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Context of 'July 6, 2003: Wilson Discusses Failure of Arguments for War on ‘Meet the Press’'

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

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

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

UNSCOM photo of an Iraqi unmanned aerial vehicle.UNSCOM photo of an Iraqi unmanned aerial vehicle. [Source: CIA]The National Intelligence Council, a board of senior analysts that prepares reports on crucial national security issues, completes a National Intelligence Estimate (NIE) on Iraq. The purpose of an NIE is to provide policy-makers with an intelligence assessment that includes all available information on a specific issue so they can make sound policy decisions. The formal document is supposed to be the result of a collaborative effort of the entire intelligence community and is supposed to be untainted by political interests. The decision to produce the assessment on Iraq followed criticisms that the administration had already made a decision to invade Iraq without having thoroughly reviewed all available intelligence on Iraq. Congress wanted the NIE completed prior to voting on a bill authorizing the president to use force against Iraq (see September 5, 2002). NIEs such as this usually take months to prepare, however this document took a mere three weeks. The person in charge of preparing the document was weapons expert Robert Walpole. According to the Independent of London, Walpole has a track record of tailoring his work to support the biases of his superiors. “In 1998, he had come up with an estimate of the missile capabilities of various rogue states that managed to sound considerably more alarming than a previous CIA estimate issued three years earlier,” the newspaper later reports. “On that occasion, he was acting at the behest of a congressional commission anxious to make the case for a missile defense system; the commission chairman was none other than Donald Rumsfeld….” [Independent, 11/3/2003; New York Times, 10/3/2004]
Summary of NIE Conclusions - The NIE says there are potentially links between Iraq and al-Qaeda, but uses cautionary language and acknowledges that its sources—Iraqi defectors and captured al-Qaeda members—have provided conflicting reports. The sections dealing with weapons of mass destruction are also filled with caveats and nuanced statements. In the second paragraph of its “key judgment” section, the NIE states that US intelligence lacks “specific information” on Iraq’s alleged arsenal of weapons of mass destruction. And while the NIE says that Iraq probably has chemical and biological weapons, it also says that US intelligence analysts believe that Saddam Hussein would only launch an attack against the US if he felt a US invasion were inevitable. It also concludes that Saddam would only provide terrorists with chemical or biological agents for use against the United States as a last resort in order to “exact vengeance by taking a large number of victims with him.” [Central Intelligence Agency, 10/1/2002; Washington Post, 6/22/2003; Agence France-Presse, 11/30/2003]
Reconstituted nuclear weapons programs - According to the NIE, “most” of the US’ six intelligence agencies believe there is “compelling evidence that Saddam [Hussein] is reconstituting a uranium enrichment effort for Baghdad’s nuclear weapons program.” The one agency that disagrees with this conclusion is the State Department’s Bureau of Intelligence and Research (INR), which says in its dissenting opinion: “The activities we have detected do not, however, add up to a compelling case that Iraq is currently pursuing what INR would consider to be an integrated and comprehensive approach to acquire nuclear weapons. Iraq may be doing so, but INR considers the available evidence inadequate to support such a judgment. Lacking persuasive evidence that Baghdad has launched a coherent effort to reconstitute its nuclear weapons programs, INR is unwilling to… project a timeline for the completion of activities it does not now see happening.” It is later learned that nuclear scientists in the Department of Energy’s in-house intelligence office were also opposed to the NIE’s conclusion and wanted to endorse the State’s alternative view. However, the person representing the DOE, Thomas Ryder, silenced them and inexplicably voted to support the position that Iraq had reconstituted its nuclear weapons program (see Late September 2002). The DOE’s vote was seen as critical, since the department’s assessment was supposed to represent the views of the government’s nuclear experts. [Central Intelligence Agency, 10/1/2002; Washington Post, 7/19/2003; Knight Ridder, 2/10/2004; Knight Ridder, 2/10/2004]
Iraqi attempts to obtain uranium from Africa - According to the NIE, Iraq is “vigorously trying” to obtain uranium and “reportedly” is working on a deal to purchase “up to 500 tons” of uranium from Niger. It reads: “A foreign government service reported that as of early 2001, Niger planned to send several tons of ‘pure uranium’ (probably yellowcake) to Iraq. As of early 2001, Niger and Iraq reportedly were still working out arrangements for this deal, which could be for up to 500 tons of yellowcake. We do not know the status of this arrangement. Reports indicate Iraq also has sought uranium ore from Somalia and possibly the Democratic Republic of the Congo.” But the alternative view—endorsed by the State Department’s Bureau of Intelligence and Research (INR)—says that it is doubtful Iraq is trying to procure uranium from Africa. ”(T)he claims of Iraqi pursuit of natural uranium in Africa are, in INR’s assessment, highly dubious,” it reads. [Central Intelligence Agency, 10/1/2002; Washington Post, 7/19/2003]
Iraqi attempts to obtain aluminum tubes - The NIE says that most “agencies believe that Saddam’s personal interest in and Iraq’s aggressive attempts to obtain high-strength aluminum tubes for centrifuge rotors—as well as Iraq’s attempts to acquire magnets, high-speed balancing machines, and machine tools—provide compelling evidence that Saddam is reconstituting a uranium enrichment effort for Baghdad’s nuclear weapons program.” To support its analysis of the tubes, it includes a chart which compares the dimensions of the aluminum tubes sought by Iraq with those that would be needed for a “Zippe-type” centrifuge. The chart’s comparison of the tubes makes it appear that the tubes are similar. But the NIE neglects to say that the aluminum tubes are an exact match with those used in Iraq’s 81-millimeter rocket. The estimate also claims that the tubes are not suitable for rockets. The assertion ignores the fact that similar tubes are used in rockets from several countries, including the United States. [US Congress, 7/7/2004, pp. 84; New York Times, 10/3/2004] It does note however that the 900 mm tubes ordered by Iraq would have to have been cut in half to make two 400 mm rotors, and that the tubes would have needed other modifications as well in order to be used in centrifuge rotors. [The Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction (aka 'Robb-Silberman Commission'), 3/31/2005] The NIE’s conclusion about the tubes is challenged by two US intelligence agencies, the DOE’s in house intelligence agency, and the State Department’s Bureau of Intelligence and Research. In its dissenting opinion, the DOE says, “It is well established in open sources that bare aluminum is resistant to UF6 and anodization is unnecessary for corrosion resistance, either for the aluminum rotors or for the thousands of feet of aluminum piping in a centrifuge facility. Instead, anodization would likely introduce uncertainties into the design that would need to be resolved before a centrifuge could be operated.” The DOE’s dissenting opinion—written mainly by nuclear physicist William Domke at the Energy Department’s Lawrence Livermore National Laboratory and nuclear physicist Jeffrey Bedell at the Los Alamos National Laboratory—also notes that anodization is a standard practice in missile construction for environmental protection. The Energy Department’s centrifuge physicists suggested more than a year before that the tubes were meant to serve as casings for conventional rockets (see May 9, 2001), but CIA analysts held fast to their theory. [Washington Post, 7/19/2003; USA Today, 7/31/2003; Washington Post, 10/26/2003; US Congress, 7/7/2004, pp. 59] Years later a DOE intelligence analyst will tell two journalists, “[The DOE’s nuclear scientists] are the most boring people. Their whole lives revolve around nuclear technology. They can talk about gas centrifuges until you want to jump out of a window. And maybe once every ten years or longer there comes along an important question about gas centrifuges. That’s when you should really listen to these guys. If they say an aluminum tube is not for a gas centrifuge, it’s like a fish talking about water.” [Isikoff and Corn, 2006, pp. 40] The State Department’s Bureau of Intelligence and Research, similarly writes in its dissenting footnote: “In INR’s view Iraq’s efforts to acquire aluminum tubes is central to the argument that Baghdad is reconstituting its nuclear weapons program, but INR is not persuaded that the tubes in question are intended for use as centrifuge rotors. INR accepts the judgment of technical experts at the US Department of Energy (DOE) who have concluded that the tubes Iraq seeks to acquire are poorly suited for use in gas centrifuges to be used for uranium enrichment and finds unpersuasive the arguments advanced by others to make the case that they are intended for that purpose. INR considers it far more likely that the tubes are intended for another purpose, most likely the production of artillery rockets. The very large quantities being sought, the way the tubes were tested by the Iraqis, and the atypical lack of attention to operational security in the procurement efforts are among the factors, in addition to the DOE assessment, that lead INR to conclude that the tubes are not intended for use in Iraq’s nuclear weapon program.” [Washington Post, 7/19/2003; USA Today, 7/31/2003]
