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Context of 'July 3, 1993: ’Blind Sheikh’ Arrested in Brooklyn'

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One of the Calverton surveillance photographs introduced as evidence in court (note that some faces have been blurred out).One of the Calverton surveillance photographs introduced as evidence in court (note that some faces have been blurred out). [Source: National Geographic]FBI agents photograph Islamic radicals shooting weapons at the Calverton Shooting Range, on Long Island, New York. The group is secretly monitored as they shoot AK-47 assault rifles, semiautomatic handguns, and revolvers for four successive weekends. The use of weapons such as AK-47’s are illegal in the US, but this shooting range is known to be unusually permissive. Ali Mohamed is apparently not at the range but has been training the five men there: El Sayyid Nosair, Mahmud Abouhalima, Mohammed Salameh, Nidal Ayyad, and Clement Rodney Hampton-El. Nosair will assassinate Rabbi Meir Kahane one year later (see November 5, 1990), and the others except for Hampton-El will be convicted of the 1993 World Trade Center bombing (see February 26, 1993), while Hampton-El will be convicted for a role in the “Landmarks” bombing plot (see June 24, 1993). Some FBI agents have been assigned to watch some Middle Eastern men who are frequenting the Al-Kifah Refugee Center in Brooklyn. Each weekend, Mohamed’s trainees drive from Al-Kifah to the shooting range, and a small FBI surveillance team follows them. The FBI has been given a tip that some Palestinians at Al-Kifah are planning violence targeting Atlantic City casinos. By August, the casino plot fails to materialize, and the surveillance, including that at the shooting range, comes to an end. Author Peter Lance will later say that why the FBI failed to follow up the shooting sessions is a “great unanswered question.” [Lance, 2003, pp. 29-33; New York Times, 10/5/2003]

Entity Tags: Peter Lance, Nidal Ayyad, Al-Kifah Refugee Center, Mohammed Salameh, Federal Bureau of Investigation, Clement Rodney Hampton-El, Ali Mohamed, Calverton Shooting Range, El Sayyid Nosair, Mahmud Abouhalima

Timeline Tags: Complete 911 Timeline

In July 1990, the “Blind Sheikh,” Sheikh Omar Abdul-Rahman, was mysteriously able to enter the US and remain there despite being a well known public figure and being on a watch list for three years (see July 1990).
bullet In late October 1990, he travels to London, so he is out of the US when one of his followers assassinates the Zionist rabbi Meir Kahane on November 5, 1990 (see November 5, 1990). He returns to the US in mid-November under the name “Omar Ahmed Rahman” and again has no trouble getting back in despite still being on the watch list. [Washington Post, 7/13/1993]
bullet The State Department revokes his US visa on November 17 after the FBI informs it that he is in the US. [New York Times, 12/16/1990]
bullet In December 1990, Abdul-Rahman leaves the US again to attend an Islamic conference in Copenhagen, Denmark. He returns nine days later and again has no trouble reentering, despite not even having a US visa at this point. [Washington Post, 7/13/1993]
bullet On December 16, 1990, the New York Times publishes an article titled, “Islamic Leader on US Terrorist List Is in Brooklyn,” which makes his presence in the US publicly known. The Immigration and Nationalization Service (INS) is said to be investigating why he has not been deported already. [New York Times, 12/16/1990]
bullet Yet in April 1991, the INS approves his application for permanent residence.
bullet He then leaves the US again in June 1991 to go on the religious hajj to Mecca, Saudi Arabia, and returns on July 31, 1991. INS officials identify him coming in, but let him in anyway. [New York Times, 4/24/1993; Washington Post, 7/13/1993]
bullet In June 1992, his application for political asylum will be turned down and his permanent residence visa revoked. But INS hearings on his asylum bid are repeatedly delayed and still have not taken place when the WTC is bombed in February 1993 (see February 26, 1993). [Lance, 2003, pp. 105-106]
bullet Abdul-Rahman then goes to Canada around October 1992 and returns to the US yet again. The US and Canada claim to have no documentation on his travel there, but numerous witnesses in Canada see him pray and lecture there. Representative Charles Schumer (D-NY) says, “Here they spent all this time trying to get him out. He goes to Canada and gives them the perfect reason to exclude him and they don’t.”
bullet After the WTC bombing, the US could detain him pending his deportation hearing but chooses not to, saying it would be too costly to pay for his medical bills. [New York Times, 4/24/1993]
Abdul-Rahman will be involved in the follow up “Landmarks” plot (see June 24, 1993) before finally being arrested later in 1993. It will later be alleged that he was protected by the CIA. In 1995, the New York Times will comment that the link between Abdul-Rahman and the CIA “is a tie that remains muddy.” [New York Times, 10/2/1995]

Entity Tags: US Department of State, Meir Kahane, US Immigration and Naturalization Service, Omar Abdul-Rahman, Charles Schumer, Federal Bureau of Investigation, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Al-Qaeda operative Khalil Deek runs military training camps in Southern California in the early 1990s. Those trained in the camps include followers of the “Blind Sheikh,” Sheikh Omar Abdul-Rahman, and some of the people involved in the 1993 “Landmarks” plot (see June 24, 1993). Deek is a member of an al-Qaeda sleeper cell based in Orange County and has reportedly been under investigation by US intelligence since the late 1980s (see Late 1980s). Rita Katz, a private counterterrorism expert who sometimes works with US officials, will learn of these camps when speaking to an FBI agent in early 2002. According to Katz, she is told that the FBI had known about the camps for “years” but had not acted because of the “wall” between criminal and intelligence investigations. The FBI agent will tell Katz that the information about the camps was “Intel information. Unusable.” [Katz, 2003, pp. 186-187] Deek also attracts attention for his suspected involvement with Al-Gama’a al-Islamiyya, the militant group led by Abdul-Rahman, because of the group’s plans “to bomb a Masonic temple in Los Angeles.” [LA Weekly, 9/15/2005] Katz will conclude that “the FBI had learned that Deek was running military training camps for al-Qaeda in California and was planning to blow up various American targets. And the agency let these people go about their business undisturbed.” [Katz, 2003, pp. 186-187] Around the same time, Deek also works in Bosnia for a charity suspected of funneling weapons and new recruits to the mujaheddin fighting there (see Early 1990s). In late 1999, Deek will be captured overseas for participation in a planned millennium bombing (see December 11, 1999). It will later be alleged that he was a mole for the Jordanian government (see Shortly After December 11, 1999).

Entity Tags: Rita Katz, Khalil Deek, Al-Qaeda, Al-Gama’a al-Islamiyya, Federal Bureau of Investigation, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

Clement Rodney Hampton-El, one of the 1993 “Landmarks” bombers (see June 24, 1993), is summoned to the Saudi Embassy in Washington and told that wealthy Saudis are sponsoring fighters in Bosnia. Hampton-El has longstanding links to the International Islamic Relief Organization (IIRO), which is closely tied to the Saudi government (see October 12, 2001). He is given $150,000 to recruit and train people in the US to fight in Bosnia. [Schindler, 2007, pp. 121-122] He starts a militant training camp in Pennsylvania that same month (see December 1992-Early February 1993) and gets $150,000 overseas from a bin Laden linked charity front (it is not known if this is the same $150,000 or additional money) (see Late 1992-Early 1993). The Saudi embassy also introduces him to a radical imam named Bilal Philips. Philips, a Canadian citizen and author on Islamic topics, has been employed by the Saudi government since early 1991 to proselytize among US soldiers stationed in Saudi Arabia (see March-September 1991). Philips gives Hampton-El a list of likely candidates who are ex-US soldiers that Philips recently helped convert to Islam. [Schindler, 2007, pp. 121-122] That same month, 14 ex-US soldiers go to Bosnia to fight and train there (see December 1992-June 1993). They are led by double agent Ali Mohamed, who, like Hampton-El, is closely tied to the Al-Kifah Refugee Center in New York.

Entity Tags: Bilal Philips, Clement Rodney Hampton-El, Saudi Embassy (US)

Timeline Tags: Complete 911 Timeline

Mohammed Abouhalima.Mohammed Abouhalima. [Source: Corbis]Siddig Siddig Ali, Abdo Mohammed Haggag, Abu Ubaidah Yahya, Mohammed Abouhalima, and others train at a militant training camp in New Bloomfield, Pennsylvania, with weapons and ammunition provided by Yahya and Clement Rodney Hampton-El (see February 21, 1995). Abouhalima will later be convicted for a role in the 1993 WTC bombing, as will his brother (see February 26, 1993) while the others mentioned will be convicted for roles in the related “Landmarks” plot (see June 24, 1993). [USA v. Omar Ahmad Ali Abdel-Rahman et al, 7/13/1995, pp. 9] Yahya is the chief instructor, as he is an ex-US Marine who served two tours in Vietnam and teaches at a martial arts academy. Siddig Ali will later say of Yahya, “[H]e’s decorated and has a lot of medals… [and he was] a great trainer…” The training even includes mock nighttime assaults on a nearby electric power substation. [Kohlmann, 2004, pp. 73] An FBI informant named Garrett Wilson helps lead the FBI to the camp, and the FBI monitors it for two days, January 16 and 17, but the monitoring team is mysteriously pulled away before the end of the second day (see January 16-17, 1993). In a wiretapped conversation with an FBI informant (most likely Wilson), Siddig Ali says regarding the camp, “Our goal is that these people get extensive and very, very, very good training, so that we can get started at anyplace where jihad (holy war) is needed… And after they receive their training, they go to Bosnia… And whoever survives, I mean, could come and [instruct] somewhere else, or Egypt, or any other place, etc…” [Kohlmann, 2004, pp. 73] Hampton-El makes trips to Europe to pick up money from the Third World Relief Agency (TWRA) charity front to fund the camp (see Late 1992-Early 1993). TWRA is funneling huge amounts of weapons into Bosnia in violation of a UN embargo but with the tacit approval of the US (see Mid-1991-1996).

