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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

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 defense team files a motion with the US District Court to compel the discovery of documents and materials relating to a number of journalists in Libby’s upcoming trial (see January 20, 2006). The filing includes a request for the prosecution to turn over all the information it obtained from reporters about their confidential conversations with Bush administration sources in the course of its investigation. “There can be no information more material to the defense of a perjury case than information tending to show that the alleged false statements are, in fact, true or that they could be the result of mistake or confusion,” the lawyers argue. “Libby is entitled to know what the government knows.” After complaining that the prosecution has refused to provide numerous classified documents the defense has requested (see January 23, 2006), and reiterating its requests for a huge number of White House and CIA documents (see December 14, 2005), the motion asks that documents relating to NBC bureau chief Tim Russert (see July 10 or 11, 2003), Time reporter Matthew Cooper (see 11:00 a.m. July 11, 2003 and 2:24 p.m. July 12, 2003), New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003), and Washington Post reporter Bob Woodward (see November 14, 2005) be released to the defense. The defense also indicates its interest in information about NBC’s Andrea Mitchell and the Post’s Walter Pincus. [Washington Post, 1/27/2006; New York Times, 1/27/2006; US District Court for the District of Columbia, 1/26/2009 pdf file] Washington lawyer Charles Tobin says that the Libby defense move was expected, and is a result of the prosecution’s aggressive insistence on deposing journalists and forcing them to reveal confidential sources. “I think we could have expected that, when the prosecutor went on a fishing expedition, that the fish he caught would want to look back in the pail,” Tobin says. “The more this case develops, the further we seem to be getting from the core issues of the indictment—and more into the business of journalism and how news gets put out in this town.” [Washington Post, 1/27/2006]

Entity Tags: Judith Miller, Andrea Mitchell, Bob Woodward, Charles Tobin, Tim Russert, Bush administration (43), Walter Pincus, Matthew Cooper, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda, 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

Slate reporter John Dickerson, who formerly worked for Time magazine during the initial Plame Wilson identity leak investigation coverage, writes of his knowledge of, and participation in, the investigation, including his knowledge that White House official Karl Rove leaked Valerie Plame Wilson’s CIA identity to Dickerson’s colleague, Matthew Cooper (see 11:00 a.m. July 11, 2003). Dickerson co-wrote a July 2003 Time article with Cooper (see July 17, 2003) that led to Cooper’s subpoena from the Patrick Fitzgerald investigation (see August 9, 2004 and September 13, 2004), his being held in contempt of court (see October 13, 2004), and his eventual testimony (see July 13, 2005). However, Dickerson was never subpoenaed to testify before the Fitzgerald grand jury. He writes that he accompanied the gaggle of reporters with President Bush on his trip to Africa in July 2003, and of the extensive time spent by two “senior administration official[s]” telling him how partisan and unreliable Plame Wilson’s husband Joseph Wilson is, and how he should investigate what “low-level” CIA official sent Wilson to Niger (see July 11, 2003). “I thought I got the point,” Dickerson writes. “He’d been sent by someone around the rank of deputy assistant undersecretary or janitor.” Dickerson goes on to observe, “What struck me was how hard both officials were working to knock down Wilson” (see October 1, 2003). After returning from the trip, Cooper told Dickerson that Rove had informed him of Plame Wilson’s CIA identity. “So, that explained the wink-wink nudge-nudge I was getting about who sent Wilson,” Dickerson writes. Cooper and Dickerson were careful, Dickerson writes, to ensure that other reporters would not learn of Plame Wilson’s CIA identity from either of them. And Dickerson did not want to encroach on Cooper’s arrangement with Rove. Dickerson writes: “At this point the information about Valerie Plame was not the radioactive material it is today. No one knew she might have been a protected agent—and for whatever reason, the possibility didn’t occur to us or anyone else at the time. But it was still newsworthy that the White House was using her to make its case. That Scooter Libby and Karl Rove mentioned Plame to Matt was an example of how they were attempting to undermine Wilson. They were trying to make his trip look like a special family side deal not officially sanctioned by the agency.” [Slate, 2/7/2006; Slate, 2/7/2006] In 2007, former White House press secretary Ari Fleischer will testify that he informed Dickerson of Plame Wilson’s identity (see 8:00 a.m. July 11, 2003), a statement that Dickerson will dispute. [Slate, 1/29/2007]

Entity Tags: Lewis (“Scooter”) Libby, George W. Bush, Bush administration (43), Ari Fleischer, John Dickerson, Karl C. Rove, Patrick J. Fitzgerald, Time magazine, Valerie Plame Wilson, Matthew Cooper, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

The online news site Raw Story publishes an article claiming that the exposure of covert CIA 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) caused more damage to US national security than has previously been admitted, particularly in the area of containing foreign nuclear proliferation. Editor and reporter Larisa Alexandrovna sources the story from a number of anonymous current and former intelligence officials. Plame Wilson, the officials say, was an integral part of an operation tracking distribution and acquisition of weapons of mass destruction technology to and from Iran. Alexandrovna writes, “Their [the officials’] accounts suggest that Plame [Wilson]‘s outing was more serious than has previously been reported and carries grave implications for US national security and its ability to monitor Iran’s burgeoning nuclear program.” The officials say that while previous reports indicate Plame Wilson may have been involved in monitoring nuclear “black market” activities, particularly those involving Abdul Qadeer Khan (see Late February 1999), her real focus was Iran, though her team would have come into contact with Khan’s black market network during the course of its work on Iran’s nuclear program. Khan’s network is believed to have been the primary source of Iran’s nuclear weapons efforts. The officials refuse to identify the specifics of Plame Wilson’s work, but do say that her exposure resulted in “severe” damage to her team and significantly hampered the CIA’s ability to monitor nuclear proliferation. [Raw Story, 2/13/2006] The officials also say that the CIA conducted an “aggressive” in-house assessment of the damage caused by Plame Wilson’s exposure shortly after the White House leaked her identity to the press, and found the damage done by the leak “severe” (see Before September 16, 2003).

Entity Tags: Larisa Alexandrovna, Central Intelligence Agency, Raw Story, Valerie Plame Wilson, Abdul Qadeer Khan

Timeline Tags: Niger Uranium and Plame Outing

US District Judge Reggie Walton, presiding over the perjury and obstruction of justice trial of former White House aide Lewis “Scooter” Libby, rules that Libby is not entitled to know the identity of an anonymous administration official who revealed information about undercover CIA agent Valerie Plame Wilson to journalists. Walton rules that special counsel Patrick Fitzgerald can keep the other government official’s identity secret because that person has not been charged with a crime and has a right to privacy. [US District Court for the District of Columbia, 2/24/2006 pdf file; Associated Press, 2/27/2006; Washington Post, 7/3/2007] It later becomes evident that Walton is protecting the identity of former Deputy Secretary of State Richard Armitage (see June 13, 2003, July 8, 2003, and March 14, 2006). In related filings, Libby’s lawyers continue to press for the release of classified documents, citing them as necessary for Libby’s “memory defense” (see January 31, 2006). [US District Court for the District of Columbia, 2/23/2006 pdf file; US District Court for the District of Columbia, 2/24/2006 pdf file]

Entity Tags: Patrick J. Fitzgerald, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Reggie B. Walton, Richard Armitage

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton rules that both special counsel Patrick Fitzgerald and the Lewis Libby defense team can subpoena reporters and news organizations (see February 25, 2006). [MSNBC, 2/27/2006; US District Court for the District of Columbia, 2/27/2006 pdf file]

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

Timeline Tags: Niger Uranium and Plame Outing

Several news organizations are subpoenaed by the Lewis Libby defense team (see February 27, 2006). The New York Times, NBC News, and Time magazine all say they have been subpoenaed for documents and records pertaining to Libby’s involvement in the Plame Wilson CIA identity leak. The Washington Post says it expects a subpoena as well. Libby’s lawyers want to use reporters to prove that Libby did not intentionally lie to the FBI (see October 14, 2003 and November 26, 2003) and to a grand jury (see March 5, 2004 and March 24, 2004) about disclosing Valerie Plame Wilson’s identity to the press. Instead, they intend to argue that Libby failed to remember important details about his conversations with reporters regarding Plame Wilson’s identity. The New York Times acknowledges that it has been asked to provide notes, e-mail messages, draft news articles, and all other documents that refer to Plame Wilson before July 14, 2003, when her identity was made public (see July 14, 2003), and information regarding its columnist Nicholas Kristof, who wrote an article featuring Plame Wilson’s husband, Joseph Wilson (see May 6, 2003). Times spokeswoman Catherine Mathis says the newspaper has not yet decided whether to comply with the subpoena. She says former Times reporter Judith Miller has received a separate subpoena (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). NBC’s Tim Russert (see July 10 or 11, 2003) and Time’s Matt Cooper (see 2:24 p.m. July 12, 2003) have also been subpoenaed. The Post anticipates receiving a subpoena for its managing editor Bob Woodward (see November 14, 2005 and November 16-17, 2005). [US District Court for the District of Columbia, 3/14/2006 pdf file; US District Court for the District of Columbia, 3/14/2006 pdf file; Reuters, 3/16/2006; New York Times, 3/16/2006] Robert Bennett, a lawyer for Miller, says she will most likely fight the subpoena. “It’s entirely too broad,” he says. “It’s highly likely we’ll be filing something with the court.” [New York Times, 3/16/2006]

Entity Tags: Lewis (“Scooter”) Libby, Judith Miller, Catherine Mathis, Bob Woodward, Washington Post, Valerie Plame Wilson, Tim Russert, Joseph C. Wilson, New York Times, NBC News, Matthew Cooper, Nicholas Kristof, Robert T. Bennett, Time magazine