Chemical and Biological Weapons - On the question of chemical and biological weapons, the NIE says: “We judge Iraq has some lethal and incapacitating BW agents and is capable of quickly producing and weaponizing a variety of such agents, including anthrax, for delivery by bombs, missiles, aerial sprayers, and covert operatives.” But the document also highlights the belief that it is unlikely that Iraq has any intention to use these against the US. “… Baghdad for now appears to be drawing a line short of conducting terrorist attacks with conventional or CBW [Chemical/Biological Weapons] against the United States, fearing that exposure of Iraqi involvement would provide Washington with a stronger case for making war.” Iraq would probably only use such weapons against the United States if it “feared an attack that threatened the survival of the regime were imminent or unavoidable, or possibly for revenge.” [Central Intelligence Agency, 10/1/2002]
Unmanned Aerial Vehicles - Citing defectors and exiles, the NIE states that Iraq possesses unmanned aerial vehicles (UAVs) which can be used to deploy biological and chemical weapons. But the document includes a dissenting opinion by the Air Force’s National Air and Space Intelligence Center. The center, which controls most of the US military’s UAV fleet, says there is little evidence that Iraq’s drones are related to the country’s suspected biological weapons program. Current intelligence suggests that the drones are not capable of carrying much more than a camera and a video recorder. The Air Force believes that Iraq’s unmanned aerial vehicles (UAVs) are for reconnaissance, like its counterparts in the US. The dissenting opinion reads: “… The Director, Intelligence, Surveillance and Reconnaissance, US Air Force, does not agree that Iraq is developing UAVs primarily intended to be delivery platforms for chemical and biological warfare (CBW) agents. The small size of Iraq’s new UAV strongly suggests a primary role of reconnaissance, although CBW delivery is an inherent capability.” [Associated Press, 8/24/2003; Washington Post, 9/26/2003; Knight Ridder, 2/10/2004] Bob Boyd, director of the Air Force Intelligence Analysis Agency, will tell reporters in August 2003 that his department thought the allegation in the NIE “was a little odd,” noting that Air Force assessments “all along” had said that reconnaissance, not weapons delivery, was the purpose of Iraq’s drones. “Everything we discovered strengthened our conviction that the UAVs were to be used for reconnaissance,” he will explain. “What we were thinking was: Why would you purposefully design a vehicle to be an inefficient delivery means? Wouldn’t it make more sense that they were purposefully designing it to be a decent reconnaissance UAV?” [Associated Press, 8/24/2003; Washington Post, 9/26/2003] The NIE also says that Iraq is attempting to obtain commercially available route-planning software that contains topographic data of the United States. According to the NIE, this data could facilitate targeting of US sites. But Air Force analysts were not convinced by the argument, noting that this sort of information could easily be retrieved from the Internet and other highly accessible sources. “We saw nothing sinister about the inclusion of the US maps in route-planning software,” Boyd will tell reporters. [Washington Post, 9/26/2003] Analysts at the Pentagon’s Missile Defense Agency are said to back the Air Force’s National Air and Space Intelligence Center’s position. [Associated Press, 8/24/2003]
Appendices - Most of the caveats and dissents in the NIE are relegated to a variety of appendices at the end of the document. [Unger, 2007, pp. 266]
Aftermath - After the completion of the National Intelligence Estimate, the Bush administration will continue to make allegations concerning Iraq’s weapons capabilities and ties to militant Islamic groups, but will include none of the qualifications and nuances that are present in the classified NIE. After excerpts from the classified version of the NIE are published in the press in July of 2003 (see 3:09 p.m. July 11, 2003), administration officials will claim that neither Bush, Rice, nor other top officials were informed about the alternative views expressed by the DOE, INR, and the Air Force intelligence agency. They will also assert that the dissenting views did not significantly undermine the overall conclusion of the NIE that Iraq was continuing its banned weapons program despite UN resolutions. [Washington Post, 7/19/2003; New York Times, 7/19/2003; Washington Post, 7/27/2003] But this claim is later disputed in an article by the Washington Post, which reports: “One person who has worked with Rice describes as ‘inconceivable’ the claims that she was not more actively involved. Indeed, subsequent to the July 18 briefing, another senior administration official said Rice had been briefed immediately on the NIE—including the doubts about Iraq’s nuclear program—and had ‘skimmed’ the document. The official said that within a couple of weeks, Rice ‘read it all.’” [Washington Post, 7/27/2003] The official’s account, will in fact be confirmed by Rice herself, who reportedly tells Gwen Ifill at the National Association of Black Journalists Convention in Dallas on August 7, 2003: “I did read everything that the CIA produced for the president on weapons of mass destruction. I read the National Intelligence Estimate cover to cover a couple of times. I read the reports; I was briefed on the reports. This is—after 20 years, as somebody who has read a lot of intelligence reports—this is one of the strongest cases about weapons of mass destruction that I had ever read.” [Daily Howler, 8/11/2003]
Conclusions 'Overstated' - George Bush is also provided with a summary of the NIE’s dissenting views. According to the Robb-Silberman report, released in early 2005, the president’s summary of the NIE notes that “INR and DOE believe that the tubes more likely are intended for conventional weapon uses.” [The Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction (aka 'Robb-Silberman Commission'), 3/31/2005] Additionally, senior CIA analyst Stuart Cohen, the acting chairman of the National Intelligence Council at this time, who helped write the document, will tell the Agence France-Presse, “Any reader would have had to read only as far as the second paragraph of the Key Judgments to know that as we said, ‘we lacked specific information on many key aspects of Iraq’s WMD program.’” The Key Judgments section is also where INR’s detailed dissent on the aluminum tubes allegation was located. [Agence France-Presse, 11/30/2003] A Senate Intelligence Committee investigation will determine in July 2004 that “most of the major key judgments in the Intelligence Community’s October 2002 National Intelligence Estimate (NIE), Iraq’s Continuing Programs for Weapons of Mass Destruction, either overstated, or were not supported by, the underlying intelligence reporting.” [US Congress, 7/7/2004, pp. 59] And in 2006, one of the report’s authors, CIA senior analyst Paul Pillar, will admit the NIE had been written with the intent of “strengthen[ing] the case of going to war with the American public.” [PBS Frontline, 6/20/2006]
NIE 'Distorted' Due to Political Pressures, Author Claims - In 2007, author Craig Unger will write, “At the time, to virtually everyone in Congress, the NIE was still sacrosanct. It was still the last word in American intelligence. Yet it had been distorted thanks to political pressures from the neocons and the White House. If one took it seriously, the Niger documents were real. Curveball had credibility. And the aluminum tubes were part of Saddam’s nuclear program. Only one conclusion could be drawn: Saddam Hussein post an extraordinarily grave threat.” [Unger, 2007, pp. 266]

