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Context of 'October 31, 2005: Conservative Columnist Calls for Repeal of Independent Counsel Statute'

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

Entity Tags: Abu Bakr Mosque, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

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

According to the subsequent investigation by special counsel Patrick Fitzgerald, Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby, calls the State Department to ask about the results of former ambassador Joseph Wilson’s trip to Niger (see February 21, 2002-March 4, 2002). Libby is particularly interested in learning who the “unnamed ambassador” was, and who sent Wilson to Niger. [Raw Story, 11/2/2005; Dubose and Bernstein, 2006, pp. 216] According to the New York Times, Libby asks an undersecretary of state, presumably Marc Grossman (see 12:00 p.m. June 11, 2003), for the information. [New York Times, 2006] Grossman later testifies that Libby did indeed contact him for the information (see January 23-24, 2007). Grossman is allegedly involved in a nuclear smuggling ring (see (1997-2002) and Summer 2001), and knows Wilson’s wife, Valerie Plame Wilson, is investigating the ring (see Summer-Autumn 2001).
Libby Contacts Bolton? - However, according to a 2005 report by the news Web site Raw Story, Libby asks Undersecretary of State John Bolton for the information regarding Wilson’s mission to Niger. Bolton refers the query to Grossman, who directs the State Department’s intelligence arm, the Bureau of Intelligence and Research (INR), to prepare a report concerning Wilson and his trip (see June 10, 2003). Within days, Grossman informs Libby of Wilson’s identity. The INR memo is written as part of a work-up order orchestrated by the White House Iraq Group (WHIG—see August 2002). [Raw Story, 11/2/2005; CounterPunch, 11/9/2005]
CIA Tells Bolton of Plame Wilson's Identity - Bolton also learns that Wilson’s wife, Valerie Plame Wilson, is a CIA official. He learns this from his chief of staff, Frederick Fleitz, who also serves as a senior CIA Weapons Intelligence, Nonproliferation, and Arms Control official. Bolton tells his aide David Wurmser, who is working concurrently in Cheney’s office. Wurmser passes the information along to another Cheney aide, John Hannah. Around June 11, Fleitz will inform Libby of Plame Wilson’s status (see (June 11, 2003)).
Bolton's Connections to CIA - According to Raw Story, Bolton has “his own connections to agents at the CIA who share… his political philosophy on Iraq.” Greg Thielmann, a former director at the State Department who was assigned to Bolton and entrusted with providing him with intelligence information, will later say of Bolton, “He surrounded himself with a hand-chosen group of loyalists, and found a way to get CIA information directly.” [Raw Story, 11/2/2005]

Entity Tags: US Department of State, Valerie Plame Wilson, White House Iraq Group, Richard (“Dick”) Cheney, Marc Grossman, Weapons Intelligence, Nonproliferation, and Arms Control, Joseph C. Wilson, Lewis (“Scooter”) Libby, Bureau of Intelligence and Research, Central Intelligence Agency, Frederick Fleitz, David Wurmser, John Hannah, John R. Bolton, Greg Thielmann

Timeline Tags: Niger Uranium and Plame Outing

In his 2008 book What Happened, then-deputy press secretary Scott McClellan will write that at this time, the covert “campaign to undermine [former ambassador] Joe Wilson’s credibility as a critic of the White House’s use of intelligence to bolster the case for war was beginning.” McClellan will write that the decision to keep President Bush “out of the loop” on the Wilson propaganda offensive was a deliberate decision made by top Bush officials—and Bush himself. McClellan will write: “The president and those around him agreed that, in Washington’s permanent campaign environment, the president was always to be shielded from the unsavory side of politics and any potential fallout. He would stay above the fray, uninvolved in the aggressive, under-the-radar counterpunching of his advisers. He purposely chose to know little of anything about the tactics they employed.” Presidential deniability, McClellan will note, is of paramount importance. [McClellan, 2008, pp. 166-167]

Entity Tags: Bush administration (43), Scott McClellan, Joseph C. Wilson, George W. Bush

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

According to notes later submitted as evidence, Lewis Libby, the chief of staff for Vice President Dick Cheney, discusses an upcoming Washington Post article with Cheney. The article focuses on inquiries made by Post reporter Walter Pincus about the administration’s claims that Iraq has WMD, and a challenge to those claims by former ambassador Joseph Wilson (see Early June 2003). Pincus intends to write about the doubts now being cast on the administration’s WMD claims. [US Department of Justice, 2/2007 pdf file]

Entity Tags: Washington Post, Joseph C. Wilson, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, Walter Pincus

Timeline Tags: Niger Uranium and Plame Outing

Marc Grossman, the undersecretary of state for political affairs, prepares a memo about former ambassador Joseph Wilson’s trip to Niger to ascertain the truth or falsity of claims that Iraq had attempted to purchase uranium from that nation (see February 21, 2002-March 4, 2002). The memo refers explicitly to Wilson’s wife, Valerie Plame Wilson, as a CIA official and identifies her as Wilson’s wife, using the name “Valerie Wilson.” The second paragraph of the memo is marked with an “S,” denoting that Wilson is a covert operative for the agency. [New York Times, 7/16/2005; Rich, 2006, pp. 180]
Memo Based on Information from State Department's Intelligence Bureau - Grossman prepares his memo based on information he receives from Carl Ford of the State Department’s in-house intelligence agency, the Bureau of Intelligence and Research (INR). Ford, in a paragraph marked SNF for “secret, not foreign,” cites “Valerie Wilson, a CIA WMD manager and the wife of Joe Wilson.” [US Department of State, 6/10/2003 pdf file; Washington Post, 7/21/2005]
INR: Wilson a 'Walk On' - The INR report calls Wilson a “walk on,” and goes on to note: “From what we can find in our records, Joe Wilson played only a walk-on part in the Niger/Iraq uranium story. In a February 19, 2002 meeting convened by Valerie Wilson (see February 19, 2002), [a] CIA WMD manager and the wife of Joe Wilson, he previewed his plans and rationale for going to Niger but said he would only go if the department thought his trip made sense.” [US Department of State, 6/10/2003 pdf file; ABC News, 1/24/2007]
Libby Originated Request for Information on Wilsons; Memo Contains Erroneous Material - The memo is prepared by Grossman at the request of the INR; the INR in turn responded to a request from Lewis “Scooter” Libby, the vice president’s chief of staff. The memo claims that Plame Wilson “apparently convened” the CIA meeting that resulted in her husband’s selection for the investigative journey to Niger, a claim that Plame Wilson will later note is erroneous. According to Plame Wilson, Doug Rohn, the INR official who joined the February 2002 CIA meeting about Wilson’s proposed trip (see February 13, 2002), was late to the meeting and was not sure about Plame Wilson’s role. She had already left the meeting by the time Rohn arrived. When Grossman wrote his memo in June 2003, Rohn had left Washington to become the consul general in Karachi, Pakistan. Another analyst, Neil Silver, actually writes the memo for Grossman using Rohn’s old notes. Silver states as a fact that Plame Wilson convened the meeting. Authors Michael Isikoff and David Corn will later write: “Inadvertently, Rohn’s uninformed impression was now portrayed as a hard-and-fast truth. It would soon become, in the hands of White House spinners, a political charge.” The rest of the memo is fairly accurate, Plame Wilson will observe, and notes that, as the INR memo says: “Joe Wilson played only a walk-on part in the Niger-Iraq uranium story.… [H]e previewed his plans and rationale for going to Niger, but said he would only go if the [State] Department thought that his trip made sense.” [Wilson, 2007, pp. 261-262]

Entity Tags: Neil Silver, Marc Grossman, Lewis (“Scooter”) Libby, Central Intelligence Agency, Douglas Rohn, Bureau of Intelligence and Research, Valerie Plame Wilson, David Corn, Joseph C. Wilson, Michael Isikoff

Timeline Tags: Niger Uranium and Plame Outing

Frederick Fleitz, the chief of staff for Undersecretary of State John Bolton, informs Vice President Dick Cheney’s chief of staff Lewis Libby that the wife of former ambassador Joseph Wilson is a CIA official (see June 10, 2003). Fleitz, who is also a CIA officer at the Weapons Intelligence, Nonproliferation, and Arms Control (WINPAC) desk, is responding to an inquiry from Libby about the fact-finding trip to Niger by Wilson (see February 21, 2002-March 4, 2002 and May 29, 2003). Fleitz tells Libby that Wilson’s wife, whom he does not name but who is Valerie Plame Wilson, works at the CIA, and is believed to have been responsible for sending Wilson to Niger. [Raw Story, 11/2/2005]

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

Timeline Tags: Niger Uranium and Plame Outing

According to the investigation by special counsel Patrick Fitzgerald, Vice President Cheney’s chief of staff, Lewis Libby, learns from Undersecretary of State Marc Grossman that former ambassador Joseph Wilson’s wife, Valerie Plame Wilson, is an undercover CIA agent (see June 10, 2003). Grossman tells Libby that “Joe Wilson’s wife works for the CIA,” and that State Department personnel are saying that Wilson’s wife was involved in planning Wilson’s trip to Niger (see February 21, 2002-March 4, 2002). [Dubose and Bernstein, 2006, pp. 216; Marcy Wheeler, 1/23/2007] Plame Wilson was working on counterproliferation issues for the CIA, and Grossman is allegedly involved in a nuclear smuggling ring (see (1997-2002) and Summer 2001). Grossman tipped the ring off to Plame Wilson’s attempts to penetrate it in the summer of 2001 (see Summer-Autumn 2001). Libby also receives the same information from an unnamed senior CIA official. [MSNBC, 2/21/2007] According to Libby’s 2005 indictment for perjury and obstruction of justice (see October 28, 2005), “Libby spoke with a senior officer of the CIA to ask about the origin and circumstances of Wilson’s trip (see February 21, 2002-March 4, 2002), and was advised by the CIA officer that Wilson’s wife worked at the CIA and was believed to be responsible for sending Wilson on the trip.” The next day, according to the indictment, Cheney will tell Libby that Plame Wilson works for the CIA’s counterproliferation division (see (June 12, 2003)). [National Journal, 2/2/2006]

Entity Tags: Valerie Plame Wilson, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Central Intelligence Agency, Joseph C. Wilson, Marc Grossman

Timeline Tags: A. Q. Khan's Nuclear Network, Niger Uranium and Plame Outing

Lewis “Scooter” Libby, chief of staff for Vice President Dick Cheney, phones senior CIA official Robert Grenier to ask about a recent trip to Niger by former ambassador Joseph Wilson (see February 21, 2002-March 4, 2002). Libby has just left a meeting with Cheney and Cheney’s press secretary, Cathie Martin. According to later testimony by Grenier (see January 24, 2007), Libby is “anxious” to learn about the trip, and obviously annoyed by Wilson’s claims that he was sent to Niger at the behest of Cheney. Grenier, the official in charge of the CIA’s actions as relating to Iraq, promises to look into the matter, but before he can speak again to Libby, the chief of staff pulls him out of a meeting with CIA Director George Tenet to ask him about Wilson. [Office of the Vice President, 6/11/2003 pdf file; New York Times, 2/4/2007; MSNBC, 2/21/2007; Marcy Wheeler, 6/6/2007]
Libby Discusses Feasibility of Leaking Wilson Info - Grenier will later testify that he had never been pulled out of a meeting with Tenet before. Libby had already asked about Wilson, who was, according to Libby, “going around town and speaking to people in the press” about a mission he’d been sent on by the agency to investigate claims that Iraq had sought to buy yellowcake uranium from Niger (see February 21, 2002-March 4, 2002). Libby tells Grenier to check out Wilson’s story, and find out if Wilson’s claim that his mission was prompted by the Office of the Vice President is true (see (February 13, 2002)). “He sounded a little bit aggrieved,” Grenier will later testify. “There was a slightly accusatory tone in his voice.” This tone suggests to Grenier that Libby “would need this information sooner than later, so he could potentially get out in front of this story.” Later that day, Grenier receives a call from the CIA’s counterproliferation division—Valerie Plame Wilson’s bureau—confirming that Wilson had been sent to Niger by the agency (see Shortly after February 13, 2002). Grenier calls Libby back and relays that information. The State Department and Pentagon were also interested in the results of Wilson’s investigation, Grenier tells Libby. Grenier also tells Libby that Wilson’s wife works in the same CIA unit as the one that sent Wilson to Niger. The information about Wilson and his wife seems to please Libby, Grenier will later recall. Libby speculates as to the feasibility of leaking that information to the press. Grenier contacts CIA public affairs official Bill Harlow and tells Libby, “We can work something out.” Libby then tells Grenier that Martin will coordinate the effort with Harlow and the CIA public affairs office (see 5:27 p.m. June 11, 2003). [Marcy Wheeler, 1/24/2007; ABC News, 1/24/2007; Mother Jones, 1/25/2007]
Grenier Wonders if He Revealed Identity of Agency Official - After hanging up, Grenier will later testify, he feels somewhat guilty, “as if I had said too much.” In particular, he worries that he may have “revealed the identity of an agency officer.” He will testify that such information is something “we normally guard pretty closely. In the CIA our habit is that if we don’t need to say something, we generally don’t.” But, he later says he told himself, “look—this is a senior government official, he probably has every security clearance known to man.” [Marcy Wheeler, 1/24/2007; Mother Jones, 1/25/2007]

Entity Tags: Robert Grenier, Richard (“Dick”) Cheney, Office of the Vice President, Counterproliferation Division, Joseph C. Wilson, Lewis (“Scooter”) Libby, Central Intelligence Agency, George J. Tenet, 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

