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Context of 'August 8, 2005: Former Clinton Adviser Tells of Rumors Surrounding Reporter’s Involvement in Plame Wilson Leak, Predicts More ‘Times’ Subpoenas'

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

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

Timeline Tags: Niger Uranium and Plame Outing

Federal investigators working with special counsel Patrick Fitzgerald in the Plame Wilson identity leak investigation (see December 30, 2003) will ask White House officials to sign waivers freeing journalists from any pledges of confidentiality they may have granted during discussions about CIA official Valerie Plame Wilson. A senior administration official says that a number of top aides to President Bush will be asked to sign a one-page form giving permission for journalists to describe any such conversations to investigators, even if the journalists promised not to reveal the source. Bush’s promises of full cooperation will put “tremendous pressure” on the aides to comply, the official says. However, some investigators believe that many journalists will not respect such “blanket waivers,” and will refuse to reveal sources regardless of whether the White House aides sign them or not. The form reads that it is the wish of the White House official that “no member of the media assert any privilege or refuse to answer any questions” about the leak, according to a copy of the form obtained by the press. One aide sent a copy of the form is White House political strategist Karl Rove. [Washington Post, 1/2/2004] By January 5, Bush has not publicly stated that White House officials should, or should not, sign the waivers, according to press secretary Scott McClellan, who directs journalists to steer questions about the forms to the Justice Department. One unnamed government official is more forthcoming, however, calling the forms a “quintessential cover-your-rear-end” move by investigators. “It provides political cover, because you can say you tried everything, and this is a very politically charged environment,” the official says. “There’s no other value to it.” [Washington Post, 1/6/2004]

Entity Tags: Scott McClellan, Bush administration (43), George W. Bush, Patrick J. Fitzgerald, US Department of Justice, Valerie Plame Wilson, Karl C. Rove

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Judge Thomas Hogan.Judge Thomas Hogan. [Source: Washington City Paper]A federal judge orders New York Times reporter Judith Miller, who continues to refuse to comply with a subpoena in the Valerie Plame Wilson identity leak case (see December 30, 2003), to go to jail until she or the Times complies. Time magazine and its reporter Matthew Cooper have already agreed to comply with the subpoena, thereby sparing Cooper jail time (see July 1, 2005 and July 6, 2005). [Washington Post, 7/3/2007]
Refusal to Reveal Sources - Miller tells Judge Thomas Hogan: “Your Honor, in this case I cannot break my word just to stay out of jail. The right of civil disobedience based on personal conscience is fundamental to our system and honored throughout our history.… The freest and fairest societies are not only those with independent judiciaries, but those with an independent press that works every day to keep government accountable by publishing what the government might not want the public to know.… If journalists cannot be trusted to guarantee confidentiality, then journalists cannot function and there cannot be a free press.” Her attorney says, “Judy’s view is that any purported waiver she got from anyone (see January 2-5, 2004) was not on the face of it sufficiently broad, clear, and uncoerced.” Hogan, in sharp disagreement, calls Miller’s decision not to testify a possible “obstruction of justice.” [New York Times, 7/6/2005; New York Times, 7/7/2005; Wilson, 2007, pp. 222-223] He seems moved by Miller’s impassioned speech until she invokes her time in Iraq. At that point, according to reporter Marie Brenner, his face darkens. Special prosecutor Patrick Fitzgerald will later say, “Ms. Miller has great respect for the military who served in Iraq, as we should all do, but if one of those officers’ [lives] was compromised by the leak of classified information, we would want to see that justice was done.” [Vanity Fair, 4/2006] Hogan says Miller can leave the jail any time she likes. “She has the keys to release herself,” he says. “She has a waiver [from her source] she chooses not to recognize” (see January 2-5, 2004 and August 12, 2004 and After). She can “avoid even a minute of separation from her husband if she would do no more than just follow the law like every other citizen in America is required to do.” When Miller’s lawyers ask for home detention and denial of e-mail and cell phone access instead of incarceration, Hogan dryly retorts, referring to Miller’s extensive time spent in Iraq: “Certainly one who can handle the desert in wartime is far better equipped than the average person jailed in a federal facility.… Forced vacation at a comfortable home is not a compelling form of coercion.” [New York Times, 10/16/2005; Wilson, 2007, pp. 222-223] Miller will later tell a colleague: “I was told to put my medications in a Baggie, to understand that I would have no makeup, no personal items except for my pills.” Her lawyers tell her, “You are going in one door of the courthouse and out another.” [Vanity Fair, 4/2006]
'Draconian Act' - Times editor Bill Keller calls Miller’s incarceration “a chilling conclusion to an utterly confounding case,” and Fitzgerald’s decision to jail the reporter a “draconian act” that punishes “an honorable journalist” and will “serve future cover-ups of information that happens in the recesses of government and other powerful institutions.” Keller praises Miller’s “determination to honor her professional commitment,” noting that her defiance of the subpoenas “is not an attempt to put herself above the law. The law presented Judy with the choice between betraying a trust to a confidential source or going to jail. The choice she made is a brave and principled choice, and it reflects a valuing of individual conscience that has been part of this country’s tradition since its founding.” [New York Times, 7/7/2005]

