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Context of 'November 3, 2005: Democrats Ask Cheney to Testify in Libby Trial'

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Three Democratic congressmen ask Vice President Dick Cheney to testify in the upcoming trial of his former chief of staff, Lewis Libby, even as Libby pled not guilty to five felony counts stemming from the Plame Wilson CIA identity leak investigation (see November 3, 2005). Henry Waxman (D-CA), Maurice Hinchey (D-NY), and John Conyers (D-MI) send a letter to Cheney asking why Cheney’s office gathered information on Valerie Plame Wilson in 2003, whether Cheney directed Libby to leak Plame Wilson’s name to reporters, and whether Cheney knew Libby was leaking that information. “[T]here are many wide-ranging questions about your involvement,” they write. The three congressmen also ask more general questions, such as if Cheney knew the administration’s claims that Iraq sought uranium from Niger were false even as the White House was using those claims to justify its war with Iraq. Cheney spokeswoman Lea Anne McBride says that Cheney will cooperate with the Justice Department as the criminal investigation of special counsel Patrick Fitzgerald moves forward. Cheney and other White House officials could be called to testify if Libby goes to trial. [Associated Press, 11/3/2005]

Entity Tags: Lewis (“Scooter”) Libby, Bush administration (43), Henry A. Waxman, Lea Anne McBride, Maurice Hinchey, US Department of Justice, John Conyers, Valerie Plame Wilson, Patrick J. Fitzgerald, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Lewis Libby’s defense lawyers inform the court that they intend to call Vice President Dick Cheney as a witness in Libby’s trial. “We’re calling the vice president,” says lead defense lawyer Theodore Wells. For his part, Cheney says he is willing to testify on behalf of his former chief of staff. “We don’t expect him to resist,” says another of Libby’s lawyers, William Jeffress. Apparently, the defense intends to have Cheney establish its contention that Libby was overworked and under strain dealing with critical national security issues, a condition it says led to Libby’s “inadvertent” lies and misstatements to the FBI (see October 14, 2003 and November 26, 2003) and the grand jury investigating the Plame Wilson identity leak (see March 5, 2004 and March 24, 2004). Law professor Peter Shane says Cheney’s willingness to testify is unuusal because of his aggressive efforts to keep the executive branch from being forced to disclose information about its workings. Cheney’s spokeswoman Lea Anne McBride says that “historians are entitled to their opinions, but the vice president has said from the very beginning that we’re cooperating in this matter and we will continue to do so.” [Associated Press, 12/19/2006; New York Times, 12/19/2006; Washington Post, 12/20/2006] Cheney told reporters in June that he “may be called as a witness” in Libby’s trial (see June 22, 2006). However, he will not testify in the trial.

Entity Tags: Richard (“Dick”) Cheney, Lea Anne McBride, Lewis (“Scooter”) Libby, Peter Shane, Theodore Wells, William Jeffress, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

House Democratic Caucus chairman Rahm Emanuel (D-IL) says that if Vice President Dick Cheney does not accept that his office is an “entity within the executive branch,” then taxpayers should not finance his executive expenses. Cheney has refused to comply with executive branch rules governing disclosure of classification procedures by claiming that the vice president is part of the legislative branch as well as the executive (see 2003). Cheney needs to make up his mind one way or the other, Emanuel says, and live with the consequences. Cheney spokeswoman Lea Ann McBride retorts that Emanuel “can either deal with the serious issues facing our country or create more partisan politics.” In response to a letter from Henry Waxman (D-CA), chairman of the House Oversight Committee, that charges Cheney with refusing to obey a 2003 executive order requiring that all executive offices detail the number of documents they classify or declassify (see June 21, 2007), President Bush has already said that reporting requirements do not cover either his office or Cheney’s. And McBride says that because of Bush’s decision, the question of whether the office is part of the executive or the legislative branch is irrelevant. “The executive order’s intent is to treat the vice president like the president, rather than like an agency” within the executive branch, McBride says. Many Democrats disagree. Senator Dianne Feinstein (D-CA) calls Cheney’s position “the height of arrogance,” and says Emanuel’s proposal “might not be a bad idea.” [USA Today, 6/24/2007]

Entity Tags: Richard (“Dick”) Cheney, Rahm Emanuel, House Committee on Oversight and Government Reform, George W. Bush, Dianne Feinstein, Henry A. Waxman, Lea Anne McBride

Timeline Tags: Civil Liberties

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