—focuses on “the troubling development that some nuclear-weapon states are researching or even planning to develop new or significantly modify existing warheads,” a Bush administration priority (see May 1, 2001 and December 13, 2001). “These actions have the potential to create the conditions for a new nuclear arms race.” Even Japan, usually a solid US ally, says that all nuclear-armed states should take “further steps toward nuclear disarmament.” Canada, the closest of US allies both in policy and geography, is more blunt, with its representative saying, “If governments simply ignore or discard commitments whenever they prove inconvenient, we will never build an edifice of international cooperation and confidence in the security realm.” And outside the conference, former British Foreign Minister Robin Cook lambasts the US in an op-ed entitled “America’s Broken Unclear Promises Endanger Us All,” blasting the Bush administration for its belief that “obligations under the nonproliferation treaty are mandatory for other nations and voluntary for the US.” For his part, Rademaker says just before the conference, “We are not approaching this review conference from the cynical perspective of, we are going to toss a few crumbs to the rest of the world, and, by doing that, try to buy goodwill or bribe countries into agreeing to the agenda that we think they should focus on rather than some other agenda.” In 2008, Scoblic will interpret Rademaker’s statement: “In other words, the administration was not going to engage in diplomacy even if it would encourage other states to see things our way—which only meant that it was quite certain they never would.” (United Nations 5/2005; Scoblic 2008, pp. 277-280)

The FBI and Justice Department quietly open an investigation into whether Representative Jane Harman (D-CA), the ranking Democrat on the House Intelligence Committee, improperly colluded with the American Israel Public Affairs Committee (AIPAC) to win reappointment as the committee’s ranking member. The investigation is not revealed to the public until October 2006 (see October 20, 2006). The investigation centers on allegations that Harman and AIPAC arranged for wealthy supporters to lobby House Minority Leader Nancy Pelosi (D-CA) on Harman’s behalf. The case is an outgrowth of a probe that has already led to the felony conviction of former DIA official Larry Franklin, who pled guilty to giving classified information to two AIPAC lobbyists (see October 5, 2005), and the lobbyists, Steve Rosen and Keith Weissman, who still face charges of passing that information on to Israel (see April 13, 1999-2004). The investigation has now expanded to determine if Harman’s campaign to persuade Pelosi to reappoint her to the committee may have involved AIPAC, and whether Harman promised to return the favor by using her influence to persuade the Justice Department to ease up on the AIPAC lobbyists. Reporter Timothy Burger will write: “If that happened, it might be construed as an illegal quid pro quo, depending on the context of the situation. But the sources caution that there has been no decision to charge anyone and that it is unclear whether Harman and AIPAC acted on the idea.” Both Harman and Pelosi are outspoken supporters of Israel, and have praised AIPAC for its efforts to further cement ties between Israel and the US. However, Congressional sources will say that Pelosi is furious at attempts by major donors to lobby on behalf of Harman. The LA Weekly reported in May that Harman “had some major contributors call Pelosi to impress upon her the importance of keeping Jane in place. According to these members, this tactic, too, hasn’t endeared Harman to Pelosi.” Another powerful figure has lobbied for Harman: entertainment industry billionaire Haim Saban, who made his fortune through the Mighty Morphin Power Rangers children’s entertainment franchise. It is unclear whether Saban had any contact with AIPAC, and if his efforts to lobby on Harman’s behalf were part of a larger, more orchestrated plan. (Burger 10/20/2006) When the story becomes public in October 2006, Harman will deny any improper or illegal conduct (see October 20, 2006). The investigation will eventually be dropped, supposedly for “lack of evidence.” In April 2009, evidence will surface that the NSA wiretapped Harman discussing a quid pro quo with a suspected Israeli agent, and that the investigation was not dropped because of lack of evidence, but because of the intervention of Attorney General Alberto Gonzales (see October 2005, Late 2005, and April 19, 2009). (Stein 4/19/2009)