Entity Tags: Siddig Siddig Ali, Mohammed Abouhalima, Clement Rodney Hampton-El, Garrett Wilson, Abdo Mohammed Haggag, Abu Ubaidah Yahya, Third World Relief Agency

Timeline Tags: Complete 911 Timeline

In 2007, former CIA Director George Tenet will write, “As early as 1993, [the CIA] had declared bin Laden to be a significant financier backer of Islamic terrorist movements. We knew he was funding paramilitary training of Arab religious militants in such far-flung places as Bosnia, Egypt, Kashmir, Jordan, Tunisia, Algeria, and Yemen” (see July-August 1993). [Tenet, 2007, pp. 100]

Entity Tags: George J. Tenet, Osama bin Laden, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Clement Rodney Hampton-El.Clement Rodney Hampton-El. [Source: Jolie Stahl]FBI investigators begin monitoring Clement Rodney Hampton-El’s house in New York as they close in on the militants involved in the “Landmarks” plot (see June 24, 1993). They listen in on a call from Hampton-El’s right-hand man, Abu Ubaidah Yahya, as he is in Vienna, Austria, picking up money from the Third World Relief Agency (TWRA) for the militants in the US tied to the Landmarks plot. Over the next few months, Yahya is tracked as he makes several trips from the US to Vienna, picking up about $100,000. [Miller, Stone, and Mitchell, 2002, pp. 113] Hampton-El had also been in Vienna earlier in the year, picking up more money from TWRA for the plotters (see Late 1992-Early 1993). TWRA is funneling a huge amount of weapons to Muslim Bosnia in violation of a UN embargo but with the tacit approval of the US government (see Mid-1991-1996). It also has ties to radical militants like bin Laden and Sheikh Omar Abdul-Rahman. The Washington Post will later report that, “Intelligence agencies say they have tapes of telephone calls by Abdul-Rahman to [TWRA’s] office.” The “Landmarks” bombers are closely associated with Abdul-Rahman and will be convicted along with him. [Washington Post, 9/22/1996] A secret 1996 CIA report will state that “according to a foreign government service” Elfatih Hassanein, the head of TWRA, “supports US Muslim extremists in Bosnia.” [Central Intelligence Agency, 1/1996] But apparently the US does not go after TWRA for its ties to the “Landmarks” plotters and the connection will not be publicized for years.

Entity Tags: Federal Bureau of Investigation, Clement Rodney Hampton-El, Abu Ubaidah Yahya, Elfatih Hassanein, Third World Relief Agency

Timeline Tags: Complete 911 Timeline

In the wake of the 1993 WTC bombing (see February 26, 1993), Emad Salem is rehired as an FBI informant. Because Salem has the confidence of the group around the “Blind Sheikh” Omar Abdul-Rahman connected to the bombing, the FBI is so desperate to hire him back that they pay him over $1 million to return. It takes time for Salem to fully regain confidences, but on April 23, 1993, Siddig Siddig Ali approaches Salem and asks him to participate in a series of bombings that he is planning. Siddig Ali explains that he wants to simultaneously bomb four landmarks in New York City: the Lincoln and Holland tunnel, the United Nations headquarters, and the New York FBI office. This will later be known as the “Landmarks” plot. Siddig Ali later tells Salem that he has friends in the Sudanese Embassy who had approved the plan and are willing to help with diplomatic license plates and credentials. Wearing a wire, over the next weeks Salem meets and records others participating in the plot. Many of them, including Siddig Ali, attended a training camp the FBI briefly monitored back in January 1993 (see January 16-17, 1993). [Miller, Stone, and Mitchell, 2002, pp. 113-114] The FBI will expand its surveillance of the plotters and roll up the plot a couple of months later (see June 24, 1993). The US will later eject two Sudanese diplomats, Siraj Yousif and Ahmed Yousif Mohamed, for suspicions of involvement in the plot. Both are said to be intelligence agents posing as diplomats. Later in 1993, the US also places Sudan on a list of terrorist countries. [New York Times, 8/18/1993; New York Times, 4/11/1996]

Entity Tags: Ahmed Yousif Mohamed, Siraj Yousif, Federal Bureau of Investigation, Emad Salem, Siddig Siddig Ali

Timeline Tags: Complete 911 Timeline

Informant Emad Salem, pictured bent over in a green shirt, enables the FBI to take surveillance footage like this of the plotters making a bomb.Informant Emad Salem, pictured bent over in a green shirt, enables the FBI to take surveillance footage like this of the plotters making a bomb. [Source: National Geographic]Eight people are arrested, foiling a plot to bomb several New York City landmarks. The targets were the United Nations building, 26 Federal Plaza, and the Lincoln and Holland tunnels. This is known as the “Landmarks” or “Day of Terror” plot. The plotters are connected to Ramzi Yousef and the “Blind Sheikh,” Sheikh Omar Abdul-Rahman. If the bombing, planned for later in the year, had been successful, thousands would have died. An FBI informant named Emad Salem had infiltrated the group, gathering information that leads to arrests of the plotters (see April 23, 1993). [US Congress, 7/24/2003] Abdul-Rahman will eventually be sentenced to life in prison for a role in the plot. Nine others will be given long prison terms, including Ibrahim El-Gabrowny and Clement Rodney Hampton-El. [New York Times, 1/18/1996] Siddig Siddig Ali, who was possibly the main force behind the plot (see April 23, 1993), will eventually be sentenced to only 11 years in prison because he agreed to provide evidence on the other suspects [New York Times, 10/16/1999]

Entity Tags: Ramzi Yousef, Siddig Siddig Ali, Ibrahim El-Gabrowny, Clement Rodney Hampton-El, Emad Salem, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

In a July 1993 intelligence report, the CIA notes that Osama bin Laden has been paying to train members of the Egyptian militant group Al-Gama’a al-Islamiyya in Sudan, where he lives. The CIA privately concludes he is an important terrorist financier (see 1993). In August 1993, the State Department sees links between bin Laden and the “Blind Sheikh,” Sheikh Omar Abdul-Rahman (see August 1993), who leads Al-Gama’a al-Islamiyya and was recently arrested in the US (see July 3, 1993). A State Department report comments that bin Laden seems “committed to financing ‘Jihads’ against ‘anti-Islamic’ regimes worldwide.” [9/11 Commission, 7/24/2004, pp. 109, 479] In August 1993, the State Department also puts bin Laden on its no-fly watch list (see August 12, 1993 and Shortly Thereafter). However, US intelligence will be slow to realize he is more directly involved than just giving money. Some intelligence reports into 1997 will continue to refer to him only as a militant financier. [9/11 Commission, 7/24/2004, pp. 109, 479]

Entity Tags: Omar Abdul-Rahman, Al-Gama’a al-Islamiyya, Central Intelligence Agency, US Department of State, Osama bin Laden

Timeline Tags: Complete 911 Timeline

The “Blind Sheikh,” Sheikh Omar Abdul-Rahman, is arrested in Brooklyn after a long stand off. The “Landmarks” plot was rolled up on June 24, 1993, and many of Abdul-Rahman’s close associates were arrested on that day (see June 24, 1993). But Abdul-Rahman moved to the Abu Bakr mosque and stayed there. His presence in a mosque and the many supporters that gathered to surround it makes his arrest difficult. But after long negotiations, on July 3, 1993, he is arrested on immigration charges and taken to prison. [New York Times, 7/3/1993] He will later be charged with a role in the “Landmarks” plot and eventually sentenced to life in prison. [New York Times, 1/18/1996]

Entity Tags: Abu Bakr Mosque, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

After the “Blind Sheikh,” Sheikh Omar Abdul-Rahman, is arrested for his involvement in several bomb plots (see July 3, 1993), his New Jersey residence is searched by the FBI. A business card from Mohammed Jamal Khalifa, bin Laden’s brother-in-law, is found. Sixty-two thousand dollars in cash is also found in Abdul-Rahman’s briefcase, suggesting he is being well funded. [Lance, 2006, pp. 139]

Entity Tags: Mohammed Jamal Khalifa, Omar Abdul-Rahman, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

On August 12, 1993, the US officially designates Sudan to be a “state sponsor of terrorism.” Countries given this designation are subject to a variety of US economic sanctions. As of 2008, Sudan has yet to be removed from the US lists of terrorism sponsors. Osama bin Laden is living in Sudan at the time, and shortly after this designation is issued the State Department places bin Laden on its TIPOFF watch list. This is designed to prevent him from entering the US. [9/11 Commission, 7/24/2004, pp. 109; US Department of State, 7/17/2007] However, Britain apparently does not follow suit, because bin Laden will continue to make trips to Britain through 1996 (see Early 1990s-Late 1996).

Entity Tags: US Department of State, Osama bin Laden, TIPOFF, Sudan

Timeline Tags: Complete 911 Timeline

Mohammed Jamal Khalifa.Mohammed Jamal Khalifa. [Source: CBS News]Mohammed Jamal Khalifa, a brother-in-law to bin Laden, is arrested in the US. He is held for visa fraud, but he is believed to be a major terrorist. His arrest takes place at a Holiday Inn in Morgan Hill, California. [San Francisco Chronicle, 10/24/2001] That is only about 20 miles from Santa Clara, where double agent Ali Mohamed is running an al-Qaeda cell (see 1987-1998). Counterterrorism expert Steven Emerson will later say of Khalifa and Mohamed, “It seems to me that they were probably in contact. I’m basing that only intuitively on the fact that they were in the same area, they were close to bin Laden, and they would’ve had an incentive to stay together.” [Lance, 2006, pp. 167] According to one account, Khalifa is arrested on behalf of the government of Jordan, because he is on trial there. [San Francisco Chronicle, 10/24/2001] Another account claims that Philippine authorities “tipped off Federal authorities on Khalifa’s movements.” [Filipino Reporter, 4/27/1995] He is traveling on a Saudi passport. He’d flown into the US from London on December 1 and has papers indicating he would be heading back to the Philippines. [Lance, 2006, pp. 158-159] It has been claimed that the CIA helped him get his US visa (see December 1, 1994). There are many reasons for US authorities to suspect Khalifa is a major terrorist figure:
bullet He is arrested with Mohammed Loay Bayazid, one of the dozen or so original members of al-Qaeda. Bayazid had attempted to purchase nuclear material for bin Laden the year before (see December 16, 1994).
bullet Philippine investigators had recently completed a secret report on terrorist funding. The report focuses on Khalifa, and says his activities in the Philippines strongly link with Muslim extremist movements in Iraq, Jordan, Turkey, Russia, Malaysia, the United Arab Emirates, Romania, Lebanon, Syria, Pakistan, Albania, the Netherlands, and Morocco. It calls a charity which Khalifa runs a “pipeline through which funding for the local extremists is being coursed.” Perhaps not coincidentally, the report was released just one day before Khalifa’s arrest in the US (see December 15, 1994).
bullet His possessions, which are quickly examined and translated, include a handwritten manual in Arabic detailing how to set up a terrorist curriculum at a school in the Philippines, giving lessons in bomb-making and assassination. [San Francisco Chronicle, 10/24/2001]
bullet Khalifa’s business card was discovered in a search of the New York City residence of Sheikh Omar Abdul-Rahman in 1993 (see August 1993).
bullet He is an unindicted coconspirator in the “Landmarks” bombings plot, which would have killed thousands in New York City. The trial is getting underway at this time. Abdul-Rahman will be convicted and sentenced to over 300 years in prison (see June 24, 1993).
bullet A State Department cable from days after his arrest states Khalifa is a “known financier of terrorist operations and an officer of an Islamic NGO in the Philippines that is a known Hamas front.”
bullet An alias is found in his personal organizer that was also used in a bomb-making manual brought into the US by Ahmad Ajaj, Ramzi Yousef’s travel partner, when the two of them came to the US to implement the 1993 World Trade Center bombing (see September 1, 1992).
bullet Bojinka plotter Wali Khan Amin Shah’s phone number is found in Khalifa’s possessions. The Bojinka plot, if successful, also would have killed thousands (see January 6, 1995). [Lance, 2006, pp. 158-159]
bullet A number in Pakistan that Ramzi Yousef had used to call the Philippines is found as well. Author Peter Lance will later note that such numbers “should have led the FBI directly to Ramzi Yousef, the world’s most wanted man” at the time. [Lance, 2006, pp. 160]
However, despite this wealth of highly incriminating material, within weeks of his arrest the US will decide to deport him to Jordan (see January 5, 1995). Over the next four months, even more of his links to terrorist activity will be discovered (see Late December 1994-April 1995). But Khalifa will be deported anyway (see April 26-May 3, 1995), and then soon freed in Jordan (see July 19, 1995).