Timeline Tags: Niger Uranium and Plame Outing

A court filing by Lewis Libby’s defense team lists the witnesses the lawyers say they intend to put on the stand in their client’s defense. The list includes:
bullet Former Deputy Secretary of State Richard Armitage (see June 13, 2003, After October 28, 2005, and November 14, 2005);
bullet Former White House press secretary Ari Fleischer (see July 7, 2003, 8:00 a.m. July 11, 2003, and 1:26 p.m. July 12, 2003);
bullet Former Undersecretary of State Marc Grossman (see June 10, 2003);
bullet Former Secretary of State Colin Powell (see July 16, 2004);
bullet White House political strategist Karl Rove (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003);
bullet Former CIA Director George Tenet (see June 11 or 12, 2003, July 11, 2003 and 3:09 p.m. July 11, 2003);
bullet Former US ambassador Joseph Wilson (see July 6, 2003);
bullet Former CIA covert operative Valerie Plame Wilson (see July 14, 2003);
bullet National Security Adviser Stephen Hadley (see July 21, 2003 and November 14, 2005);
bullet CIA briefers Craig Schmall (see 7:00 a.m. June 14, 2003), Peter Clement, and/or Matt Barrett;
bullet Former CIA officials Robert Grenier (see 4:30 p.m. June 10, 2003, 2:00 p.m. June 11, 2003, and 5:27 p.m. June 11, 2003) and/or John McLaughlin (see June 11 or 12, 2003);
bullet Former CIA spokesman Bill Harlow (see 5:27 p.m. June 11, 2003, (July 11, 2003), and Before July 14, 2003);
bullet Vice President Dick Cheney’s chief of staff David Addington (see July 8, 2003);
bullet Former Cheney press secretary Cathie Martin (see 5:27 p.m. June 11, 2003); and
bullet Cheney himself (see July 12, 2003 and Late September or Early October, 2003).
The defense also:
bullet Wants notes from a September 2003 White House briefing where Powell reportedly claimed that many people knew of Plame Wilson’s CIA identity before it became public knowledge;
bullet Implies that Grossman may not be an unbiased witness;
bullet Suspects Fleischer may have already cooperated with the investigation (see June 10, 2004);
bullet Intends to argue that Libby had no motive to lie to either the FBI (see October 14, 2003 and November 26, 2003) or the grand jury (see March 5, 2004 and March 24, 2004); and
bullet Intends to argue that columnist Robert Novak’s primary source for his column exposing Plame Wilson as a CIA official was not Libby, but “a source outside the White House” (see July 8, 2003). [US District Court for the District of Columbia, 3/17/2006 pdf file; Jeralyn Merritt, 3/18/2006]
Criminal defense attorney Jeralyn Merritt believes Libby’s team may be preparing to lay blame for the Plame Wilson leak on Grossman. She writes that, in her view, “Libby’s lawyers are publicly laying out how they intend to impeach him: by claiming he is not to be believed because (either or both) his true loyalty is to Richard Armitage rather than to the truth, or he is a self-aggrandizing government employee who thinks of himself a true patriot whose duty it is to save the integrity of the State Department.” [Jeralyn Merritt, 4/4/2006] Libby’s lawyers indicate that they will challenge Plame Wilson’s significance as a covert CIA official (see Fall 1992 - 1996, April 2001 and After, Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, and February 13, 2006). “The prosecution has an interest in continuing to overstate the significance of Ms. Wilson’s affiliation with the CIA,” the court filing states. They also intend to attempt to blame Armitage, Grossman, Grenier, McLaughlin, Schmall, and/or other officials outside the White House proper as the real sources for the Plame Wilson identity leak. [US District Court for the District of Columbia, 3/17/2006 pdf file; Truthout (.org), 3/18/2006]

Entity Tags: Valerie Plame Wilson, Robert Novak, Robert Grenier, Catherine (“Cathie”) Martin, Colin Powell, Ari Fleischer, Central Intelligence Agency, Bush administration (43), Bill Harlow, Richard Armitage, Richard (“Dick”) Cheney, Stephen J. Hadley, Matt Barrett, George J. Tenet, Peter Clement, Craig Schmall, Jeralyn Merritt, John E. McLaughlin, David S. Addington, Karl C. Rove, Joseph C. Wilson, Marc Grossman, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

A map drawn by one of the defectors, showing his version of the Salman Pak facility.A map drawn by one of the defectors, showing his version of the Salman Pak facility. [Source: PBS]The story told by three Iraqi defectors in November 2001, of a terrorist training camp in Salman Pak, outside of Baghdad, has long been disproven (November 6-8, 2001) and one defector has been shown to have pretended to be former Iraqi general Jamal al-Ghurairy, the key source for the story. But only now are the news reporters and pundits beginning to acknowledge—however grudgingly—that they were duped, and that their credulous reportings helped cement the Bush administration’s fabricated case for invading Iraq. The story was one of at least 108 planted in the US and British press by the Iraqi National Congress (INC) between October 2001 and May 2002, a number audaciously provided by the INC itself in its attempts to persuade Congress to continue its funding (see June 26, 2002). The New York Times eventually admitted some faults with its prewar reporting, but only admitted that its coverage of the Salman Pak story had “never been independently verified.” PBS, similarly gulled by the defectors and their fraudulent claims (see October 2005), amended its Frontline Web site for its “Gunning for Saddam” story, which featured interviews with the defectors, to note that the defector’s claims have “not been substantiated,” and later will admit to the likelihood that its reporter, Christopher Buchanan, was duped. New York Times reporter Chris Hedges now says he took the word of producer Lowell Bergman as to the validity of the defector, and was further convinced by one of the defector’s military appearance. As for Bergman, Hedges says, “There has to be a level of trust between reporters. We cover each other’s sources when it’s a good story because otherwise everyone would get hold of it.” Hedges admits he was not aware at the time of how close Bergman, and other Times reporters such as Judith Miller, was to INC head Ahmed Chalabi. “I was on the periphery of all this. This was Bergman’s show.” [Mother Jones, 4/2006] In 2004, Hedges noted that he attempted to get confirmation from the US government about the defectors and their story, and government officials confirmed the claims: “We tried to vet the defectors and we didn’t get anything out of Washington that said ‘these guys are full of sh*t.’” [Columbia Journalism Review, 7/1/2004] Hedges says he later rejected an attempt by Chalabi to convince him that UN inspectors were spying for Saddam Hussein. He also says that he never believed the stories placing 9/11 hijacker Mohamed Atta in Prague (see April 8, 2001). He no longer trusts Chalabi as a source of information: “He’s a sleazy guy who I was not comfortable working around, but there was nothing right after 9/11 to indicate he was an outright liar.” [Mother Jones, 4/2006] Hedges notes that Chalabi seemed to have an “endless stable” of defectors to talk with reporters. “He had defectors for any story you wanted. He tried to introduce me to this guy who said he knew about Iraqi spies on the UN inspection teams: the guy was a thug. I didn’t trust either of them.” [Columbia Journalism Review, 7/1/2004] However, none of this uncertainty made it into Hedges’s Times report. Bergman says, “You’ve got to remember that back then there really was only one show in town, and that was Chalabi’s. If you were doing a story on Saddam’s Iraq, you would speak to the Iraqi government, the White House, and the INC.” Bergman tried to confirm the al-Ghurairy story with former CIA director and prominent neoconservative James Woolsey, and Woolsey told him that “al-Ghurairy” had met with the FBI in Ankara. (At the time, Woolsey was hardly a neutral source since it was already reported that he was aggressively trying to drum up connections between Iraq and al-Qaeda (see Late September 2001 and Mid-September-October 2001).) “Chalabi was dangerous goods in the sense you know he’s advocating war” Bergman recalls. “But that label is up-front. I think Chalabi is given too much credit for influencing the march to war.” Many conservative pundits still cite the al-Ghurairy tale as justification for the Iraq invasion. And the White House still lists “shutting down the Salman Pak training camp where members of many terrorist camps trained” in its “Progress Report on the Global War on Terrorism” Web page. In 2004, Chalabi boasted, “As far as we’re concerned, we’ve been entirely successful. That tyrant Saddam is gone, and the Americans are in Baghdad. What was said before is not important. The Bush administration is looking for a scapegoat. We’re ready to fall on our swords if he wants. We are heroes in error.” [Columbia Journalism Review, 7/1/2004; Mother Jones, 4/2006]

Entity Tags: Jamal al-Ghurairy, Chris Hedges, Bush administration (43), Ahmed Chalabi, Iraqi National Congress, Christopher Buchanan, Saddam Hussein, Mohamed Atta, New York Times, Public Broadcasting System, Lowell Bergman, Judith Miller, James Woolsey