According to CounterPunch, the Italian Parliament releases a report on the forged Iraq-Niger uranium documents (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 report names four people as the most likely forgers: neoconservative Michael Ledeen (see April 3, 2005), former CIA agent Duane Clarridge (see Late 1998), Iraqi National Congress (INC) head Ahmed Chalabi (see 1992-1996 and February 2002), and Chalabi’s close friend and colleague Francis Brooke, who belongs to the Rendon Group, a public relations group formed by the Pentagon in part to promote Chalabi and the INC (see May 1991 and Mid-December 2003). The report suggests the forgeries may have been planeed at a December 2001 meeting in Rome (see December 9, 2001) that involved Ledeen, head of the Italian intelligence service SISMI Nicolo Pollari (see September 9, 2002), and accused spy Larry Franklin (see December 9, 2001). (Leupp 11/1/2005; Leupp 11/9/2005) When the report is publicized in November 2005, Italian government officials will deny the existence of any such report, a denial bolstered by media reports. Journalist Laura Rozen will write that no such report was ever produced, nor was a parliamentary investigation into the Niger forgeries held by the Italian parliament at the time. “There is no parliamentary report,” a spokeswoman for Enzo Bianco, a member of Italy’s parliament, will say. Nor is there an unpublished report, the spokeswoman will say. Rozen will write that Bianco’s spokeswoman “does not just appear to be engaged in a cover up of a secret report. No one in Italy seriously investigating the Niger forgeries has heard of such a report.” The Italian newspaper La Repubblica will also report that no such parliamentary report was ever written. Former CIA officer Vincent Cannistraro, who will say he knew of rumors about such a report at one time, will also say that no such report exists. “There is no published report,” he will tell Rozen. “If there is a report, we might expect it would have some analysis and conclusions. There is no report, at least not a published report.… I think this stuff is just getting circulated.” (Laura Rozen 11/3/2005)

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

Washington Post reporter Bob Woodward gives an interview to NPR’s Terry Gross about the so-called “Plamegate” scandal. Woodward is dismissive of the entire imbroglio. “There was no nothing” to the story, he says. When “all of the facts come out in this case, it’s going to be laughable because the consequences are not that great.” Woodward does not divulge that he was perhaps the first reporter to have Valerie Plame Wilson’s name leaked to him (see June 13, 2003). Woodward’s dismissive attitude towards the affair is addressed by author and media critic Frank Rich, who writes in 2006: “The Wilsons were nobodies—not players, not part of the tight club to which Woodward and his blue-chip sources belonged. Yet, while Woodward was tone-deaf to the Watergate echoes in the Bush White House’s obsessive secrecy, in its detestation of the press, and in its flouting of the law, the parallels were striking to anyone outside the Beltway.” (Gitlin 12/18/2005; Rich 2006, pp. 181-182) In December, American Prospect reporter Todd Gitlin will write that Woodward “publicly and repeatedly sneered” at the Plame Wilson investigation. (Gitlin 12/18/2005) Woodward says much the same things in private. In a conversation with his friend and former colleague Carl Bernstein around the same time as the NPR interview, he asks: “Why do you keep insisting this is important? I know something about this. There’s nothing there.” Woodward is deeply involved in writing his next book, Plan of Attack, and has little time or patience for what he considers a partisan non-scandal. Additionally, he and Bernstein are frequently together, conducting interviews for their recent book about their Watergate source, W. Mark Felt (see May 31, 2005), and often find themselves in conversations about confidential sources. Bernstein believes Woodward is ignoring something worth watching. “You don’t have this right,” he tells Woodward. “This thing is going to be huge. It will shine a light on the way Bush’s White House operates. It is going to expose the president and his campaign of disinformation.” (Brenner 4/2006)

Newsweek reporter Michael Isikoff reveals that White House political strategist and deputy chief of staff Karl Rove was Time reporter Matthew Cooper’s source in revealing that Valerie Plame Wilson was a covert CIA operative (see 11:00 a.m. July 11, 2003). Isikoff learns that Rove was Cooper’s source from Rove’s lawyer, Robert Luskin. Rove has given Cooper permission to testify about their conversations surrounding Plame Wilson and her husband, Joseph Wilson, and anonymously confirms his identity as the source. There is no indication in Cooper’s notes or e-mails to suggest that Rove knew Plame Wilson was a covert operative. However, Isikoff notes, “it is significant that Rove was speaking to Cooper before Novak’s column appeared; in other words, before Plame’s identity had been published.” A “source close to Rove” says, “A fair reading of the [Cooper] e-mail makes clear that the information conveyed was not part of an organized effort to disclose Plame’s identity, but was an effort to discourage Time from publishing things that turned out to be false.” In 2008, current White House press secretary Scott McClellan will write that Luskin’s confirmation is “part of Karl’s and Luskin’s strategy.” Luskin continues to publicly insist that Rove never actually leaked Plame Wilson’s identity. (Isikoff 7/10/2005; McClellan 2008, pp. 261) He tells a Washington Post reporter that while Rove mentioned someone he identified as “Wilson’s wife,” he never actually identified her to Cooper by name. Rove also identified Plame Wilson, falsely, as the person who sent Wilson to Niger on behalf of the CIA (see February 19, 2002, July 22, 2003, and October 17, 2003). (White 7/11/2005)