Entity Tags: Ramzi Yousef, Steven Emerson, US Department of State, Wali Khan Amin Shah, Philippines, Ahmad Ajaj, Peter Lance, Mohammed Loay Bayazid, Ali Mohamed, Osama bin Laden, Federal Bureau of Investigation, Mohammed Jamal Khalifa, Jordan, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

Sections of the unindicted co-consiprator list for the “Landmarks” plot trial. Osama bin Laden is 95 and Ali Mohamed is 109.Sections of the unindicted co-consiprator list for the “Landmarks” plot trial. Osama bin Laden is 95 and Ali Mohamed is 109. [Source: National Geographic]In February 1995, the US government files a confidential court document listing bin Laden and scores of other people as possible co-conspirators in the 1993 New York City “Landmarks” plot (see June 24, 1993). Ali Mohamed’s name is on the list, confirming that investigators are aware of his involvement in al-Qaeda operations. Yet he continues to live openly in California. Mohamed obtains the document, though it is not clear how he obtained it. [9/11 Commission, 6/16/2004; 9/11 Commission, 7/24/2004, pp. 472] US prosecutor Patrick Fitzgerald will later state that when Mohamed’s California residence is finally searched in 1998 (see August 24, 1998), investigators discover “a sensitive sealed document from the trial of Sheik Omar Abdul Rahman with notations indicating that [he sent it] to the head of the Kenyan al-Qaeda cell for delivery to bin Laden. I shudder to think of the people who may read this statement and where it may be found some day.” [9/11 Commission, 6/16/2004] A later government indictment will say that Mohamed sent the list to Wadih El-Hage in Kenya who was told to hand deliver it to bin Laden in Afghanistan. [Washington Post, 8/1/1999] If that is not enough to prove Mohamed’s duplicity, when El-Sayyid Nosair is defended in this trial, Nosair’s lawyers will expose more evidence about Mohamed. They argue that Nosair’s activities were part of a US-sponsored covert operation to train and arm the mujaheddin. They argue that Mohamed was the key link in this operation, and present evidence and witnesses showing how Mohamed trained the bomb plotters in 1989 (see July 1989). They mention the classified military manuals that Mohamed stole and gave the group (see November 5, 1990). Mohamed’s name and role in these activities come out publicly during the trial, and the Washington Post reports in 1998 that after hearing this testimony,“the FBI began to focus on Mohamed as a potential terrorism suspect.” Yet both US intelligence and al-Qaeda apparently continue to work with him. [New York Times, 10/30/1998; New York Times, 10/31/1998]

Entity Tags: Wadih El-Hage, Patrick J. Fitzgerald, Osama bin Laden, United States, Ali Mohamed, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

A Boston Globe article publicly exposes Ali Mohamed, calling him “a shadowy individual described by defense attorneys as a key figure in the largest terrorism trial in US history.” The trial is the prosecution of Sheikh Omar Abdul-Rahman and others for the 1993 “Landmarks” bombing plot (see June 24, 1993). The Globe article notes that Mohamed was in the US Special Forces and connects him to both Abdul-Rahman’s radical militant group and the CIA. A senior US official claims that Mohamed’s “presence in the country is the result of an action initiated by [the CIA].” The article further states, “Senior officials say Mohamed, who is of Egyptian origin, benefited from a little known visa-waiver program that allows the CIA and other security agencies to bring valuable agents into the country, bypassing the usual immigration formalities. Intelligence sources say that waivers are controlled by the CIA’s Department of Operations, the clandestine side of the agency, and have been used ‘sparingly’ in recent years. Waivers are generally used to bring into the country people who have served the agency in sensitive positions overseas. They come here, an intelligence officer said, because they fear for their lives, have been promised asylum in return for cooperation, or need to be debriefed after an operation.” According to the article, “Mohamed dropped out of sight several years ago, and his whereabouts remain unknown.” But in fact, the FBI interviewed him three months earlier and remains aware of his whereabouts (see December 9, 1994). Mohamed will continue to work with al-Qaeda despite this exposure. [Boston Globe, 2/3/1995]

Entity Tags: Central Intelligence Agency, Omar Abdul-Rahman, Ali Mohamed

Timeline Tags: Complete 911 Timeline

Defense counsel for El Sayyid Nosair, one of the militants accused in the “Landmarks” bomb plot (see June 24, 1993) along with the “Blind Sheikh,” Sheikh Omar Abdul Rahman, applies for a missing witness instruction for double agent Ali Mohamed. The counsel, Roger Stavis, believes that it would benefit his client to have Mohamed testify, because Mohamed worked for militants connected to Abdul-Rahman as well as the FBI (see 1990), CIA (see 1984), and US army (see 1986). Therefore, Stavis might be able to use Nosair’s connection with Mohamed to convince the jury that Nosair was acting on the instructions of an agent of the US government. Stavis has been attempting to contact Mohamed with no success for some time, although the prosecution is in contact with him where he lives in California (see December 1994-January 1995). Under federal law, a trial judge can give a missing witness instruction if one party at a trial wants a witness to testify but cannot find him, whereas the other party can find him but does not seem to want him to testify. Based on such an instruction, the jury can then decide that the party that could find him, but did not get him to testify, did so deliberately because it thought the testimony would be damaging to it. Author Peter Lance will later comment that, given the circumstances, “Stavis had every right to expect that jury charge,” but Judge Michael Mukasey merely responds, “I don’t think a missing witness charge on that gentleman is warranted and I am not going to give one.” Lance will comment that by failing to grant the missing witness instruction, Mukasey helps “bury the significance” of Mohamed, and conceal his role in Islamic militancy from the public. [Lance, 2006, pp. 208; Raw Story, 9/25/2007] President Bush will later appoint Mukasey to be the US attorney general (see November 8, 2007).

Entity Tags: Michael Mukasey, El Sayyid Nosair, Peter Lance, Roger Stavis, Ali Mohamed

Timeline Tags: Complete 911 Timeline

Nawaf Alhazmi’s USA ID card, recovered from the Pentagon crash site.Nawaf Alhazmi’s USA ID card, recovered from the Pentagon crash site. [Source: US District Court for the Eastern District of Virginia, Alexandria Division] (click image to enlarge)Khalid Almihdhar obtains a fake USA ID card from forger Mohamed el-Atriss. Abdulaziz Alomari also obtains fake ID, an international driver’s license, from el-Atriss, and some of the other hijackers may do as well. [National Public Radio, 8/20/2002; New York Times, 6/25/2003; Lance, 2006, pp. 372-3; Bergen Record, 9/11/2006] USA ID cards are not issued by governmental organizations, as are passports and driver’s licenses, for example. They are marketed by the manufacturer as being suitable for frequent customers to small businesses, such as VIP diners at a restaurant, gym members, and visitors to a check cashing store. [Usaidsystems (.com), 7/1/2007] El-Atriss, who is called seven times by Hani Hanjour and also by another unknown hijacker, is an associate of Waleed al-Noor, a co-conspirator in the 1993 ‘Landmarks’ bomb plot (see June 24, 1993), and will be sentenced to six months in jail after 9/11 despite being of assistance to the FBI (see Before September 11, 2001, September 13, 2001-Mid 2002, and November 2002-June 2003). [Associated Press, 7/3/2003; Lance, 2006, pp. 372-3; Bergen Record, 9/11/2006] An image of Almihdhar’s card, which gives his address as a hotel where he stayed for two nights after returning to the US a few days before, will be reproduced in the 9/11 Commission’s Terrorism Travel Monograph, but the Commission will fail to point out it was a fake. [9/11 Commission, 8/21/2004, pp. 192 pdf file; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 52 pdf file] Five other hijackers obtain USA ID cards around this time: Nawaf Alhazmi, Salem Alhazmi, Abdulaziz Alomari, Majed Moqed, and Ahmed Alghamdi. [9/11 Commission, 8/21/2004, pp. 27-29, 31-32, 34-44 pdf file] Almihdhar’s card is similar to some of these hijackers’ USA ID cards, indicating they may also be fake, although this is not certain. Nawaf Alhazmi’s USA ID card contains the same hotel address and the same expiry date as Almihdhar’s card. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006] Salem Alhazmi’s card contains the same expiry date, indicating it was issued at a time Salem Alhazmi was out of the country (see April 23-June 29, 2001). In addition, the serial numbers are similar: the number of Salem Alhazmi’s card, which was supposedly issued on July 1 or 2, is 3408826-A, whereas the number of Almihdhar’s card, which the 9/11 Commission says was issued eight or nine days later, is 3408825-A. [9/11 Commission, 8/21/2004, pp. 192 pdf file; Time, 8/29/2005] The fake document for Alomari is purchased from el-Atriss’ All Service Plus business in Paterson, New Jersey, by fellow hijacker Nawaf Alhazmi. [CBS News, 7/31/2002; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 61 pdf file; Bergen Record, 9/11/2006]

Entity Tags: Khalid Almihdhar, Abdulaziz Alomari, Majed Moqed, Mohamed el-Atriss, Salem Alhazmi, Ahmed Alghamdi, Nawaf Alhazmi, Hani Hanjour