Entity Tags: Bob Boyd, Condoleezza Rice, Bureau of Intelligence and Research, Paul R. Pillar, US Congress, Jeffrey Bedell, Stuart Cohen, George W. Bush

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

While many in the Bush administration continue to insist that the claims of Iraq attempting to buy uranium from Niger are valid (see March 7, 2003-July 7, 2003), even in the face of a thorough debunking by the International Atomic Energy Agency (see March 7, 2003), some officials are quietly admitting that the administration was duped. “We fell for it,” says one unnamed State Department official who reviewed the documents. Meanwhile, Secretary of State Colin Powell says that the administration has “new information” suggesting that Iraq continues to try to get nuclear weapons components such as the suspicious aluminum tubes (see October 6, 2002). David Albright of the Institute for Science and International Security retorts, “Despite being presented with the falseness of this claim, the administration persists in making misleading arguments about the significance of the tubes.” [Washington Post, 3/8/2003] Former ambassador Joseph Wilson will note that the administration “had chosen to ignore three reports that had been in their files for nearly a year: mine (see March 4-5, 2002) as well as two others—one submitted by the American ambassador to Niger, Barbro Owens-Kirkpatrick (see November 20, 2001) and the other by four-star Marine Corps General Carlton Fulford (see February 24, 2002), who had also traveled there. Instead, the administration chose to give credence to forgeries so crude that even Panorama, the Italian weekly magazine that first received them, had declined to publish (see October 9, 2002). The administration had ample evidence that there was nothing to the uranium charge but went ahead and placed the inflammatory claim in the State of the Union address anyway.” [Wilson, 2004, pp. 2-3]

Entity Tags: Colin Powell, US Department of State, David Albright, International Atomic Energy Agency, Barbro Owens-Kirkpatrick, Joseph C. Wilson, Carlton W. Fulford, Bush administration (43)

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

Nicholas Kristof.Nicholas Kristof. [Source: Women's Conference]New York Times columnist Nicholas Kristof, citing unnamed sources, breaks the story of former US diplomat Joseph Wilson’s February 2002 trip to Niger (see February 21, 2002-March 4, 2002). Kristof’s source for the story is Wilson, who he recently met at a political conference in Washington that was sponsored by the Senate Democratic Policy Committee (see Early May 2003). The following morning, they met for breakfast, and Wilson recounted the details of his trip. Kristof writes in part: “I’m told by a person involved in the Niger caper that more than a year ago the vice president’s office asked for an investigation of the uranium deal, so a former US ambassador to Africa was dispatched to Niger.… In February 2002, according to someone present at the meetings, that envoy reported to the CIA and State Department that the information was unequivocally wrong, and that the documents had been forged.” [New York Times, 5/6/2003; Vanity Fair, 5/2004, pp. 282] In response to the column, Patrick Lang, the former head of the DIA’s Middle Eastern affairs bureau, tells Kristof that the office of Defense Secretary Rumsfeld had pressured the US intelligence community before the war, asking analysts “to think it over again” when they filed reports skeptical of Iraq’s WMD programs. Lang also says that any intelligence warning “that Iraqis would not necessarily line up to cheer US troops, and that the Shi’ite clergy could be a problem,” was also unwelcome at the Defense Department. [Rich, 2006, pp. 97] In 2007, author Craig Unger will write: “Now the secret was out with regard to the Niger documents. Not only had the IAEA [International Atomic Energy Agency] determined that they were forgeries (see February 17, 2003), but it was clear that the administration knew the Niger deal was phony even before Bush cited them in the State of the Union address” (see March 8, 2002 and 9:01 pm January 28, 2003). [Unger, 2007, pp. 309] Wilson expects a certain amount of criticism and opprobrium from the White House and its allies in the media over the column, but as his wife, senior CIA case officer Valerie Plame Wilson, will later write, “In retrospect, if anything, he underestimated the potential for those in the administration, and their allies, to change the subject from the lies in the president’s address to lies about us.” [Wilson, 2007, pp. 108]

Entity Tags: Valerie Plame Wilson, Patrick Lang, Joseph C. Wilson, International Atomic Energy Agency, Nicholas Kristof, Craig Unger, Donald Rumsfeld

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

CIA spokesman Bill Harlow speaks twice to Vice President Dick Cheney’s communications director, Cathie Martin. Harlow may divulge the fact that Valerie Plame Wilson is a CIA official to Martin during these conversations. [Office of the Vice President, 6/12/2003 pdf file] Harlow is one of the government officials who will ask, fruitlessly, that columnist Robert Novak not make Plame Wilson’s CIA status public (see (July 11, 2003)).