Portion of Libby’s notes indicating the approximated date of June 12, 2003.Portion of Libby’s notes indicating the approximated date of June 12, 2003. [Source: Office of the Vice President / The Next Hurrah]Vice President Cheney informs his chief of staff, Lewis Libby, that Valerie Plame Wilson is a senior official for the CIA’s counterproliferation division. Cheney tells Libby that he has learned that information from CIA Director George Tenet (see June 11 or 12, 2003). Cheney’s conversation with Libby is made public over two years later, when Libby is indicted for perjury and obstruction of justice in regards to the investigation of White House officials leaking Plame Wilson’s identity to the press (see October 28, 2005). According to the indictment: “On or about June 12, 2003, Libby was advised by the vice president of the United States that [former ambassador Joseph] Wilson’s wife worked at the Central Intelligence Agency in the counterproliferation division. Libby understood that the vice president had learned this information from the CIA.” Cheney was within the law to inform Libby of Plame Wilson’s CIA employment, as he could with any government official with the proper security clearance. [Office of the Vice President, 6/12/2003 pdf file; Dubose and Bernstein, 2006, pp. 216; New York Times, 2006; National Journal, 2/2/2006; MSNBC, 2/21/2007] Libby has also learned of Plame Wilson’s CIA status from Marc Grossman of the State Department (see 12:00 p.m. June 11, 2003).
Date of Conversation Unclear - The exact date of the Cheney-Libby conversation is somewhat unclear. Libby’s note on the conversation is dated June 12, but Libby later admits that he wrote the date and the description of the conversation—“telephone VP re ‘Uranium in Iraq’—Kristof NYT article”—after the fact, and then changed the date at an even later time. [Office of the Vice President, 6/12/2003 pdf file; Marcy Wheeler, 2/3/2007; Marcy Wheeler, 6/6/2007] Libby will later testify that the date of the conversation might have been before June 12. [US Department of Justice, 3/5/2004 pdf file] He will also testify that Cheney tells him about Plame Wilson “in an off sort of, curiosity sort of, fashion,” according to other court documents later made public. [National Journal, 2/6/2006] Libby will soon inform a reporter of Plame Wilson’s CIA status (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). He is aware of Plame Wilson’s covert status (see 12:00 p.m. June 11, 2003).

Entity Tags: Joseph C. Wilson, George J. Tenet, Counterproliferation Division, Richard (“Dick”) Cheney, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Central Intelligence Agency

Timeline Tags: Niger Uranium and Plame Outing

Washington Post reporter Bob Woodward meets with Deputy Secretary of State Richard Armitage, who informs him that Valerie Plame Wilson is a CIA officer working on the issue of WMD in the Middle East. Plame Wilson is the wife of Joseph Wilson, who was sent to Niger to determine the truth behind the Iraq-Niger uranium claims (see February 21, 2002-March 4, 2002 and July 6, 2003). [Washington Post, 11/16/2005; New York Times, 8/23/2006; MSNBC, 2/21/2007] Armitage has just received the information from State Department intelligence officers, who forwarded him a memo marked “Secret” that included information about Wilson’s trip, his findings, and the fact that his wife is a CIA agent (see June 10, 2003). [Los Angeles Times, 8/25/2005]
Revealing Plame Wilson's Identity - Woodward asks Armitage why the CIA would send Wilson to Niger. “It was Joe Wilson who was sent by the agency,” Woodward says, according to an audiotape Woodward plays for the court during the Lewis Libby trial (see February 12, 2007). “I mean, that’s just—” Armitage answers, “His wife works in the agency.” The two then have the following exchange:
bullet Woodward: “Why doesn’t that come out? Why does—”
bullet Armitage: “Everyone knows it.” (It is unclear who or what Armitage is referring to. Columnist Byron York will later write that Armitage is referring to Wilson being the anonymous foreign ambassador criticizing Bush in the press.)
bullet Woodward: “That have to be a big secret? Everyone knows.”
bullet Armitage: “Yeah. And I know [expletive deleted] Joe Wilson’s been calling everybody. He’s pissed off because he was designated as a low-level guy, went out to look at it. So, he’s all pissed off.”
bullet Woodward: “But why would they send him?”
bullet Armitage: “Because his wife’s a [expletive deleted] analyst at the agency.”
bullet Woodward: “It’s still weird.”
bullet Armitage: “It’s perfect. This is what she does—she is a WMD analyst out there.”
bullet Woodward: “Oh, she is.”
bullet Armitage: “Yeah.”
bullet Woodward: “Oh, I see.”
bullet Armitage: “[Expletive deleted] look at it.”
bullet Woodward: “Oh, I see. I didn’t [expletive deleted].”
bullet Armitage: “Yeah, see?”
bullet Woodward: “Oh, she’s the chief WMD?” (asking if Plame Wilson is the head of the Iraqi WMD bureau within the agency—see April 2001 and After).
bullet Armitage: “No, she isn’t the chief, no.”
bullet Woodward: “But high enough up that she can say, ‘Oh yeah, hubby will go?” (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005).
bullet Armitage: “Yeah, he knows Africa.”
bullet Woodward: “Was she out there with him?”
bullet Armitage: “No.”
bullet Woodward: “When he was an ambassador?”
bullet Armitage: “Not to my knowledge. I don’t know. I don’t know if she was out there or not. But his wife is in the agency and is a WMD analyst. How about that [expletive deleted]?” [New York Sun, 6/13/2003; Associated Press, 2/12/2007; National Review, 2/13/2007]
Woodward Does Not Report Plame Wilson's Identity - Woodward does not report this information. But Armitage’s divulgence may be the first time an administration official outs Plame Wilson, an undercover CIA agent, to a journalist. Woodward will later call the disclosure “casual and offhand,” and say the disclosure “did not appear to me to be either classified or sensitive.” He will note that “an analyst in the CIA is not normally an undercover position.” Woodward tells fellow Post reporter Walter Pincus that Plame Wilson is a CIA agent, but Pincus will say he does not recall the conversation. Woodward will note that on June 20, he will interview a “second administration official” with a notation to ask about “Joe Wilson’s wife,” but according to the recording of their conversation, the subject never comes up. Woodward enjoys extraordinary access to the White House for preparation of his second book on the Bush administration, Plan of Attack. [Washington Post, 11/16/2005; New York Times, 8/23/2006; Unger, 2007, pp. 310; MSNBC, 2/21/2007]

Entity Tags: Walter Pincus, Valerie Plame Wilson, US Department of State, Joseph C. Wilson, Bush administration (43), Central Intelligence Agency, Richard Armitage, Bob Woodward, Byron York

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

After the publication of a news analysis that quotes former ambassador Joseph Wilson as saying the White House knew the Iraq-Niger claims were “flat-out lie[s],” Lewis Libby, the chief of staff for Vice President Dick Cheney, and Eric Edelman, a national security adviser to Cheney, discuss the article over the telephone. Edelman asks if the details of Wilson’s trip to Niger (see February 21, 2002-March 4, 2002) can be disclosed to the public, but Libby says that “complications at the CIA” prevent that from happening. Edelman says he knows the subject should not be discussed in detail over an unsecured line. [US District Court for the District of Columbia, 10/28/2005 pdf file; CounterPunch, 11/9/2005; US District Court for the District of Columbia, 5/5/2006 pdf file]

Entity Tags: Eric Edelman, Joseph C. Wilson, Bush administration (43), Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Lewis “Scooter” Libby, chief of staff to Vice President Dick Cheney, “outs” a covert CIA agent to a reporter. Libby tells New York Times reporter Judith Miller, who has been a reliable outlet for administration leaks and disinformation (see December 20, 2001, August 2002, and May 1, 2003), that Valerie Plame Wilson is a CIA official. Plame Wilson is a covert CIA officer currently working at CIA headquarters on WMD issues in the Middle East. More importantly for Libby, she is the husband of former US ambassador Joseph Wilson, who went to Niger to verify the administration’s claims that Iraq had attempted to purchase uranium there (see February 21, 2002-March 4, 2002), and who has become an outspoken critic of the administration’s war policies both on television and in print (see July 6, 2003).
Libby Blames CIA for 'Slanted Intell' - Miller meets Libby at the Old Executive Building. Her focus is, as she has written in her notebook, “Was the intell slanted?” meaning the intelligence used to propel the US into war with Iraq. Libby is “displeased,” she notes, by what he calls the “selective leaking” of information to the press by the CIA. He calls it a “hedging strategy,” and Miller quotes him in her notes: “If we find it, fine, if not, we hedged.” Miller feels that Libby is trying to use the interview to set up a conflict between the White House and the CIA. He says that reports suggesting senior administration officials may have selectively used some intelligence reports to bolster their claims about Iraq while ignoring others are “highly distorted.” The thrust of his conversation, Miller will later testify (see September 30, 2005), is to try to blame the CIA for the intelligence failures leading up to the Iraq invasion. The CIA is now trying to “hedge” its earlier assessments, Libby says. He accuses it of waging what he calls a “perverted war” against the White House over the issue, and is clearly angry that it failed to, in his view, share its “doubts about Iraq intelligence.” He tells Miller, “No briefer came in [after the State of the Union address] and said, ‘You got it wrong, Mr. President.’”
Joseph Wilson and 'Valerie Flame' - Libby refers to “a clandestine guy,” meaning Wilson, and tells Miller that Cheney “didn’t know” about him, attempting to disassociate Cheney from any responsibility for Wilson’s trip. In her notes, Miller writes, “wife works in bureau?” and she will later testify that she is sure Libby is referring to the CIA. In her notes, she also writes the words “Valerie Flame,” a misspelled reference to Wilson’s wife. [New York Times, 10/16/2005; Vanity Fair, 4/2006; Unger, 2007, pp. 310; MSNBC, 2/21/2007]
No Story from Interview - Miller does not write a story based on the conversation with Libby. [New York Times, 10/16/2005; New York Times, 10/16/2005]
Libby a 'Good-Faith Source' - Miller will later recall Libby as being “a good-faith source who was usually straight with me.” [New York Times, 10/16/2005] She will note that she was not accustomed to interviewing high-level White House officials such as him. For Miller, Libby was “a major figure” and “one of the most senior people I interviewed,” she will say. “I never interviewed the vice president, never met the president, and have met Karl Rove only once. I operated at the wonk level. That is why all of this stuff that came later about my White House spin is such bullsh_t. I did not talk to these people.… Libby was not a social friend, like Richard Perle.” [Vanity Fair, 4/2006]
Initial Incorrect Dating by Times - In October, the New York Times will initially, and incorrectly, identify the date of this conversation as June 25. [New York Times, 10/8/2005]

Entity Tags: Judith Miller, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Joseph C. Wilson, Valerie Plame Wilson, Central Intelligence Agency

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Joseph Wilson, the former US ambassador to Gabon and a former diplomatic official in the US embassy in Iraq during the Gulf War (see September 20, 1990), writes an op-ed for the New York Times entitled “What I Didn’t Find in Africa.” Wilson went to Africa over a year ago (see February 21, 2002-March 4, 2002 and July 6, 2003) to investigate claims that the Iraqi government surreptitiously attempted to buy large amounts of uranium from Niger, purportedly for use in nuclear weapons. The claims have been extensively debunked (see February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). Wilson opens the op-ed by writing: “Did the Bush administration manipulate intelligence about Saddam Hussein’s weapons programs to justify an invasion of Iraq? Based on my experience with the administration in the months leading up to the war, I have little choice but to conclude that some of the intelligence related to Iraq’s nuclear weapons program was twisted to exaggerate the Iraqi threat.” Wilson notes his extensive experience in Africa and the Middle East, and says candidly: “Those news stories about that unnamed former envoy who went to Niger? That’s me” (see May 6, 2003). He makes it very clear that he believes his findings had been “circulated to the appropriate officials within… [the] government.”
Journey to Niger - Wilson confirms that he went to Africa at the behest of the CIA, which was in turn responding to a directive from Vice President Cheney’s office. He confirms that the CIA paid his expenses during the week-long trip, and that, while overseas, “I made it abundantly clear to everyone I met that I was acting on behalf of the United States government.” About Nigerien uranium, Wilson writes: “For reasons that are understandable, the embassy staff has always kept a close eye on Niger’s uranium business. I was not surprised, then, when the ambassador [Barbro Owens-Kirkpatrick] told me that she knew about the allegations of uranium sales to Iraq—and that she felt she had already debunked them in her reports to Washington” (see November 20, 2001). Wilson met with “dozens of people: current government officials, former government officials, people associated with the country’s uranium business. It did not take long to conclude that it was highly doubtful that any such transaction had ever taken place.” Wilson notes that Nigerien uranium is handled by two mines, Somair and Cominak, “which are run by French, Spanish, Japanese, German, and Nigerian interests. If the government wanted to remove uranium from a mine, it would have to notify the consortium, which in turn is strictly monitored by the International Atomic Energy Agency. Moreover, because the two mines are closely regulated, quasi-governmental entities, selling uranium would require the approval of the minister of mines, the prime minister, and probably the president. In short, there’s simply too much oversight over too small an industry for a sale to have transpired.” Wilson told Owens-Kirkpatrick that he didn’t believe the story either, flew back to Washington, and shared his findings with CIA and State Department officials. “There was nothing secret or earth-shattering in my report,” he writes, “just as there was nothing secret about my trip.”
State of the Union Reference - Wilson believed that the entire issue was settled until September 2002, when the British government released an intelligence finding that asserted Iraq posed an immediate threat because it had attempted to purchase uranium from Africa (see September 24, 2002). Shortly thereafter, President Bush repeated the charges in his State of the Union address (see 9:01 pm January 28, 2003). Wilson was surprised by the charge, but put it aside after discussing the issue with a friend in the State Department (see January 29, 2003). Wilson now knows that Bush was indeed referring to the Niger claims, and wants to set the record straight.
Posing a Real Nuclear Threat? - Wilson is now concerned that the facts are being manipulated by the administration to paint Iraq as a looming nuclear threat, when in fact Iraq has no nuclear weapons program. “At a minimum,” he writes, “Congress, which authorized the use of military force at the president’s behest, should want to know if the assertions about Iraq were warranted.” He is quite sure that Iraq has some form of chemical and biological weapons, and in light of his own personal experience with “Mr. Hussein and his thugs in the run-up to the Persian Gulf war of 1991, I was only too aware of the dangers he posed.” But, he asks, are “these dangers the same ones the administration told us about? We have to find out. America’s foreign policy depends on the sanctity of its information.… The act of war is the last option of a democracy, taken when there is a grave threat to our national security. More than 200 American soldiers have lost their lives in Iraq already. We have a duty to ensure that their sacrifice came for the right reasons.” [New York Times, 7/6/2003]
'Playing Congress and the Public for Fools' - Former Nixon White House counsel John Dean will write in 2004 that after Wilson’s editorial appears, he checks out the evidence behind the story himself. It only takes Dean a few hours of online research using source documents that Bush officials themselves had cited, from the International Atomic Energy Agency, the Department of Energy, the CIA, and the United Nations. He will write: “I was amazed at the patently misleading use of the material Bush had presented to Congress. Did he believe no one would check? The falsification was not merely self-evident, it was feeble and disturbing. The president was playing Congress and the public for fools.” [Dean, 2004, pp. 145-146]