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

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

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

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

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

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

Former State Department official Marc Grossman, who has testified that he is one of the officials who divulged former CIA covert official Valerie Plame Wilson’s identity to former White House aide Lewis Libby (see 12:00 p.m. June 11, 2003), tells reporters that former ambassador Joseph Wilson’s trip to Niger (see March 4-5, 2002) had nothing to do with Plame Wilson being Wilson’s wife, as many of Libby’s defenders assert. Grossman wrote a memo detailing Wilson’s trip to Niger (see June 10, 2003) that was given to Libby and other White House officials. Grossman, speaking anonymously, says: “It wasn’t a Wilson-Wilson wife memo. It was a memo on uranium in Niger and focused principally on our [the State Department’s] disagreement” with the White House. The memo noted, erroneously, that Plame Wilson helped engineer Wilson’s trip to Niger (see February 19, 2002, July 22, 2003, and October 17, 2003), but Grossman says it did not identify her as an undercover CIA agent, nor did it identify her as Valerie Plame, which was her maiden name and cover name at the CIA. Grossman says the fact that the CIA official and Wilson were a married couple was largely an incidental reference. (Associated Press 7/20/2005) Grossman will be revealed as the anonymous source who speaks to reporters at this time in April 2006. (Leopold 4/14/2006)

MSNBC reports that the grand jury investigating the Plame Wilson identity leak has heard testimony from UN Ambassador John Bolton about a State Department memo identifying Valerie Plame Wilson as a CIA official (see May 29, 2003 and June 10, 2003). The date of Bolton’s appearance before the grand jury is unclear. At the time of the memo, Bolton was an undersecretary in the State Department. (MSNBC 7/21/2005) Bolton failed to mention his grand jury appearance, or his involvement in the Plame Wilson leak, during Senate confirmation hearings for his nomination as UN ambassador. (Johnston 7/22/2005) State Department spokesman Sean McCormack will deny that Bolton testified before the grand jury. (Newsmax 7/28/2005) A day later, the State Department will acknowledge that Bolton was interviewed over his role in the administration’s Iraq-Niger uranium claims, another fact he omitted during his nomination hearings, but will not admit to his appearance before the grand jury. (Associated Press 7/29/2005)

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

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

Washington Post editor and reporter Bob Woodward repeats the baseless claim that a 2002 report by former ambassador Joseph Wilson on attempts by Iraq to secure Nigerien uranium (see March 8, 2002) contradicted his 2003 New York Times op-ed criticizing the Bush administration’s use of the uranium claim to justify its invasion of Iraq (see July 6, 2003). The progressive media watchdog organization Media Matters will note that according to a Senate Intelligence Committee report (see July 9, 2004), “there appears to be no contradiction between the report and Wilson’s op-ed.… Wilson’s language [in the op-ed] closely echoes the Intelligence Committee’s description of his report.” Woodward says that according to Wilson’s 2002 report, “there were reasonable grounds to discredit” Wilson, and goes on to say that Wilson “had said something in his reports a year before that contradicted what he wrote in an op-ed piece in the New York Times.” Woodward also mocks the idea that anyone in the Bush administration wants to “trash” or “discredit” Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, and April 5, 2006), and goes on to say that “there were reasonable grounds to discredit him.” (Media Matters 8/1/2005) Woodward does not reveal that he himself was an early recipient of the White House’s leaked information that Wilson’s wife is a clandestine CIA officer (see June 13, 2003).