Entity Tags: Central Intelligence Agency, Bill Harlow, Catherine (“Cathie”) Martin, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Former ambassador Joseph Wilson is the leadoff guest on NBC’s Meet the Press. Wilson is there to discuss his op-ed article in the New York Times detailing his debunking of the Iraq-Niger uranium claims (see July 6, 2003). He is followed by Senators Carl Levin (D-MI) and John Warner (R-VA), who have both just returned from a tour of Iraq; Washington Post columnist David Broder; New York Times reporter Elisabeth Bumiller; and syndicated conservative columnist Robert Novak. During his interview with guest host Andrea Mitchell, Wilson makes two main points, as he will later recall: “First, that in a democracy the decision to send troops to war had to be based on commonly accepted facts; and second, that if the war had in fact been based on a trumped-up threat of weapons of mass destruction, should we in the future face a real WMD threat, it would be much more difficult to convince the world or even the American people of its actual seriousness.” Wilson will recall that both Levin and Warner are “supportive” of his positions in their appearances, and that Broder characterizes his points as important. “The positions I had taken,” he will write, “were now part of the public discussion, and my credibility, though sure to be attacked, had been vouched for.” [Wilson, 2004, pp. 333-334] Appearing after Wilson, Novak derides any concerns that the administration’s claims of Iraqi WMD might be false. “Weapons of mass destruction or uranium are little elitist issues that don’t bother most of the people,” he says. [Rich, 2006, pp. 98-99]

Entity Tags: Elisabeth Bumiller, Robert Novak, John W. Warner, Andrea Mitchell, Joseph C. Wilson, David S. Broder, Carl Levin

Timeline Tags: Niger Uranium and Plame Outing

Joseph Wilson, whose op-ed in the New York Times debunking the administration’s claim of an Iraq-Niger uranium connection has just appeared (see July 6, 2003), is warned to expect harsh retaliation by former National Security Adviser Sandy Berger. Berger points out that since the Bush White House never backs down, the fact that they had admitted their error so quickly (see March 8, 2003) means that they have something even more important to protect. A Republican acquaintance of Wilson’s says that he and his fellows in the party are pleased with Wilson’s op-ed, as now they might have the ammunition necessary to confront the Bush neoconservatives. Wilson will write that his favorite reaction comes from his former National Security Council colleague John Pendergast, who tells Wilson, “Congratulations, you’re like the baboon who’s thrown the turd that finally hit the target and stuck.” [Wilson, 2004, pp. 4] Within minutes of the story being published on the Times Web site, Wilson begins fielding questions from reporters, and accepts an offer to appear on the next morning’s broadcast of “Meet the Press” (see July 6, 2003). [Wilson, 2004, pp. 333-334] In response to Wilson’s editorial, then-White House press official Scott McClellan later writes: “Wilson’s performance turned the spotlight squarely on the charge being labeled by [Times columnist Nicholas] Kristof and other critics that the Bush administration had knowingly misled the public” about Iraqi WMD (see May 6, 2003). It further riled the vice president. It also provided the national media with a full-fledged controversy to cover, involving a colorful, outspoken character [Wilson] ready to level explosive charges against high-ranking officials.” [McClellan, 2008, pp. 168]

Entity Tags: Richard (“Dick”) Cheney, Sandy Berger, John Pendergast, Bush administration (43), Scott McClellan, Joseph C. Wilson, Nicholas Kristof

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Just after a morning meeting where White House political strategist Karl Rove emphasized that White House officials need to tell reporters that Vice President Dick Cheney did not send Joseph Wilson to Niger (see 8:45 a.m. July 7, 2003), Cheney’s communications director, Cathie Martin, e-mails talking points to White House press secretary Ari Fleischer that state:
bullet “The vice president’s office did not request the mission to Niger.”
bullet “The vice president’s office was not informed of Joe Wilson’s mission.”
bullet “The vice president’s office did not receive briefing about Mr. Wilson’s misson after he returned” (see March 5, 2002).
bullet “The vice president’s office was not aware of Mr. Wilson’s mission until recent press reports accounted for it” (see 4:30 p.m. June 10, 2003). [Office of the Vice President, 7/7/2003; US Department of Justice, 3/5/2004 pdf file]
Minutes later, Fleischer presents these talking points in the morning press briefing. He says of the Wilson op-ed: “Well, there is zero, nada, nothing new here. Ambassador Wilson, other than the fact that now people know his name, has said all this before. But the fact of the matter is in his statements about the vice president—the vice president’s office did not request the mission to Niger. The vice president’s office was not informed of his mission and he was not aware of Mr. Wilson’s mission until recent press accounts—press reports accounted for it. So this was something that the CIA undertook as part of their regular review of events, where they sent him.” [White House, 7/7/2003; Marcy Wheeler, 10/30/2009] In 2007, Martin will testify that Cheney dictated the talking points to her (see January 25-29, 2007).

Entity Tags: Catherine (“Cathie”) Martin, Joseph C. Wilson, Karl C. Rove, Ari Fleischer, Bush administration (43), Richard (“Dick”) Cheney

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

According to later testimony by Vice President Dick Cheney’s communications director, Cathie Martin, Deputy National Security Adviser Stephen Hadley brings up a July 8 appearance by NBC reporter Andrea Mitchell on CNBC (see July 8, 2003) during a meeting. In the meeting, Hadley complains that someone in the White House is trying to pin an inordinate amount of blame for prewar intelligence failures on the CIA, and CIA Director George Tenet is unhappy about it. Martin feels as if Hadley thinks she might be leaking information to the press about blaming the CIA. After the meeting, White House officials decide, according to Martin’s later testimony, to “keep communicators uninvolved” with information emanating from Tenet. Martin tells Cheney and Cheney’s chief of staff Lewis Libby that she did not give information to Mitchell. [Marcy Wheeler, 1/25/2007] Within days, President Bush will directly blame Tenet and the CIA for not catching the Iraq-Niger forgeries (see July 11, 2003). Tenet will take the blame for using the forgeries as the basis for Bush’s claim that Iraq tried to buy uranium from Niger (see 3:09 p.m. July 11, 2003).