Timeline Tags: Events Leading to Iraq Invasion

Special prosecutor Patrick Fitzgerald files a brief with the court that states unequivocally that the White House orchestrated an attempt to besmirch the character and integrity of former ambassador Joseph Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, and October 1, 2003). The New York Times describes Wilson as “the man who emerged as the most damaging critic of the administration’s case that Saddam Hussein was seeking to build nuclear weapons.”
Bush, Cheney at Heart of Smear Campaign - Fitzgerald’s court filing places President Bush and Vice President Dick Cheney directly at the center of the controversy, which erupted when conservative columnist Robert Novak used information from White House sources to “out” Wilson’s wife, Valerie Plame Wilson, as a covert CIA agent (see July 14, 2003). According to Fitzgerald, the White House engaged in “a plan to discredit, punish, or seek revenge against Mr. Wilson.” The filing concludes, “It is hard to conceive of what evidence there could be that would disprove the existence of White House efforts to ‘punish Wilson.’” Fitzgerald’s portrait of events is at odds with the Bush administration’s narrative, which attempts to portray Wilson as a minor figure whose criticism of the Iraq invasion comes from his personal and political agenda. Fitzgerald is preparing to turn over to the defense lawyers for Lewis Libby some 1,400 pages of handwritten notes—some presumably by Libby himself—that should bolster Fitzgerald’s assertion. Fitzgerald will file papers in support of his assertion that Bush ordered the selective disclosure of parts of the October 2002 National Intelligence Estimate (see October 1, 2002) as part of the White House’s attempt to discredit Wilson.
Fitzgerald: Cheney Headed Campaign - Fitzgerald views Cheney, not Bush, as being at what the Times calls “the epicenter of concern about Mr. Wilson.” Fitzgerald notes that Wilson’s op-ed in the New York Times (see July 6, 2003) “was viewed in the Office of the Vice President as a direct attack on the credibility of the vice president (and the president) on a matter of signal importance: the rationale for the war in Iraq.… Disclosing the belief that Mr. Wilson’s wife sent him on the Niger trip was one way for defendant to contradict the assertion that the vice president had done so, while at the same time undercutting Mr. Wilson’s credibility if Mr. Wilson were perceived to have received the assignment on account of nepotism.” Neither Bush’s then-National Security Adviser, Condoleezza Rice, nor Rice’s deputy and eventual successor, Stephen Hadley, knew of the information declassification, Libby indicates. [US District Court for the District of Columbia, 4/5/2006 pdf file; Los Angeles Times, 4/7/2006; New York Times, 4/11/2006; National Journal, 6/14/2006; Washington Post, 7/3/2007]
Bush Authorized Leak of Classified Intelligence - Fitzgerald’s filing also states that, according to Libby’s earlier testimony (see March 5, 2004 and March 24, 2004), Bush directly authorized the leak of classified intelligence to reporters as part of the Wilson smear campaign (see April 5, 2006).
Democrats Dismayed at Allegations of Bush Involvement - Senator Frank Lautenberg (D-NJ) says: “After the CIA leak controversy broke three years ago, President Bush said, ‘I’d like to know if somebody in my White House did leak sensitive information.’ Now we find out that the president himself was ordering leaks of classified information.… It’s time for the president to come clean with the American people.” And in a letter to Bush, Representative Henry Waxman (D-CA), the ranking minority member of the House Oversight Committee, writes in part, “Two recent revelations raise grave new questions about whether you, the vice president and your top advisors have engaged in a systematic abuse of the national security classification process for political purposes.” [Los Angeles Times, 4/7/2006]

Entity Tags: Frank R. Lautenberg, George W. Bush, Lewis (“Scooter”) Libby, Condoleezza Rice, Bush administration (43), Office of the Vice President, Joseph C. Wilson, Patrick J. Fitzgerald, Henry A. Waxman, Richard (“Dick”) Cheney, Valerie Plame Wilson, Stephen J. Hadley

Timeline Tags: Niger Uranium and Plame Outing

Democratic Representative John Conyers (D-MI) and 14 of his colleagues send a letter to President Bush asking for the truth about “the troubling revelation that you authorized I. Lewis Libby, the vice president’s former chief of staff, to attempt to discredit a critic of your administration through the selective leaking of classified information.” Conyers and his colleagues are referring to the White House’s attempts to discredit war critic Joseph Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, and April 5, 2006), which included the exposure of his wife, Valerie Plame Wilson’s, CIA identity (see June 13, 2003, June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, and July 12, 2003). They write, “We ask that, once and for all, you publicly admit the extent of your role in authorizing the selective leaking of information to discredit your critics and detail what other leaks you have authorized that are relevant to the war in Iraq.” [Huffington Post, 4/7/2006]

Entity Tags: George W. Bush, Lewis (“Scooter”) Libby, Joseph C. Wilson, John Conyers

Timeline Tags: Niger Uranium and Plame Outing

Lawyers for NBC News, the New York Times, Time magazine, and Time reporter Matt Cooper file motions to quash the Lewis Libby defense team’s subpoenas (see March 14, 2006). Lawyers for the Times argue that the newspaper “has a substantial First Amendment interest, and common law qualified privilege against compelled production of unpublished information of the kind sought by Libby.” Time magazine notes Libby’s argument that since he believed Valerie Plame Wilson’s CIA identity was well known within the Washington press corps, he needs to show that her employment was discussed by reporters in June and July 2003, when he was meeting with reporters. Time says that the Libby argument should not allow his lawyers to conduct a broad search for potentially helpful evidence. “Although Mr. Libby has claimed a right to know what information the press corps in general possessed concerning Mrs. Wilson’s affiliation with the CIA, under that theory he would be entitled to subpoena all reporters in Washington to learn what they knew, and when they knew it,” Time argues in its motion. “There is no stopping point to this approach.” Other lawyers for the news organizations call the Libby subpoenas “fishing expeditions.” NBC News argues that it has no documents that show that any network employee, including reporters Andrea Mitchell and Tim Russert, knew that Plame Wilson was employed by the CIA before her public exposure (see July 14, 2003). Through his lawyers, Cooper argues that the subpoena from Libby is “materially the same as the subpoena issued to Time Inc.” by special counsel Patrick Fitzgerald, and is “overbroad, unreasonable, and burdensome… and seeks information protected by the reporter’s privilege that exists under the First Amendment.” [US District Court for the District of Columbia, 4/18/2006 pdf file; New York Times, 4/19/2006; Washington Post, 4/19/2006]

Entity Tags: New York Times, Andrea Mitchell, Lewis (“Scooter”) Libby, NBC News, Tim Russert, Valerie Plame Wilson, Patrick J. Fitzgerald, Matthew Cooper, Time magazine

Timeline Tags: Niger Uranium and Plame Outing

The Washington Post acknowledges that it has recently turned over notes and materials to the Lewis Libby defense team in response to a subpoena it had received (see March 14, 2006). In a statement, the Post says it has turned over “the complete version of [reporter] Bob Woodward’s memo of his interview with Mr. Libby on June 27, 2003 (see June 27, 2003). This action did not pose legal or journalistic concerns to the Post or Mr. Woodward.” [New York Times, 4/19/2006]

Entity Tags: Bob Woodward, Washington Post, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Progressive columnist, author, and blogger Arianna Huffington writes that the recent motions by the New York Times, Time magazine, and other news organizations to quash subpoenas issued by the Lewis Libby defense team (see April 18, 2006) raise more questions than the organizations may be willing to answer. Huffington says that lawyers for the New York Times and its reporter Judith Miller are correct in calling Libby’s subpoenas a “fishing expedition” and accusing the lawyers of casting an overly “wide net.” However, the Times motion, in conjunction with the original Libby subpoena (see March 14, 2006), reveals that Libby’s lawyers want to know more about the situation surrounding Miller’s July 2003 conversation with Libby, in which he divulged classified information to her in order to influence her reporting on Iraq (see 8:30 a.m. July 8, 2003). Specifically, Libby’s lawyers, as well as Huffington and others, want to know if Miller proposed writing a story based on Libby’s disclosures. As Huffington writes: “If she did pitch the story, which Times editor did she pitch it to? What was their reaction? Why did no story result? Had the editors become so suspect of Miller’s sources and reporting that they refused to sign off on the story? Was she officially barred from writing about Iraq/WMD?” Huffington observes that it is obvious the Libby team intends to impugn Miller’s integrity as a journalist, and writes that such a defense tactic “mak[es] it all the more important for the paper to stop operating behind a veil of secrecy when it comes to Miller.” Huffington also notes that Miller has spoken to Times in-house lawyer George Freeman and to Vanity Fair reporter Marie Brenner about Valerie Plame Wilson; Brenner wrote an article saying that Miller had talked to numerous government officials about Plame Wilson’s identity both before and after her outing by columnist Robert Novak (see July 14, 2003). [Huffington Post, 4/20/2006] Lawyer Jeralyn Merritt, writing for the progressive legal blog TalkLeft, notes that special counsel Patrick Fitzgerald is likely very interested in determining which government officials Miller may have spoken to about Plame Wilson, but goes on to write that Miller may have already disclosed that information to Fitzgerald. [Jeralyn Merritt, 4/20/2006]

Entity Tags: New York Times, Jeralyn Merritt, George Freeman, Arianna Huffington, Judith Miller, Marie Brenner, Patrick J. Fitzgerald, Time magazine, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Lewis Libby’s defense team files a motion to compel the testimonies of several reporters and news organizations whom it has already subpoenaed (see March 14, 2006). The New York Times, NBC News, Time magazine, and reporters Judith Miller, Matthew Cooper, and Andrea Mitchell have already filed motions to quash the Libby subpoenas (see April 18, 2006). Libby’s lawyers argue that the subpoenas are legal and just, and Libby has a right to compel the subpoenaed testimonies. According to the lawyers’ brief, reporters have “no right—under the Constitution or the common law—to deprive Mr. Libby of evidence that will help establish his innocence at trial.” In return, lawyers for the various press outlets say that Libby’s subpoenas are so broad that they threaten the integrity of their news gathering operations by targeting all of their employees, not just the three reporters involved in the case. [US District Court for the District of Columbia, 5/1/2006 pdf file; US District Court for the District of Columbia, 5/1/2006 pdf file; Associated Press, 5/2/2006] Author and blogger Marcy Wheeler writes that while the Libby team’s arguments about Cooper and Mitchell are strong, the arguments in regards to Miller are something else entirely. Wheeler accuses Libby, through his lawyers, of “totally mischaracterizing the nature of the lie he is accused of telling to” Miller during their meetings (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). She says that in her view, Miller repeatedly hedged her grand jury testimony (see September 30, 2005 and October 12, 2005) to “protect Libby,” but now Libby is using those hedges “to impugn Judy as a witness.” [Marcy Wheeler, 5/2/2006] Author Jane Hamsher and former prosecutor Christy Hardin Smith, writing for the progressive blog FireDogLake, note with some amusement that the Libby lawyers are relying on a new word: “misrecollected,” as in “whether it is Mr. Libby or the reporters who have misstated or misrecollected the facts,” or “it is Mr. Russert who has misrecollected or misstated the facts.” Hamsher and Smith write: “It’s being employed here for the purpose of avoiding an explicit discussion of what they’re really talking about, commingling under its broad tent two distinct activities: the act of remembering an event but failing to recall certain details, which would also be known as ‘forgetting,’ and the act of remembering things that never actually happened, which would be in effect ‘fabricating.’ They seem to be describing the latter while hoping for the more innocent overtones of the former.” [FireDogLake, 5/2/2006]