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

Two lobbyists for the American Israel Public Affairs Committee (AIPAC), Steven Rosen and Keith Weissman, are indicted for crimes relating to their role in passing classified US government information to Israel (see April 13, 1999-2004). They are charged with conspiring “to communicate national defense information [to] persons not entitled to receive it,” applicable under the Espionage Act. Their charges are similar to those filed against former government employee Larry Franklin, their contact (see October 5, 2005). National security expert Eli Lake will call the charges against Rosen and Weissman “unprecedented,” noting that for them to face the same charges as Franklin puts them—two private citizens—under the same obligation as Franklin, a government official, to keep secret any classified information they might acquire. Lake will write: “[I]f it’s illegal for Rosen and Weissman to seek and receive ‘classified information,’ then many investigative journalists are also criminals—not to mention former government officials who write for scholarly journals or the scores of men and women who petition the federal government on defense and foreign policy. In fact, the leaking of classified information is routine in Washington, where such data is traded as a kind of currency. And, while most administrations have tried to crack down on leaks, they have almost always shied away from going after those who receive them—until now. At a time when a growing amount of information is being classified, the prosecution of Rosen and Weissman threatens to have a chilling effect—not on the ability of foreign agents to influence US policy, but on the ability of the American public to understand it.” (US v. Franklin, Rosen, and Weissman Criminal No. 1:05CR225 8/4/2005 pdf file; Lake 10/10/2005; Savage 2007, pp. 174) Months later, Attorney General Alberto Gonzales will say that journalists and other private citizens can be prosecuted for leaking classified information (see May 21, 2006). Almost four years later, the charges against Rosen and Weissman will be dropped (see May 1, 2009).

Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney, tells federal investigators that he disclosed CIA case officer Valerie Plame Wilson’s name to New York Times reporter Judith Miller on July 8, 2003 (see 8:30 a.m. July 8, 2003). Reporter Murray Waas will write, “The new disclosure that Miller and Libby met on July 8, 2003, raises questions regarding claims by President Bush that he and everyone in his administration have done everything possible to assist Fitzgerald’s grand jury probe.” Many involved in the investigation question Libby’s apparent decision not to give a personal waiver of privilege to Miller, who is currently sitting in jail rather than disclosing the contents of her conversations with Libby (see July 6, 2005). Miller does not accept the validity of a general waiver signed by Libby and others at the behest of special prosecutor Patrick Fitzgerald. Fitzgerald and his prosecutors consider the meetings between Libby and Miller critical to proving that Libby committed criminal offenses by giving information on Plame Wilson’s CIA status to Miller and other reporters. (Waas 8/6/2005)

Special counsel Patrick Fitzgerald writes a letter to Joseph Tate, one of the lawyers representing White House aide Lewis Libby. Fitzgerald wants to clarify any potential misunderstandings regarding Libby’s possible release of reporter Judith Miller from their understanding of confidentiality. Miller is currently serving an indefinite jail sentence over her refusal to testify before Fitzgerald’s grand jury about her conversations with Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Fitzgerald cites media accounts that indicate there may be misunderstanding between the parties; he affirms that any communication from Libby to Miller granting Miller a confidentiality waiver would be voluntary, and would not be construed as obstruction. (Office of Special Counsel 9/12/2005 pdf file) Three days later, Libby releases Miller from her confidentiality pledge (see September 15, 2005).

Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney, writes jailed reporter Judith Miller (see July 6, 2005) a chatty two-page letter that asserts he had wanted her to testify about their conversations all along. Miller is jailed pending her reversal of a decision not to reveal Libby as a confidential source; Libby had told Miller that former ambassador Joseph Wilson’s wife Valerie Plame Wilson was a CIA agent (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Libby’s letter comes after rounds of intensive negotiations between his lawyers, Miller’s lawyer Robert Bennett, and special counsel Patrick Fitzgerald. Libby says that he is glad to grant Miller a waiver of confidentiality which will allow her to testify about their conversations (see September 12, 2005), and says that a year earlier his lawyer had assured her lawyer that he had then waived confidentiality (see January 2-5, 2004). He reassures her that his decision to waive confidentiality is completely voluntary, and says he will actually be “better off” if she testifies. In conclusion, Libby writes: “You went into jail in the summer. It is fall now. You will have stories to cover—Iraqi elections and suicide bombers, biological threats and the Iranian nuclear program. Out West, where you vacation, the aspens will be turning. They turn in clusters, because their roots connect them. Come back to work—and life.” (Libby 9/15/2005 pdf file; Johnston and Jehl 9/29/2005) Miller will deny any hidden meaning in Libby’s last few lines, and deny to Fitzgerald that Libby attempted to “shape” her testimony in any way through the letter. (Miller 10/16/2005) Bennett will say he does not believe that Libby was trying to influence Miller’s testimony, but knew as soon as he read his letter that it would “be trouble” for her. “I know that the letter bothered [Judy] and it bothered me,” Bennett says. “She might be soon testifying, and a prosecutor might construe that as an attempt to influence her testimony. It was more probably just sort of a dumb thing to put in a letter.” Bennett will add: “I think it is important that Judy was protecting a source in terms of source confidentiality and the journalistic privilege. She was not protecting a source to prevent someone from going to jail. The letter just didn’t help matters.” (Waas 10/18/2005)