Entity Tags: Catherine (“Cathie”) Martin, Andrea Mitchell, Bush administration (43), George J. Tenet, Stephen J. Hadley, Central Intelligence Agency

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Vice President Dick Cheney’s communications director, Cathie Martin, takes notes on “spin options” available to the White House regarding the administration’s admission that its claims of an Iraq-Niger uranium connection are false. Cheney has already rejected a draft of a statement to be released by CIA Director Tenet, taking responsibility for the false claim (see July 11, 2003). On the second page, Martin takes copious notes documenting the administration’s options. The first in the list is to put Cheney on NBC’s Meet the Press to dodge the claim, with annotations as to the pros and cons of that particular effort. The second option is to leak information from the classified National Intelligence Estimate (NIE) on Iraq’s WMD programs (see October 1, 2002) to reporters. Two reporters, the New York Times’s David Sanger and the Washington Post’s Walter Pincus, are mentioned as possible targets of the planned leak. [Office of the Vice President, 7/11/2003 pdf file; National Public Radio, 3/7/2007] In 2007, Martin, will testify as to the strategies discussed by Mary Matalin (see July 10, 2003) and the communications staff (see January 25-29, 2007). One option is to have Cheney go on “Meet the Press;” notes from the strategy discussion cite the pros of going on that show as “best format, we control the message,” but Martin and others fear having Cheney coming across as defensive. Another option is to approach Sanger, whom the notes say is working on “what he thought was a definitive piece, we could go to Sanger and tell him our version of this.” The discussion also cites the Washington Post’s Walter Pincus as a possible leak recipient. Another option is to have either National Security Adviser Condoleezza Rice or Defense Secretary Donald Rumsfeld hold a press conference. Finally, they can have a sympathetic third party write an “independent” op-ed for a national newspaper such as the Post or the New York Times that would promote their message. Martin also speaks with Time’s Matthew Cooper, and informs him that the administration is backing away from its claims that Iraq was attempting to procure uranium from Niger (see 3:09 p.m. July 11, 2003). [Marcy Wheeler, 1/25/2007]

Entity Tags: Matthew Cooper, Donald Rumsfeld, Mary Matalin, David Sanger, Bush administration (43), Catherine (“Cathie”) Martin, Walter Pincus, NBC News, Richard (“Dick”) Cheney, Condoleezza Rice

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

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

Vice President Dick Cheney, his chief of staff Lewis “Scooter” Libby, and communications deputy Cathie Martin hold a luncheon with conservative columnists at Cheney’s Blair House residence, according to testimony given in 2007 (see January 25-29, 2007). Martin, who will testify about the meeting, does not name the columnists, nor does she go into specifics about what is discussed. She will say that the prime topic of discussion is the Iraq-Niger allegations (see 3:09 p.m. July 11, 2003) and the White House’s desire for the columnists to “tell the larger story” to their audiences (see (July 11, 2003)). Martin will testify that Libby issued most of the invitations and she issued “a couple.” [Marcy Wheeler, 1/25/2007]

Entity Tags: Bush administration (43), Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Catherine (“Cathie”) Martin

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

In the Lewis Libby perjury trial, the testimony of CIA briefer Craig Schmall (see January 24-25, 2007) is interrupted by a lengthy sidebar between prosecutors and defense attorneys. The question centers around the defense’s apparent efforts to introduce Libby’s “memory defense” (see January 31, 2006) without actually placing Libby on the stand to testify to his allegedly poor memory. During the discussion, Judge Reggie Walton observes that it will be “suicide” for the defense not to allow Libby to testify. “There will be no memory defense if Libby doesn’t testify,” he says. “If Mr. Libby doesn’t testify there’ll be no memory defense. I don’t see how a memory defense exists.” [Marcy Wheeler, 1/25/2007] Former prosecutor Christy Hardin Smith, writing for the progressive blog FireDogLake, writes that Libby’s lawyers are attempting “to slip that memory defense and the national security information which has already been ruled, in part, to be very limitedly admissible, if at all, into the minds of the jury through a back door and a completely unrelated witness.” She notes prosecutor Patrick Fitzgerald’s argument that Libby’s lawyers are attempting to “bootstrap” the evidence and the arguments into the case without necessarily placing Libby on the stand. Smith writes, “To pull this sort of stunt during trial is a slap at the authority of the court and its very detailed, very specific orders—and the judge’s very careful and thorough consideration of the defendant’s rights to this very closely guarded, very difficult to obtain information regarding some highly classified national security matters.” Lead defense lawyer Theodore Wells, she writes, “could not stop himself from ‘gilding the lily’” by attacking the credibility of Schmall and fellow CIA witness Robert Grenier (see January 24, 2007). Walton has long since ruled that if the Libby team wants to mount a “memory defense,” it must do so with Libby’s own testimony. Smith writes that with this and an unrelated attempt by Wells to delay the trial (see January 25-29, 2007), Wells’s “hubris” may have irreparably damaged his team’s standing with Walton. [Christy Hardin Smith, 1/25/2007]

Entity Tags: Patrick J. Fitzgerald, Christy Hardin Smith, Lewis (“Scooter”) Libby, Robert Grenier, Theodore Wells, Reggie B. Walton, Craig Schmall