Entity Tags: Marcy Wheeler, Christy Hardin Smith, Andrea Mitchell, Jane Hamsher, Lewis (“Scooter”) Libby, Time magazine, Judith Miller, NBC News, Matthew Cooper, New York Times

Timeline Tags: Niger Uranium and Plame Outing

News organizations and reporters file a variety of motions to quash the Libby defense team’s subpoenas for their notes and testimonies for the upcoming trial (see March 14, 2006, April 18, 2006, and May 1, 2006). The arguments are similar: Lewis Libby’s subpoenas violate the journalists’ and news organizations’ First Amendment rights to privacy in their reporting, the subpoenas are overly broad and lack relevance—a “fishing expedition,” as Time’s lawyers phrase it—and Libby’s lawyers cannot expect to be granted such “unchecked leeway” in subpoenaing reporters without far more specific goals and objectives than the defense team has previously stated. The lawyers for NBC reporters Andrea Mitchell and Tim Russert write, “Defendant’s case rests entirely on serial speculation—i.e., if Ms. Mitchell knew about Ms. Wilson and her employment prior to July 11, and if Ms. Mitchell shared that information with Mr. Russert before he talked with Defendant, and if Mr. Russert then shared the same information with Defendant, then her testimony would ‘be important to the defense.’” [US District Court for the District of Columbia, 5/8/2006 pdf file; US District Court for the District of Columbia, 5/8/2006 pdf file; US District Court for the District of Columbia, 5/8/2006 pdf file; THE NEW YORK TIMES' REPLY TO DEFENDANT I. LEWIS LIBBY'S RESPONSE TO MOTION OF THE NEW YORK TIMES TO QUASH LIBBY'S RULE 17(c) SUBPOENA, 5/8/2006 pdf file; US District Court for the District of Columbia, 5/8/2006 pdf file] Former prosecutor and FireDogLake blogger Christy Hardin Smith writes: “Here’s a rule of thumb—you can’t call a witness that you know is not going to be favorable to your case solely to raise questions about that witness to confuse the jury. It’s called bootstrapping, and judges do not like it. Let alone the fact that it is not allowed under the rules.” [Christy Hardin Smith, 5/12/2006] In her response, Judith Miller’s lawyer Joseph Tate objects to Libby’s speculation that he may have learned of Valerie Plame Wilson’s CIA status from Miller, and his request for Miller’s notes to prove or disprove his speculation. In the brief, Tate writes: “Mr. Libby asserts that he ‘has established a ‘sufficient likelihood’ that the documents he seeks are relevant to his defense.‘… In support, he maintains that ‘the documents sought are likely to contain evidence that some, if not all, of his testimony about… conversations [with reporters] was correct and that it is the reporters who have an unreliable recollection or have misstated the facts.‘… He also makes the startlingly baseless claim that it may have been Ms. Miller who mentioned Ms. Plame to him.… These contentions are unavailing. How can it possibly be maintained that Ms. Miller’s notes of discussions with persons other than Mr. Libby, regarding topics unrelated to the instant case, have any bearing on his, hers, or anyone’s recollection of the salient facts regarding her conversations with him?” Author and FireDogLake blogger Jane Hamsher writes that if Miller expected a response such as “‘If Pulitzer Prize winning journalist Judith Miller can’t remember, how can Mr. Libby be expected to remember?’ [w]hat she got instead was an invitation to play scapegoat.” [US District Court for the District of Columbia, 5/8/2006 pdf file; Jane Hamsher, 5/9/2006]

Entity Tags: Andrea Mitchell, Christy Hardin Smith, Jane Hamsher, Joseph Tate, Lewis (“Scooter”) Libby, Valerie Plame Wilson, NBC News, Tim Russert, Time magazine, Judith Miller

Timeline Tags: Niger Uranium and Plame Outing

Valerie Plame Wilson, the former CIA agent whose undercover status was blown by a White House leak of her identity (see July 14, 2003), sues Vice President Dick Cheney, White House aide Karl Rove, and former White House aide Lewis “Scooter” Libby. Plame Wilson accuses them and other White House officials of conspiring to destroy her career as a CIA operative as well as conspiring to besmirch the reputation and integrity of her husband, former ambassador Joseph Wilson, who is also part of the lawsuit. The suit does not specify monetary damages to be assessed. [Associated Press, 7/13/2006; New York Times, 7/14/2006; Washington Post, 7/3/2007] The Wilsons will later add former Deputy Secretary of State Richard Armitage (see June 13, 2003 and July 8, 2003) to the suit. [Associated Press, 5/17/2007]
Alleges Constitutional, Civil Rights Violations - The lawsuit claims that Cheney, Rove, Libby, and 10 yet-to-be-named government officials—named “John Does 1-10” in the lawsuit—violated the Wilsons’ First Amendment rights to free speech, their Fifth Amendment rights to equal protection under the law, and their right to privacy and property. The suit alleges that the defendants conspired to deprive the Wilsons of their civil rights, as well as charging the defendants with neglecting to prevent civil rights violations, public disclosure of private facts, and civil conspiracy. (The “John Doe” defendants will be included when the Wilsons learn who else was involved.) The Wilsons file their lawsuit one day before the statute of limitations would have expired on any such lawsuit. In 2007, Plame Wilson will write that her husband had talked of such a lawsuit since her outing in 2003, but she had consistently avoided the idea. “I got angry, defensive, and emotional,” she will recall. “I didn’t want to talk about it; the leak was still too raw for me and I wasn’t ready yet to think rationally through what such an action would mean.” But when Plame Wilson began to come to terms with the ramifications of the leak to her personal and professional life, she “began to tally up the costs of the campaign to smear Joe and to out me carelessly: the near destruction of Joe’s reputation and his consulting business, the end of my career, the wholesale invasion of our privacy, threats to our physical security, the chronic level of stress that had adversely affected our health in myriad ways, and two small children wondering why their parents were fighting again. A lawsuit couldn’t completely remedy the situation, but to me, it began to look more appealing.” [US District Court for the District of Columbia, 7/13/2006 pdf file; New York Times, 7/14/2006; Wilson, 2007, pp. 252-254]
Trying to Accomplish Three Things in Lawsuit - In discussing the idea, the Wilsons decided that the lawsuit could possibly accomplish three things:
bullet Finding the truth behind what Plame Wilson calls “the erroneous 16 words about the uranium from Niger” and how they made it into President Bush’s 2003 State of the Union speech (see Mid-January 2003 and 9:01 pm January 28, 2003);
bullet Holding “government officials accountable for actions that might be illegal or unconstitutional”; and
bullet Serving “as a deterrent to future public servants who might think they are above the law.” [US District Court for the District of Columbia, 7/13/2006 pdf file; Wilson, 2007, pp. 252-254]
Rove: Allegations 'without Merit' - Rove spokesman Mark Corallo says, “Without even having had a chance to review the complaint, it is clear that the allegations are absolutely and utterly without merit.” [Associated Press, 7/13/2006] Rove’s lawyer Robert Luskin gives a similar statement to the press: “The allegations are without merit. We may comment further when we have an opportunity to review the complaint.” [New York Times, 7/14/2006]
'Exposing Administration Wrongdoing' - With the continuing attempts from the White House and conservative elements in the media to downplay and/or rewrite the history of the leak (see July 13, 2006), Plame Wilson will write, “Our civil suit seemed to be the only means by which we could expose the administration’s wrongdoing.” [Wilson, 2007, pp. 252-254]
Problems with Lawsuit - The lawsuit will face difficulties in bringing the law to bear against Cheney and Rove. The basis for suing federal officials is a 1982 Supreme Court case that says federal officials may be sued for violating someone’s constitutional rights if a reasonable person would believe they had violated “clearly established law.” The Libby investigation has not yet produced solid evidence that there was a deliberate, illegal effort to leak Plame Wilson’s identity. [New York Times, 7/14/2006]

Entity Tags: Bush administration (43), Joseph C. Wilson, Karl C. Rove, Mark Corallo, George W. Bush, Robert Luskin, Richard (“Dick”) Cheney, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Richard Armitage

Timeline Tags: Niger Uranium and Plame Outing

Magnified anthrax cells.Magnified anthrax cells. [Source: T. W. Geisbert / USAMRIID]In August 2006, an article by Douglas Beecher is published in Applied and Environmental Microbiology, a well-respected peer-reviewed scientific journal. Beecher is a microbiologist in the FBI’s hazardous materials response unit who has been working on the FBI’s investigation of the 2001 anthrax attacks since the investigation began. His article represents the first official FBI explanation about the anthrax used in the attacks. Releasing the evidence in a peer-reviewed journal will give it more credence if cited in a later court trial. [Chemical and Engineering News, 12/4/2006] At first, the article is little-noticed by the media, but the Washington Post will highlight it in a front-page story a month later. The Post will also say that others in the FBI have come to the same conclusions Beecher has. [Washington Post, 9/25/2006]
Controversial Paragraph - Beecher focuses on the anthrax letter mailed to Sen. Patrick Leahy (D-VT), since it had never been opened and thus remained the least contaminated. The anthrax in the Leahy letter and the letter to Sen. Tom Daschle (D-SD) has been considered deadlier than the other anthrax letters because victims were infected by inhalation and not just by touch. Most controversially, Beecher states that a “widely circulated misconception is that the spores were produced using additives and sophisticated engineering supposedly akin to military weapon production.” Up until this time, it had been widely reported that these two letters had been “weaponized,” meaning the anthrax in them had been coated with a substance (usually reported as silicia) to make it float in the air and thus deadlier to handle.
No Supporting Evidence - But while Beecher makes this surprising claim, he gives no evidence to back it up. The comment is made in passing in the discussion section of the article and there are no footnotes or explanation related to it. Several months later, L. Nicholas Ornston, editor-in-chief of the microbiology journal, says, “The statement should have had a reference. An unsupported sentence being cited as fact is uncomfortable to me. Any statement in a scientific article should be supported by a reference or by documentation.” Beecher and the rest of the FBI make no further public comments to support his assertion, but the FBI begins describing the anthrax as non-weaponized from this point onwards.
Highly Pure Anthrax, but No Coating or Milling - Several months later, two scientists will claim they saw the anthrax from one of these letters not long after the attacks and did not see any signs of coating or milling. However, what they did see was an exceptionally high purity to the anthrax, in which the high level of debris in the earlier anthrax letters was removed, making it deadlier and possibly more able to float through air. [Chemical and Engineering News, 12/4/2006]