The Washington Post publishes an article, written by Susan Schmidt and Jim VanderHei, that reveals details of White House official Lewis Libby’s conversations with New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Miller has just been released from jail (see September 29, 2005) after receiving a confidentiality waiver from Libby (see September 15, 2005). The details of the Libby-Miller conversations come from a source the reporters call “familiar with Libby’s account of his conversations with Miller in July 2003.” According to the source, Libby told Miller he heard that former ambassador Joseph Wilson’s wife, Valerie Plame Wilson, “had something to do with sending him” to Niger (see February 21, 2002-March 4, 2002), “but he did not know who she was or where she worked, the source said.” The reporters then write that during his second conversation with Miller, Libby said he had learned that Plame Wilson “had a role in sending him on the trip and that she worked for the CIA. Libby never knew Plame’s name or that she was a covert operative, the source said.” The source also told the reporters that Libby never spoke with columnist Robert Novak about Plame Wilson (see July 14, 2003). (Schmidt and VandeHei 9/30/2009) The source “familiar with Libby’s” testimony was repeating the same falsehoods that Libby told the Plame Wilson grand jury (see March 5, 2004 and March 24, 2004). Miller will testify that in their first conversation, Libby told her that Wilson’s wife worked for the CIA’s Weapons, Intelligence, Non-Proliferation, and Arms Control office (see September 30, 2005, October 7, 2005, and October 12, 2005). (Waas 10/18/2005) Author and blogger Marcy Wheeler will later write that she believes Libby used the Post story to attempt to “coach” Miller’s testimony. Both Wheeler and reporter Murray Waas will note that the same anonymous source quoted in the Schmidt/VandeHei story attempted, and failed, to get articles based on the same information published in two other newspapers. Waas will write: “Journalists at two news organizations declined to publish stories. Among their concerns was that they had only a single source for the story and that that source had such a strong bias on behalf of Libby that the account of his grand jury testimony might possibly be incomplete or misleading in some way. But more important were concerns that a leak of an account of Libby’s grand jury testimony, on the eve of Miller’s own testimony, might be an effort—using the media—to let Miller know what Libby had said, if she wanted to give testimony beneficial to him, or similar to his. (There is no evidence that Miller did not testify truthfully to the grand jury.)” Wheeler accuses Schmidt of being Libby’s “stenographer,” a reporter all too willing to publish whatever a person wishes without investigating the possible motives behind the provision of the information. Wheeler also believes Libby may have attempted to coach or influence Miller’s testimony in his letter releasing the reporter from their confidentiality agreement (see September 15, 2005). (Waas 10/18/2005; Marcy Wheeler 11/3/2005) The Schmidt/VandeHei article is dated September 30, but appears on the Post’s Web site on September 29, well before Miller’s testimony. (Waas 10/18/2005)