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

The Washington Post’s Dan Froomkin takes NBC bureau chief Tim Russert to task for “enabling” White House and other governmental officials. Froomkin is responding to Russert’s testimony in the Lewis Libby trial (see February 7-8, 2007); Russert told the court that whenever a governmental official calls him, their conversation is presumptively “off the record” unless he specifically asks permission to use a particular bit from the conversation. Froomkin asks the rhetorical question: “If you’re a journalist, and a very senior White House official calls you up on the phone, what do you do? Do you try to get the official to address issues of urgent concern so that you can then relate that information to the public?” Froomkin’s answer: “Not if you’re… Tim Russert.” Froomkin says of Russert’s practice: “That’s not reporting, that’s enabling. That’s how you treat your friends when you’re having an innocent chat, not the people you’re supposed to be holding accountable.” Russert, who Froomkin says is one of “the elite members of Washington’s press corps,” joins his fellows in seeming “more interested in protecting themselves and their cozy ‘sources’ than in informing the public.” Froomkin notes that in testimony from Cathie Martin, Vice President Dick Cheney’s former communications director, Cheney’s staff viewed going on Russert’s Meet the Press as a way to go public but “control [the] message” (see (July 11, 2003) and January 25-29, 2007). Froomkin writes, “Sure, there might be a tough question or two, but Russert could be counted on not to knock the veep off his talking points—and, in that way, give him just the sort of platform he was looking for.” Froomkin notes that after Russert’s testimony, Huffington Post founder Arianna Huffington told an interviewer: “This assumption that somehow any conversation with a government official is automatically assumed to be highly confidential… gives the sense to the average citizen that this is a kind of club, to which government officials and major news reporters belong. And that anything discussed between them is automatically off the record, no matter whether it is of public interest or not.” Froomkin also notes that media observer Eric Boehlert calls Russert and the Washington press corps “timid,” and quotes Boehlert as saying the reporters are leaving the tough investigative work to prosecutor Patrick Fitzgerald while they carp from the sidelines (see February 6, 2007). [Washington Post, 2/8/2007] Liberal blogger Duncan Black, who posts under the Internet moniker “Atrios,” responds to Froomkin’s article by writing: “I’ll be generous and say that as much as we’re all horrified by the generally ‘we’re all friends’ attitude of the media and the rest of official Washington, I’ll acknowledge that some of this is inevitable and I don’t think journalists should always be playing ‘gotcha.’ But we’re not talking about assuming stuff is off the record at social events, or something, we’re talking about assuming stuff is off the record, by default, even when it’s clear that Russert is in his role as a journalist. Journalism ceases to be about bringing truth to the public and becomes official court stenography. Russert only reports what people agree to let him report.… By essentially running administration press releases through a guy like Russert, they launders [sic] the information and give it the stamp of truth from a news guy that people inexplicably trust.” [Duncan Black, 2/8/2007]

Entity Tags: Dan Froomkin, Catherine (“Cathie”) Martin, Tim Russert, Lewis (“Scooter”) Libby, Arianna Huffington, Patrick J. Fitzgerald, Duncan Black, Eric Boehlert

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

As the Libby legal team prepares to put on its defense, the New York Times publishes an admiring profile of Lewis Libby’s lead attorney, Theodore Wells. The headline calls Wells “tough but deft,” and introduces him as “a celebrated defense lawyer with a reputation for a sure and supple touch with criminal juries.” The profile, written by reporters Neil Lewis and David Johnston, is based on an interview with one of Wells’s former clients, former Agriculture Secretary Michael Espy. Wells successfully defended Espy against a 30-count indictment of accepting illegal gifts during his tenure in the Clinton administration. The profile also quotes Wells’s legal partner in the Espy case, Reid Weingarten, who says of Wells: “The real truth about Ted is that it’s not about the flash, the geniality, and the big smile. He is a prodigious worker. He loves facts. No one outworks him. No one.” Former federal prosecutor Andrew Luger, who faced Wells in 1991, says Wells is “able to navigate complex issues in a way that made them very understandable to a lay jury.… He was able to do something that not all trial lawyers can do. He can present himself as personally easygoing and yet be very commanding.” The profile notes Wells’s “tall and athletic bearing,” his “skill as a communicator” during his opening statement (see January 23, 2007), and his ability to “strik[e] notes of anger, incredulity, and wounded innocence on behalf of” Libby. The reporters compare him to prosecutor Patrick Fitzgerald, portraying the government’s chief lawyer in the trial as “methodical [and] unemotional.” The reporters also praise Wells’s partner in the trial, William Jeffress, citing Jeffress’s “clarinet-smooth drawl to suggest his disbelief of accounts of several of the prosecution witnesses he has cross-examined, among them Judith Miller, the former New York Times reporter” (see January 30-31, 2007 and January 31, 2007). Towards the end of the profile, the reporters note that Wells was unsuccessful in at least one instance of attempting to slow the pace of the trial (see January 25-29, 2007). [New York Times, 2/10/2007]

Entity Tags: Neil Lewis, Andrew Luger, David Johnston, Michael Espy, Patrick J. Fitzgerald, Theodore Wells, New York Times, William Jeffress, Judith Miller, Reid Weingarten

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

New York Sun reporter Josh Gerstein, in an analysis of the Lewis Libby trial, says the jury has a “plethora of reasons to acquit Libby” if it chooses to do so. Gerstein runs through the defense’s attempts to paint Libby as having tremendous memory problems (see February 13, 2007), and reminds readers that the memories of several government witnesses have been challenged by the defense (see January 23-24, 2007, January 24-25, 2007, January 24, 2007, January 25-29, 2007, January 29, 2007, January 30-31, 2007, January 31, 2007, February 1-5, 2007, February 7-8, 2007, February 13, 2007, and February 14, 2007). The defense has also offered three different theories to explain Libby’s prosecution, including his victimization by reporters, the CIA, and State Department, and White House officials attempting to protect deputy chief of staff Karl Rove. “You throw out as much as you can, hoping to get one juror,” says criminal defense lawyer Edward Hayes. “People like conspiracy theories.” Another defense lawyer, Benjamin Brafman, says: “It’s not inconceivable you could get a couple of jurors to say, ‘I don’t think he’s guilty because of memory. We all forget some things.’ A couple of jurors might not like that argument but might be persuaded by the suggestion he’s a sacrificial lamb and the administration is protecting Rove.” On the other hand, the defense’s “scattershot approach” might make the jury lose faith in its arguments. Branfman says: “I think you have to be very careful throwing defenses into a case. [Prosecutor Patrick] Fitzgerald is going to look at the number of defenses and comment on that. If something was made in their opening statement and they didn’t deliver, he has the right to comment on that.” And Hayes adds that the defense should be careful in suggesting that all the prosecution witnesses are “out to get” Libby: “What you can’t do is argue that every single witness is a bad person, lying, and out to hurt somebody. That’s just too much.” Most of the defense lawyers interviewed by Gerstein say they agree with the defense’s decision not to allow Libby to testify. Brafman agrees with an argument recently advanced by conservative columnist Byron York (see February 15, 2007), that the jury had already heard Libby’s testimony through audiotapes of his previous testimony to a grand jury (see February 5, 2007 and February 6, 2007), and to allow Libby to restate his earlier testimony and be cross-examined again would be “superfluous and perhaps reckless.” Gerstein concludes with praise from Brafman about lead defense attorney Theodore Wells. “Ted Wells is probably one of the most eloquent criminal defense lawyers in the United States. He’s a very charming man,” Brafman says. “He’ll probably deliver one of the best summations anyone has ever seen in any case.” [New York Sun, 2/16/2007]