Entity Tags: Federal Bureau of Investigation, Douglas Beecher, L. Nicholas Ornston

Timeline Tags: 2001 Anthrax Attacks

The press reveals that then-Deputy Secretary of State Richard Armitage met with Washington Post author Bob Woodward in June 2003 at the same time Woodward has admitted to learning from a confidential administration source that Valerie Plame Wilson was a CIA agent (see June 13, 2003). The information comes from Armitage’s 2003 appointment calendars, made available to the Associated Press through a Freedom of Information Act request. The revelation makes it likely that Armitage was the first Bush administration official to reveal that Plame Wilson was a CIA agent. Woodward admitted almost a year ago that a “current or former” administration official divulged Plame Wilson’s CIA identity to him (see November 14, 2005). Neither Woodward nor Armitage will comment on the allegations. At the same time, Newsweek reporter Michael Isikoff publishes the story in his magazine. [Associated Press, 8/22/2006; New York Times, 8/23/2006; Newsweek, 9/4/2006] Lewis Libby’s defense lawyer, William Jeffress, says of the report: “I would hope that the facts on that would come out. We have asked for information as to Woodward’s source in discovery, but that has been denied.” Melanie Sloan, a lawyer representing Valerie Plame Wilson and her husband Joseph Wilson in their lawsuit against Libby, Vice President Dick Cheney, and White House official Karl Rove (see July 13, 2006), says “it sure sounds like” Armitage was the first to reveal Plame Wilson’s CIA status to a member of the press. However, Sloan adds, if Armitage revealed Plame Wilson’s identity to columnist Robert Novak (see July 8, 2003), who outed Plame Wilson (see July 14, 2003), then far from indicating Libby’s or Rove’s innocence in exposing Plame Wilson’s identity, it merely widens the conspiracy. “Then I think maybe Armitage was in on it,” Sloan says. “The question is just what was Armitage’s role?” [Associated Press, 8/22/2006] The Washington Post soon receives confirmation of Armitage’s role in the leak from a former State Department colleague. [Washington Post, 8/29/2006] Many members of the press learn about Armitage from an upcoming book, Hubris, by Michael Isikoff and David Corn. According to the book, Woodward dismissed Armitage’s outing of Plame Wilson as “gossip.” Armitage also revealed Plame Wilson’s name to columnist Robert Novak (see July 8, 2003). [Wilson, 2007, pp. 256] Partly as publicity for the book, Isikoff prints two “teaser” articles in Newsweek revealing Armitage as the source. One article is dated September 4, but appears on the Internet in late August. The articles also reveal that Armitage leaked Plame Wilson’s identity to both Woodward and Novak. [Newsweek, 8/27/2006; Newsweek, 9/4/2006]

Entity Tags: Bob Woodward, Bush administration (43), David Corn, Associated Press, Michael Isikoff, Lewis (“Scooter”) Libby, William Jeffress, Melanie Sloan, Richard Armitage, Valerie Plame Wilson, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

A legal associate of former Deputy Secretary of State Richard Armitage says that Armitage has admitted to being one of the government officials who told columnist Robert Novak that Valerie Plame Wilson was a CIA official (see July 8, 2003 and July 14, 2003). According to the lawyer, Armitage has confirmed being Novak’s “primary,” or original, source for the information. Armitage’s role as one of the government leakers of Plame Wilson’s identity has recently come to light in the press (see August 22, 2006), though earlier press reports have focused on Armitage’s leak to Washington Post reporter Bob Woodward (see June 13, 2003). [New York Times, 8/29/2006]

Entity Tags: Bob Woodward, Valerie Plame Wilson, Robert Novak, Richard Armitage

Timeline Tags: Niger Uranium and Plame Outing

According to a later report by the Los Angeles Times, the FBI’s investigation into the 2001 anthrax attacks (see October 5-November 21, 2001) remains “fixated” on suspect Steven Hatfill into late 2006. Senior FBI agent Richard Lambert took over as head of the investigation in late 2002 (see Late 2002), and kept the focus on Hatfill. The change in focus comes just after August 25, 2006, when Lambert is removed as head of the investigation and reassigned to be the head of an FBI field office instead. The Times will later reveal that some FBI agents were frustrated with Lambert’s single-minded focus on Hatfill and sought a review of Lambert by the FBI’s Inspection Division. One agent will later say: “There were complaints about him. Did he take energy away from looking at other people? The answer is yes.” But Lambert was not alone; the Times will also report, “The fixation on Hatfill ran broadly through FBI leadership.” An FBI agent later says: “They exhausted a tremendous amount of time and energy on [Hatfill].… I’m still convinced that whatever seemed interesting or worth pursuing was just basically nullified in the months or year following when ‘person of interest’ came out about Hatfill.” Another investigator will say: “Particular management people felt, ‘He is the right guy. If we only put this amount of energy into him, we’ll get to the end of the rainbow.’ Did it take energy away? It had to have. Because you can’t pull up another hundred agents and say, ‘You go work these leads [that] these guys can’t because they’re just focused on Hatfill.’” [Los Angeles Times, 6/29/2008] In October 2006, NBC News reports: “the FBI recently installed a new team of top investigators to head up the anthrax case. Sources familiar with the case tell NBC News that the new managers are looking anew at all possible suspects, with a much broader focus than before. The sources say that the previous head of the case, inspector Richard Lambert, was moved to a new position within the FBI, in part because he had focused too much on Hatfill.” [MSNBC, 10/24/2006]

Entity Tags: Federal Bureau of Investigation, Steven Hatfill, Richard Lambert

Timeline Tags: 2001 Anthrax Attacks

Rowan Scarborough.Rowan Scarborough. [Source: NNDB (.com)]Washington Times reporter Rowan Scarborough writes an extensive analysis of the Plame Wilson identity leak investigation, calling it an attempt by liberals to bring down a Republican president just as the Nixon-era Watergate scandal did (see October 18, 1972 and June 27, 1973), and accuses “leftists” throughout Congress and the media of orchestrating a smear campaign against former White House official Lewis Libby. Special counsel Patrick Fitzgerald is little more than a tool of those “leftists,” he writes. Scarborough, who is not identified as the author by the Times but is identified on the reprint of the article on the Libby Legal Defense Fund Web site, reviews and echoes many of the same criticisms others on the right have already stated, that since Libby was not the first administration official to leak Valerie Plame Wilson’s identity to a reporter, he must be innocent of the charges against him (see Late August-Early September, 2006). “[T]he ‘scandal’ is played out,” Scarborough writes, and the hopes of liberals to see the destruction of the Bush administration are “shattered.” Scarborough says that Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003) and former Deputy Secretary of State Richard Armitage (see June 13, 2003 and July 8, 2003) revealed Plame Wilson’s identity for no other reason than to set the record straight about Plame Wilson sending her husband, Joseph Wilson, to Niger to investigate claims that Iraq had tried to purchase uranium from that country (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). Armitage and Libby were concerned, Scarborough writes, that Wilson went to Niger at the behest of Vice President Dick Cheney (see (February 13, 2002)), when in actuality, Scarborough states, Wilson went to Niger, and subsequently printed an influential op-ed in the New York Times (see July 6, 2003), “to chastise the president for citing a British intelligence report in his January 2003 State of the Union address about a possible Niger-Iraq connection” (see Mid-January 2003 and 9:01 pm January 28, 2003). Scarborough claims falsely that neither the White House nor CIA Director George Tenet knew of Wilson’s trip to Niger (see March 8, 2002); he cites false information promulgated by Republican members of the Senate Intelligence Committee in that body’s report on prewar intelligence and Iraqi WMD (see July 9, 2004), and contradictory statements by conservative columnist Robert Novak (see July 14, 2003, July 21, 2003, September 29, 2003, October 1, 2003, December 14, 2005, July 12, 2006, and July 12, 2006), who outed Plame Wilson in his column (see July 14, 2003). Like many of his colleagues, Scarborough blames Wilson for the exposure of his wife’s CIA identity. [Washington Times, 9/5/2006; Libby Legal Defense Trust, 9/5/2006]