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Sphinx Trading sign.The Sphinx Trading sign. [Source: National Geographic]Some of the 9/11 hijackers rent mailboxes from a company called Sphinx Trading, which was also used by ‘Blind Sheikh’ Omar Abdul-Rahman and at least one of his associates. The mailboxes are located in Jersey City, New Jersey, four doors down from the mosque where Abdul-Rahman was imam in the early 1990s. El Sayyid Nosair, who assassinated Rabbi Meir Kahane and was linked to the Islamic militant cell Abdul-Rahman headed (see November 5, 1990 and December 7, 1991), also had a mailbox there before he was arrested in 1990. Sphinx Trading is owned by Waleed al-Noor, who was named an unindicted co-conspirator at the ‘Landmarks’ bomb plot trial (see June 24, 1993). The hijackers will later obtain fake IDs from al-Noor’s partner, Mohamed el-Atriss. The names of the hijackers who had mailboxes there are never given, but in the summer of 2001 el-Atriss interacts with hijackers Nawaf Alhazmi, Abdulaziz Alomari, Khalid Almihdhar, and Hani Hanjour (see (July-August 2001)), at least. [New York Times, 6/25/2003; Newark Star-Ledger, 10/20/2003; Lance, 2006, pp. 372-4; Bergen Record, 9/11/2006] An FBI agent will later comment: “The fact that this location was where Almihdhar, in particular, got his bogus credentials, is not only shocking, it makes me angry. The [Joint Terrorist Task Force] in the [New York Office] had this location back in 1991. In the mid-90s they listed al-Noor, the coowner, as a coconspirator, unindicted in the plot to blow up bridges and tunnels. And now we find out that this is the precise location where the most visible of all the hijackers in the US got his ID? Incredible. All the Bureau’s New York Office had to do was sit on that place over the years and they would have broken right into the 9/11 plot.” [Lance, 2006, pp. 373]

Entity Tags: Hani Hanjour, El Sayyid Nosair, Waleed al-Noor, Sphinx Trading, Omar Abdul-Rahman, Nawaf Alhazmi, Mohamed el-Atriss, Khalid Almihdhar, Abdulaziz Alomari

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Patrick J. Fitzgerald is confirmed as US Attorney for the Northern District of Illinois, centering in Chicago. Senator Peter Fitzgerald (R-IL—no relation to Patrick Fitzgerald) nominated Fitzgerald for the position because he felt Fitzgerald, a native New Yorker and veteran prosecutor with no ties to Chicago, would be less likely to become corrupted by what he thought to be the “Chicago Democrat machine.” Fitzgerald had come highly recommended by, among others, Louis Freeh, then the director of the FBI. White House political chief Karl Rove later says that he did not oppose Fitzgerald’s nomination, though he was somewhat disturbed by Senator Fitzgerald’s insistence on the nomination. Rove will recall: “Senator Fitzgerald’s attitude was: ‘I’m not going to submit multiple names. I will take only one name, and this is all that is going to be acceptable.’ And we asked him to submit multiple names, and we also asked him to think about people from within the districts. Our predilection was to have people from within the district selected. We thought it, you know, encouraged a civic-minded attitude among lawyers. It made certain that you had some fresh blood that would flow in. If you pick people from outside the district, they tend to be career prosecutors. And Senator Fitzgerald was particularly unimpressed by this. He said that, in Chicago, the politics in Chicago were such that no US Attorney from Chicago could exist without being subverted by the political influence peddlers in Chicago, that they would be bought off by the big law firms and the Chicago Democrat machine. And so he was going to only provide us one name for each, the Northern District and the Southern District. Following my very effective telephone conversation with him, he responded by going out and announcing to the press that the president was nominating his two names from the Northern and Southern Districts.” Rove will say that he did not oppose Fitzgerald’s nomination, and it would not have been proper for him to do so: “That wasn’t mine—once that conversation was over, it wasn’t mine to have an opinion. I believe the president has a right to appoint. And that means that senators have, by tradition, the right to recommend. But they are usurping a presidential right when they go out and name the nominee before the president has even had a chance to evaluate multiple names and settle on who he wants and do the necessary staff work to arrive at it. Fortunately, Senator Fitzgerald recommended two good names, and both of them worked out. But it was an unusual process that involved, in my opinion, a congressional usurpation of a presidential power.” Senator Fitzgerald will later say that Rove told him the selection of Patrick Fitzgerald “ticked off the [Illinois Republican] base,” a statement Rove will call “inaccurate.… I chalk it up to an overactive imagination.” Rove will go on to imply, without directly saying, that US Attorney Fitzgerald prosecutes Governor George Ryan (R-IL) as something of a political favor to Senator Fitzgerald, as the governor and the senator are political rivals within the Illinois Republican Party. Experienced in prosecuting high-profile terrorism cases (see January 1996), Fitzgerald will go on to chair the terrorism subcommittee of the Attorney General’s Advisory Committee (AGAC) and later become special counsel for the Lewis Libby leak investigation (see December 30, 2003). [The American Lawyer, 12/11/2008; US House of Representatives, Committee on the Judiciary, 7/7/2009 pdf file]

Entity Tags: Patrick J. Fitzgerald, George Ryan, Louis J. Freeh, Peter Fitzgerald, Karl C. Rove

Timeline Tags: Civil Liberties

Robert Novak.Robert Novak. [Source: MediaBistro (.com)]Conservative columnist Robert Novak, after being told by Deputy Secretary of State Richard Armitage and White House political guru Karl Rove that Valerie Plame Wilson is a CIA officer (see July 8, 2003), writes a syndicated op-ed column that publicly names her as a CIA officer. The column is an attempt to defend the administration from charges that it deliberately cited forged documents as “evidence” that Iraq had tried to purchase uranium from Niger (see July 6, 2003). It is also an attempt to discredit Joseph Wilson, Plame Wilson’s husband, who had gone to Niger at the behest of the CIA to find out whether the Iraq-Niger story was true (see 11:00 a.m. July 11, 2003). Novak characterizes Wilson’s findings—that an Iraqi deal for Nigerien uranium was highly unlikely—as “less than definitive,” and writes that neither CIA Director George Tenet nor President Bush were aware of Wilson’s report before the president’s 2003 State of the Union address where he stated that Iraq had indeed tried to purchase uranium from Niger (see 9:01 pm January 28, 2003). Novak writes: “Wilson never worked for the CIA, but his wife, Valerie Plame, is an agency operative on weapons of mass destruction. Two senior administration officials [Armitage and Rove, though Novak does not name them] told me that Wilson’s wife suggested sending him to Niger to investigate the Italian report. The CIA says its counterproliferation officials selected Wilson and asked his wife to contact him. ‘I will not answer any question about my wife,’ Wilson told me.” Wilson’s July 6 op-ed challenging the administration’s claims (see July 6, 2003) “ignite[d] the firestorm,” Novak writes. [Town Hall (.com), 7/14/2003; Unger, 2007, pp. 312-313] Novak also uses the intelligence term “agency operative,” identifying her as a covert agent and indicating that he is aware of her covert status. Later, though, Novak will claim that he came up with the identifying phrase independently, and did not know of her covert status. [American Prospect, 7/19/2005]
Asked Not to Print Plame Wilson's Name - Novak will later acknowledge being asked by a CIA official not to print Plame Wilson’s name “for security reasons.” Intelligence officials will say they thought Novak understood there were larger reasons than Plame Wilson’s personal security not to publish her name. Novak will say that he did not consider the request strong enough to follow (see September 27, 2003 and October 1, 2003). [Washington Post, 9/28/2003] He will later reveal the CIA official as being agency spokesman Bill Harlow, who asked him not to reveal Plame’s identity because while “she probably never again will be given a foreign assignment… exposure of her agency identity might cause ‘difficulties’ if she travels abroad.” In 2008, current White House press secretary Scott McClellan will write: “This struck Novak as an inadequate reason to withhold relevant information from the public. Novak defended his actions by asserting that Harlow had not suggested that Plame or anybody else would be endangered, and that he learned Plame’s name (though not her undercover identity) from her husband’s entry in the well-known reference book Who’s Who in America.” [McClellan, 2008, pp. 173-174] McClellan will note, “Whether war, smear job, or PR offensive gone haywire, the CIA took the leak of Plame’s name very seriously.” [McClellan, 2008, pp. 174]
Plame Wilson Stricken - According to Wilson’s book The Politics of Truth, his wife’s first reaction is disbelief at Novak’s casual destruction of her CIA career. “Twenty years of loyal service down the drain, and for what?” she asks. She then makes a checklist to begin assessing and controlling the damage done to her work. She is even more appalled after totalling up the damage. Not only are the lives of herself and her family now endangered, but so are those of the people with whom she has worked for 20 years (see July 14, 2003). [New York Times, 5/12/2004] In 2005, Joseph Wilson will tell a reporter: “[Y]ou can assume that even if 150 people read the Novak article when it appeared, 148 of them would have been the heads of intelligence sections at embassies here in Washington and by noon that day they would have faxing her name or telexing her name back to their home offices and running checks on her: whether she had ever been in the country, who she may have been in contact with, etc.” [Raw Story, 7/13/2005]
Intimidation of Other Whistle-Blowers? - In 2007, author Craig Unger will write: “The implication from the administration was that the CIA’s selection of Wilson was somehow twisted because his wife was at the CIA. But, more importantly, the administration had put out a message to any and all potential whistle-blowers: if you dare speak out, we will strike back. To that end, the cover of Valerie Plame Wilson, a CIA operative specializing in WMD, had been blown by a White House that was supposedly orchestrating a worldwide war against terror.” [Unger, 2007, pp. 312-313]
Outing about Iraq, Not Niger, Author Says - In 2006, author and media critic Frank Rich will write: “The leak case was about Iraq, not Niger. The political stakes were high only because the scandal was about the unmasking of an ill-conceived war, not the unmasking of a CIA operative who posed for Vanity Fair. The real victims were the American people, not the Wilsons. The real culprits—the big enchilada, in John Ehrlichman’s Nixon White House lingo—were not the leakers but those who provoked a war in Iraq for their own motives and in so doing diverted finite resources, human and otherwise, from the fight against those who did attack America on 9/11, and had since regrouped to deadly effect.… Without Iraq, there never would have been a smear campaign against an obscure diplomat or the bungled cover-up [that followed]. While the Bush White House’s dirty tricks, like [former President] Nixon’s, were prompted in part by a ruthless desire to crush the political competition at any cost, this administration had upped the ante by playing dirty tricks with war.” [Rich, 2006, pp. 184]
Elevating Profile of Controversy - In 2008, McClellan will write, “By revealing Plame’s status, Novak inadvertently elevated the Niger controversy into a full-blown scandal.” [McClellan, 2008, pp. 173]