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

Speaking at the New America Foundation, Colonel Lawrence Wilkerson, the former chief of staff to former Secretary of State Colin Powell, argues that power in Washington has become so concentrated, and the inter-agency processes within the Federal government so degraded, that the government is no longer capable of responding competently to threatening events—whether such events are natural disasters or international conflicts. He describes how successive administrations over the last five decades have damaged the national security decision-making process and warns that new legislation is desperately needed to force transparency on the process and restore checks and balances within the federal bureaucracy. The process has hit a nadir with the Bush administration, he says, whose secrecy and disregard for inter-agency processes has resulted in disastrous policies, such as those toward Iraq, North Korea, and Iran, and the policies that resulted in the prisoner abuse scandal at Abu Ghraib. “Fundamental decisions about foreign policy should not be made in secret,” he says. “You don’t have this kind of pervasive attitude out there unless you’ve condoned it.” He says, “[T]he case that I saw for four-plus years was a case that I have never seen in my studies of aberrations, bastardizations, and perturbations in the national-security [policy-making] process.” This approach to government also contributed to the failures in responding to hurricanes Katrina and Rita. “Decisions that send men and women to die, decisions that have the potential to send men and women to die, decisions that confront situations like natural disasters and cause needless death or cause people to suffer misery that they shouldn’t have to suffer, domestic and international decisions, should not be made in a secret way.” His speech includes a very direct and open attack on the Bush administration. “What I saw was a cabal between the Vice President of the United States, Richard Cheney, and the Secretary of Defense, Donald Rumsfeld, on critical issues that made decisions that the bureaucracy did not know were being made. And then when the bureaucracy was presented with those decisions and carried them out, it was presented in such a disjointed incredible way that the bureaucracy often didn’t know what it was doing as it moved to carry them out.” Wilkerson contrasts the current president with his father, George H.W. Bush, “one of the finest presidents we have ever had,” who, in Wilkerson’s opinion, understood how to make foreign policy work. Wilkerson likens George W. Bush’s brand of diplomacy to “cowboyism” and notes that he was unable to persuade US allies to stand behind his policies because “it’s hard to sell shit.” He explains that Bush is “not versed in international relations and not too much interested in them either. There’s a vast difference between the way George H. W. Bush dealt with major challenges, some of the greatest challenges at the end of the 20th century, and effected positive results in my view, and the way we conduct diplomacy today.” Wilkerson lays the blame for the Abu Ghraib detainee abuse directly at the feet of the younger Bush and his top officials, whom Wilkerson says gave tacit approval to soldiers to abuse detainees. As for Condoleezza Rice, then the national security adviser and now Powell’s successor at the State Department, she was and is “part of the problem.” Instead of ensuring that Bush received the best possible advice even if it was not what Bush wanted to hear, Rice “would side with the president to build her intimacy with the president.” Wilkerson also blames the fracturing and demoralization of the US military on Bush and his officials. Officers “start voting with their feet, as they did in Vietnam,” he says, “and all of a sudden your military begins to unravel.” Wilkerson is particularly scathing in his assessment of the Pentagon’s supervisor of the OSP, Douglas Feith, one of the original members of the Cabal. Asked if he agrees with General Tommy Franks’s assessment of Feith as the “f_cking stupidest guy on the planet.” Wilkerson says, “Let me testify to that. He was. Seldom in my life have I met a dumber man. And yet, after the [Pentagon is given] control, at least in the immediate post-war period in Iraq, this man is put in charge. Not only is he put in charge, he is given carte blanche to tell the State Department to go screw themselves in a closet somewhere.…That’s telling you how decisions were made and…how things got accomplished.” (Wilkerson 10/19/2005; Alden 10/20/2005; Lobe 10/20/2005; Blumenthal 10/27/2005)

Dan Senor.Dan Senor. [Source: ThinkProgress.org]Fox News analyst Dan Senor, the former spokesman for the Coalition Provisional Authority in Iraq (White House 10/1/2006; Greenwald 5/10/2008) , writes an article for the neoconservative magazine Weekly Standard about the upcoming trial of captured Iraqi ruler Saddam Hussein. Senor writes that the trial will provide “a peek into the depths of human evil and, embarrassingly, if incidentally, into the concurrent indifference of Western nations to Iraqi suffering. Thus far, the accountability of Nuremberg, the Hague, Rwanda, and Sierra Leone has eluded Arab-Muslim leaders. This is about to change.” Senor also says that part of Hussein’s trial strategy will be to attempt to create sympathy for his “humiliation” that will translate into “a spike in the insurgency…” He notes that “an increase in violence is anticipated by Commanding General George Casey too.” (Senor 10/2/2005) According to Pentagon documents released as part of the New York Times investigation into the Pentagon propaganda operation surrounding Iraq (see May 9, 2008), Senor routinely asks the advice of Pentagon public relations official Larry Di Rita about what he should say on his television broadcasts, and submits articles such as this to Di Rita for editing directions. (Greenwald 5/10/2008)