Entity Tags: US Department of Energy, Richard (“Dick”) Cheney, United Nations, Somair, Office of the Vice President, Joseph C. Wilson, Bush administration (43), Barbro Owens-Kirkpatrick, New York Times, Cominak, John Dean, George W. Bush, Central Intelligence Agency, International Atomic Energy Agency

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

After the publication of Joseph Wilson’s op-ed debunking the administration’s claims of an Iraq-Niger uranium connection (see July 6, 2003), White House officials, including Vice President Dick Cheney, Deputy National Security Adviser Stephen Hadley, White House communications director Dan Bartlett, and Cheney’s chief of staff Lewis Libby discuss methods of discrediting Wilson. The four work with CIA Director George Tenet to declassify records that might help them prove their contention that they accurately portrayed intelligence about the Iraq-Niger claim, and put Wilson in a poor light. During Libby’s perjury trial (see January 16-23, 2007), a senior White House official involved in the process will testify: “We were trying to figure out what happened and get the story out. There was nothing nefarious as to what occurred.” In a 2007 interview, that same official will confirm what will be said in federal grand jury testimony and public court filings: that Cheney and Libby often acted without the knowledge or approval of other senior White House staff when it came to their efforts to discredit Wilson, including leaking classified information to the press. [National Journal, 1/12/2007]

Entity Tags: Stephen J. Hadley, Bush administration (43), Dan Bartlett, George J. Tenet, Joseph C. Wilson, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

A photo of the Wilson op-ed with Cheney’s notes written on it. The clipping will be presented as evidence in the Libby trial.A photo of the Wilson op-ed with Cheney’s notes written on it. The clipping will be presented as evidence in the Libby trial. [Source: National Public Radio]According to court documents filed by special prosecutor Patrick Fitzgerald in 2006, Vice President Dick Cheney has a conversation with his chief of staff, Lewis Libby, where he “expressed concerns to [Libby] regarding whether [former ambassador Joseph] Wilson’s trip [to Niger—see February 21, 2002-March 4, 2002) was legitimate or whether it was a junket set up by Mr. Wilson’s wife,” CIA agent Valerie Plame Wilson. Soon after the conversation, Libby discloses Plame Wilson’s CIA identity to a reporter, adding that Plame Wilson sent her husband to Niger (see 8:30 a.m. July 8, 2003). White House political strategist Karl Rove gives Time columnist Robert Novak similar information (see July 8, 2003). [National Journal, 6/14/2006] On a clipped copy of Wilson’s op-ed about his Niger mission (see July 6, 2003), Cheney writes: “Have they [the CIA] done this sort of thing before? Send an Amb. [ambassador] to answer a question? Do we ordinarily send people out pro bono to work for us? Or did his wife send him on a junket?” [New York Times, 5/14/2006; National Public Radio, 3/7/2007]

Entity Tags: Valerie Plame Wilson, Joseph C. Wilson, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

During the morning meeting for senior White House officials, political strategist Karl Rove tells the assemblage that the White House needs to “get the message out” about war critic Joseph Wilson (see July 6, 2003). Rove emphasizes the need to push the point that Wilson was not sent to Niger by Vice President Dick Cheney (see July 6, 2003, July 6-10, 2003, and July 7-8, 2003). At the meeting are Cheney, President Bush, Cheney’s chief of staff Lewis Libby, National Security Adviser Condoleezza Rice, and chief of staff Andrew Card, who will soon take over the administration’s response to the Iraq-Niger controversy (see (July 11, 2003)). [US District Court for the District of Columbia, 3/5/2004 pdf file] Libby brings an underlined copy of Wilson’s July 6 New York Times op-ed to the meeting. [Office of the Vice President, 7/7/2003]

Entity Tags: Karl C. Rove, Andrew Card, Bush administration (43), Condoleezza Rice, Joseph C. Wilson, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby

Timeline Tags: 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

Lewis Libby, the chief of staff for Vice President Dick Cheney, meets with New York Times reporter Judith Miller, during which time he gives Miller information he wants her to use to discredit administration critic Joseph Wilson (see 8:30 a.m. July 8, 2003). Libby tells Miller that Wilson’s wife, Valerie Plame Wilson, is a CIA agent. After meeting with Miller, Libby returns to the White House and immediately consults with Cheney’s chief counsel, David Addington. At Miller’s request, Libby had promised her that he would try to find out more about Wilson and his wife, and apparently he goes to Addington for additional information about the two, asking, according to court papers filed as part of Libby’s later indictment (see October 28, 2005), “in sum and substance, what paperwork there would be at the CIA if an employee’s spouse undertook an overseas mission.” Addington assures Libby that the classified information he divulged to Miller (see 7:35 a.m. July 8, 2003) was, by default, declassified once President Bush gave his permission to leak it: Addington tells Libby “that presidential authorization to publicly disclose a document amounted to a declassification of the document” (see July 12, 2003). Four days after Libby’s meetings with Miller and Addington, Libby speaks with Miller again, and gives her supplementary information about the Wilsons (see Late Afternoon, July 12, 2003). The information comes from court records and documents later made part of the special counsel’s investigation into the Plame Wilson leak. Nothing in those documents and records suggests that Addington broke the law, or had any role in, or knowledge of, leaking Plame Wilson’s identity to the press. However, as reporters Murray Waas and Paul Singer will later write: “Addington was deeply immersed in the White House damage-control campaign to deflect criticism that the Bush administration misrepresented intelligence information to make the case to go to war with Iraq, according to administration and Congressional sources. Moreover, as a pivotal member of the vice president’s office, Addington also attended strategy sessions in 2003 on how to discredit Wilson when the former ambassador publicly charged that the Bush administration misled the country in pushing its case for war, according to attorneys in the CIA leak probe” (see October 1, 2003). [Office of the Vice President, 7/8/2003 pdf file; US District Court for the District of Columbia, 8/27/2004 pdf file; US District Court for the District of Columbia, 10/28/2005 pdf file; National Journal, 10/30/2005]

Entity Tags: Richard (“Dick”) Cheney, Valerie Plame Wilson, Paul Singer, Lewis (“Scooter”) Libby, Judith Miller, Bush administration (43), Murray Waas, David S. Addington, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

The Library Lounge of the St. Regis Hotel, where Libby and Miller discussed the Wilsons.The Library Lounge of the St. Regis Hotel, where Libby and Miller discussed the Wilsons. [Source: Starwood Hotels]Lewis Libby, Vice President Dick Cheney’s chief of staff, meets with New York Times reporter Judith Miller for breakfast at the St. Regis Hotel in Washington, DC. Libby has already learned that Joseph Wilson’s wife, Valerie Plame Wilson, is an undercover CIA agent (see 12:00 p.m. June 11, 2003 and (June 12, 2003)).
Again Reveals Plame Wilson's CIA Identity - During their two-hour meeting, Libby again tells Miller, who will testify to this conversation over two years hence (see September 30, 2005), that Wilson’s wife is a CIA agent (see June 23, 2003), and this time tells Miller that she works with WINPAC, the CIA’s Weapons Intelligence, Non-Proliferation, and Arms Control bureau that deals with foreign countries’ WMD programs.
Claims that Iraq Tried to Obtain African Uranium - Libby calls Wilson’s Times op-ed (see July 14, 2003) inaccurate, and spends a considerable amount of time and energy both blasting Wilson and insisting that credible evidence of an Iraq-Niger uranium connection indeed exists. He also says that few in the CIA were ever aware of Wilson’s 2002 trip to Niger to verify the uranium claims (see February 21, 2002-March 4, 2002). Miller will write: “Although I was interested primarily in my area of expertise—chemical and biological weapons—my notes show that Mr. Libby consistently steered our conversation back to the administration’s nuclear claims. His main theme echoed that of other senior officials: that contrary to Mr. Wilson’s criticism, the administration had had ample reason to be concerned about Iraq’s nuclear capabilities based on the regime’s history of weapons development, its use of unconventional weapons, and fresh intelligence reports.” Libby gives Miller selected information from the classified National Intelligence Estimate on Iraq (NIE—see October 1, 2002) that he says backs up the administration’s claims about Iraqi WMD and the Iraq-Niger uranium claim. That information will later be proven to be false: Cheney has instructed Libby to tell Miller that the uranium claim was part of the NIE’s “key judgments,” indicating that there was consensus on the claim’s validity. That is untrue. The claim is not part of the NIE’s key judgments, but is contained deeper in the document, surrounded by caveats such as the claims “cannot [be] confirm[ed]” and the evidence supporting the claim is “inconclusive.” Libby does not inform Miller about these caveats. [New York Times, 10/16/2005; Dubose and Bernstein, 2006, pp. 216-217; Rich, 2006, pp. 183-184; Washington Post, 4/9/2006] In subsequent grand jury testimony (see March 24, 2004), Libby will admit to giving Miller a bulleted copy of the talking points from the NIE he wanted her to emphasize. He will tell prosecutor Patrick Fitzgerald that he had it typed by his assistant Jenny Mayfield. “It was less than what I had been authorized to share with her,” he will say, and describes it as about a third of a page in length. This document will either not be submitted into evidence in Libby’s trial (see January 16-23, 2007) or not be made publicly available. [Marcy Wheeler, 2/22/2007]
Libby Identified as 'Former Hill Staffer' and Not White House Official - Miller agrees to refer to Libby as a “former Hill staffer” instead of a “senior administration official” in any story she will write from this interview. Though technically accurate, that characterization, if it had been used, would misdirect people into believing the information came from someone with current or former connections to Congress, and not from the White House. Miller will not write a story from this interview. In later testimony before a grand jury, Libby will falsely claim that he learned of Plame Wilson’s CIA identity “from reporters.” The reverse is actually true. [New York Times, 10/16/2005; Dubose and Bernstein, 2006, pp. 216-217; Rich, 2006, pp. 183-184] Libby is also apparently aware of Wilson’s 1999 trip to Niger to find out whether Pakistani scientist A. Q. Khan had tried to procure Nigerien uranium (see Late February 1999), as Libby’s notes include the notation “Khan + Wilson?” Cheney’s chief lawyer, David Addington, has also asked Libby about Wilson’s 1999 trip. [Wilson, 2007, pp. 361-362] Libby has authorization from Cheney to leak classified information to Miller, and understands that the authorization comes directly from President Bush (see 7:35 a.m. July 8, 2003). It is unclear whether Libby has authorization from Cheney or Bush to divulge Plame Wilson’s CIA identity.
Miller Learned Plame Wilson Identity from Libby - Miller will later testify that she did not learn Plame Wilson’s identity specifically from Libby, but that testimony will be undermined by the words “Valerie Flame” (an apparent misspelling) written in her notes of this meeting. She will also testify that she pushed, without success, for her editors to approve an article about Plame Wilson’s identity. [New York Times, 10/16/2005]

Entity Tags: Jennifer Mayfield, Weapons Intelligence, Nonproliferation, and Arms Control, Judith Miller, Central Intelligence Agency, Abdul Qadeer Khan, Bush administration (43), Valerie Plame Wilson, Patrick J. Fitzgerald, Joseph C. Wilson, Lewis (“Scooter”) Libby, David S. Addington

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Mary Matalin.Mary Matalin. [Source: Slate (.com)]Mary Matalin, Vice President Dick Cheney’s communications director, warns Cheney’s chief of staff, Lewis Libby, about former ambassador Joseph Wilson. Wilson has recently published a column debunking the White House’s claim that Iraq had attempted to purchase enriched uranium from Niger, and accusing the Bush administration of manipulating intelligence to create an overblown case for attacking Iraq (see July 6, 2003). Matalin tells Libby that Wilson is a “snake,” and that his “story has legs.” According to prosecutor Peter Zeidenberg, who will present Matalin’s conversation during Libby’s perjury trial (see October 28, 2005), Matalin says: “We need to address the Wilson motivation. We need to be able to get the cable out. Declassified. The president should wave his wand.” By “the cable,” Matalin is referring to the CIA’s debriefing of Wilson after his trip to Niger (see March 4-5, 2002). Matalin also advises Libby to call NBC bureau chief Tim Russert and complain about MSNBC host Chris Matthews’s coverage of the Niger story. And she advises Libby to get a New York Times reporter such as David Sanger “or someone… to expose [the] Wilson story.” Two days later, Cheney will authorize Libby to declassify portions of the debriefing report (see July 12, 2003), telling him that President Bush has waved his wand, and Libby will again divulge Valerie Plame Wilson’s CIA identity to Times reporter Judith Miller (see Late Afternoon, July 12, 2003). [US Department of Justice, 3/5/2004 pdf file; US Department of Justice, 2/2007 pdf file; National Journal, 2/15/2007]