Entity Tags: Patrick J. Fitzgerald, Marie Brenner, New York Times, Judith Miller, Matthew Cooper, Thomas Hogan, Time magazine, Bill Keller

Timeline Tags: Niger Uranium and Plame Outing

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

Entity Tags: Marie Brennan, Bush administration (43), Arianna Huffington, Judith Miller, Lowell Bergman, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Saul Pilchen

Timeline Tags: Niger Uranium and Plame Outing

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

Entity Tags: Judith Miller, Joseph Tate, Murray Waas, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

Entity Tags: Richard (“Dick”) Cheney, George W. Bush, Patrick J. Fitzgerald, Judith Miller, Murray Waas, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Former Clinton administration political consultant James Carville predicts that special counsel Patrick Fitzgerald will “com[e] after more people at the New York Times” in addition to Times reporter Judith Miller, who is in jail for refusing to cooperate with Fitzgerald’s investigation of the Valerie Plame Wilson identity leak (see July 6, 2005). Carville tells radio host Don Imus: “My sense is he’s coming after more people at the New York Times. He’s going to subpoena [executive editor] Bill Keller and all of them and ask them what Judy Miller told them. And if they don’t talk, he’s going to stick them in jail.” Carville also says that many people he talks to believe that Miller was used by the White House to “disseminate” Plame Wilson’s identity. “There are all sorts of rumors and I hear second hand that [Miller] was screaming out in the news room about this,” he says. The Times, Carville says, “to some extent is going to have to come clean. Because they’re going to have to tell us what Judy Miller knew, when she knew it, and who she told. And there’s a lot of people at the Times—and I know this to be a fact—who believe that.” Carville says it is difficult for Miller to claim First Amendment protections in refusing to discuss her knowledge of Plame Wilson’s identity leak. “It’s going to be very interesting to see whether [Miller’s] problem is a First Amendment [problem]—i.e., I want to protect a source—or a Fifth Amendment [problem]—I was out spreading this stuff too.” [NewsMax, 8/8/2005]

Entity Tags: Patrick J. Fitzgerald, Bill Keller, Judith Miller, Don Imus, New York Times, James Carville

Timeline Tags: Niger Uranium and Plame Outing

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

Entity Tags: Robert T. Bennett, Lewis (“Scooter”) Libby, Judith Miller, Joseph C. Wilson, Patrick J. Fitzgerald, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

In an op-ed, Washington Post columnist Richard Cohen pleads with special prosecutor Patrick Fitzgerald to terminate his investigation of the Plame Wilson identity leak. “The best thing Patrick Fitzgerald could do for his country is get out of Washington, return to Chicago, and prosecute some real criminals,” Cohen writes. Fitzgerald, Cohen asserts, has accomplished nothing besides jailing New York Times reporter Judith Miller (see July 6, 2005) and “repeatedly haul[ing] this or that administration high official before a grand jury, investigating a crime that probably wasn’t one in the first place but that now, as is often the case, might have metastasized into some sort of coverup—but, again, of nothing much.” Cohen advises Fitzgerald to “[g]o home, Pat.” He says that for administration officials, the investigation is “[n]ot nice,” but is an example of Washington business as usual. “This is rarely considered a crime,” Cohen writes. Perhaps the outing of Valerie Plame Wilson, a clandestine CIA agent, “might technically be one,” but Cohen writes that “it was not the intent of anyone to out a CIA agent and have her assassinated (which happened once) but to assassinate the character of her husband. This is an entirely different thing. She got hit by a ricochet.” Cohen writes that Fitzgerald may be considering indicting White House officials, not for outing Plame Wilson, but for related crimes, perhaps disclosing secrets or on some sort of conspiracy charges. “Whatever the case, I pray Fitzgerald is not going to reach for an indictment or, after so much tumult, merely fold his tent, not telling us, among other things, whether Miller is the martyr to a free press that I and others believe she is or whether, as some lefty critics hiss, she’s a double-dealing grandstander, in the manner of some of her accusers.” Cohen says that the larger issue is “control of information,” and explains: “If anything good comes out of the Iraq war, it has to be a realization that bad things can happen to good people when the administration—any administration—is in sole control of knowledge and those who know the truth are afraid to speak up. This—this creepy silence—will be the consequence of dusting off rarely used statutes to still the tongues of leakers and intimidate the press in its pursuit of truth, fame, and choice restaurant tables. Apres Miller comes moi.” Intimidating reporters would have more far-reaching effects than bringing what Cohen calls “trivial charges” to court. “Please, Mr. Fitzgerald,” Cohen concludes, “there’s so much crime in Washington already. Don’t commit another.” [Washington Post, 10/13/2005]