Entity Tags: Robert Novak, Joseph C. Wilson, George J. Tenet, Bush administration (43), Lewis (“Scooter”) Libby, Richard Armitage, Libby Legal Defense Fund, Senate Intelligence Committee, Patrick J. Fitzgerald, Rowan Scarborough, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Former Deputy Secretary of State Richard Armitage admits telling Washington Post reporter Bob Woodward (see June 13, 2003) and columnist Robert Novak (see July 8, 2003) that Valerie Plame Wilson was a CIA official, and says it was a “terrible” mistake to have done so. “Oh, I feel terrible,” he says. “Every day, I think I let down the president. I let down the secretary of state. I let down my department, my family, and I also let down Mr. and Mrs. Wilson.… I value my ability to keep state secrets. This was bad, and I really felt badly about this.” Asked if he owes the Wilsons an apology, Armitage says, “I think I’ve just done it.” He explains his conversation with Novak: “At the end of a wide-ranging interview he asked me, ‘Why did the CIA send Ambassador Wilson [Joseph Wilson, Plame Wilson’s husband] to Africa?’ I said I didn’t know, but that she worked out at the agency.” Armitage calls it “just an offhand question,” and adds, “I didn’t put any big import on it and I just answered and it was the last question we had.” He claims that the State Department intelligence memo that listed Plame Wilson as a CIA agent was only partially classified, and excuses his revelation by saying, “I had never seen a covered agent’s name in any memo in, I think, 28 years of government,” so he had no idea that Plame Wilson was a covert agent. He believes he referred to her as either “Mrs. Wilson” or “Wilson’s wife,” and adds: “I didn’t know the woman’s name was Plame. I didn’t know she was an operative.” Armitage claims he realized he was Novak’s source several months after Plame Wilson’s outing, and immediately informed the FBI (see October 1, 2003). He says he has not publicly discussed his role in the Plame Wilson affair until now because special prosecutor Patrick Fitzgerald asked him to remain silent: “[T]he special counsel, once he was appointed, asked me not to discuss this and I honored his request.” Fitzgerald has now released him from his pledge. Armitage has testified three times before Fitzgerald’s grand jury, the last time in December 2005, without being subpoenaed. “I was a cooperating witness from the beginning,” he says. [CBS News, 9/7/2006; New York Times, 9/8/2006]

Entity Tags: Patrick J. Fitzgerald, Bob Woodward, Joseph C. Wilson, Robert Novak, Richard Armitage, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Progressive columnist Joe Conason questions the ability of many mainstream reporters and government observers to understand the underlying reality behind the Plame Wilson identity leak. He writes that “[t]he latest developments in the case… proved once more that the simplest analysis of facts is beyond the grasp of many of America’s most celebrated journalists.” The recently published book Hubris, by Michael Isikoff and David Corn, reveals that the then-Deputy Secretary of State, Richard Armitage, was apparently the first White House official to reveal the CIA status of Valerie Plame Wilson to a reporter (see June 13, 2003 and July 8, 2003). Unlike two other White House leakers, Karl Rove (see July 8, 2003 and 11:00 a.m. July 11, 2003) and Lewis Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003), Armitage was not sold on the idea of the Iraq invasion. Because of these facts, Conason writes, many journalists and observers have decided that Rove and Libby are both “guiltless” of any criminal or underhanded conduct, “that there was no White House effort to expose Ms. Wilson, and that the entire leak investigation was a partisan witch hunt and perhaps an abuse of discretion by the special counsel, Patrick Fitzgerald (see February 6, 2007). The same pundits now proclaim that Mr. Armitage’s minor role somehow proves the White House didn’t seek to punish Valerie Wilson and her husband, former ambassador Joe Wilson, for his decision to publicly debunk the presidential misuse of dubious intelligence from Niger concerning Iraq’s alleged attempts to purchase yellowcake uranium.” Conason writes that to draw such conclusions is simple-minded. “It’s a simple concept—two people or more can commit a similar act for entirely different reasons—but evidently it has flummoxed the great minds of contemporary journalism.” Armitage let Plame Wilson’s identity slip in what was apparently a gossip session. Rove and Libby, on the other hand, “sought to undermine Joe Wilson’s credibility—and perhaps to victimize him and his wife—by planting information about Valerie Wilson with two reporters.” Fitzgerald understands the difference in motivation between Armitage and Rove/Libby, Conason writes, but many journalists seem not to understand that difference. “It is a simple matter,” Conason concludes, “and yet still too challenging for the national press to understand.” [New York Observer, 9/10/2006]

Entity Tags: Karl C. Rove, Joe Conason, Valerie Plame Wilson, Richard Armitage, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Victoria Toensing, a former Justice Department official under the Reagan administration, reiterates and expands on claims made by her fellow conservatives (see Late August-Early September, 2006, September 2-5, 2006, September 5, 2006, September 5, 2006, September 6, 2006, and September 7, 2006) that the admission by former Deputy Secretary of State Richard Armitage of his leaking of CIA official Valerie Plame Wilson’s identity to a reporter (see June 13, 2003 and July 8, 2003) exonerates accused perjurer Lewis Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). “Mr. Armitage is responsible for one of the most factually distorted investigations in history,” Toensing writes. Toensing again asserts, as she has in the past, that Plame Wilson was not a covert official (see November 2-9, 2005 and November 3, 2005), though Plame Wilson’s covert status has been affirmed many times (see Fall 1992 - 1996, Late 1990s-2001 and Possibly After, April 22, 1999, (July 11, 2003), Before July 14, 2003, July 22, 2003, July 30, 2003, September 30, 2003, October 11, 2003, October 22-24, 2003, January 9, 2006, February 13, 2006, and September 6, 2006). She also echoes previous claims that Plame Wilson’s husband, Joseph Wilson (see July 6, 2003), is responsible for exposing his wife’s covert identity. [Wall Street Journal, 9/15/2006]

Entity Tags: Joseph C. Wilson, Victoria Toensing, Richard Armitage, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

NBC Nightly News reports: “Investigators tell NBC News that the water used to make [the anthrax spores] came from a northeastern US, not a foreign, source. Traces of chemicals found inside the spores revealed the materials used to grow them. And scientists have also mapped the entire DNA chain of the anthrax hoping to narrow down the laboratories where it came from. But one possible clue evaporated. The FBI concluded the spores were not coated with any chemical to make them hang longer in the air.” [MSNBC, 10/5/2006] Later in the year, Rutgers University microbiologist Richard Ebright says, “This information [about the water], if correct, would appear to narrow the field” of laboratories that the anthrax used in the 2001 anthrax attacks (see October 5-November 21, 2001) could have come from. Ebright knows of only three labs in the Northeast US that had seed cultures of the Ames strain prior to the attacks:
bullet USAMRIID, the US Army’s top bioweapons lab in Frederick, Maryland.
bullet The University of Scranton, in Pennsylvania. A scientist there had been conducting bioweapons research of interest to the US military.
bullet Battelle Memorial Institute in Columbus, Ohio. Battelle does classified biological research for the US military. [Chemical and Engineering News, 12/4/2006]

Entity Tags: United States Army Medical Research Institute of Infectious Diseases, Battelle Memorial Institute, Richard Ebright

Timeline Tags: 2001 Anthrax Attacks

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Lewis Libby’s defense team files three motions with the US District Court in Washington, asking Judge Reggie Walton to preclude evidence pertaining to the following:
bullet that Libby improperly disclosed classified materials from the 2002 National Intelligence Estimate (NIE—see October 1, 2002) to reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003);
bullet reporters’ opposition to testifying on First Amendment grounds, and reporter Judith Miller’s incarceration (see September 30, 2005 and October 12, 2005); and
bullet outed CIA agent Valerie Plame Wilson’s employment status with the agency, and any actual or potential damage her exposure as a covert agent might have caused (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). [US District Court for the District of Columbia, 10/30/2006 pdf file; US District Court for the District of Columbia, 10/30/2006 pdf file; US District Court for the District of Columbia, 10/30/2006 pdf file]
Special counsel Patrick Fitzgerald files his own motion to preclude the defense from making much of the fact that other Bush administration officials also accused of leaking Plame Wilson’s identity to the press were not charged with crimes (see June 13, 2003, July 7, 2003, July 8, 2003, July 8, 2003, July 8 or 9, 2003, 11:00 a.m. July 11, 2003,8:00 a.m. July 11, 2003, 1:26 p.m. July 12, 2003, and July 15, 2005). “The fact that no other person was charged with a crime relating to the disclosure of classified information says absolutely nothing about whether defendant Libby is guilty of the charged crimes,” Fitzgerald writes. “It is improper for the jury to consider, or for counsel to suggest, that the decisions by the government not to charge additional crimes or defendants are grounds that could support an acquittal on the crimes charged in the indictment.” [US District Court for the District of Columbia, 10/30/2006 pdf file] Fitzgerald is referring to, among others, former Deputy Secretary of State Richard Armitage, who was recently identified as the first administration official to leak Plame Wilson’s identity to a reporter (see September 7, 2006). [MSNBC, 10/30/2006] Author and blogger Marcy Wheeler observes that, in her opinion, Libby is trying to keep the trial jury from deliberating on the administration’s “partial declassification” of the 2002 NIE, does not want jurors to know that reporter Judith Miller felt Libby did not want her to testify against him (see September 15, 2005 and August 2005), and wants to keep the jury unaware that Plame Wilson was a covert CIA agent. [Marcy Wheeler, 10/31/2006]

Entity Tags: Bush administration (43), Judith Miller, Lewis (“Scooter”) Libby, Marcy Wheeler, Richard Armitage, Reggie B. Walton, Patrick J. Fitzgerald, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