Entity Tags: Theodore Wells, Lewis (“Scooter”) Libby, Edward Hayes, Josh Gerstein, Karl C. Rove, Benjamin Brafman, Patrick J. Fitzgerald, Byron York

Timeline Tags: Niger Uranium and Plame Outing

Peter Zeidenberg (left) and Patrick Fitzgerald outside the courthouse during the Libby trial.Peter Zeidenberg (left) and Patrick Fitzgerald outside the courthouse during the Libby trial. [Source: Reuters / Jonathan Ernst]After some final sparring between opposing counsel, the prosecution makes its closing argument in the Lewis Libby perjury and obstruction trial. Assistant prosecutor Peter Zeidenberg opens with a lengthy presentation summing up the prosecution’s case against Libby. [Marcy Wheeler, 2/20/2007; MSNBC, 2/21/2007]
Evidence Proves Libby Lied to FBI, Grand Jury - According to Zeidenberg, the evidence as presented shows that Libby lied to both the FBI (see October 14, 2003 and November 26, 2003) and the grand jury empaneled to investigate the Plame Wilson identity leak (see March 5, 2004 and March 24, 2004). He lied about how he learned about Valerie Plame Wilson’s CIA identity, who he spoke to about it, and what he said when he talked to others about Plame Wilson. A number of witnesses, including NBC reporter Tim Russert (see February 7-8, 2007), testified about Libby’s discussions to them about Plame Wilson’s identity. Libby forgot nine separate conversations over a four-week period, Zeidenberg says, and invented two conversations that never happened, one with Russert and one with Time magazine reporter Matthew Cooper. “That’s not a matter of forgetting or misremembering,” he says, “it’s lying.”
No Evidence of White House 'Scapegoating' - The defense argued in its opening statement that Libby was being “scapegoated” by the White House to protect the president’s deputy chief of staff, Karl Rove (see January 23, 2007). No witness, either for the prosecution or the defense, referenced any such effort to scapegoat Libby. The defense may have promised evidence showing such a conspiracy to frame Libby, but, Zeidenberg says, “unfulfilled promises from counsel do not constitute evidence.”
Libby Learned of Plame Wilson's Identity from Five Administration Officials in Three Days - Zeidenberg then walks the jury through the testimony as given by prosecution witnesses. Both former State Department official Marc Grossman (see January 23-24, 2007) and former CIA official Robert Grenier testified (see January 24, 2007) that Libby had badgered Grossman for information about former ambassador and administration critic Joseph Wilson (see May 29, 2003), and Grossman not only told Libby about Wilson and his CIA-sponsored trip to Niger, but that Wilson’s wife was a CIA official (see June 10, 2003 and 12:00 p.m. June 11, 2003). Zeidenberg notes, “When Grossman told this to Libby, it was the fourth time, in two days, that Libby had been told about Wilson’s wife.” Libby had learned from Vice President Cheney that Wilson’s wife was a CIA official (see (June 12, 2003)). Two hours after Libby’s meeting with Grossman, Grenier told the jury that Libby had pulled him out of a meeting to discuss Wilson (see 2:00 p.m. June 11, 2003). During that impromptu discussion, Grenier told Libby that Wilson’s wife was a CIA official. Libby then learned of Plame Wilson’s CIA status from Cathie Martin, Cheney’s communications aide (see 5:25 p.m. June 10, 2003 and 5:27 p.m. June 11, 2003). Martin, who testified for the prosecution (see January 25-29, 2007), learned of Plame Wilson’s CIA status from CIA press official Bill Harlow. Zeidenberg ticks off the officials who informed Libby of Plame Wilson’s CIA status: Cheney, Grenier, Martin, and Grossman. (Zeidenberg is as yet unaware that Libby had also heard from another State Department official, Frederick Fleitz, of Plame Wilson’s CIA status—see (June 11, 2003)). On June 14, Libby heard about Plame Wilson from another CIA official, briefer Craig Schmall (see 7:00 a.m. June 14, 2003), who has also testified for the prosecution (see January 24-25, 2007). Schmall’s testimony corroborates the testimony from Martin, Grossman, and Grenier, Zeidenberg asserts.
Leaking Information to Judith Miller - On June 23, just over a week after learning Plame Wilson was a CIA official, Libby informed then-New York Times reporter Judith Miller of Plame Wilson’s CIA status (see June 23, 2003). Why? Zeidenberg asks. Because Libby wanted to discredit the CIA over what Libby saw as the agency’s failure to back the administration’s claims about Iraqi WMDs. Miller is the sixth person, Zeidenberg says, that Libby talked to about Plame Wilson. Miller also testified for the prosecution (see January 30-31, 2007).
Told Press Secretary - On July 7, Libby told White House press secretary Ari Fleischer about Plame Wilson (see 12:00 p.m. July 7, 2003). Fleischer, under a grant of immunity from the prosecution, also testified (see January 29, 2007). By that point, Wilson had published his op-ed in the New York Times (see July 6, 2003), a column the administration considered to be highly damaging towards its credibility. Libby told Fleischer that the information about Plame Wilson was to be kept “hush hush.” However, Zeidenberg says, it is likely that Libby intended Fleischer to spread the information about Plame Wilson to other reporters, which in fact he did (see 8:00 a.m. July 11, 2003). Fleischer is the seventh person that evidence shows Libby spoke to concerning Plame Wilson.
Conferring with Cheney's Chief Counsel - The eighth person in this list is David Addington. At the time, Addington was Cheney’s chief counsel; after Libby stepped down over being indicted for perjury and obstruction (see October 28, 2005), Addington replaced him as Cheney’s chief of staff. Addington also testified for the prosecution (see January 30, 2007). Libby asked Addington if the president could legally declassify information at will, referring to the October 2002 National Intelligence Estimate on Iraq (NIE—see October 1, 2002). Libby planned on leaking NIE material to Miller on July 8 (see 8:30 a.m. July 8, 2003).
Leaking Classified Material to Miller - As stated, Libby indeed leaked classified material to Miller, during their meeting at the St. Regis Hotel. The “declassification” was highly unusual; only Cheney, Libby, and President Bush knew of the declassification. Libby again told Miller of Plame Wilson’s CIA status, and this time told her, incorrectly, that Plame Wilson worked in the WINPAC (Weapons Intelligence, Nonproliferation, and Arms Control) section of the agency. Cheney and Libby chose Miller, of all the reporters in the field, to leak the information to, Zeidenberg says; in her turn, Miller went to jail for almost three months rather than testify against Libby (see October 7, 2004). That fact damages her credibility as a prosecution witness.