Entity Tags: Patrick J. Fitzgerald, Bush administration (43), Judith Miller, Valerie Plame Wilson, Richard Cohen

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

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

Timeline Tags: Events Leading to Iraq Invasion

In an op-ed, the Wall Street Journal’s editorial staff accuses special counsel Patrick Fitzgerald of “criminalizing politics” in his investigation of the Plame Wilson leak. Fitzgerald’s investigation, the editorial reads, has taken two years, cost millions of dollars, jailed a reporter (see July 6, 2005), “and preoccupied some of the White House’s senior officials.” The investigation has culminated in the indictment of former White House official Lewis Libby (see October 28, 2005), not for leaking Valerie Plame Wilson’s identity to the press, but for what the Journal calls “contradictions between his testimony and the testimony of two or three reporters about what he told them, when he told them, and what words he used.” The Journal writes that there is no evidence, at least to the public’s knowledge, that Libby lied to anyone, be it the FBI (see October 14, 2003 and November 26, 2003), the grand jury (see March 5, 2004 and March 24, 2004), or anyone else. Nowhere has anyone alleged a motive for Libby’s alleged perjury, the Journal states (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). And, the Journal notes, Libby was not a source for the column that actually outed Plame Wilson as a CIA official. The Journal questions the existence of any White House “conspiracy to silence administration critics,” and if there was, it writes, “it was more daft than deft.” Instead, the Journal writes, the Libby indictment “amounts to an allegation that one official lied about what he knew about an underlying ‘crime’ that wasn’t committed.” Fitzgerald is merely involving himself in what the Journal calls “a policy dispute between an elected administration and critics of the president’s approach to the war on terror, who included parts of the permanent bureaucracy of the State Department and CIA.” [Wall Street Journal, 10/29/2005]

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Eve Burton, the general counsel for the Hearst Corporation, says the success of the subpoenas and compelled testimony levied against reporters in the Plame Wilson identity leak investigation (see August 7, 2004, August 9, 2004, August 9, 2004, August 12, 2004 and After, August 24, 2004, September 13, 2004, September 15, 2004, October 7, 2004, October 13, 2004, December 2004, February 15, 2005, June 27, 2005, July 1, 2005, July 6, 2005, July 6, 2005, July 11, 2005, July 13, 2005, September 15, 2005, September 29, 2005, September 30, 2005, October 7, 2005, October 12, 2005, November 14, 2005, November 16-17, 2005, and January 20, 2006) has been chilling for reporters. She calls recent developments “troubling,” and continues, “From July to December [2005] we had 42 subpoenas, eight times the number we got in the same six-month period last year.” The language in all the court cases and filings “either invoke[s] the Plame case or they say that now all the rules have changed.” Burton blames the Bush Justice Department in part for the trend, saying: “It is clearly a political decision coming out of the Bush Justice Department to go after the press in this country. In our 42 subpoenas, they will come after anything and everything—B roll at the TV stations, for example. Basic general assignment reporting. A call will come in from the government: ‘I understand you took footage of Joe Blow!’ And the reporter at a station, usually inexperienced, will say, ‘No, we did not take any footage.’ Then we will end up having fights in court with the prosecutor about what constitutes a waiver.” The subpoenas at Hearst, Burton says, involve broadcast stations and newspapers all over the country. “Typically, it is non-published and confidential material” being subpoenaed, she says. “This is the danger of making the press the investigative arm for the government.” Burton and Hearst are fighting every subpoena, no matter how seemingly minor. Burton does not blame special prosecutor Patrick Fitzgerald as much as she blames the increasing lackadaisical attitude of the press itself. “The media has taken its responsibility to fight these subpoenas too loosely,” she says. “When we were fighting every single battle, we were doing better. Then we went through a time when we started to make deals. When you start making deals, you empower people to come after you. It is as simple as that.” [Vanity Fair, 4/2006]