Entity Tags: Judith Miller, David Sanger, Chris Matthews, Bush administration (43), Joseph C. Wilson, Lewis (“Scooter”) Libby, Mary Matalin, Tim Russert, Peter Zeidenberg, Valerie Plame Wilson, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Shortly after he reveals to columnist Robert Novak that Valerie Plame Wilson is a CIA agent (see July 8, 2003), White House political strategist Karl Rove advises Lewis Libby, the chief of staff to Vice President Dick Cheney, of the conversation. According to the 2005 indictment filed against Libby (see October 28, 2005), “Libby spoke to a senior official in the White House (Official A) who advised Libby of a conversation Official A had earlier that week with… Novak, in which [Joseph] Wilson’s wife was discussed as a CIA employee involved in Wilson’s trip. Libby was advised by Official A that Novak would be writing a story about Wilson’s wife.” Attorneys involved in the case will later confirm that “Official A” is Rove. [US District Court for the District of Columbia, 10/28/2005 pdf file; National Journal, 11/12/2005]

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

While aboard Air Force One (see July 11, 2003), White House communications director Dan Bartlett and press secretary Ari Fleischer urge reporters, including Time correspondent John Dickerson, to write about the origins of Joseph Wilson’s CIA-backed mission to Niger (see February 21, 2002-March 4, 2002). Dickerson will later write that when he subsequently learns Wilson’s wife is a CIA official (see July 14, 2003), he then understands what he calls “the wink-wink nudge-nudge I was getting about who sent Wilson.” [Office of Special Counsel, 10/3/2005 pdf file; Slate, 2/7/2006]

Entity Tags: Bush administration (43), Ari Fleischer, Joseph C. Wilson, John Dickerson, Dan Bartlett

Timeline Tags: 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

Lewis Libby, the chief of staff for Vice President Dick Cheney, confirms to Time reporter Matthew Cooper that Valerie Plame Wilson is a CIA officer. Libby has been in regular communication with senior White House officials, including political strategist Karl Rove, to discuss how to discredit Plame Wilson’s husband, war critic Joseph Wilson. On July 11, the two spoke privately after a staff meeting. According to later testimony from both Rove and Libby, Rove told Libby that he had spoken to columnist Robert Novak on July 9 (see July 8 or 9, 2003), and that Novak would soon write a column about Plame Wilson (see July 14, 2003). Today, Libby joins Cheney and others flying to and from Norfolk, Virginia, aboard Air Force Two; on the return trip, Libby discusses with the others what he should say in response to media inquiries about Wilson’s recent column (see July 6, 2003 and July 12, 2003). After returning to Washington, Libby calls Cooper, a reporter for Time magazine, who has already learned from Rove that Plame Wilson is a CIA officer (see July 8, 2003 and 11:00 a.m. July 11, 2003). According to Libby’s 2005 indictment (see October 28, 2005), “Libby confirmed to Cooper, without elaboration or qualification, that he had heard this information, too,” that Plame Wilson was CIA. [National Journal, 3/30/2006] Libby speaks “on the record” to deny that Cheney had anything to do with the CIA’s decision to send Joseph Wilson to Niger (see July 6, 2003, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, and July 8, 2003). On background, Cooper asks Libby if he knows anything about Wilson’s wife being responsible for sending him to Niger. Libby replies, “Yeah, I’ve heard that too.” [Cooper, 7/12/2003 pdf file; Cooper, 7/12/2003 pdf file; United States Court of Appeals for the District of Columbia Circuit, 12/8/2004 pdf file; Time, 7/17/2005; US District Court for the District of Columbia, 10/28/2005 pdf file] Cheney’s communications director Cathie Martin and Libby’s aide Jenny Mayfield are present for Libby’s call to Cooper. [US District Court for the District of Columbia, 10/30/2006 pdf file] Later this afternoon, Libby phones New York Times reporter Judith Miller and discusses Plame Wilson’s CIA status (see Late Afternoon, July 12, 2003).

Entity Tags: Matthew Cooper, Jennifer Mayfield, Joseph C. Wilson, Catherine (“Cathie”) Martin, Bush administration (43), Karl C. Rove, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

New York Times reporter Judith Miller again speaks to Lewis Libby, Vice President Dick Cheney’s chief of staff, in regards to the Iraqi WMD controversy and the recent op-ed by former ambassador Joseph Wilson (see July 6, 2003). In Miller’s notes, she writes the words “Victoria Wilson.” Libby has twice informed Miller that Wilson’s wife, Valerie Plame Wilson, is a CIA agent (see June 23, 2003 and 8:30 a.m. July 8, 2003).
Miller Unsure of Details of Disclosure - In testimony about the interview two years later (see September 30, 2005), Miller will say that “before this [telephone] call, I might have called others about Mr. Wilson’s wife. In my notebook I had written the words ‘Victoria Wilson’ with a box around it, another apparent reference to Ms. Plame, who is also known as Valerie Wilson. I [testified] that I was not sure whether Mr. Libby had used this name or whether I just made a mistake in writing it on my own. Another possibility, I said, is that I gave Mr. Libby the wrong name on purpose to see whether he would correct me and confirm her identity.” In her testimony, Miller will say that at the time, she believed she had heard Wilson’s wife only referred to by her maiden name of Plame. When asked whether Libby gave her the name of Wilson, Miller will decline to speculate.
Criticizing Plame Wilson's Husband - During their conversation, Libby quickly turns the subject to criticism of Wilson, saying he is not sure if Wilson actually spoke to anyone who had knowledge of Iraq’s attempts to negotiate trade agreements with Niger. After Miller agrees to attribute the conversation to “an administration official,” and not Libby himself, Libby explains that the reference to the Iraqi attempt to buy uranium from Niger in President Bush’s State of the Union address—the so-called “sixteen words” (see 9:01 pm January 28, 2003)—was the product of what Miller will call “a simple miscommunication between the White House and the CIA.”
'Newsworthy' Disclosure - Miller will later testify that at the time, she felt it “newsworthy” that Wilson’s wife was a CIA agent, and recommended to her editors that the Times pursue the angle. She will write: “I felt that since the Times had run Mr. Wilson’s original essay, it had an obligation to explore any allegation that undercut his credibility. At the same time, I added, I also believed that the newspaper needed to pursue the possibility that the White House was unfairly attacking a critic of the administration.” [US District Court for the District of Columbia, 8/27/2004 pdf file; New York Sun, 10/4/2005; New York Times, 10/16/2005; New York Times, 10/16/2005; US District Court for the District of Columbia, 10/28/2005 pdf file]

Entity Tags: Lewis (“Scooter”) Libby, Judith Miller, Valerie Plame Wilson, Joseph C. Wilson, Central Intelligence Agency

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

The Bush administration releases a heavily redacted version of the October 2002 National Intelligence Estimate (NIE—see October 1, 2002). Most of the report is whited out, and most of what remains is selected from the key judgments section; those remnants tend to support the Bush administration’s position that Iraq possessed weapons of mass destruction and therefore posed a threat to the Middle East and perhaps to the US. The redacted version is released days after Vice President Dick Cheney authorized his chief of staff, Lewis Libby, to leak selected portions of the NIE to reporters (see 7:35 a.m. July 8, 2003, July 10, 2003, (July 11, 2003), July 12, 2003, and July 12, 2003). [National Foreign Intelligence Board, 10/2002 pdf file; National Foreign Intelligence Board, 7/18/2003; National Security Archive, 7/9/2004]
Overall Findings - According to the redacted release, the NIE found “that Iraq has continued its weapons of mass destruction (WMD) programs in defiance of UN resolutions and restrictions. Baghdad has chemical and biological weapons as well as missiles with ranges in excess of UN restrictions; if left unchecked, it probably will have a nuclear weapon during this decade.… We judge that we are seeing only a portion of Iraq’s WMD efforts, owing to Baghdad’s vigorous denial and deception efforts. Revelations after the Gulf War starkly demonstrate the extensive efforts undertaken by Iraq to deny information. We lack specific information on many key aspects of Iraq’s WMD programs. Since inspections ended in 1998, Iraq has maintained its chemical weapons effort, energized its missile program, and invested more heavily in biological weapons; in the view of most agencies, Baghdad is reconstituting its nuclear weapons program.”
Financing through Oil Sales - The NIE maintained that Iraq used illicit oil sales “to finance WMD programs,” that it “has largely rebuilt missile and biological weapons facilities damaged during Operation Desert Fox, and has expanded its chemical and biological infrastructure under the cover of civilian production.”
Seeking Weapons-Grade Uranium for Nuclear Weapons Program - As for nuclear weapons, “[a]lthough we assess that Saddam [Hussein] does not yet have nuclear weapons or sufficient material to make any, he remains intent on acquiring them.… How quickly Iraq will obtain its first nuclear weapon depends on when it acquires sufficient weapons-grade fissile material. If Baghdad acquires sufficient fissile material from abroad it could make a nuclear weapon within several months to a year. Without such material from abroad, Iraq probably would not be able to make a weapon until 2007 to 2009, owing to inexperience in building and operating centrifuge facilities to produce highly enriched uranium and challenges in procuring the necessary equipment and expertise.” The NIE judgments cited the long-discredited claims that Iraq purchased aluminum tubes as part of its nuclear weapons program (see Late September 2002 and March 7, 2003). In toto, the NIE claimed the existence of “compelling evidence that Saddam is reconstituting a uranium enrichment effort for Baghdad’s nuclear weapons program.”
Large, Covert Chemical Weapons Program - It found that Iraq produced between 100 and 500 metric tons “of mustard, sarin, GF (cyclosarin), and VX,” all deadly chemical agents, and had succeeded in hiding much of its production facilities “within Iraq’s legitimate chemical industry.” And Iraq was capable of filling “a limited number of covertly stored Scud” missiles, “possibly a few with extended ranges,” with chemical weapons.
Significant Biological Weapons Program - The redacted report claimed, “We judge that all key aspects—R&D, production, and weaponization—of Iraq’s offensive BW [biological weapons] program are active and that most elements are larger and more advanced than they were before the Gulf War.” Iraq had “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. Chances are even that smallpox is part of Iraq’s offensive BW program. Baghdad probably has developed genetically engineered BW agents. Baghdad has established a large-scale, redundant, and concealed BW agent production capability. Baghdad has mobile facilities for producing bacterial and toxin BW agents; these facilities can evade detection and are highly survivable.”
Delivery Systems - According to the judgments, Iraq possessed several dozen “Scud-variant” short-range ballistic missiles, and is developing other methods of delivering chemical and biological payloads, including unmanned aerial vehicles “probably intended to deliver biological warfare agent.” It claimed, “Baghdad’s UAVs could threaten Iraq’s neighbors, US forces in the Persian Gulf, and if brought close to, or into, the United States, the US homeland.” Iraq had attempted to procure commercially available software, including a topographic database, that would allow it to target specific areas within the US, the report said.
Not Conducting Terrorist Attacks - The report found that Iraq was not conducting “terrorist attacks with conventional or” chemical or biological weapons against the US for fear it would trigger American reprisals. However, the report claimed that Iraq “probably would attempt clandestine attacks against the US homeland if Baghdad feared an attack that threatened the survival of the regime were imminent or unavoidable, or possibly for revenge. Such attacks—more likely with biological than chemical agents—probably would be carried out by Special Forces or intelligence operatives.” More likely were covert attacks by Iraqi intelligence agents against “US and allied interests in the Middle East in the event the United States takes action against Iraq. The US probably would be the primary means by which Iraq would attempt to conduct any CBW attacks on the US homeland, although we have no specific intelligence information that Saddam’s regime has directed attacks against US territory.” In such a case, Iraq might have allied itself with al-Qaeda to conduct more widespread attacks against American targets within the US itself and/or overseas.
Dissent in a Box - In a small boxed area at the bottom of the redacted report is a summary of some of the dissents filed by the State Department’s Bureau of Intelligence and Research (INR). Called “State/INR Alternative View of Iraq’s Nuclear Program,” the dissents actually reiterate much of the conclusions in the main body of the report, but with the INR backing away from claiming Iraq’s “integrated and comprehensive approach to acquire nuclear weapons.” Neither is the INR sure of the findings about the aluminum tubes. [National Foreign Intelligence Board, 10/2002 pdf file; National Foreign Intelligence Board, 7/18/2003]
White House Briefing - An unnamed “senior administration official” briefs the Washington press corps on the redacted NIE release, walking the reporters through the contents of the report and reiterating Bush administration claims of the imminent danger posed by the Hussein regime, the Iraqi efforts to dodge UN oversight, and the support for the entire NIE throughout the US intelligence community. The official then quotes extensively from the October 2002 speech by President Bush in Cincinnati, where he made a number of specious and belligerent assertions about Iraq (see October 7, 2002). At the end of the briefing, the official concludes that everything Bush has told the public has been sourced from many different intelligence analyses and findings, and every claim Bush and his officials has made has been based in fact. The official blames “changes in style and tone” for the confusion and groundless claims made by Bush and other officials in earlier settings, particularly Bush’s January 2003 State of the Union address (see Mid-January 2003 and 9:01 pm January 28, 2003). “And as we’ve said all along, that information that we know today is different from information we knew then,” he says.
Questions - The official takes questions from the assembled reporters. The first question of substance concerns the CIA’s warnings to remove the Iraq-Niger claims from the Cincinnati speech (see October 5, 2002 and October 6, 2002) before they were included in the State of the Union address. The official explains that the speechwriters merely chose to be less specific in the Cincinnati speech than in the State of the Union address, because at that time the CIA only had “a single source” on which to base the Iraq-Niger assertion. The official denies that the claim was ever “flawed” or erroneous (see July 8, 2003), merely that it lacked adequate sourcing. He also denies that anyone in the White House knew that the Niger documents “proving” the uranium claim were forged until after the address (see March 8, 2003). The official repeatedly notes that the dubious and fallacious claims were “signed off” by the CIA, and by implication the fault of the CIA and not the White House. The official, responding to a question about the fact-finding trip to Niger by Joseph Wilson (see February 21, 2002-March 4, 2002) and his later repudiation of the Iraq-Niger uranium claims (see July 6, 2003), reiterates that no one at the White House knew of Wilson’s findings (see March 5, 2002 and March 8, 2002), and the report actually bolstered the intelligence community’s suspicions that Iraq was attempting to buy yellowcake uranium from Niger. [White House, 7/18/2003]