The Russert Claim - Zeidenberg then turns to NBC’s Russert, who also testified for the prosecution (see February 7-8, 2007). Zeidenberg notes that after lead defense attorney Theodore Wells initially asserted that neither Russert nor any other reporter testifying for the prosecution was lying under oath, Wells and other defense attorneys cross-examined Russert for over five hours trying to prove that he indeed did lie. Libby claimed repeatedly to the grand jury that Russert told him of Plame Wilson’s CIA identity (see July 10 or 11, 2003), an assertion Russert has repeatedly denied. Zeidenberg plays an audiotape of Libby’s grand jury testimony featuring Libby’s assertion. Libby, Zeidenberg states, lied to the grand jury. Russert never made any such statement to Libby. [Marcy Wheeler, 2/20/2007] The defense tried to assert that Russert lied about his conversation with Libby because of some “bad blood” between the two. However, “evidence of [such a] feud is completely absent from the trial.” And if such a feud existed, why would Libby have chosen Russert to lie about before the jury? Such an assertion is merely a desperate attempt to discredit Russert, Zeidenberg says.
Matthew Cooper - Zeidenberg then turns to former Time reporter Matthew Cooper, another recipient of a Libby leak about Plame Wilson (see 2:24 p.m. July 12, 2003). Cooper also testified for the prosecution (see January 31, 2007). When Libby told the grand jury that Cooper asked him about Plame Wilson being a CIA official, and Libby said he responded, “I don’t know if it’s true,” Libby lied to the jury. Zeidenberg plays the audiotape of Libby making the Cooper claim. Had Libby made such a statement, Cooper could not have used it as confirmation of his own reporting. Cooper did indeed use Libby as a source for a Time article (see July 17, 2003). Cooper’s testimony is corroborated by Martin’s recollection of the Libby-Cooper conversation. Zeidenberg says: “Martin was present. She never heard any of what you heard Libby just hear it. She never heard, ‘I don’t know if it’s true.’ If she had heard it, she would have said something, because she knew it was true.”
FBI Agent Bond's Testimony - Zeidenberg briefly references testimony from FBI agent Deborah Bond (see February 1-5, 2007), who told the court that Libby may have discussed leaking Plame Wilson’s identity to the press. Bond’s testimony corroborates the prosecution’s assertion that Libby attempted to obscure where he learned of Plame Wilson’s identity.
Grounds for Conviction - Zeidenberg reminds the jury of the three separate instances the prosecution says are Libby lies, then tells them if they find any one of the three statements to be actual lies, they can convict Libby of perjury. “You don’t have to find that all three were false beyond reasonable doubt,” he says. “You have to unanimously agree on any one.” Of the two false statements Libby is charged with making to investigators, the jury need only find one of them is truly false.
Defense Assertions - Zeidenberg turns to Libby’s main defense, that he was so overwhelmed with important work as Cheney’s chief of staff that it is unreasonable to expect him to remember the details that he is accused of lying about (see January 31, 2006). Zeidenberg says the trial has elicited numerous instances of conversations Libby had, for example his conversation with Rove about Robert Novak (see July 8 or 9, 2003), that he remembered perfectly well. Zeidenberg then plays the relevant audiotape from the grand jury proceedings. Why is it, he asks, that Libby can remember that conversation so well, but consistently misremembered nine separate conversations he had about Plame Wilson? “When you consider Libby’s testimony, there’s a pattern of always forgetting about Wilson’s wife,” Zeidenberg says. Libby remembered details about Fleischer being a Miami Dolphins fan, but didn’t remember talking about Plame Wilson. He remembered talking about the NIE with Miller, but not Plame Wilson. He remembered talking about declassification with Addington, but not Wilson’s wife. Zeidenberg calls it a “convenient pattern,” augmented by Libby’s specific recollections about not discussing other issues, such as Cheney’s handwritten notes about Wilson’s op-ed (see July 7, 2003 or Shortly After). The defense also claims that Libby confused Russert with Novak; Zeidenberg puts up pictures of Russert and Novak side by side, and asks if it is credible to think that Libby made such a mistake. The entire “memory defense,” Zeidenberg says, is “not credible to believe. It’s ludicrous.” Libby was far too involved in the administration’s efforts to discredit Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). [Associated Press, 2/20/2007; Marcy Wheeler, 2/20/2007]
Motive to Lie - Zeidenberg addresses the idea of motive: why would Libby lie to the FBI and the grand jury, and why nine government witnesses would lie to the Libby jury. “Is it conceivable that all nine witnesses would make the same mistake in their memory?” he asks. Not likely. It is far more likely that Libby was motivated to lie because when he testified to FBI investigators, he knew there was an ongoing investigation into the Plame Wilson leak. He knew he had talked to Miller, Cooper, and Fleischer. He knew the FBI was looking for him. He knew from newspaper articles entered into evidence that the leak could have severely damaged Plame Wilson’s informant network and the Brewster Jennings front company (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006). Even Addington’s testimony, about Libby asking him about the legality of leaking classified information, is evidence of Libby’s anxiety over having disclosed such information. And Libby knew that such disclosure is a breach of his security clearance, not only risking his job, but prosecution as well. So when he is questioned by the FBI, he had a choice: tell the truth and take his chances with firing and prosecution for disclosing the identity of a covert agent, or lie about it. “And, ladies and gentlemen,” Zeidenberg says, “he took the second choice. He made up a story that he thought would cover it.” And when caught out, he claimed to have forgotten that he originally knew about Plame Wilson’s identity. Libby, Zeidenberg says, “made a gamble. He lied. Don’t you think the FBI and the grand jury and the American people are entitled to straight answers?” [Marcy Wheeler, 2/20/2007; Murray Waas, 12/23/2008]
No Conspiracy, Just a Lie - Zeidenberg concludes by telling the jury that there was no grand White House conspiracy to scapegoat Libby, nor was there an NBC conspiracy to smear him. The case is just about Libby lying to federal authorities. “When you consider all the evidence, the government has established that the defendant lied to the FBI, lied to the grand jury, and obstructed justice.” [Marcy Wheeler, 2/20/2007]

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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