The Lewis Libby defense team argues in a court filing that there was no such thing as an orchestrated plot to expose Valerie Plame Wilson as a CIA official, and writes that Libby, a former White House official who told at least two reporters that Plame Wilson was a CIA official (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003), had no reason to lie during the investigation of the leak (see October 14, 2003, November 26, 2003, March 5, 2004, and March 24, 2004). Libby’s lawyers want to present a wide-ranging defense concerning Libby’s duties and actions at the White House, while special counsel Patrick Fitzgerald, the US Attorney prosecuting the case, wants to stay narrowly focused on evidence that Libby lied under oath to the FBI and to a grand jury. “It is doubtful that anyone committed an ‘underlying crime’ here,” Libby’s lawyers write. “The government’s investigation began as an effort to discover which government officials had ‘leaked’ Ms. Wilson’s affiliation with the CIA to Mr. Novak” (see July 14, 2003). The Libby lawyers base their argument on the fact that former State Department official Richard Armitage leaked Plame Wilson’s identity to a reporter before Libby did (see June 13, 2003). “Members of the jury will have heard for years that Mr. Libby leaked classified information about Valerie Wilson’s affiliation with the CIA, due to inaccurate reports in the press,” the defense attorneys write. “Indeed, the government has contributed to the likely misimpressions that potential jurors will have about this case.” In previous filings, Fitzgerald has argued that the upcoming trial should not be a forum to debate the leak itself or question why Libby was charged and others were not. [Associated Press, 11/14/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Both the prosecution and defense teams in the Lewis Libby trial file status reports with the court. Libby’s lawyers say that two reporters it intends to subpoena may resist testifying; the lawyers do not name the reporters. Special counsel Patrick Fitzgerald says that none of the prosecution’s witnesses, including White House officials, will claim privilege to avoid testifying. However, Fitzgerald writes: “The government is not aware of any government witness who is intending to assert a blanket privilege, and the government does not otherwise anticipate any of its witnesses moving to quash or limit trial subpoenas. The government also does not intend to examine any witnesses on any topic for which we expect an assertion of privilege.” His statement acknowledges the possibility that government witnesses may assert privilege on specific topics of inquiry. Libby requests a tape of a conversation between former Deputy Secretary of State Richard Armitage and Washington Post reporter Bob Woodward, presumably a recording referring to Armitage’s revelation to Woodward that Valerie Plame Wilson was a CIA officer (see June 13, 2003). And Fitzgerald indicates he will drop his appeals of the court’s rulings on classified documents. [US District Court for the District of Columbia, 12/14/2006 pdf file; US District Court for the District of Columbia, 12/14/2006 pdf file]

Entity Tags: Richard Armitage, Patrick J. Fitzgerald, Bob Woodward, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

CIA officer Richard Blee, who headed Alec Station, the CIA’s bin Laden unit, at the time of the 9/11 attacks (see August 22-September 10, 2001), is considered for the position of chief of station in Baghdad, one of the CIA’s largest stations. [Harper's, 1/28/2007] However, he does not get the position. [Harper's, 2/9/2007] The reasons for him not getting the job are apparently that he is seen as a “bad fit,” and is closely associated with detainee abuse and renditions, in particular that of Ibn al-Shaykh al-Libi (see Shortly After December 19, 2001). In addition, he is said to have a poor relationship with the military, in particular the Special Operations community. An unnamed former official calls Blee a “smart guy,” but says, “He’s the last guy you want running a tense place like the station in Baghdad, because he creates a lot of tension himself.” [Harper's, 1/28/2007] Shortly before mid-May 2003, Blee had been loaned to the FBI, where he had a senior position, but his career history after that is unknown. [New York Times, 5/15/2003]

Entity Tags: Central Intelligence Agency, Federal Bureau of Investigation, Richard Blee

Timeline Tags: Complete 911 Timeline

Investigative reporter Robert Parry, writing for the progressive Web news outlet ConsortiumNews, notes that former Deputy Secretary of State Richard Armitage may be far more intimately involved with the 2003 White House attempt to besmirch the credibility of former ambassador Joseph Wilson than has been previously noted (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). Armitage was the first administration official to expose former CIA agent Valerie Plame Wilson’s CIA status to a reporter (see June 13, 2003), and later leaked it again (see July 8, 2003), that time to columnist Robert Novak, who exposed Plame Wilson in a July 2003 column (see July 14, 2003). Parry writes that conventional media wisdom paints Armitage as an outsider, not a member of the White House inner circle, and a skeptic about the Iraq war; therefore, the media argues, Armitage’s leaks of Plame Wilson’s identity were “inadvertent” and merely coincidental to the White House efforts to claim that former ambassador Joseph Wilson was sent to Africa (see February 21, 2002-March 4, 2002) for partisan reasons by his wife. Parry notes that, as recently as September 2006, the Washington Post joined with conservative supporters of the Bush administration to claim that the White House did not intentionally “orchestrate” the leak of Plame Wilson’s identity (see Late August-Early September, 2006), and that Armitage had no connection with whatever efforts went on inside the White House to leak her identity. However, Parry notes, the mainstream media has consistently ignored the deep connections between Armitage and White House political savant Karl Rove, who many believe did orchestrate the Plame Wilson leak. According to Parry, “a well-placed conservative source… [a]n early supporter of George W. Bush who knew both Armitage and Rove… told me that Armitage and Rove were much closer than many Washington insiders knew.” Armitage and Rove became friends during the first weeks of the Bush administration’s first term, and they cooperated with one another to pass backchannel information between the White House and State Department. The source tells Parry that it is plausible to surmise that Armitage leaked Plame Wilson’s identity to two separate reporters, not by accident, but in collusion with Rove’s strategy to besmirch Wilson by exposing his wife’s CIA identity. Novak printed his column outing Plame Wilson using two primary sources—Armitage and Rove (see July 8, 2003 and July 8 or 9, 2003). The source says that Novak’s initial claim of being given Plame Wilson’s identity (see July 21, 2003) suggests, in Parry’s words, “Armitage and Rove were collaborating on the anti-Wilson operation, not simply operating on parallel tracks without knowing what the other was doing.” The source finds the media’s assumption that Armitage “inadvertently” let Plame Wilson’s identity slip out, almost as gossip, amusing, and inaccurate. “Armitage isn’t a gossip, but he is a leaker,” the source says. “There’s a difference.” [Consortium News, 1/17/2007]

Entity Tags: Karl C. Rove, George W. Bush, Bush administration (43), Joseph C. Wilson, Lewis (“Scooter”) Libby, Richard Armitage, Robert Parry, Washington Post, US Department of State, Valerie Plame Wilson, Robert Novak

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Journalist Ken Silverstein writes a piece about a CIA officer who is being considered for the position of station chief in Baghdad (see January-February 2007). According to Silverstein, who uses the pseudonym “James,” the officer is “the son of a well-known and controversial figure who served at the agency during its early years.” Silverstein also mentions the officer’s time managing Alec Station, the CIA’s bin Laden unit, problems with his management style (see June 1999), his closeness to former CIA Counterterrorist Center chief Cofer Black (see 1998 and After), his work as station chief in Kabul after 9/11 (see December 9, 2001), and his involvement in the rendition of Ibn al-Shaykh al-Libi (see Shortly After December 19, 2001). [Harper's, 1/28/2007] The officer, Richard Blee, will finally “out” himself in a joint statement issued with former CIA Director George Tenet and Black in August 2011 (see August 3, 2011).

Entity Tags: Richard Blee, Ken Silverstein

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

On the Washington Post’s radio broadcast, Post columnist Richard Cohen falsely claims that former ambassador and war critic Joseph Wilson claimed in a 2003 op-ed (see July 6, 2003) that Vice President Dick Cheney sent him to Niger (see February 21, 2002-March 4, 2002). Wilson actually wrote that CIA officials sent him to Niger to investigate the possibility that Iraq had attempted to purchase uranium from that country, that “Cheney’s office had questions about” the charges (see (February 13, 2002)), and the CIA wanted to “provide a response to the vice president’s office” (see March 5, 2002). After citing this falsehood, Cohen calls the case against former White House official Lewis Libby, accused of committing perjury in his denials of involvement in the Valerie Plame Wilson CIA identity leak (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003), a “silly case.” All the White House was trying to do, Cohen states, was to “get their story out” after Wilson had “misrepresented the genesis of his trip to Africa” (see October 1, 2003). Cohen also repeats the frequently debunked notion that it was Wilson’s wife who sent him to Niger (see February 19, 2002, July 22, 2003, and October 17, 2003). Cohen says he “almost feel[s] sorry” for Cheney, who by having Plame Wilson outed was “just [Cheney] trying to get his story out in the conventional Washington way.” Cohen also repeats the falsehood that many people knew Plame Wilson was a CIA agent (see September 29, 2003 and September 30, 2003) and her covert status was “not a tightly held secret” (see Before July 14, 2003, July 14, 2003, July 21, 2003, September 27, 2003, October 3, 2003, October 22-24, 2003, and October 23-24, 2003). [Media Matters, 1/31/2007]

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Prosecutor Patrick Fitzgerald asks Judge Reggie Walton if he can introduce certain evidence during the Lewis Libby perjury and obstruction trial. Fitzgerald wants to introduce a letter former White House aide Libby wrote to reporter Judith Miller that gave her permission to reveal him as her source for Valerie Plame Wilson’s CIA identity (see September 15, 2005). With the jury out of the room, Fitzgerald says the note’s cryptic references to Colorado aspen trees being “bound at the roots” shows that Libby was trying to convey a message to Miller: a plea to lie to the grand jury and back up his version of events. Fitzgerald says the note demonstrates Libby’s “consciousness of guilt.” Walton notes that Miller’s 2005 testimony (see September 30, 2005 and October 12, 2005) did not help Libby, and contributed to the indictment against him (see October 28, 2005). Fitzgerald replies: “We don’t think that the letter worked. He told her what he wanted her to say.” Walton defers a decision on the Libby note. [New York Times, 1/31/2007]