Entity Tags: Eve Burton, Patrick J. Fitzgerald, US Department of Justice, Hearst Corporation

Timeline Tags: Niger Uranium and Plame Outing

Columnist Robert Novak, a recipient of several White House leaks regarding covert CIA official Valerie Plame Wilson (see July 7, 2003, July 8 or 9, 2003, (July 11, 2003), and Before July 14, 2003) and the author of the column exposing Plame Wilson (see July 14, 2003), publishes a column in the conservative Weekly Standard attacking the authors of Hubris, a book that identified former Deputy Secretary of State Richard Armitage as the original leaker of Plame Wilson’s identity (see June 13, 2003, July 8, 2003, September 6, 2006, and September 7, 2006).
Attacks Co-Author of Book - Novak focuses primarily on “stereotypical leftist activist” co-author David Corn, whom he accuses of engendering the entire Plame Wilson identity leak investigation with a column questioning the propriety of Novak’s exposure of a covert CIA official (see July 16, 2003), and writes that Corn and other “enemies of George W. Bush” used the investigation to try to “bring down a president” (Bush). Now, Novak writes, Corn is in the ironic position of having co-authored a book “that has had the effect of killing the story.” (Novak credits co-author Michael Isikoff, not Corn, with discovering the Armitage leak.) To regain traction, Novak writes, “Corn has been frantic… to depict an alternate course in which [White House official Karl] Rove, [former White House official Lewis] Libby, and Vice President Cheney attempted, by design and independently, to do what Armitage purportedly accomplished accidentally.” Armitage’s leak was a gossipy “slip-up” that occurred simultaneously with what Corn and Isikoff called “a concerted White House effort to undermine a critic of the war,” former ambassador Joseph Wilson. Novak says the “conspiracy theory” of a White House effort to denigrate and smear Wilson is specious (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006), and calls the book’s detailed recounting of the misdeeds of the White House surrounding the Wilson smear and the Plame Wilson exposure “tiresome.” Novak dismisses Hubris as little more than “an unmitigated apologia for the Wilsons.”
Justifies Own Cooperation with Prosecution - He goes on to justify his repeated (and unreported) testimonies before the Patrick Fitzgerald grand jury (see October 7, 2003, February 5, 2004, and September 14, 2004), saying since Fitzgerald already knew who his sources for the Plame Wilson leak were (Libby, Armitage, and CIA official Bill Harlow), “there was no use in not testifying about them,” and he “feared facing the same legal juggernaut that sent Judith Miller of the New York Times to jail” (see July 6, 2005).
Claims Plame Wilson Not Covert - Novak says that no one—Armitage, Libby, Rove, nor himself—could be prosecuted for outing Plame Wilson because she “was not a covert operative under the terms of the law” (see Fall 1992 - 1996, Late 1990s-2001 and Possibly After, April 22, 1999, (July 11, 2003), Before July 14, 2003, July 22, 2003, July 30, 2003, September 30, 2003, October 11, 2003, October 22-24, 2003, January 9, 2006, February 13, 2006, and September 6, 2006).
Exposes White House Source - Novak concludes the article by identifying former White House press aide Adam Levine (see February 6, 2004 and October 26, 2005) as the source for the “1x2x6” articles published by the Washington Post (see September 28, 2003 and October 12, 2003). [Weekly Standard, 9/23/2006]

Entity Tags: Michael Isikoff, George W. Bush, David Corn, Bill Harlow, Adam Levine, Judith Miller, Lewis (“Scooter”) Libby, Richard Armitage, Valerie Plame Wilson, Richard (“Dick”) Cheney, Karl C. Rove, Robert Novak