Entity Tags: Scott McClellan, Robert Novak, Valerie Plame Wilson, Richard Armitage, George J. Tenet, Joseph C. Wilson, Bill Harlow, Bush administration (43), Karl C. Rove, Central Intelligence Agency, Frank Rich, George W. Bush, Craig Unger

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The Justice Department authorizes the FBI to open a criminal investigation into leaks of CIA agent Valerie Plame Wilson’s covert identity by sources within the Bush administration (see July 14, 2003, July 30, 2003, and September 16, 2003). [MSNBC, 2/21/2007; Washington Post, 7/3/2007] The investigation is headed by the Justice Department’s counterespionage chief, John Dion. [Vanity Fair, 1/2004]
Questions of Impartiality - Dion is a veteran career prosecutor who has headed the counterespionage section since 2002. He will rely on a team of a half-dozen investigators, many of whom have extensive experience in investigating leaks. However, some administration critics are skeptical of Dion’s ability to run an impartial investigation: he will report to the Justice Department’s Robert McCallum, who is an old friend and Yale classmate of President Bush. Both Bush and McCallum were members of the secret Skull & Bones Society at Yale. Others believe the investigation will be non-partisan. “I believe that the career lawyers in Justice—the people who preceded [Attorney General] John Ashcroft and who will be there after he leaves—will do a nonpolitical investigation, an honest investigation,” says legal ethics specialist Stephen Gillers. “Ashcroft’s sole job is to stay out of it.” [Associated Press, 10/2/2003; Los Angeles Times, 10/2/2003]
CIA Director Filed Request - The request for an investigation (see September 16, 2003) was filed by CIA Director George Tenet; a CIA official says Tenet “doesn’t like leaks.” White House press secretary Scott McClellan says he knows of no leaks about Wilson’s wife: “That is not the way this White House operates, and no one would be authorized to do such a thing. I don’t have any information beyond an anonymous source in a media report to suggest there is anything to this. If someone has information of this nature, then he or she should report it to the Department of Justice.” McClellan calls Joseph Wilson’s charges that deputy White House chief of staff Karl Rove leaked his wife’s name (see August 21, 2003) “a ridiculous suggestion” that is “simply not true.” A White House official says that two administration sources (later revealed to be Rove and Deputy Secretary of State Richard Armitage—see June 13, 2003, July 8, 2003, and 11:00 a.m. July 11, 2003) leaked Plame Wilson’s name to six separate journalists (see Before July 14, 2003). The White House is notoriously intolerant of leaks, and pursues real and supposed leakers with vigor. Wilson says that if the White House did indeed leak his wife’s name, then the leak was part of what he calls “a deliberate attempt on the part of the White House to intimidate others and make them think twice about coming forward.” [Washington Post, 9/28/2003]
White House, Democrats Respond - National Security Adviser Condoleezza Rice says that the White House is willing to have the Justice Department investigate the charges. “I know nothing of any such White House effort to reveal any of this, and it certainly would not be the way that the president would expect his White House to operate,” she tells Fox News. “My understanding is that in matters like this, a question like this is referred to the Justice Department for appropriate action and that’s what is going to be done.” However, some Democrats want more. Senator Charles Schumer (D-NY) says the Justice Department should appoint a special counsel to investigate the charges, since the department has an inherent conflict of interest: “I don’t see how it would be possible for the Justice Department to investigate whether a top administration official broke the law and endangered the life of this agent (see July 21, 2003). Even if the department were to do a thorough and comprehensive investigation, the appearance of a conflict could well mar its conclusions.… Leaking the name of a CIA agent is tantamount to putting a gun to that agent’s head. It compromises her safety and the safety of her loved ones, not to mention those in her network of intelligence assets. On top of that, it poses a serious threat to the national security of this nation.” Representative Richard Gephardt (D-MO) says the White House should find out who is responsible for the leak, and Congress should investigate the matter as well. [Washington Post, 9/28/2003; Fox News, 9/29/2003]
FBI Will Acknowledge Investigation - The FBI officially acknowledges the investigation on September 30 (see September 30, 2003), and informs the White House of the investigation. [New York Times, 2006]

Entity Tags: Richard Gephardt, Karl C. Rove, Richard Armitage, Stephen Gillers, US Department of Justice, Joseph C. Wilson, Valerie Plame Wilson, Scott McClellan, John Dion, Robert McCallum, George W. Bush, Charles Schumer, Condoleezza Rice, Bush administration (43), George J. Tenet, Federal Bureau of Investigation, John Ashcroft

Timeline Tags: Niger Uranium and Plame Outing

Scott McClellan and Karl Rove.Scott McClellan and Karl Rove. [Source: Doug Mills / New York Times]Newly promoted White House press secretary Scott McClellan takes part in his first truly contentious White House press briefing. He will later recall feeling “well prepared,” both from the morning’s less formal “press gaggle” and from a prebriefing preparation session with his staff. He has confirmed from President Bush and White House chief of staff Andrew Card that the White House had no involvement in the Plame Wilson leak (see September 29, 2003). McClellan is authorized to say that anyone involved in the leak “would no longer be in this administration”; Bush has said, “I would fire anybody involved.” McClellan will later write, “I had his full, unequivocal approval.” Bush has also reminded McClellan to ask reporters to come forward if they know who the leakers are. [McClellan, 2008, pp. 187-189]
Leakers 'Would No Longer Be Part of This Administration' - During the briefing, McClellan says that it is “simply not true” that White House political adviser Karl Rove is involved in the leak of CIA agent Valerie Plame Wilson’s identity (see September 26, 2003 and September 27, 2003). He says, after frequent questioning about Bush being “passive” about the possibility of criminal activities in the White House, “If anyone in this administration was involved in it, they would no longer be in this administration.” [White House, 9/29/2003; New York Times, 2006]
Denying Rove's Involvement - McClellan denies again and again that Rove or any other White House official leaked Plame Wilson’s identity to the press. “[T]hat is not the way this White House operates,” he says. “The president expects everyone in his administration to adhere to the highest standards of conduct. No one would be authorized to do such a thing. Secondly, there—I’ve seen the anonymous media reports, and if I could find out who ‘anonymous’ was, it would make my life a whole lot easier.… [A]nyone—anyone—who has information relating to this should report that information to the Department of Justice.” The only information suggesting White House involvement has come from the media, McClellan says. A reporter asks McClellan about his statement earlier in the day that “the president knows” Rove did not leak Plame Wilson’s name. McClellan says: “I’ve said that it’s not true. And I have spoken with Karl Rove.… [Bush is] aware of what I’ve said, that there is simply no truth to that suggestion. And I have spoken with Karl about it.” When pressed about discussing the matter with Rove, McClellan adds, somewhat contradictorily: “I’ve known Karl for a long time, and I didn’t even need to go ask Karl, because I know the kind of person that he is, and he is someone that is committed to the highest standards of conduct.… I have spoken with Karl about this matter and I’ve already addressed it.” McClellan refuses to answer repeated questions about any possible White House investigations or attempts to find the leakers, repeating his answer that any such investigation is a task best left to the Justice Department and repeatedly asking reporters if they have any information about the leaks. He dodges repeated questions about the possibility of Attorney General John Ashcroft appointing a special counsel to investigate the leaks (see December 30, 2003). [White House, 9/29/2003]
'Aggressive' Push Back against Reporters' 'Assumptions' and 'Challenges' - McClellan will later describe his performance at the briefing as “push[ing] back aggressively on assumptions embedded in the questions, and challeng[ing] reporters to produce information suggesting that White House aides were responsible for the leak.” He will write: “Those last words [the statement that anyone caught leaking information ‘would no longer be part of this administration’] would get plenty of media play over the next few years, particularly as important information came to light. With the president’s approval and his oft-stated commitment to honor and integrity embedded in my mind, I could not have been more confident in what I said.” The post-briefing critique with his staff, he will recall, is “very positive.” [McClellan, 2008, pp. 187-189]

Entity Tags: Bush administration (43), Karl C. Rove, Scott McClellan, Andrew Card, John Ashcroft, US Department of Justice, Valerie Plame Wilson, George W. Bush

Timeline Tags: Niger Uranium and Plame Outing

The FBI publicly acknowledges that it has opened an investigation into the Valerie Plame Wilson identity leak (see September 26, 2003). The White House directs its staff to fully cooperate with the investigation (see September 29-30, 2003). President Bush tells the press: “If there is a leak out of my administration, I want to know who it is. And if the person has violated the law, he will be taken care of.” [New York Times, 9/30/2003; New York Times, 2006] (In White House press secretary Scott McClellan’s later recollection, “he’d made clear that if anyone in his administration had been responsible for the leak, he or she would have to leave.”) [McClellan, 2008, pp. 216] Bush says there are “just too many leaks” from both the White House and Congress. The Justice Department instructs the White House, through White House counsel Alberto Gonzales, to preserve all records relating to the case, including any involving contacts with columnist Robert Novak (who first publicly outed Plame Wilson—see July 14, 2003), and two Newsday reporters, Timothy Phelps and Knut Royce (see September 30, 2003). Phelps and Royce wrote a July 2003 article claiming that “intelligence officials” had confirmed and expanded on Novak’s identification of Plame Wilson, and stated that Plame Wilson worked for the CIA in “an undercover capacity” (see July 21, 2003). Bush tells reporters that he is “absolutely confident that the Justice Department will do a very good job” of investigating the case, indicating that he will not support calls for an outside special counsel to take over the probe. The Justice Department has not ruled out asking for a special counsel, though Attorney General John Ashcroft says his department is more than capable of handling the investigation itself. Democrats say that Ashcroft’s Justice Department should not conduct any such investigation because of Ashcroft’s close connections to White House personnel who may be involved in the leak, such as White House political adviser Karl Rove. At a fundraising luncheon, Bush indirectly dismisses the controversy over the Plame Wilson outing as part of the “needless partisan bickering that dominates the Washington, DC, landscape.” A Republican source close to the White House tells the New York Times that the investigation will blow over within a matter of days. “The general view inside the White House among senior staff is that this is going to create a few rocky political days, that it’s mainly the Democrats pushing it and that if all the Republicans stay on board, the story goes away,” the source says. [New York Times, 9/30/2003; New York Times, 2006] Plame Wilson’s husband, former ambassdor Joseph Wilson, will later call this an “absurdly broad net, as there were only a very small number of people in the administration whose responsibilities overlap the national security and the political arenas, the best pool of possible suspects in which to start looking.” Wilson will note, “If the president really wanted to ‘come to the bottom of this,’ as he claimed to reporters on October 7 (see October 7, 2003), he could have acted like the strong chief executive he claims to be and brought his senior people into a room and demanded that they produce the leaker.” [Wilson, 2004, pp. 399]