Entity Tags: Lewis (“Scooter”) Libby, Bush administration (43), Joseph C. Wilson, Bureau of Intelligence and Research, Richard (“Dick”) Cheney

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

The CIA sends a letter to the Justice Department affirming that the agency considers the identity leak of covert official Valerie Plame Wilson (see July 14, 2003) a possible crime. [Central Intelligence Agency, 1/30/2004 pdf file]

Entity Tags: Central Intelligence Agency, Valerie Plame Wilson, US Department of Justice

Timeline Tags: Niger Uranium and Plame Outing

Dick Cheney answering a question posed by Tim Russert on ‘Meet the Press.’Dick Cheney answering a question posed by Tim Russert on ‘Meet the Press.’ [Source: Life]Vice President Dick Cheney appears for an entire hour on NBC’s Meet the Press, and is interviewed by host Tim Russert. Cheney reiterates many of the administration’s claims about Iraq, including the necessity for the invasion, Iraqi WMD, the links between Iraq and al-Qaeda, the assertion that “most” Iraqis have greeted the US “as liberators,” and even the alleged connection between Iraq and the 9/11 attacks (which White House officials quickly repudiate—see September 14, 2003-September 17, 2003). Russert broaches the subject of former ambassador Joseph Wilson’s trip to Niger to investigate claims that Iraq had attempted to purchase uranium from that nation (see February 21, 2002-March 4, 2002). Russert asks Cheney, “Were you briefed on his findings in February, March of 2002?” Cheney responds: “No.… He never submitted a report that I ever saw when he came back.” Cheney is lying: he was given a copy of the CIA’s report on Wilson’s trip shortly after Wilson’s return from Niger (see March 5, 2002). He does admit to asking questions about the Iraq-Niger claims (see (February 13, 2002)). “And Joe Wilson—I don’t know who sent Joe Wilson,” he says. Despite this statement, Cheney is aware from the report that the CIA sent Wilson to Niger. Russert says, “The CIA did,” and Cheney responds, “Who in the CIA, I don’t know.” Cheney also states flatly that neither he nor his staff ever pressured the CIA to come up with intelligence that would bolster the administration’s rationale for war with Iraq. “I can’t think of a single instance,” he says. “I’m unaware of any where the community changed a judgment that they made because I asked questions.” Cheney is again lying: he and his chief of staff, Lewis Libby, made repeated trips to CIA headquarters that resulted in CIA analysts feeling heavily pressured to produce acceptable results to the White House (see 2002-Early 2003). [Meet the Press, 9/14/2003] In his testimonies before the grand jury investigating the Plame Wilson leak (see March 5, 2004 and March 24, 2004), Libby uses very similar language to Cheney’s in denying his knowledge of Wilson’s trip to Niger (see October 28, 2005). [Jeralyn Merritt, 10/31/2005]

Entity Tags: Joseph C. Wilson, Bush administration (43), Central Intelligence Agency, Richard (“Dick”) Cheney, Tim Russert, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

According to anonymous current and former intelligence officials, the CIA has carried out an in-house investigation of the damage done to the agency by the exposure of covert agent Valerie Plame Wilson (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, July 12, 2003, and July 14, 2003). That damage is described by the officials as “severe” and potentially far more damaging than has been previously reported, particularly to the agency’s ability to monitor Iran’s nuclear program (see February 13, 2006). The officials say that while CIA Director Porter Goss has not submitted a formal assessment of the damage caused by Plame Wilson’s exposure to Congressional oversight committees, the CIA’s Directorate of Operations did conduct a serious and aggressive investigation. That investigation, a “counter intelligence assessment to agency operations,” was ordered by the agency’s then-Deputy Director of the Directorate of Operations, James Pavitt. Former CIA counterintelligence officer Larry Johnson says that such an assessment would have had to have been carried out: “An exposure like that required an immediate operational and counter intelligence damage assessment. That was done. The results were written up but not in a form for submission to anyone outside of CIA.” A former counterintelligence officer says that the CIA’s reason for not submitting a report to Congress is that its top officials “made a conscious decision not to do a formal inquiry because they knew it might become public. They referred it [to the Justice Department] instead because they believed a criminal investigation was needed” (see September 16, 2003). According to that official, the assessment found the exposure of Plame Wilson caused “significant damage to operational equities.” Another counterintelligence official explains that “operational equities” includes both people and agency operations that involve the “cover mechanism,” “front companies,” and other CIA officers and assets. The assessment also shows that other CIA non-official cover (NOC) officers (see Fall 1992 - 1996) were compromised by Plame Wilson’s exposure. The officials will not say if American or foreign casualties were incurred as a result of her exposure. Several intelligence officials say it will take up to “10 years” for the agency to recover from the damage done by Plame Wilson’s exposure, and to recover its capability to adequately monitor nuclear proliferation on the level it had achieved prior to the White House’s leak of her identity. [Raw Story, 2/13/2006]

Entity Tags: Directorate of Operations, Central Intelligence Agency, Valerie Plame Wilson, James Pavitt, Porter J. Goss

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

The Washington Post publishes an article stating that in July, two White House officials had leaked the name and CIA employment status of Valerie Plame Wilson to at least six reporters, and told the reporters that Plame Wilson had been responsible for sending her husband to Niger (see 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 article is based on a leak of information by a “senior administration official.” Such an explosive leak is relatively rare from the Bush administration. Reporters Mike Allen and Dana Priest report, “It is rare for one Bush administration official to turn on another.” Asked about the motive for describing the leaks, the senior official says the leaks of Plame Wilson’s identity were “[c]learly… meant purely and simply for revenge.” The leaks were “wrong and a huge miscalculation, because they were irrelevant and did nothing to diminish [Joseph] Wilson’s credibility.” [Washington Post, 9/28/2003; Truthout (.org), 4/14/2006] The “senior administration official” will later be revealed to be State Department official Marc Grossman (see May 29, 2003, June 10, 2003, 12:00 p.m. June 11, 2003, and October 17, 2003). [Truthout (.org), 4/14/2006]
'1x2x6' Theory - Author and blogger Marcy Wheeler, covering the Plame Wilson leak and the subsequent perjury trial of Lewis Libby (see October 28, 2005) for the blogs The Next Hurrah and later Firedoglake, later writes that the Allen/Priest report states the “1x2x6 theory” of the leak, in which one anonymous source tells Allen and Priest that two senior White House officials called at least six Washington reporters to discuss Plame Wilson’s CIA status. Wheeler will note that one of those Washington reporters, Robert Novak, has denied being the White House’s “willing pawn” who leaked Plame Wilson’s identity when the other reporters refused (see July 14, 2003, September 29, 2003, and October 1, 2003). Wheeler will write, “Novak’s October 1 column was designed to refute the incredibly damaging quotes from the 1x2x6 source that clearly indicated the leak was planned.” She will speculate that the single anonymous source for Allen and Priest may be Secretary of State Colin Powell, but she will state that she is by no means sure, and has no proof of her speculation. [Marcy Wheeler, 8/29/2006]
Poor Reasoning - Wilson will later write that he is pleased to learn that “there was at least one Bush official who believed the conduct of his colleagues was ‘wrong.’ I was disappointed to read that he or she evidently judged it so not because it was a betrayal of national security but because it was beside the point and had done nothing to damage my credibility. Would the leak have been okay if it had really impeached my character and sent me skittering into some dungeon reserved for critics of the Bush administration?”
'Smear Campaign' Readied Well before Wilson Published Op-Ed - Wilson muses over the implications of the article. He concludes that if two White House officials had conducted such a large media campaign, “there must have been a meeting to decide on the action to take” (see June 2003). And because of the timing, the officials involved must have had the information on Plame Wilson “well before the appearance of my article on Sunday, July 6” (see July 6, 2003). How did the two officials learn of his wife’s status? he wonders. Was there a breach of security? Was the revelation of his wife’s identity inadvertent or deliberate? “Whatever the answers to these questions,” he will write, “I knew for certain that the initial disclosure of her status, whether deliberate or inadvertent, was the first damaging act, before the calls to all the journalists were placed.… [A] plan to attack me had been formed well before [the publication of his editorial]. It was cocked and ready to fire as soon as I crossed the trip wire and wrote about what I hadn’t found in Niger. My [editorial] triggered the attack, but I was not the only target of it. Now my wife was in their sights, as well. What then happened was not a case of the loose lips of an overly ardent junior defender of the administration flapping to one reporter, but an organized smear campaign directed from the highest reaches of the White House. A group of supposed public servants, collecting salaries paid by American taxpayers and charged with defending the national security of the country, had taken it upon itself to attack me by exposing the identity of a member of the CIA’s clandestine service, who happened to be my wife. Revenge and intimidation had been deemed more important than America’s national security for these co-conspirators.” [Wilson, 2004, pp. 385-387]

Entity Tags: Valerie Plame Wilson, Robert Novak, Washington Post, Marcy Wheeler, Joseph C. Wilson, Dana Priest, Colin Powell, Mike Allen, Central Intelligence Agency, Bush administration (43), Marc Grossman

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

The leak of Valerie Plame Wilson’s identity as a CIA officer by conservative columnist Robert Novak (see July 14, 2003) has resulted in the exposure of a CIA front company, potentially causing widespread damage to overseas intelligence gathering. Yesterday, Novak revealed the name of the firm in another column (see October 2, 2003). The fictitious Boston firm, Brewster Jennings & Associates, appears in Federal Election Commission records on a 1999 form filled out by Plame Wilson when she donated $1,000 to the presidential campaign of Al Gore (D-TN). Once the Novak column was published, CIA officials admitted that it is a front. Brewster Jennings is listed as Plame Wilson’s employer on her 1999 tax forms, though she was working as an undercover CIA officer at the time. A former diplomat says that since Brewster Jennings and Plame Wilson have been exposed, every foreign intelligence service is running the names through their own databases to determine whether she ever visited their countries and what kinds of contacts she made there. “That’s why the agency is so sensitive about just publishing her name,” the former diplomat says. [Washington Post, 10/4/2003]
Plame's NOC Status, 'Legend' - As one of a very small, select number of “nonofficial cover” officers, Plame Wilson would have enjoyed little or no government protection had her cover been blown while she was overseas. Training officers such as her cost millions of dollars and require elaborate constructions of fictional background, called “legends,” including the creation of CIA front companies such as Brewster Jennings. The amount of damage caused by the outing of Plame Wilson and Brewster Jennings is incalculable. Former CIA counterterrorism chief Vincent Cannistraro says many other CIA agents and foreign assets are now endangered, and future attempts to convince foreign citizens to share information with US intelligence agencies will be hampered. Former CIA and State Department official Larry Johnson, who trained with Plame Wilson in 1985, says that when the damage is fully assessed, “at the end of the day, [the harm] will be huge and some people potentially may have lost their lives.” Johnson describes himself as “furious, absolutely furious” at the breach. “We feel like the peasants with torches and pitchforks,” he says. “The robber barons aren’t going to be allowed to get away with this.” Former CIA officer Jim Marcinkowski, who also trained with Plame Wilson, agrees: “This is not just another leak. This is an unprecedented exposing of an agent’s identity.” While the CIA continues to keep details of Plame Wilson’s career secret, it is known that she was attached to a US embassy in Europe in 1990 and 1991 (more information on her overseas postings will later be revealed—see Fall 1985, Fall 1989, Fall 1992 - 1996, and April 2001 and After). It is known that when Novak blew her cover, she was a senior case officer for the CIA’s counterproliferation division, working with intelligence about hostile countries and WMD. “All the people who had innocent lunches with her overseas or went shopping or played tennis with her, I’m sure they are having heart attacks right now,” says one former colleague who was also in covert operations. “I would be in hiding now if I were them.” [Washington Post, 10/8/2003; Knight Ridder, 10/11/2003]
Brewster Jennings Just One of Plame Wilson's Cover Firms - Former intelligence officials confirm that Brewster Jennings was just one of several cover affiliations that Plame Wilson used when she was operating overseas. “All it was was a telephone and a post office box,” says one former intelligence officer. “When she was abroad she had a more viable cover.” [Boston Globe, 10/10/2003] Cannistraro will later add that when Plame Wilson was operating undercover outside the US, she would have had a real job with a more legitimate company. The Boston company “is not an indicator of what she did overseas.” Now, those firms are themselves in jeopardy of exposure for working with US intelligence. [Wilson, 2007, pp. 343-344] In 2007, former CIA and National Security Council official Bruce Riedel will say: “I have looked at the part of her CV that is in the open domain. The agency spent an awful lot of effort building a really good cover for this person. A lot of effort. People who say this was not a covert operative don’t understand what they’re saying. This was intended to be a nonofficial cover person who would have the credentials to be a very serious operative. The damage done to the mission of the organization by exposing her, and how cover is built, is pretty serious.” [Wilson, 2007, pp. 343]