Defense Department analyst Larry Franklin pleads guilty to passing government secrets to two employees of a pro-Israel lobbying group and to an Israeli government official, a violation of the Espionage Act. He is later sentenced to 12 and a half years in prison. (Markon 10/6/2005; Markon 1/21/2006; Savage 2007, pp. 173) Franklin, an Iran specialist, gave details of US policy towards Iran to Steven Rosen and Keith Weissman, two members of AIPAC (American Israel Public Affairs Committee) which the Washington Post calls “one of Washington’s most influential lobbying organizations.” He also admits to giving classified information directly to Naor Gilon, chief of political affairs at the Israeli Embassy in Washington. Gilon returned to Israel, but Rosen and Weissman have been charged in what prosecutors claim was a conspiracy to obtain and illegally pass classified US information to foreign officials and news reporters. Franklin reportedly has been cooperating with investigators in return for a relatively lenient sentence. (Markon 10/6/2005; Markon 1/21/2006) It appears that Franklin was caught by accident in 2003 as part of a larger FBI investigation into Israeli spying that began in 2001 (see September 9, 2001). Investigators had been monitoring Gilon and were reportedly “floored” to watch Franklin sit down and eat lunch with him. (Sale 12/9/2004)

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). (Johnston 10/8/2005) Miller will later say that she discovered the notes in the Times newsroom after her first testimony (see October 12, 2005). (Johnston 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. (Waas 10/20/2005)

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.” (Johnston 10/12/2005; Waas 10/20/2005)

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). (Leonnig and VandeHei 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). (Waas 10/7/2005; Johnston and Stevenson 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. (Leonnig and VandeHei 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. (VandeHei and Leonnig 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. (Solomon 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.” (Johnston and Stevenson 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.” (Leonnig and VandeHei 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). (Waas 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.” (Leonnig and VandeHei 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.” (Waas 10/7/2005)

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.” (van Natta, Liptak, and Levy 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.” (Solomon 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 10/21/2005)

David Wurmser, an aide to Vice President Dick Cheney, begins cooperating with the investigation into the exposure of Valerie Plame Wilson as a CIA agent. This follows the news that another Cheney aide, John Hannah, is also cooperating (see Before October 17, 2005). The news that Wurmser is cooperating comes from sources close to the investigation. He is expected to provide special counsel Patrick Fitzgerald with evidence that the leak of Plame Wilson’s identity was part of a coordinated effort to discredit her husband, 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, April 5, 2006, and April 9, 2006). Wurmser is Cheney’s adviser on Middle East affairs, and formerly served as an assistant to then-Undersecretary of State John Bolton (see May 29, 2003). The sources say Wurmser is cooperating in order to negate potential criminal charges for his role in exposing Plame Wilson’s identity. Wurmser was a key member of the White House Iraq Group (WHIG—see August 2002), the propaganda group that operated primarily out of Cheney’s office. The sources say that in June 2003, Wurmser and Hannah were ordered by their superiors in Cheney’s office to leak Plame Wilson’s name and CIA identity in an attempt to discredit her husband, Joseph Wilson. In 2004, Wurmser was questioned by the FBI for his role in divulging classified national security information to Israel, an investigation that included Hannah and several prominent neoconservatives in the Defense Department. Wilson says: “John Hannah and David Wurmser, mid-level political appointees in the vice president’s office, have both been suggested as sources of the leak.… Mid-level officials, however, do not leak information without the authority from a higher level.” (Leopold and Alexandrovna 10/19/2005)

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

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.” (Waas 10/27/2005; Wilson 2007, pp. 381)

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

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). (Leopold 10/24/2005; Leopold 10/29/2005; Leupp 11/9/2005)

The Washington Post prints an article by reporter Barton Gellman about the intelligence leaks from the White House that led to the outing of CIA official Valerie Plame Wilson. The article examines the question of whether Lewis Libby, Vice President Dick Cheney’s former chief of staff, obstructed the FBI investigation into Plame Wilson’s exposure in order to protect Cheney. (Gellman 10/30/2005) According to journalist and blogger Joshua Micah Marshall, the Post deleted a key portion of Gellman’s story shortly after it appeared on the Post’s Web site (the edited version is what makes it into print). The deleted portion noted that on July 12, 2003, Cheney told Libby “to alert reporters of an attack launched that morning on [former ambassador Joseph] Wilson’s credibility by Fleischer, according to a well-placed source” (see July 12, 2003 and 3:20 a.m. July 12, 2003). (Joshua Micah Marshall 10/30/2005) A criminal lawyer who blogs under the moniker “Anonymous Liberal” speculates that the Post may have removed the reference to Fleischer because Fleischer was a source for Post reporter Walter Pincus. Pincus is identified in Gellman’s article as receiving information from an unidentified White House source who, like Libby, attacked Wilson and implied that he was sent to Niger by his wife (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). (Anonymous Liberal 10/30/2005)

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). (Olson 10/31/2005)

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.” (Alexandrovna and Leopold 11/2/2005)

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