Entity Tags: Joseph C. Wilson, Federal Bureau of Investigation, Bush administration (43), Alberto R. Gonzales, John Ashcroft, Valerie Plame Wilson, US Department of Justice, Timothy Phelps, Scott McClellan, Knut Royce, Robert Novak, Karl C. Rove, George W. Bush

Timeline Tags: Niger Uranium and Plame Outing

FBI agents investigating the Plame Wilson identity leak inform Attorney General John Ashcroft that they believe White House political strategist Karl Rove and conservative columnist Robert Novak may be conspiring to hide the truth behind Rove’s involvement in the leak. They also inform Ashcroft that they believe Lewis Libby, the chief of staff to Vice President Dick Cheney, has lied to FBI investigators about his role in leaking Plame Wilson’s identity to the press. Although it is unclear who provides this briefing to Ashcroft, he is usually briefed on the status of the investigation by John Dion, the head of the FBI investigation, and Christopher Wray, the assistant attorney general in charge of the criminal division. [National Journal, 5/25/2006; National Journal, 6/8/2006]
Novak's Attempt to Protect Rove - They inform Ashcroft of a telephone conversation between Rove and Novak, in which Novak promised to protect Rove from the FBI investigation, presumably by either refusing to disclose him as a source of his knowledge of Plame Wilson’s identity (see September 29, 2003) or lying to investigators. Although Ashcroft receives routine briefings on the status of the FBI investigation, the bureau considers this important enough to warrant a special briefing for him on the matter. The FBI believes that after the conversation with Rove, Novak did indeed change his story about the leak, characterizing White House officials’ role in it as entirely passive. A week after Novak publicly outed Plame Wilson, he told reporters that he didn’t “dig out” the Plame Wilson information, but rather “it was given to me.… They thought it was significant. They gave me the name, and I used it” (see July 21, 2003). This account suggests that Rove was actively trying to expose Plame Wilson as a CIA officer, as reporter Murray Waas will later write. But the same day he spoke with Rove, Novak provided a different story, saying no one at the White House gave him the information (see September 29, 2003). Novak’s first story fits more closely with accounts later given by reporters such as Time’s Matthew Cooper (see July 13, 2005) and the New York Times’s Judith Miller (see September 30, 2005). [National Journal, 5/25/2006]
Libby's Lies to FBI - The FBI also informs Ashcroft that it has acquired evidence—personal notes from Libby—that contradicts Libby’s assertions that he learned of Plame Wilson’s identity from journalists (see October 14, 2003). Libby also told investigators that he had merely considered the information about Plame Wilson’s covert CIA status “unsubstantiated rumors” when he leaked that information to reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, Late Afternoon, July 12, 2003, and 2:24 p.m. July 12, 2003), another lie. [National Journal, 6/8/2006]
Ashcroft Declines to Recuse Himself - Ashcroft will recuse himself from participation in the investigation in December, in part because of the potential of a conflict of interest stemming from his previous relationship with Rove (see December 30, 2003) as well as other White House officials. Some FBI investigators believe that he should have recused himself as soon as he learned that Rove and Libby were possibly involved in the leak; some have also noted privately that many of Ashcroft’s top aides came from the Republican National Committee (RNC), which they suspect has been working closely with the White House to pressure Ashcroft not to name a special prosecutor. In 2006, law professor Stephen Gillers will say: “There is always going to be an interim period during which you decide you will recuse or not recuse. But [Ashcroft] should have had an ‘aha!’ moment when he learned that someone, figuratively, or in this case literally, next door to the president of the United States—who was Ashcroft’s boss—was under suspicion.” Ashcroft’s spokesman Mark Corallo has explained that Ashcroft declined to recuse himself because of his intense interest in the probe. Corallo will later become the spokesman for Rove. Fellow law professor Charles Wolfram, like Gillers a specialist in legal ethics, agrees with Gillers. In 2006, Wolfram says the “most distressing” ethical aspect of the case is that Ashcroft continued overseeing the probe even after Cheney’s name arose. “This should have been a matter of common sense,” Wolfram will note. Ashcroft “should have left it to career prosecutors whether or not to go after politically sensitive targets. You can’t have Ashcroft investigate the people who appointed him or of his own political party.” [National Journal, 6/8/2006]

Entity Tags: Karl C. Rove, Christopher Wray, Charles Wolfram, Federal Bureau of Investigation, John Dion, Richard (“Dick”) Cheney, Mark Corallo, Stephen Gillers, John Ashcroft, Murray Waas, Lewis (“Scooter”) Libby, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

January 2004: Fitzgerald Seats Grand Jury

Special prosecutor Patrick Fitzgerald, investigating the Valerie Plame Wilson identity leak (see December 30, 2003), empanels a grand jury. Among the White House officials testifying before the jury will be President Bush, Vice President Dick Cheney, chief of staff Andrew Card, deputy chief of staff Karl Rove, National Security Adviser Stephen Hadley, Bush’s communications assistants Dan Bartlett and Karen Hughes, former Cheney chief of staff Lewis “Scooter” Libby, former press secretary Ari Fleischer, and current press secretary Scott McClellan (see January 2004). [MSNBC, 2/21/2007; Washington Post, 7/3/2007]

Entity Tags: Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

After Deputy Attorney General James Comey announces the naming of special prosecutor Patrick Fitzgerald to head the Plame Wilson CIA identity leak investigation (see December 30, 2003), White House press secretary Scott McClellan is contacted by Ron Roos, the FBI’s deputy counterespionage director, to arrange a time where McClellan can testify before Fitzgerald’s grand jury. This time, Roos says, he would like McClellan to come alone, without a White House lawyer (see October 10, 2003). McClellan’s sister-in-law, a former assistant district attorney, advises him to retain a lawyer, as many of his co-workers have done, but McClellan decides not to do so. Perhaps, he will later write, he was lulled by the almost-perfunctory interview sessions he has already participated in (see Mid-October 2003 and Late October or Early November, 2003). McClellan meets with Roos and other prosecutors for a pre-jury interview. This time, McClellan will recall, the interview is far more adversarial than the first two. Roos asks McClellan why he publicly exonerated Karl Rove (see September 29, 2003) and Lewis Libby (see October 4, 2003), and then asks why McClellan failed to mention in previous interviews that Rove had spoken with columnist Robert Novak. McClellan, later writing that he was “taken aback” by the question, reminds Roos that he had indeed informed them of Rove’s contact with Novak in an earlier interview. Afterwards, McClellan will write, he worries about the FBI’s “initial hard-edged approach.” [McClellan, 2008, pp. 224-225]

Entity Tags: Ron Roos, Bush administration (43), Federal Bureau of Investigation, Karl C. Rove, Scott McClellan, Lewis (“Scooter”) Libby, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column in July 2003 (see July 14, 2003), is questioned by Patrick Fitzgerald, the special prosecutor investigating the Plame Wilson leak (see December 30, 2003). Novak has already discussed some of his knowledge of Plame Wilson’s covert CIA status with FBI investigators (see October 7, 2003). As with the FBI session, the Fitzgerald interview takes place at the law offices of Swidler Berlin, the firm representing Novak. Fitzgerald comes to the interview with waivers (see January 2-5, 2004) from Novak’s sources (see January 12, 2004) for his column outing Plame Wilson—White House political strategist Karl Rove and Deputy Secretary of State Richard Armitage (see July 8, 2003), as well as a waiver from CIA official Bill Harlow, who asked Novak not to divulge Plame Wilson’s identity when Novak called him with the information from his other sources that Plame Wilson was a CIA official (see Before July 14, 2003). Novak is uncomfortable in accepting that Fitzgerald’s waivers make it ethically acceptable for him to disclose the three men as his sources, but his lawyer, James Hamilton, says he will almost certainly lose a court challenge as to their propriety. Novak will later write, “I answered questions using the names of Rove, Harlow, and my primary source,” which at the time of his writing had not yet been revealed as Armitage. [Human Events, 7/12/2006] Novak will be questioned again several weeks later (see February 5, 2004).

Entity Tags: Patrick J. Fitzgerald, Bill Harlow, James Hamilton, Karl C. Rove, Robert Novak, Valerie Plame Wilson, Swidler Berlin, Richard Armitage

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

White House political adviser Karl Rove testifies before the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003). Rove acknowledges discussing Plame Wilson with columnist Robert Novak, who publicly identified her as a CIA agent (see July 14, 2003), but does not tell the jury that he also disclosed her CIA status to Time reporter Matthew Cooper (see 11:00 a.m. July 11, 2003). [New York Times, 2006] He tells the grand jury that he indeed confirmed Plame Wilson’s CIA identity for Novak, but he knew very little about her at the time. Rove says that Novak knew more about her than he did, and that he believes he learned more about Plame Wilson and her husband, Joseph Wilson, from Novak than Novak learned from him. Rove tells jurors that he may have learned Plame Wilson’s identity from a journalist or someone else outside the White House, but cannot recall that person’s name or anything about their conversation. [National Journal, 11/12/2005]

Entity Tags: Karl C. Rove, Valerie Plame Wilson, Robert Novak, Bush administration (43), Matthew Cooper

Timeline Tags: Niger Uranium and Plame Outing

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.” [Human Events, 7/12/2006]

Entity Tags: Patrick J. Fitzgerald, Swidler Berlin, Valerie Plame Wilson, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Acting Attorney General James Comey, who appointed US Attorney Patrick Fitzgerald as the special counsel in charge of investigating the Plame Wilson identity leak (see December 30, 2003), writes a letter to Fitzgerald confirming that he has “plenary power” in the investigation, and the authority to investigate crimes including “perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses.” In essence, Comey is confirming that Fitzgerald has near-unlimited powers of investigation and prosecution, and is not limited to merely filing charges of violation of the Intelligence Identities Protection Act if he determines who leaked Valerie Plame Wilson’s identity to the press. [US Department of Justice, 2/6/2004 pdf file]

Entity Tags: James B. Comey Jr., Patrick J. Fitzgerald, Intelligence Identities Protection Act

Timeline Tags: Niger Uranium and Plame Outing

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.” [Human Events, 7/12/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

March 5, 2004: Libby Lies to Grand Jury

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

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

Timeline Tags: Niger Uranium and Plame Outing

March 24, 2004: Libby Lies to Grand Jury Again

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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.” [New York Times, 5/23/2003; Washington Post, 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]

Entity Tags: Valerie Plame Wilson, Time magazine, Robin Bierstedt, Devereux Chatillon, Tim Russert, Floyd Abrams, NBC News, Matthew Cooper, Neal Shapiro