Entity Tags: Valerie Plame Wilson, Robert Novak, Vincent Cannistraro, Jim Marcinkowski, Central Intelligence Agency, Brewster Jennings, Counterproliferation Division, Albert Arnold (“Al”) Gore, Jr., Federal Election Commission, Larry C. Johnson, Bruce Riedel

Timeline Tags: Niger Uranium and Plame Outing

Knight Ridder reporter Warren Strobel publishes an analysis of the potential damage the Plame Wilson identity leak (see Fall 1992 - 1996 and July 14, 2003) has caused to the CIA and to US national security. According to current and former CIA officials interviewed by Strobel, revealing Plame Wilson’s identity “may have damaged US national security to a much greater extent than generally realized.” Former CIA and State Department official Larry Johnson says flatly, “At the end of the day, [the harm] will be huge and some people potentially may have lost their lives.” Strobel notes that Plame Wilson’s training cost the US “millions of dollars and requires the time-consuming establishment of elaborate fictions, called ‘legends,’ including in this case the creation of a CIA front company that helped lend plausibility to her trips overseas.” Conservative columnist Robert Novak not only outed Plame Wilson, but her front company, Brewster Jennings (see October 2, 2003), a revelation that former CIA counterterrorism chief Vincent Cannistraro says puts other CIA officers at risk as well (see October 3, 2003). Plame Wilson’s career, as a specialist in Iraqi WMD, is now over, costing the agency her expertise, knowledge, and, perhaps most irreplaceably, the network of operatives and sources she has built up over the years. Former CIA agent Jim Marcinkowski, now a prosecutor in Michigan, says: “This is not just another leak. This is an unprecedented exposing of an agent’s identity.” Johnson calls himself “furious, absolutely furious” at the security breach. [Knight Ridder, 10/11/2003] According to anonymous intelligence officials, the CIA performed an “aggressive,” in-house assessment of the damage done by her exposure, and found it to have been “severe” (see Before September 16, 2003). It is unlikely that Strobel is aware of this assessment.

Entity Tags: Warren Strobel, Robert Novak, Larry C. Johnson, Valerie Plame Wilson, Central Intelligence Agency, Brewster Jennings, Vincent Cannistraro, Jim Marcinkowski

Timeline Tags: Niger Uranium and Plame Outing

Lewis “Scooter” Libby, the chief of staff for Vice President Cheney, is interviewed by the FBI concerning the outing of CIA agent Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). [Office of the Vice President, 10/14/2003 pdf file; US District Court for the District of Columbia, 10/28/2005 pdf file; US District Court for the District of Columbia, 10/30/2006 pdf file; MSNBC, 2/21/2007] Libby tells investigators that in his conversations with reporters Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and Matthew Cooper (see 2:24 p.m. July 12, 2003) he was careful to tell them that the information about Plame Wilson was merely “unsubtianted gossip” and not necessarily reliable. He also claims that, before he spoke to either Miller or Cooper, he learned of Plame Wilson’s CIA status from another journalist, NBC’s Tim Russert (see July 10 or 11, 2003). Libby is lying in both instances (see August 7, 2004). [US District Court for the District of Columbia, 10/28/2005 pdf file; National Journal, 6/8/2006; US District Court for the District of Columbia, 10/30/2006 pdf file]

Entity Tags: Richard (“Dick”) Cheney, Judith Miller, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Matthew Cooper, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

Jim Marcinkowski (left) and Larry Johnson.Jim Marcinkowski (left) and Larry Johnson. [Source: CNN]Former CIA case officer Jim Marcinkowski, a former classmate of outed CIA case officer Valerie Plame Wilson (see Fall 1985), is outraged by the revelation of Plame Wilson’s CIA status and the allegations that the leak of her identity is not a crime (see July 14, 2003 and September 29, 2003). Another former classmate of Plame Wilson’s, former CIA agent Larry Johnson, says: “[W]hat I keep seeing in the newspaper is the spin and leak that this is no big deal. And that’s got to stop.… The problem with this is a lot of the damage that has occurred is not going to be seen. It can’t be photographed. We can’t bring the bodies out because in some cases it’s going to involve protecting sources and methods. And it’s important to keep this before the American people. This was a betrayal of national security.” Marcinkowski concurs: “This is an unprecedented act. This has never been done by the United States government before. The exposure of an undercover intelligence officer by the US government is unprecedented. It’s not the usual leak from Washington. The leak a week scenario is not at play here. This is a very, very serious event.” Plame Wilson was an NOC, or nonofficial cover officer (see Fall 1992 - 1996). “It was the most dangerous assignment you could take. It takes a special sort of person,” says Marcinkowski, who is now a prosecutor in Michigan. Former CIA official Kenneth Pollack agrees, describing an NOC’s identity as the “holiest of holies.” Many believe that the outrage among the rank and file of CIA agents and officials at Plame Wilson’s outing was so strong that CIA Director George Tenet had little choice but to recommend that the Justice Department investigate the leak (see September 16, 2003). Marcinkowski says: “In this particular case, it was so far over the line, I think myself and a lot of us were truly outraged that the government would do this.… I mean, we kept our mouths closed since 1985, when we joined.” Johnson, noting that both he and Marcinkowski are registered Republicans, says: “As a Republican, I think we need to be consistent on this. It doesn’t matter who did it, it didn’t matter which party was involved. This isn’t about partisan politics. This is about protecting national security and national security assets and in this case there has been a betrayal, not only of the CIA officers there, but really a betrayal of those of us who have kept the secrets over the years on this point.” [Guardian, 10/22/2003; CNN, 10/24/2003]

Entity Tags: Jim Marcinkowski, Central Intelligence Agency, George J. Tenet, Valerie Plame Wilson, Larry C. Johnson, US Department of Justice, Kenneth Pollack

Timeline Tags: Niger Uranium and Plame Outing

Three former CIA agents, Brent Cavan, Jim Marcinkowski, and Larry Johnson, and one current CIA official who declines to be identified, prepare a joint statement for the Senate Intelligence Committee. Because of problems with travel arrangements, Marcinkowski appears alone.
'You Are a Traitor and You Are Our Enemy' - In a closed session, Marcinkowski delivers their statement, which reads in part: “We acknowledge our obligation to protect each other and the intelligence community and the information we used to do our jobs. We are speaking out because someone in the Bush administration seemingly does not understand this, although they signed the same oaths of allegiance and confidentiality that we did. Many of us have moved on into the private sector, where this agency aspect of our lives means little, but we have not forgotten our initial oaths to support the Constitution, our government, and to protect the secrets we learned and to protect each other. We still have friends who serve. We protect them literally by keeping our mouths shut unless we are speaking amongst ourselves. We understand what this bond or the lack of it means. Clearly some in the Bush administration do not understand the requirement to protect and shield national security assets. Based on published information we can only conclude that partisan politics by people in the Bush administration overrode the moral and legal obligations to protect clandestine officers and security assets. Beyond supporting Mrs. Wilson with our moral support and prayers we want to send a clear message to the political operatives responsible for this. You are a traitor and you are our enemy. You should lose your job and probably should go to jail for blowing the cover of a clandestine intelligence officer. You have set a sickening precedent. You have warned all US intelligence officers that you may be compromised if you are providing information the White House does not like.… Politicians must not politicize the intelligence community. President Bush has been a decisive leader in the war on terrorism, at least initially. What about decisiveness now? Where is the accountability he promised us in the wake of Clinton administration scandals? We find it hard to believe the president lacks the wherewithal to get to bottom of this travesty. It is up to the president to restore the bonds of trust with the intelligence community that have been shattered by this tawdry incident.”
Questions from Senators - One committee member, Chuck Hagel (R-NE), asks Marcinkowski if he believes the White House can investigate itself, a reference to the White House’s promise to conduct a thorough internal investigation (see March 16, 2007). Marcinkowski replies that if the attorney general is trying to intimidate federal judges, it is unlikely that he can be trusted to conduct such an investigation. Another senator, Christopher “Kit” Bond (R-MO), challenges Marcinkowski, demanding that he cease attacking “my friend” Attorney General John Ashcroft. According to Marcinkowski’s later recollection, “A total food fight ensued,” with committee member Dianne Feinstein (D-CA) accusing Bond of trying to intimidate a witness.
Immediate Classification - A few minutes after the hearing concludes, Marcinkowski learns that the entire hearing has been declared secret by committee chairman Pat Roberts (R-KS). Marcinkowski, who is scheduled to testify again before a Democrats-only hearing the next day, is incensed. He believes that Roberts deliberately scheduled the full committee hearing to come before the Democratic hearing, so he can classify Marcinkowski’s testimony and prevent him from testifying publicly in support of Plame Wilson. Marcinkowski decides to appear before the Democratic hearing anyway. He calls a Democratic staffer and says, “You call Roberts’s office and you tell him I said that he can go straight to hell.” Marcinkowski anticipates being arrested as soon as his testimony before the Democratic committee members, not knowing that Roberts has no authority to classify anything.
Democratic Hearing - Marcinkowski, joined by Johnson and former CIA counterterrorism chief Vincent Cannistraro, testifies before the committee’s Democrats. The last question is from Senate Minority Leader Tom Daschle (D-SD), who has this question whispered to him by ranking member John D. Rockefeller (D-WV). Rockefeller says: “I would like to ask Mr. Marcinkowski, who is an attorney, one more question. Do you think the White House can investigate itself?” After the hearing, Rockefeller grabs Marcinkowski’s hand and asks, “What did you think of the food fight yesterday?” [No Quarter, 7/18/2005; Wilson, 2007, pp. 382-386]

Entity Tags: George W. Bush, Chuck Hagel, Christopher (“Kit”) Bond, Central Intelligence Agency, Bush administration (43), Brent Cavan, Dianne Feinstein, Vincent Cannistraro, Senate Intelligence Committee, Clinton administration, Larry C. Johnson, John D. Rockefeller, John Ashcroft, Tom Daschle, Jim Marcinkowski, Pat Roberts, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Tim Russert, NBC’s bureau chief and host of Meet the Press, is interviewed by FBI agent John Eckenrode as part of the Plame Wilson leak investigation. One of the targets of the investigation, White House official Lewis Libby, has indicated that he learned about Valerie Plame Wilson’s CIA identity from Russert (see July 10 or 11, 2003). According to the report later compiled by Eckenrode, Russert recalls “one, and possibly two telephone conversations” between himself and Libby between July 6 and July 12, 2003. Eckenrode will write: “Russert does not recall stating to Libby, in this conversation, anything about the wife of former ambassador Joe Wilson. Although he could not completely rule out the possibility that he had such an exchange, Russert was at a loss to remember it, and moreover, he believes that this would be the type of conversation that he would or should remember. Russert acknowledged that he speaks to many people on a daily basis and it is difficult to reconstruct some specific conversations, particularly one which occurred several months ago.” [US District Court for the District of Columbia, 2/14/2006 pdf file]

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney, is interviewed for a second time (see October 14, 2003) by the FBI concerning the outing of CIA agent Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). [MSNBC, 2/21/2007] During one or both interviews, Libby insists that he learned of Plame Wilson’s identity from journalists (see July 10 or 11, 2003), a lie that will play a large part in his upcoming indictment (see October 28, 2005). Investigators are compiling evidence that he learned of Plame Wilson’s CIA status from Cheney and other senior government officials (see (June 12, 2003)). Some investigators will come to believe that Libby is lying, and continues to lie, to protect Cheney’s involvement in attempting to discredit Plame Wilson’s husband, war critic Joseph Wilson (see October 1, 2003). [National Journal, 2/2/2006]

Entity Tags: Lewis (“Scooter”) Libby, Valerie Plame Wilson, Federal Bureau of Investigation, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

The Washington Post, in a laudatory profile of newly named special counsel Patrick Fitzgerald (see December 30, 2003), notes that some administration critics worry about Fitzgerald’s objectivity. Fitzgerald is close friends with the man who named him to the post, Deputy Attorney General James Comey, and is the godfather of one of Comey’s children. Senator Joseph Lieberman (D-CT) calls on Comey to “relinquish his authority to limit or interfere with the investigation.” Lieberman says Fitzgerald’s appointment means “there is still no real independence and autonomy.” [Washington Post, 1/1/2004]

Entity Tags: Washington Post, Joseph Lieberman, Patrick J. Fitzgerald, James B. Comey Jr.