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

The New York Times editorial board publishes an op-ed about the conviction of former White House official Lewis Libby (see March 6, 2007). The Times writes that Libby, at one time one of the most senior officials in the White House, “was caught lying to the FBI. He appears to have been trying to cover up a smear campaign that was orchestrated by his boss against the first person to unmask one of the many untruths that President Bush used to justify invading Iraq. He was charged with those crimes, defended by the best lawyers he could get, tried in an open courtroom, and convicted of serious felonies.” The Times says the verdict is a “reminder of how precious the American judicial system is, at a time when it is under serious attack from the same administration Mr. Libby served. That administration is systematically denying the right of counsel, the right to evidence, and even the right to be tried to scores of prisoners who may have committed no crimes at all.” The Times also notes that the trial gave an important glimpse into “the methodical way that [Vice President Dick] Cheney, Mr. Libby, [White House political strategist] Karl Rove, and others in the Bush inner circle set out to discredit Ms. Wilson’s husband, Joseph Wilson IV. Mr. Wilson, a career diplomat, [who] was sent by the State Department in 2002 [later corrected by the Times to acknowledge that the CIA sent Wilson] to check out a British intelligence report that Iraq had tried to buy uranium from the government of Niger for a secret nuclear weapons program.” Wilson’s exposure of the Bush administration’s false claims that Iraq had tried to buy Nigerien uranium (see Mid-January 2003 and 9:01 pm January 28, 2003) led to a Cheney-led “smear campaign” against 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) which led to the exposure of his wife, Valerie Plame Wilson, as a covert CIA official (see June 13, 2003, June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, and July 12, 2003). The Times writes: “That is what we know from the Libby trial, and it is some of the clearest evidence yet that this administration did not get duped by faulty intelligence; at the very least, it cherry-picked and hyped intelligence to justify the war.… What we still do not know is whether a government official used Ms. Wilson’s name despite knowing that she worked undercover. That is a serious offense, which could have put her and all those who had worked with her in danger.” While the Times decries special counsel Patrick Fitzgerald jailing a former Times reporter, Judith Miller, for refusing to reveal Libby as her confidential source (see July 6, 2005), “it was still a breath of fresh air to see someone in this administration, which specializes in secrecy, prevarication, and evading blame, finally called to account.” [New York Times, 3/7/2007]

Entity Tags: Judith Miller, Bush administration (43), Federal Bureau of Investigation, Joseph C. Wilson, Valerie Plame Wilson, Patrick J. Fitzgerald, Karl C. Rove, George W. Bush, New York Times, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Norman Pearlstine.Norman Pearlstine. [Source: Norman Pearlstine.]Norman Pearlstine, the former editor of Time magazine and the person who made the final decision to cooperate with the prosecution in the Lewis Libby perjury trial by turning over notes from former Time reporter Matthew Cooper (see July 1, 2005), writes a column for Time outlining how he feels the trial of Libby (see January 16-23, 2007 and March 6, 2007) did serious and possibly permanent damage to the mainstream media, much of that damage self-inflicted. Pearlstine begins by echoing many conservative writers in saying that “[w]hile the administration’s behavior was tawdry, there was no proof that intelligence laws had been broken or that an investigation was necessary.” Unlike many conservative pundits and publications, Pearlstine does not lambast special counsel Patrick Fitzgerald, instead observing that “once convinced that Libby (but not [White House political strategist Karl] Rove) had lied under oath, the prosecutor argued that he had no choice but to indict, charging Libby with perjury, making false statements, and obstruction of justice.” Pearlstine says that whatever Fitzgerald’s intentions, he incited a “First Amendment showdown” with the press: “By issuing subpoenas that required reporters to betray their sources, Fitzgerald created the showdown.” Pearlstine says that because Fitzgerald won the court battles to force journalists to testify about their sources, “[s]ome ugly truths emerged about one of the biggest problems with Washington journalism—a symbiosis between reporters and sources in which the reporters often think that it is their first job to protect their sources and that informing the public comes second.” Pearlstine is critical of former New York Times reporter Judith Miller, who went to jail rather than reveal her sources to Fitzgerald’s grand jury (see July 6, 2005). It was clear during Miller’s testimony that her record-keeping was sloppy and disorganized (see January 31, 2007), and that she was all too willing to cooperate with Libby to the possible detriment of her reporting, as when she agreed to obfuscate his identity by identifying him as a “former Hill staffer” instead of a senior White House official (see 8:30 a.m. July 8, 2003). Pearlstine writes, “It was a telling example of her willingness to breach journalistic ethics in order to coddle close sources.” Pearlstine concludes by observing that because Fitzgerald was so successful in compelling journalists to reveal their confidential sources, other lawyers will seek to do the same. “Journalism and the public interest will suffer,” he writes. Pearlstine advocates the legislative passage of a federal shield law to protect journalists and their sources. [Time, 5/31/2007]

Entity Tags: Karl C. Rove, Judith Miller, Patrick J. Fitzgerald, Time magazine, Norman Pearlstine, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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