Timeline Tags: Niger Uranium and Plame Outing

Washington Post reporter Glenn Kessler is interviewed by federal prosecutors as part of the Valerie Plame Wilson identity leak investigation (see December 30, 2003). Kessler testifies about two conversations he had with Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby; his testimony is not made public. Kessler does not violate any promises to confidential sources, and later says he testified at Libby’s urging. Prosecutors believe that Kessler may have been one of the reporters who was given Plame Wilson’s name by White House officials (see Before July 14, 2003), but Kessler does not name Libby as a source of Plame Wilson’s identity. [Washington Post, 6/25/2004; New York Times, 8/10/2004; Washington Post, 8/10/2004] According to reporter Timothy Phelps, Kessler testifies that Libby never mentioned either Plame Wilson or her husband, Joseph Wilson. [Columbia Journalism Review, 1/1/2006]

Entity Tags: Washington Post, Joseph C. Wilson, Lewis (“Scooter”) Libby, Glenn Kessler, Valerie Plame Wilson, Timothy Phelps

Timeline Tags: Niger Uranium and Plame Outing

The New York Times learns that President Bush is retaining the services of lawyer James Sharp to represent him in the Valerie Plame Wilson identity leak case (see December 30, 2003). Sharp has represented numerous high-profile clients, including two key figures in the Nixon Watergate scandal, a senator accused of bribery, and Enron’s Kenneth Lay. Friends and colleagues describe Sharp as “an absolutely superb trial lawyer,” but “a very private guy.” Sharp’s political leanings are unclear, but his donation records show that he has regularly given more money to Democratic candidates than Republican, including contributing to the campaign of Bush’s challenger, Senator John Kerry (D-MA). He has represented both Democrats and Republicans in a variety of court cases. He is a former Navy lawyer with the Judge Advocate General Corps, and has served as a federal prosecutor. [New York Times, 6/5/2004]

Entity Tags: George W. Bush, James Sharp

Timeline Tags: Niger Uranium and Plame Outing

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. [New York Times, 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. [National Journal, 7/3/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

Entity Tags: Bob Woodward

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton refuses to dismiss felony perjury and obstruction charges against former White House official Lewis Libby. Walton turns down a bid by Libby’s defense lawyers to have the charges dismissed on the grounds that special counsel Patrick Fitzgerald lacks the constitutional authority to bring any such charges (see March 31, 2006). Walton writes that he does not need to “look far” in the law to reject the claim, and affirms that the attorney general can indeed delegate his functions, as was done in the Fitzgerald appointment (see December 30, 2003). “There was no wholesale abdication of the attorney general’s duty to direct and supervise litigation,” he writes. “This case provides the clearest example of why such broad discretion is necessary,” Walton notes. “Here, the attorney general [John Ashcroft] believed there was a conflict of interest.… It was, therefore, entirely appropriate for the attorney general to remove himself completely from the investigation.” [Associated Press, 4/26/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Former Scripps Howard editor Dan Thomasson, writing for the Cincinnati Post, writes that the Plame Wilson identity leak investigation is the most “bizarre, silly, overblown, and wasteful affair” he has seen in his 43 years of Washington reporting. The exposure of Valerie Plame Wilson broke no laws and did no damage to national security or US intelligence-gathering efforts, Thomasson writes (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006). Once the FBI learned the source of the Plame Wilson leak, whom Thomasson asserts was no one besides former Deputy Secretary of State Richard Armitage (see October 2, 2003), the investigation should have been terminated, even before the appointment of a special counsel to continue it (see December 30, 2003). Thomasson believes that the CIA pushed for the continuance of the investigation “as a diversion from the mounting furor over its own inadequacies in counterintelligence, ranging from the 9/11 terrorist attacks to its assessment of Iraq’s nuclear and biochemical capabilities.” Thomasson concludes that the investigation, and the upcoming Libby trial, are “far worse in [their] potential results and future implications than the original leak ever was.” [Cincinnati Post, 9/6/2006]

Entity Tags: Valerie Plame Wilson, Dan Thomasson, Richard Armitage

Timeline Tags: Niger Uranium and Plame Outing

Bob Graham (D-FL), the former head of the Senate Intelligence Committee, says that the White House found it almost impossible to refuse to appoint a special prosecutor in the Valerie Plame Wilson identity leak investigation (see December 30, 2003) because of the Bush administration’s insistence on an aggressive investigation of a Congressional leak in 2002 (see June 19, 2002 and June 20, 2002). The strongest push for a leak investigation came from Vice President Dick Cheney and his chief of staff, Lewis Libby, Graham recalls: “They [the administration] would have had a certain exposure to hypocrisy if they hid behind executive privilege” when the Plame Wilson investigation began, or if they had fought the appointment of a special prosecutor, Graham says. “It made it politically untenable to avoid having a strong investigation, because they had demanded it of us. With us, they said we should call out the meanest, leanest dogs. The example that they set with us became the boomerang that came around and hit them.” Both Cheney and Libby are central suspects in the Plame Wilson outing, though no one has been charged with leaking her CIA status to the press. Cheney is known to have selectively leaked and declassified intelligence to bolster the administration’s case for war and later to defend against charges that he misrepresented prewar intelligence (see 7:35 a.m. July 8, 2003, (July 11, 2003), and July 12, 2003). And evidence points to the conclusion that Cheney ordered Libby to leak Plame Wilson’s name to the press (see July 7-8, 2003 and July 12, 2003). Senior Justice Department officials and Senate Democrats all pushed for Attorney General John Ashcroft to recuse himself and name a special prosecutor. According to several senior Congressional staffers, Democrats made their case based in part on Cheney’s personal insistence that senators and their staffers be investigated over the NSA leak. [National Journal, 2/15/2007]

Entity Tags: Lewis (“Scooter”) Libby, Daniel Robert (“Bob”) Graham, Richard (“Dick”) Cheney, Bush administration (43), Valerie Plame Wilson, John Ashcroft

Timeline Tags: Niger Uranium and Plame Outing

The editorial board of the conservative National Review demands that President Bush pardon convicted felon Lewis Libby immediately (see March 6, 2007). The editorial joins an angry demand for a presidential pardon in the magazine’s pages from former Bush speechwriter David Frum (see March 6, 2007). The editors write that Libby was “the target of a politicized prosecution set in motion by bureaucratic infighting and political cowardice,” powered by “liberal partisans” who leapt on the exposure of CIA official Valerie Plame Wilson and adopted her husband Joseph Wilson’s “paranoid persecution theory” (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). A “scandal-hungry media” joined in with the Wilsons to launch unwarranted attacks on the White House, the editors write, which eventually forced the appointment of a special prosecutor to investigate the Plame Wilson identity leak (see December 30, 2003). The editors blame the CIA, the State Department, Congressional Democrats, and the “liberal media” for forcing the issue, and say the Justice Department was too quick to appoint special counsel Patrick Fitzgerald, whom they note is a “close friend” of the person who appointed him, Deputy Attorney General James Comey (see December 30, 2003). The editors insist that Libby’s “imperfect memory” (see January 31, 2006) led to the charges of perjury and obstruction of justice, and the testimony of reporters throughout the trial proved that their memories were no better than Libby’s. The editors conclude: “There should have been no referral, no special counsel, no indictments, and no trial. The ‘CIA-leak case’ has been a travesty. A good man has paid a very heavy price for the Left’s fevers, the media’s scandal-mongering, and President Bush’s failure to unify his own administration. Justice demands that Bush issue a pardon and lower the curtain on an embarrassing drama that shouldn’t have lasted beyond its opening act.” [National Review, 3/6/2007]

Entity Tags: National Review, David Frum, George W. Bush, James B. Comey Jr., Patrick J. Fitzgerald, US Department of Justice, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

The Wall Street Journal joins the National Review (see March 6, 2007 and March 6, 2007), the New York Post (see March 7, 2007), and a law professor whom the Journal published in today’s editorial pages (see March 7, 2007) in demanding that President Bush pardon convicted felon Lewis Libby (see March 6, 2007). The Journal’s editorial board hopes that “Bush will realize that this case was always a political fight over Iraq and do the right thing by pardoning Mr. Libby.” Like its fellow conservative pundits and media outlets, the Journal calls the conviction “a travesty of justice,” and writes that the Libby defense team “seems to have blundered by portraying Mr. Libby as the ‘fall guy’ for others in the White House. That didn’t do enough to rebut [special counsel Patrick] Fitzgerald’s theory of the case, and so the jury seems to have decided that Mr. Libby must have been lying to protect something. The defense might have been better off taking on Mr. Fitzgerald for criminalizing political differences.” Libby was “convicted of telling the truth about” Joseph and Valerie Plame Wilson “to some reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003) but then not owning up to it.” The Journal believes Libby “tried to cooperate with the grand jury because he never really believed he had anything to hide” (see March 5, 2004 and March 24, 2004). The entire case was brought, the Journal avers, to attack the Bush administration’s push for war with Iraq. The Bush administration bears its own culpability, the Journal says, for not “confront[ing] Mr. Wilson’s lies head on” and instead becoming “defensive,” allowing “a trivial matter to become a threat to the administration itself.” The White House should not have allowed then-Attorney General John Ashcroft to recuse himself from the investigation (see December 30, 2003) and let the Justice Department appoint Fitzgerald to investigate the leaks. “Mr. Libby got caught in the eddy not because he was dishonest but because he was a rare official who actually had the temerity to defend the president’s Iraq policy against Mr. Wilson’s lies.” The Journal also criticizes “most of our brethren” in the media for “celebrating the conviction… because it damaged the Bush administration they loathe.” It concludes by asserting, “The time for a pardon is now.” [Wall Street Journal, 3/7/2007]