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

March 5, 2004: Libby Lies to Grand Jury

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

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

Timeline Tags: Niger Uranium and Plame Outing

March 24, 2004: Libby Lies to Grand Jury Again

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

Entity Tags: George W. Bush, James Sharp

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

Entity Tags: Bob Woodward

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

Entity Tags: Bush administration (43), Bob Woodward, Valerie Plame Wilson, Patrick J. Fitzgerald, Karl C. Rove, Joseph C. Wilson

Timeline Tags: Domestic Propaganda, 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

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

Entity Tags: Valerie Plame Wilson, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Judith Miller, New York Times

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

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

Entity Tags: Karl C. Rove, Bush administration (43), George W. Bush, Lewis (“Scooter”) Libby, Lori Shaw, Patrick J. Fitzgerald, Scott McClellan

Timeline Tags: Niger Uranium and Plame Outing

Washington Post investigative reporter Bob Woodward slams ‘Plamegate’ special prosecutor Patrick Fitzgerald. In an interview on CNN’s Larry King Live, he calls Fitzgerald’s investigation “disgraceful.” When asked if he knew who might have leaked CIA agent Valerie Plame Wilson’s name to the press, Woodward claims—falsely—that he has no idea. “I wish I did have a bombshell,” he says. “I don’t even have a firecracker.” The leak, he says, is merely “gossip and chatter” of interest only to “a junkyard-dog prosecutor” like Fitzgerald who “goes everywhere and asks every question and turns over rocks and rocks under rocks and so forth.” Woodward also claims that the CIA’s assessment of the damage likely to have been done by the leak is “minimal.” Woodward says: “They did not have to pull anyone out undercover abroad. They didn’t have to resettle anyone. There was no physical danger to anyone, and there was just some embarrassment. So people have kind of compared—somebody was saying this was [similar to the cases of convicted spies] Aldrich Ames or Bob Hanssen, big spies. This didn’t cause damage.” Woodward is ignoring reports that the damage caused by the leak may well have been severe and widespread (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, and February 13, 2006); he also fails to note an upcoming report by his own newspaper that notes the CIA has not yet completed its assessment of the damage, but speculates as to just how severe the damage is believed to be (see October 29, 2005). [CNN, 10/27/2005; Media Matters, 10/31/2005; Media Matters, 11/16/2005; Time, 11/20/2005] Woodward does not mention that he is one of the reporters who was contacted by a Bush administration official about Plame Wilson being a CIA agent (see June 13, 2003). He has also withheld his knowledge of the case from Fitzgerald and his own editors (see November 16-17, 2005).

Entity Tags: Washington Post, Central Intelligence Agency, Bush administration (43), Bob Woodward, Patrick J. Fitzgerald, Valerie Plame Wilson, Larry King

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

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

Timeline Tags: Niger Uranium and Plame Outing

November 3, 2005: Libby Pleads Not Guilty

Lawyer Theodore Wells (left) speaks, while Lewis Libby and others look on. Libby is on crutches due to a recent foot injury.Lawyer Theodore Wells (left) speaks, while Lewis Libby and others look on. Libby is on crutches due to a recent foot injury. [Source: Associated Press]Lewis Libby, the former chief of staff to Vice President Dick Cheney, pleads not guilty to five felony indictments stemming from the Plame Wilson CIA identity leak (see October 28, 2005). “With respect, your honor, I plead not guilty,” Libby says. Libby’s trial will be presided over by Judge Reggie Walton of the US District Court of the District of Columbia; Libby is primarily represented by lawyers Ted Wells and William Jeffress, both known for winning acquittals in high-profile white-collar criminal cases. Wells recently won acquittals for former Agriculture Secretary Michael Espy and former Labor Secretary Raymond Donovan, while Jeffress is a partner at Baker Botts, where former Secretary of State James Baker, a close friend of the Bush family, is a senior partner. Libby waives his right to a speedy trial; it will take his legal team three months to obtain security clearances and to examine classified information the prosecution must provide to the defense. His lawyers are expected to demand that a large amount of classified information regarding Valerie Plame Wilson’s covert CIA status be turned over to them. Jeffress warns reporters that there could be numerous First Amendment “issues” that may produce “protracted litigation” and delay the case, obviously referring to the expected testimony of a number of journalists. Libby’s next court date is February 3, 2006. [Associated Press, 11/3/2005; Washington Post, 11/3/2005] Libby is apparently in good spirits during the proceedings, smiling and even laughing with his lawyers. [Salon, 11/3/2005] Outside the courthouse, Wells tells reporters: “In pleading not guilty, [Libby] has declared to the world that he is innocent. He has declared that intends to fight the charges in the indictment, and he has declared that he wants to clear his good name.” He adds that Libby welcomes a jury trial. Libby does not speak to reporters. [CNN, 11/3/2005] Former prosecutor Michael Madigan, now a well-known defense lawyer, says Wells and Jeffress are excellent choices to represent Libby, but notes that they are joining the case with “one hand tied behind their back” because of what has already transpired in the investigation. They enter the case “with Libby having given two different statements to the FBI and testifying twice to the grand jury, in which he contradicts three reporters and four or five of his friends in the administration,” Madigan says. “If I was entering the case, I would not be really happy to have that situation.… It would be difficult now to say that you didn’t recall certain things when you’ve already testified that you did remember them.” [Washington Post, 11/3/2005]

Entity Tags: Ray Donovan, James A. Baker, Baker Botts, Lewis (“Scooter”) Libby, Michael Madigan, William Jeffress, Richard (“Dick”) Cheney, Theodore Wells, Michael Espy, Reggie B. Walton

Timeline Tags: Niger Uranium and Plame Outing

Conservative Washington lawyers David Rivkin and Lee Casey publish a guest editorial in the Wall Street Journal defending the Bush administration, and specifically the indicted Lewis Libby (see October 28, 2005), for their actions in the Plame Wilson identity leak. No crime was committed, Rivkin and Casey allege, and no legal ethics were breached. Valerie Plame Wilson’s identity as a CIA official was moot because, Rivkin and Casey write, “she was not a covert agent—a readily ascertainable fact that should have concluded special counsel Fitzgerald’s investigation almost as soon as it got underway” (see Fall 1992 - 1996). In fact, Rivkin and Casey write, exposing Plame Wilson’s role in her husband Joseph Wilson’s 2002 mission to Africa (see February 19, 2002, February 21, 2002-March 4, 2002, July 22, 2003, October 17, 2003, and July 20, 2005) “was relevant to an accurate understanding of his later allegations against the administration.” In general, the lawyers state, it is not a crime to expose an intelligence official’s “classified” status, only genuine covert agents. Since Plame Wilson was not a covert agent, by Rivkin and Casey’s standards, no crime was committed in exposing her as a CIA official. And even had she been, they continue, certainly no damage could have been done by her exposure (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006). When Wilson decided to publish his New York Times op-ed (see July 6, 2003), the lawyers write, he “eliminated whatever shreds of anonymity” Plame Wilson retained. The lawyers conclude that “the revelation of Ms. Plame [Wilson]‘s connection to the CIA was a public service, neither criminal nor unethical.” [Wall Street Journal, 11/4/2005]

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Defense lawyers for Lewis Libby (see October 28, 2005) indicate that they will shift their defense strategy. Not only will they claim that their client did not intentionally lie to either the FBI (see October 14, 2003 and November 26, 2003) or the grand jury investigating the Plame Wilson CIA identity leak (see March 5, 2004 and March 24, 2004), they will attempt to impugn the credibility and the accuracy of the journalists who are expected to testify that they learned of Valerie Plame Wilson’s CIA identity from Libby, instead of the other way around, as Libby will likely claim. Three reporters—Judith Miller of the New York Times, Matthew Cooper of Time magazine, and Tim Russert of NBC News—are expected to be the prime focus of the defense’s efforts. It is unclear whether any of the reporters will testify voluntarily, or will resist efforts to have them testify before the jury. [Wall Street Journal, 11/7/2005]

Entity Tags: Lewis (“Scooter”) Libby, Judith Miller, Tim Russert, Matthew Cooper, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

The Village Voice’s Sydney Schanberg castigates Washington Post reporter and managing editor Bob Woodward for his behavior in the Plame Wilson investigation. Schanberg is referring to Woodward’s repeated attacks on the investigation and his support for the Bush administration (see December 1, 2004, July 7, 2005, July 11, 2005, July 17, 2005, July 31, 2005, and October 27, 2005). He is as yet unaware of Woodward’s status as a recipient of the Valerie Plame Wilson identity leak (see June 13, 2003 and November 14, 2005). Woodward is a rightful icon of investigative journalism due to “the groundbreaking shoe-leather reporting he and Carl Bernstein did on the Watergate scandal in 1972” (see June 15, 1974). Now, though, Schanberg writes, he has become just another well-connected Washington insider. “Doesn’t Woodward remember the reaction by many in the White House press corps, who initially sneered at the [Watergate] story and brushed it off as the fevered product of two lowly cityside reporters covering crime and the courts—which is what Woodward and Bernstein were at the time? I wish I were wrong, but to me Woodward sounds as if he has come a long way from those shoe-leather days—and maybe on a path that does not become him. He sounds, I think, like those detractors in 1972, as they pooh-poohed the scandal that unraveled the Nixon presidency—the scandal that Woodward and Bernstein doggedly uncovered.” Schanberg believes that Woodward has sacrificed his independence and his aggressive stance as an investigator in order to receive the unprecedented access to the White House and other Washington governmental agencies that he enjoys as a high-profile political author. “Critics in the press have suggested that Woodward is too close to some of his sources to provide readers with an undiluted picture of their activities,” Schanberg notes. “His remarks about the Fitzgerald investigation convey the attitude of a sometime insider reluctant to offend—and that is hardly a definition of what a serious, independent reporter is supposed to be. It’s a far piece from Watergate.” [Village Voice, 11/8/2005]

Entity Tags: Sydney Schanberg, Bob Woodward

Timeline Tags: Niger Uranium and Plame Outing

The National Review publishes an editorial by Cesar Conda, an assistant to Vice President Dick Cheney from January 2001 to September 2003. Conda writes a glowing defense of indicted perjurer Lewis Libby, whom he worked with in Cheney’s office. Conda notes that he was not “personally close” to Libby, and says he has not spoken to him since December 2004. Conda claims no access to the Libby defense team, nor any knowledge of the Libby defense strategy. However, he writes, “I have my own observations of the man, and some commonsense arguments that should to be considered as they relate to the indictment.” Conda calls the portrayal of Libby in special counsel Patrick Fitzgerald’s indictment of him (see October 28, 2005) a “caricature” that “is utterly at odds with his professional and personal history.” Libby, Conda writes, “is honorable, discreet, selfless—a man of unquestionable integrity. Most of his professional career has been spent in public service, as a behind-the-scenes, yet invaluable staffer at the Department of State, the Department of Defense, and the Congress.” Libby served in Cheney’s office “at great personal sacrifice,” according to Conda, choosing to leave “a lucrative private law practice” and “compromis[ing] family time with his two grade-school children—to focus his energies on his all consuming job in the White House.” Conda goes into detail about Libby’s overwhelming workload, a key element of the Libby defense team’s “memory defense” (see January 31, 2006). According to Conda, Libby should be expected to misremember some “fleeting” conversations he may have had with reporters about former ambassador Joseph Wilson and Wilson’s wife, CIA official Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, Late Afternoon, July 12, 2003, July 10 or 11, 2003, October 14, 2003, November 26, 2003, March 5, 2004, and March 24, 2004). Conda claims that Wilson is at the heart of the Libby indictment, and accuses him of falsifying his report about the Iraq-Niger uranium hoax (see March 4-5, 2002 and July 6, 2003). Conda concludes by praising Libby as a man whose “noble” goal was “to protect the American people from terrorism.” [National Review, 11/10/2005]

Entity Tags: US Department of Defense, Bush administration (43), Cesar Conda, Joseph C. Wilson, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, National Review

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Critics of the Bush administration, and of the reporters who helped push its narrative regarding the Iraq invasion, lambast Washington Post reporter Bob Woodward for failing to reveal himself as a recipient of the Valerie Plame Wilson identity leak (see June 13, 2003, November 14, 2005, and November 16-17, 2005) while himself attacking the Plame Wilson investigation (see December 1, 2004, July 7, 2005, July 11, 2005, July 17, 2005, July 31, 2005, and October 27, 2005). Joshua Micah Marshall writes that while the story of Woodward’s involvement remains “sketchy,” it appears “that Woodward—who has long been publicly critical of the Fitzgerald investigation—has been part of it from the beginning. Literally, the beginning.… At a minimum, though, Woodward seems to have some explaining to do, at least for the fact that he became an aggressive commentator on the leak story without ever disclosing his own role in it, not even to his editors.” [Talking Points Memo, 11/15/2005] The Washington Monthly’s Kevin Drum calls Woodward’s behavior “bizarre,” and says, “I can’t begin to make sense of this.” [Washington Monthly, 11/17/2005] The Washington Post’s Howard Kurtz asks, “Who was this Shallow Throat, and why is this the first we’re hearing about it?” [Washington Post, 11/16/2005] Liberal author and blogger Jane Hamsher is particularly caustic in her criticism, writing: “Woodward stopped being a ‘journalist’ in the true sense of the word long ago—when he decided celebrity status and book sales meant more than the truth. He has gone from being—well, whatever he was, to something much worse: an official peddler of lies told by powerful people to whitewash their criminal activities.” [Jane Hamsher, 11/15/2005] And John Aravosis of the liberal AmericaBlog writes: “It’s also beginning to sound a lot like Bob Woodward is becoming our next Judith Miller (see October 16, 2005). His repeated rants in defense of this administration, and against the special prosecutor, certainly take on a very interesting edge considering Mr. Woodward didn’t bother disclosing that he was quite involved in this story, and was hardly the impartial observer his silence suggested he was. Not to mention, he knew all along that HE TOO had received the leak, suggesting that a clear pattern of multiple leaks was developing, yet he still went on TV and said that all of these repeated leaks were just a slip of the tongue?” (Emphasis in the original.) [John Aravosis, 11/15/2005]

Entity Tags: Jane Hamsher, Bob Woodward, Bush administration (43), John Aravosis, Howard Kurtz, Judith Miller, Joshua Micah Marshall, Kevin Drum

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Washington Post reporter Bob Woodward acknowledges testifying in the Plame Wilson investigation (see November 14, 2005), and apologizes to the Post for failing to tell editors and publishers that a senior Bush administration official told him over two years ago that Valerie Plame Wilson was a CIA officer (see June 13, 2003). Woodward is a reporter and assistant managing editor at the Post. While speculation has been rife over which reporters knew of Plame Wilson’s identity, and which administration officials are responsible for blowing her covert status, Woodward has never admitted to being a recipient of the leaked information, and has repeatedly attacked the investigation (see December 1, 2004, July 7, 2005, July 11, 2005, July 17, 2005, July 31, 2005, and October 27, 2005). Woodward explains that he did not reveal his own involvement in the case—that Deputy Secretary of State Richard Armitage informed him of Plame Wilson’s CIA status—because he feared being subpoenaed by special prosecutor Patrick Fitzgerald. Woodward says he was trying to protect his sources. “That’s job number one in a case like this,” he says. “I hunkered down. I’m in the habit of keeping secrets. I didn’t want anything out there that was going to get me subpoenaed.” Woodward told his editors about his knowledge of the case shortly after former White House aide Lewis “Scooter” Libby was indicted for perjury and obstruction of justice (see October 28, 2005). [Washington Post, 11/16/2005; Washington Post, 11/16/2005; Washington Post, 11/17/2005]
Woodward 'Should Have Come Forward' - Executive editor Leonard Downie Jr. says Woodward “made a mistake.… [H]e still should have come forward, which he now admits. We should have had that conversation.… I’m concerned that people will get a mis-impression about Bob’s value to the newspaper and our readers because of this one instance in which he should have told us sooner.” Downie adds: “After Libby was indicted, [Woodward] noticed how his conversation with the source preceded the timing in the indictment. He’s been working on reporting around that subject ever since the indictment.”
Questions of Objectivity, Honesty - Woodward’s silence about his own involvement while repeatedly denigrating the investigation causes many to question his objectivity. “It just looks really bad,” says Eric Boehlert, an author and media critic. “It looks like what people have been saying about Bob Woodward for the past five years, that he’s become a stenographer for the Bush White House” (see November 25, 2002). Journalism professor Jay Rosen says flatly, “Bob Woodward has gone wholly into access journalism.” And Robert Zelnick, chair of Boston University’s journalism department, says: “It was incumbent upon a journalist, even one of Woodward’s stature, to inform his editors.… Bob is justifiably an icon of our profession—he has earned that many times over—but in this case his judgment was erroneous.” Rem Rieder, the editor of American Journalism Review, says Woodward’s disclosure is “stunning… [it] seems awfully reminiscent of what we criticized Judith Miller for.” Miller, a reporter for the New York Times, was accused by Times executive editor Bill Keller of misleading the paper by not informing her editors that she had discussed Plame Wilson’s identity with Libby (see October 16, 2005). Rieder calls Woodward “disingenuous” for his criticism of the investigation (see July 7, 2005, July 11, 2005, July 17, 2005, and October 27, 2005) without revealing his own knowledge of the affair. Columnist and reporter Josh Marshall notes, “By becoming a partisan in the context of the leak case without revealing that he was at the center of it, really a party to it, he wasn’t being honest with his audience.” Woodward claims he only realized his conversation with Armitage might be of some significance after Libby was described in the indictment as the first Bush official to reveal Plame Wilson’s name to reporters. Armitage told Woodward of Plame Wilson’s identity weeks before Libby told Miller. Unlike Libby, Armitage did not release Woodward from his promise to protect his identity (see September 15, 2005). [Washington Post, 11/17/2005]
Woodward Denies Quid Pro Quo - Some time later, a colleague will ask Woodward if he were trading information with Armitage on a friendly, perhaps less-than-professional basis. “Was this a case of being in a relationship where you traded information with a friend?” Woodward will respond sharply: “It’s not trading information. It is a subterranean narrative. What do you have? What do you know? If you start making this a criminal act, people will not speak to you.” [Vanity Fair, 4/2006]

Entity Tags: Lewis (“Scooter”) Libby, Eric Boehlert, Bush administration (43), Bob Woodward, Jay Rosen, Leonard Downie, Jr., Valerie Plame Wilson, Washington Post, Richard Armitage, Robert Zelnick, Joshua Micah Marshall, Patrick J. Fitzgerald, Rem Rieder

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

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

Special counsel Patrick Fitzgerald meets for almost three hours with the grand jury investigating the Plame Wilson identity leak; observers believe Fitzgerald is still considering whether to bring charges against White House political strategist Karl Rove. This grand jury is newly empaneled; the first grand jury, after spending almost two years investigating the leak, was dismissed after bringing an indictment against former White House official Lewis Libby (see October 28, 2005). Its term expired that same day. [Associated Press, 12/7/2005; Washington Post, 7/3/2007]

Entity Tags: Karl C. Rove, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

The New York Sun exhorts its readers to contribute to the Lewis Libby defense fund (see After October 28, 2005). The Sun, in an op-ed, calls the Libby Legal Defense Fund “a distinguished, bipartisan group” formed to help pay the legal expenses for Libby, whom the Sun says “is the target of a witch hunt by a special counsel,” Patrick Fitzgerald. The government should be paying for Libby’s legal expenses, the editorial states: “After all, he is being prosecuted for carrying out his official duties, defending the president’s agenda on the war in Iraq against an effort to undermine it by the president’s political and ideological rivals. There is no suggestion whatsoever by the prosecutor that Mr. Libby sought to use his political office for private gain.” The editorial goes on to call the case against Libby “frivolous,” and says Americans of all political stripes should consider donating to Libby’s defense, whether they be “a neoconservative who believes that the Iraq war spread freedom… a defender of the freedom of the press who believes that government officials in America should be free to talk to the press without fear of being thrown in prison by a prosecutor… a Clinton loyalist who remembers how special prosecutors were used against the previous administration… a believer in a strong presidency who thinks the whole idea of criminalizing policy differences has a tendency to sap the boldness of the president [, or] a believer in the underdog and want Mr. Libby to have a fair fight against the special prosecutor.” [New York Sun, 12/8/2005]

Entity Tags: Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, New York Sun, Libby Legal Defense Fund

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

Former White House official Lewis Libby, facing criminal charges of perjury and obstruction of justice for his involvement in the Valerie Plame Wilson identity leak (see October 28, 2005), joins the Hudson Institute, a conservative think tank that focuses on foreign policy and national security. Libby is a senior fellow whose focus will be issues related to terrorism and Asia, and will also advise the institute on strategic planning. Other prominent conservatives who are members of the Hudson Institute are former Reagan administration Solicitor General Robert Bork (see October 19-20, 1973 and July 1-October 23, 1987), and former National Security Agency Director William Odom (see September 16, 2004). Libby will be paid a salary commensurate with his White House remuneration of $160,000. [Washington Post, 1/6/2006]

Entity Tags: Robert Bork, Bush administration (43), Lewis (“Scooter”) Libby, Valerie Plame Wilson, William Odom, Hudson Institute

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Lewis Libby’s lawyers reveal a detailed outline of their planned defense strategy to combat government charges that their client committed perjury and obstructed justice (see October 28, 2005). Libby’s lawyers intend to offer what some call a “memory defense,” a claim that Libby did not deliberately lie to the FBI (see October 14, 2003 and November 26, 2003) or to special counsel Patrick Fitzgerald’s grand jury (see March 5, 2004 and March 24, 2004), but instead was a victim of his own confusion and faulty memory, a condition brought on by his preoccupation with national security matters. Libby’s lawyers have asked for a huge number of highly classified documents (see January 23, 2006 and January 31, 2006) to support his claim of being overworked due to his involvement in the administration’s battle against terrorism and other threats against the nation. The documents, the lawyers claim in a court filing, “are material to establishing that any misstatements he may have made were the result of confusion, mistake, and faulty memory resulting from his immersion in other, more significant matters, rather than deliberate lies.” Libby’s conversations with reporters during the summer of 2003 about CIA official Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, July 10 or 11, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003) “occurred in the midst of an unending torrent of meetings, briefings, and discussions of far more urgent and sensitive issues, including for example, the detection and prevention of terrorist attacks against the United States,” bringing stability to Iraq, and the spread of nuclear weapons in North Korea and Iran. Libby was “inundated from early in the morning until late at night with the most sensitive national security issues this country faces,” his lawyers say, and his faulty memory about what he did and did not tell reporters about Plame Wilson is insignificant compared to the other matters that were on his mind. [New York Times, 2/1/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

According to sources with firsthand knowledge, alleged perjurer Lewis Libby (see October 28, 2005), the former chief of staff for Vice President Dick Cheney, has given indications of the nature of his defense in his upcoming trial (see January 16-23, 2007). Libby will tell the court that he was authorized by Cheney and other senior Bush administration officials to leak classified information to reporters to build public support for the Iraq invasion and rebut criticism of the war. Prosecutors believe that other White House officials involved in authorizing the leak of classified information may include former Deputy National Security Adviser Stephen Hadley and White House political strategist Karl Rove. Libby has already made this claim to the grand jury investigating the Plame Wilson identity leak (see March 24, 2004). As he told the grand jury, Libby will claim that he was authorized to leak classified information to rebut claims from former ambassador Joseph Wilson, Valerie Plame Wilson’s husband, that the Bush administration had misrepresented intelligence information to make a public case for war. Libby allegedly outed Plame Wilson, a covert CIA agent, as part of the White House’s effort to discredit Wilson. Libby is not charged with the crime of revealing a covert CIA agent, but some of the perjury charges center on his denials of outing Plame Wilson to the FBI and to the grand jury. Libby has admitted revealing Plame Wilson’s identity to reporter Judith Miller (see August 6, 2005); he also revealed classified information to Miller.
Risk of Implicating Cheney - Law professor Dan Richman, a former federal prosecutor, says it is surprising that Libby would use such a defense strategy. “One certainly would not expect Libby, as part of his defense, to claim some sort of clear authorization from Cheney where none existed, because that would clearly risk the government’s calling Cheney to rebut that claim.” Reporter Murray Waas writes that Libby’s defense strategy would further implicate Cheney in the White House’s efforts to discredit and besmirch Wilson’s credibility (see October 1, 2003), and link him to the leaks of classified information and Plame Wilson’s CIA identity. It is already established that Libby learned of Plame Wilson’s CIA status from Cheney and at least three other government officials (see 12:00 p.m. June 11, 2003 and (June 12, 2003)).
Similarities to North's Iran-Contra Defense Strategy - Waas compares Libby’s defense strategy to that of former Colonel Oliver North, charged with a variety of crimes arising from the Iran-Contra scandal (see February 1989). Libby’s defense team includes John Cline, who represented North during his trial. Critics call Cline a “graymail” specialist, who demands the government disclose classified information during a trial, and uses potential refusals to ask for dismissal of charges. Cline won the dismissal of many of the most serious charges against North when Reagan administration officials refused to declassify documents he said were necessary for North’s defense. The special counsel for the Iran-Contra investigation, Lawrence Walsh, believed that Reagan officials refused to declassify the documents because they were sympathetic to North, and trying North on the dismissed charges would have exposed further crimes committed by more senior Reagan officials. It is likely that Cline is using a similar strategy with Libby, according to Waas. Cline has already demanded the disclosure of 10 months’ worth of Presidential Daily Briefings (PDBs), some of the most highly classified documents in government (see January 31, 2006). The Bush administration has routinely denied requests for PDB disclosures. A former Iran-Contra prosecutor says: “It was a backdoor way of shutting us down. It was a cover-up by means of an administrative action, and it was an effective cover-up at that.… The intelligence agencies do not declassify things on the pretext that they are protecting state secrets, but the truth is that we were investigating and prosecuting their own. The same was true for the Reagan administration. Cline was particularly adept at working the system.” Michael Bromwich, a former associate Iran-Contra independent counsel and a former Justice Department inspector general, says it might be more difficult for the Bush administration to use a similar strategy to undercut special counsel Patrick Fitzgerald, because Fitzgerald was appointed by the attorney general, not a panel of judges as were Walsh and Whitewater special prosecutor Kenneth Starr. Both Walsh and Starr alleged that they were impeded by interference from political appointees in the Justice Department. Bromwich’s fellow associate Iran-Contra counsel William Treanor, now the dean of Fordham University’s Law School, agrees: “With Walsh or Starr, the president and his supporters could more easily argue that a prosecutor was overzealous or irresponsible, because there had been a three-judge panel that appointed him,” Treanor says. “With Fitzgerald, you have a prosecutor who was appointed by the deputy attorney general [at the direction of the attorney general]. The administration almost has to stand behind him because this is someone they selected themselves. It is harder to criticize someone you yourself put into play.” [National Journal, 2/6/2006]
'This Is Major' - Progressive author and columnist Arianna Huffington writes: “This proves just how far the White House was willing to go to back up its deceptive claims about why we needed to go to war in Iraq. The great protectors of our country were so concerned about covering their lies they were willing to pass out highly classified information to reporters. And remember—and this is the key—it’s not partisan Democrats making this claim; it’s not Bush-bashing conspiracy theorists, or bloggers reading the Aspen roots (see September 15, 2005). This information is coming from special prosecutor Patrick Fitzgerald as filed in court papers. This is major.” [Huffington Post, 2/9/2006]

Entity Tags: Judith Miller, Valerie Plame Wilson, Joseph C. Wilson, Dan Richman, Bush administration (43), Arianna Huffington, Stephen J. Hadley, Richard (“Dick”) Cheney, William Treanor, Patrick J. Fitzgerald, Lawrence E. Walsh, Kenneth Starr, Karl C. Rove, Lewis (“Scooter”) Libby, Reagan administration, Murray Waas, John Cline, Michael Bromwich

Timeline Tags: Niger Uranium and Plame Outing

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