Entity Tags: US Department of Justice, Bush administration (43), George W. Bush, John Ashcroft, Joseph C. Wilson, Wall Street Journal, Valerie Plame Wilson, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Washington Post columnist Richard Cohen, described by observers as a moderate liberal, castigates US Attorney Patrick Fitzgerald and the government lawyers who successfully prosecuted former White House senior aide Lewis (“Scooter”) Libby (see October 28, 2005 and March 6, 2007). Unlike some of his more conservative colleagues (see October 29, 2005, October 31, 2005, November 4, 2005, November 17, 2005, November 18, 2005, December 8, 2005, April 9, 2006, April 17, 2006, July 12, 2006, Late August-Early September, 2006, September 2-5, 2006, September 5, 2006, September 5, 2006, September 7, 2006, October 16, 2006, January 17, 2007, February 16, 2007, February 16, 2007, February 27, 2007, March 6, 2007, March 6, 2007, March 6, 2007, March 7, 2007, March 7, 2007, March 7, 2007, March 7, 2007, March 8-9, 2007, March 9, 2007, and March 11, 2007), Cohen does not plainly state that Libby is innocent of any crime. Rather, Cohen accuses Fitzgerald of doing the work of the “liberal press (especially the New York Times)” and “opponents of the Iraq war” in “mak[ing] a mountain out of a molehill.” The outing of clandestine CIA agent Valerie Plame Wilson (see July 14, 2003 and July 12, 2006) was nothing more than a “run-of-the-mill leak,” he writes. Moreover, he writes, Fitzgerald “wound up prosecuting not the leaker—Richard Armitage of the State Department (see June 13, 2003)—but Libby, convicted in the end of lying. Cohen justifies his claim by writing: “This is not an entirely trivial matter since government officials should not lie to grand juries, but neither should they be called to account for practicing the dark art of politics. As with sex or real estate, it is often best to keep the lights off.” Cohen goes on to call the Libby investigation “a train wreck—mile after mile of shame, infamy, embarrassment, and occasional farce.” He accuses Fitzgerald of using the power of his office to unjustly compel journalists to testify to their own knowledge and complicity in Libby’s leak. The Iraq war opponents “cheered” Fitzgerald on, Cohen writes, and goes on to say that those opponents “thought—if ‘thought’ can be used in this context—that if the thread was pulled on who had leaked the identity of Valerie Plame to Robert D. Novak, the effort to snooker an entire nation into war would unravel and this would show… who knows? Something. For some odd reason, the same people who were so appalled about government snooping, the USA Patriot Act, and other such threats to civil liberties cheered as the special prosecutor weed-whacked the press, jailed a reporter, and now will send a previously obscure government official to prison for 30 months.” Had the Iraq war only claimed 300 American lives and ended with a clear victory, Cohen writes, no one would have called for any such investigation. As it stands, he continues, the anti-war left and the “liberal press” demanded “scalps” and was given Libby’s. “Accountability is one thing,” Cohen writes. “By all means, let Congress investigate and conduct oversight hearings with relish and abandon. But a prosecution is a different matter. It entails the government at its most coercive—a power so immense and sometimes so secretive that it poses much more of a threat to civil liberties, including freedom of the press, than anything in the interstices of the scary Patriot Act.” He concludes by calling on President Bush to commute Libby’s sentence. [Washington Post, 6/19/2007; Salon, 6/19/2007] Cohen has previously asked that the prosecution of Libby be terminated (see October 13, 2005), called Libby’s prosecution “silly,” and misrepresented the facts behind the prosecution (see January 30, 2007). Author, columnist, and former civil liberties lawyer Glenn Greenwald, writing a response to Cohen’s column for his blog in the Internet news publication Salon, savages Cohen by mockingly “praising” Cohen’s column as perfectly “capturing the essence of our Beltway media.” Cohen’s exhortation to allow politics to be practiced with “the lights off” is, Greenwald asserts, “the central belief of our Beltway press.… If that isn’t the perfect motto for our bold, intrepid, hard-nosed political press, then nothing is.” Greenwald notes what he calls the “multiple falsehoods” of Cohen’s argument—the appointment of Fitzgerald to investigate the leak that outed Plame Wilson was not a result of pressure from the “liberal press” or what Cohen calls the “sanctimon[ious]” anti-war left, unless the CIA and the Justice Department are left-wing organizations (see July 30, 2003, Before September 16, 2003 and December 30, 2003). Greenwald writes that the core of Cohen’s apparent horror and indignation at the pursuit of the Plame Wilson leak is that his colleagues in the media were investigated and in one instance jailed (see July 6, 2005). “As any prosecutor knows—and Martha Stewart can attest—white-collar types tend to have a morbid fear of jail,” Greenwald quotes Cohen as writing. Greenwald responds: “Indeed, it is so terribly unfair to investigate powerful government officials because, as ‘white-collar types,’ they have a ‘morbid fear of jail’—in contrast, of course, to blue-collar types, and darker ones still, who really do not mind prison at all. Why would they? It’s their natural habitat, where they belong. That is what prison is for. That has been the real point here all along. The real injustice is that prison is simply not the place for the most powerful and entrenched members of the Beltway royal court, no matter how many crimes they commit. There is a grave indignity to watching our brave Republican elite be dragged before such lowly venues as a criminal court and be threatened with prison, as though they are common criminals or something. How disruptive and disrespectful and demeaning it all is.” Greenwald says that the “most valuable lesson of Cohen’s column… is that the overriding allegiance of our permanent Beltway ruling class is to the royal court which accords them their status and prestige. That overarching allegiance overrides, easily, any supposed partisan, ideological or other allegiances which, in their assigned roles, they are ostensibly defending.” Were the Beltway press to actually investigate and pursue stories instead of “snuggling” with their “friends” in government, it would expose corruption and foster justice, instead of encouraging corruption and fostering injustice. Greenwald concludes: “Our media stars have not merely stood idly by while our highest government officials engage in endless deceit and corruption. They actively defend it, enable it, justify it, and participate in it. Keeping the lights off is their principal function, one which—with rare and noble exceptions—they perform quite eagerly.” [Salon, 6/19/2007]

Entity Tags: Lewis (“Scooter”) Libby, Richard Armitage, New York Times, Richard Cohen, Glenn Greenwald, Valerie Plame Wilson, Robert Novak, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

John Yoo, the former Bush administration legal adviser who authored numerous opinions on the legality of torture, detentions without legal representation, and warrantless wiretapping (see November 6-10, 2001, December 28, 2001, January 9, 2002, August 1, 2002, and August 1, 2002, among others), writes an op-ed for the Wall Street Journal opposing the Obama administration’s intent to close the Guantanamo Bay detention facility (see January 20, 2009 and January 22, 2009)) and restrict the CIA’s ability to torture detainees (see January 22, 2009). Yoo, now a law professor and a member of the neoconservative American Enterprise Institute, writes that while President Obama’s decision “will please his base” and ease the objections to the Bush “imperial presidency,” it will “also seriously handicap our intelligence agencies from preventing future terrorist attacks.” Yoo writes that the Obama decisions mark a return “to the failed law enforcement approach to fighting terrorism that prevailed before Sept. 11, 2001.” Yoo recommends that Obama stay with what he calls “the Bush system” of handling terror suspects. Yoo fails to note that the US law enforcement system prevented, among others, the “millennium bombing” plot (see December 14, 1999), the plot to bomb New York City’s Lincoln and Holland Tunnels (see June 24, 1993), and Operation Bojinka (see January 6, 1995).
Obama Needs to be Able to Torture Prisoners Just as Bush Did, Yoo Declares - And by eschewing torture, Obama is giving up any chance on forcing information from “the most valuable sources of intelligence on al-Qaeda” currently in American custody. The Bush administration policies prevented subsequent terrorist attacks on the US, Yoo contends, and Obama will need the same widespread latitude to interrogate and torture prisoners that Bush employed: “What is needed are the tools to gain vital intelligence, which is why, under President George W. Bush, the CIA could hold and interrogate high-value al-Qaeda leaders. On the advice of his intelligence advisers, the president could have authorized coercive interrogation methods like those used by Israel and Great Britain in their antiterrorism campaigns. (He could even authorize waterboarding, which he did three times in the years after 9/11.)” It is noteworthy that Yoo refused to confirm that Bush ordered waterboarding of suspects during his previous Congressional hearings (see June 26, 2008).
Interrogations Must be 'Polite' - According to Yoo, in forcing the CIA and other US interrogators to follow the procedures outlined in the Army Field Manual, they can no longer use “coercive techniques, threats and promises, and the good-cop bad-cop routines used in police stations throughout America.… His new order amounts to requiring—on penalty of prosecution—that CIA interrogators be polite. Coercive measures are unwisely banned with no exceptions, regardless of the danger confronting the country.” [Wall Street Journal, 1/29/2009] Yoo is incorrect in this assertion. The Army Field Manual explicitly countenances many of the “coercive techniques, threats and promises, and the good-cop bad-cop routines” Yoo says it bans. Further, the Field Manual says nothing about requiring interrogators to be “polite.” [Army, 9/2006] And actual field interrogators such as the Army’s Matthew Alexander have repeatedly said that torturing prisoners is ineffective and counterproductive, while building relationships and treating prisoners with dignity during interrogations produces usable, reliable intelligence (see November 30, 2008).
Shutting Down Military Commissions - Obama’s order to stay all military commission trials and to review the case of “enemy combatant” Ali Saleh al-Marri (see June 23, 2003) is also mistaken, Yoo writes. Yoo fears that Obama will shut down the military commissions in their entirety and instead transfer detainees charged with terrorist acts into the US civilian court system. He also objects to Obama’s apparent intent to declare terrorists to be prisoners of war under the Geneva Conventions, instead of following the Bush precedent of classifying terrorists “like pirates, illegal combatants who do not fight on behalf of a nation and refuse to obey the laws of war.” To allow terror suspects to have rights under Geneva and the US legal system, Yoo asserts, will stop any possibility of obtaining information from those suspects. Instead, those suspects will begin using the legal system to their own advantage—refusing to talk, insisting on legal representation and speedy trials instead of cooperating with their interrogators. “Our soldiers and agents in the field will have to run more risks as they must secure physical evidence at the point of capture and maintain a chain of custody that will stand up to the standards of a civilian court,” Yoo writes. [Wall Street Journal, 1/29/2009] In reality, the Supreme Court’s ruling in Hamdan v. Rumsfeld (see June 30, 2006), as well as the Detainee Treatment Act (see December 15, 2005) and the Military Commissions Act (see October 17, 2006), all mandate that detainees must be handled according to the Geneva Conventions.
Risk to Americans - Another effect of transferring detainees into the civilian justice system, Yoo claims, is to allow “our enemies to obtain intelligence on us.” Defense lawyers will insist on revealing US intelligence—information and methods—in open court, and will no doubt force prosecutors to accept plea bargains “rather than risk disclosure of intelligence secrets.”
Obama 'Open[ed] the Door to Further Terrorist Acts on US Soil' - Obama said in his inaugural speech that the US must “reject as false the choice between our safety and our ideals.” Yoo calls that statement “naive,” and writes, “That high-flying rhetoric means that we must give al-Qaeda—a hardened enemy committed to our destruction—the same rights as garden-variety criminals at the cost of losing critical intelligence about real, future threats.” By making his choices, Yoo writes, “Mr. Obama may have opened the door to further terrorist acts on US soil by shattering some of the nation’s most critical defenses.” [Wall Street Journal, 1/29/2009]

Entity Tags: John C. Yoo, Barack Obama, American Enterprise Institute, Wall Street Journal, Obama administration

Timeline Tags: Torture of US Captives, Civil Liberties

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