Entity Tags: Valerie Plame Wilson, Judith Miller, Lewis (“Scooter”) Libby, Reggie B. Walton, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Author and media observer Eric Boehlert, writing for the progressive media watchdog organization Media Matters, criticizes the majority of mainstream news reporters and publications for failing to report aggressively and even accurately on the Plame Wilson leak investigation. Boehlert writes that special prosecutor Patrick Fitzgerald “has consistently shown more interest—and determination—in uncovering the facts of the Plame scandal than most Beltway journalists, including the often somnambulant DC newsroom of the New York Times. Indeed, for long stretches, the special counsel easily supplanted the timid DC press corps and become the fact-finder of record for the Plame story. It was Fitzgerald and his team of G-men—not journalists—who were running down leads, asking tough questions, and, in the end, helping inform the American people about possible criminal activity inside the White House.” While Fitzgerald had subpoena power, Boehlert admits, reporters often had inside information that they consistently failed to reveal, instead “dutifully keeping their heads down and doing their best to make sure the details never got out about the White House’s obsession with discrediting former Ambassador Joseph C. Wilson IV by outing his undercover CIA wife, Valerie Plame” Wilson. Boehlert writes that if not for Fitzgerald’s dogged investigation, the entire leak story would have “simply faded into oblivion like so many other disturbing suggestions of Bush administration misdeeds. And it would have faded away because lots of high-profile journalists at the New York Times, the Washington Post, Time, and NBC wanted it to.”
'Watergate in Reverse' - “In a sense, it was Watergate in reverse,” Boehlert writes. “Instead of digging for the truth, lots of journalists tried to bury it. The sad fact remains the press was deeply involved in the cover-up, as journalists reported White House denials regarding the Plame leak despite the fact scores of them received the leak and knew the White House was spreading rampant misinformation about an unfolding criminal case.”
Going Along to Avoid Angering White House - Boehlert believes that in the early days of the investigation, most Washington reporters agreed with President Bush, who said that it was unlikely the leaker’s identity would ever be unearthed (see October 7, 2003). Historically, leak investigations rarely produced the leaker. “So if the leakers weren’t going to be found out, what was the point of reporters going public with their information and angering a then-popular White House that had already established a habit for making life professionally unpleasant for reporters who pressed too hard?” Boehlert asks. Now, of course, the press is pursuing the Libby trial for all it’s worth.
Early Instances of Misleading - Boehlert notes a number of instances where media figures either deliberately concealed information they had about who leaked Plame Wilson’s name, or were transparently disingenuous about speculating on the leaker’s identity. ABC reported in July 2005 that “it’s been unknown who told reporters the identity of Valerie Plame” for two years, an assertion Boehlert calls “silly” (see October 3, 2003). The following Washington journalists all had inside information to one extent or another about the case long before the summer of 2005: Robert Novak (see July 8, 2003), Tim Russert (see August 7, 2004), Andrea Mitchell (see July 20, 2003 and July 21, 2003), David Gregory (see 8:00 a.m. July 11, 2003), Chris Matthews (see July 21, 2003), Matthew Cooper (see 11:00 a.m. July 11, 2003), Michael Duffy (see 11:00 a.m. July 11, 2003), John Dickerson (see February 7, 2006), Viveca Novak (see March 1, 2004), Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003), and Bob Woodward (see June 13, 2003). Had they come forward with the information they had, the identity of the various White House leakers would have been revealed much sooner. “[B]ut none of them did,” Boehlert writes. “Instead, at times there was an unspoken race away from the Bush scandal, a collective retreat that’s likely unprecedented in modern-day Beltway journalism.”
Cheerleading for Bush - Many journalists without inside information were openly cheering for the Bush administration and against the investigation, Boehlert contends. They included the New York Times’s Nicholas Kristof (see October 1, 2003 and October 25, 2005), Newsweek’s Evan Thomas (see October 1, 2003 and November 7, 2005), Washington Post columnist Richard Cohen (see October 13, 2005 and January 30, 2007), fellow Post columnist Michael Kinsley (see October 28, 2005 and January 31, 2007), Slate editor Jacob Weisberg (see October 18, 2005), and Post columnist David Broder (see July 10, 2005 and September 7, 2006). Author and liberal blogger Marcy Wheeler, in her book on the Plame affair entitled Anatomy of Deceit, wrote that in her view, the media was attempting to “mak[e] the case that the press should retain exclusive judgment on the behavior of politicians, with no role for the courts.”
Fighting to Stay Quiet during the Election Campaign - Many journalists tried, and succeeded, to keep the story quiet during the 2004 presidential election campaign. Matthew Cooper refused to testify before Fitzgerald’s grand jury until mid-2005, when he asked for and was granted a waiver from Karl Rove to reveal him as the source of his information that Plame Wilson was a CIA agent (see July 13, 2005). Boehlert notes that Cooper’s bosses at Time decided to fight the subpoena in part because they “were concerned about becoming part of such an explosive story in an election year” (see July 6, 2005).
Russert, NBC Withheld Information from Public - Russert also withheld information from Fitzgerald, and the American public, until well after the November 2004 election. Boehlert notes that Russert “enjoyed a very close working relationship with Libby’s boss, Cheney,” and “chose to remain silent regarding central facts.” Russert could have revealed that in the summer of 2004, he had told Fitzgerald of his conversation with Libby during the summer of 2003 (see August 7, 2004). Libby had perjured himself by telling Fitzgerald that Russert had told him of Plame Wilson’s CIA status, when in reality, the reverse was true (see March 24, 2004). Instead, Russert testified that he and Libby never discussed Plame Wilson’s identity during that conversation, or at any other time. But neither Russert nor his employer, NBC News, admitted that to the public, instead merely saying that Libby did not reveal Plame Wilson’s identity to Russert (see August 7, 2004). Boehlert writes, “But why, in the name of transparency, didn’t the network issue a statement that made clear Russert and Libby never even discussed Plame?”
Woodward's Involvement - Washington Post editor Bob Woodward, an icon of investigative reporting (see June 15, 1974), told various television audiences that Fitzgerald’s investigation was “disgraceful” and called Fitzgerald a “junkyard prosecutor” (see October 27, 2005), and said the leak had not harmed the CIA (see July 14, 2003, July 21, 2003, September 27, 2003, October 3, 2003, October 22-24, 2003, and October 23-24, 2003). Woodward predicted that when “all of the facts come out in this case, it’s going to be laughable because the consequences are not that great” (see July 7, 2005). While Woodward was disparaging the investigation (see July 11, 2005, July 17, 2005, and October 28, 2005), he was failing to reveal that he himself had been the recipient of a leak about Plame Wilson’s identity years before (see June 13, 2003, June 23, 2003, and June 27, 2003), which, Boehlert notes, “meant Woodward, the former sleuth, had been sitting been sitting on a sizeable scoop for more than two years.” Boehlert continues: “If at any point prior to the Libby indictments Woodward had come forward with his information, it would have been politically devastating for the White House. Instead, Woodward remained mum about the facts while publicly mocking Fitzgerald’s investigation.”
Conclusion - Boehlert concludes: “Regardless of the outcome from the Libby perjury case, the trial itself will be remembered for pulling back the curtain on the Bush White House as it frantically tried to cover up its intentional effort to mislead the nation to war. Sadly, the trial will also serve as a touchstone for how the Beltway press corps completely lost its way during the Bush years and became afraid of the facts—and the consequences of reporting them.” [Media Matters, 2/6/2007]

Entity Tags: David Gregory, David Broder, Richard Cohen, Richard (“Dick”) Cheney, Patrick J. Fitzgerald, Steve Soto, Tim Russert, Time magazine, Viveca Novak, Andrea Mitchell, Nicholas Kristof, Bob Woodward, Washington Post, Bush administration (43), New York Times, Robert Novak, Michael Kinsley, Chris Matthews, Jacob Weisberg, George W. Bush, Evan Thomas, Eric Boehlert, John Dickerson, Joseph C. Wilson, NBC News, Karl C. Rove, Marcy Wheeler, Matthew Cooper, Lewis (“Scooter”) Libby, Media Matters, Michael Duffy, Judith Miller

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Post reporter Bob Woodward testifies, questioned by defense lawyer William Jeffress. Judge Reggie Walton, members of the jury (whose faces are not depicted in the artist’s rendition), and members of the defense team look on.Post reporter Bob Woodward testifies, questioned by defense lawyer William Jeffress. Judge Reggie Walton, members of the jury (whose faces are not depicted in the artist’s rendition), and members of the defense team look on. [Source: Art Lien / Court Artist (.com)]The defense in the Lewis Libby trial presents as its second witness Washington Post reporter and managing editor Bob Woodward. Under questioning by attorney William Jeffress, Woodward testifies that he learned of Valerie Plame Wilson’s CIA status from former State Department official Richard Armitage (see June 13, 2003). After winning a ruling by Judge Reggie Walton over objections from the prosecution, the defense plays an audio tape of Woodward’s discussion with Armitage, where Armitage revealed Plame Wilson’s identity to him and told him, incorrectly, that Plame Wilson was an “analyst” for the agency (see Fall 1992 - 1996, Late 1990s-2001 and Possibly After, April 22, 1999, (July 11, 2003), Before July 14, 2003, July 22, 2003, July 30, 2003, September 30, 2003, October 11, 2003, October 22-24, 2003, January 9, 2006, February 13, 2006, September 6, 2006, and March 16, 2007). Woodward notes that the only reason he is testifying about his discussion with Armitage is because Armitage “requested” that he do so, and adds that Libby, too, has given him permission to discuss their conversations. He goes on to note that he did not write about Plame Wilson for the Post or for his book. Woodward adds that while he interviewed Libby many times for his book Plan of Attack, he believes Libby never discussed Plame Wilson with him (see June 23, 2003 and June 27, 2003). “There’s no doubt that Libby didn’t say anything,” Woodward says. [Associated Press, 2/12/2007; Associated Press, 2/12/2007; Marcy Wheeler, 2/12/2007; Marcy Wheeler, 2/12/2007; Washington Post, 2/13/2007; New York Times, 2/13/2007; MSNBC, 2/21/2007; Washington Post, 7/3/2007; BBC, 7/3/2007]

Entity Tags: Lewis (“Scooter”) Libby, Richard Armitage, Reggie B. Walton, William Jeffress, Bob Woodward, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Based on Monday’s parade of reporters testifying that they were not told of Valerie Plame Wilson’s CIA identity by former White House official Lewis Libby (see February 12, 2007, February 12, 2007, February 12, 2007, February 12, 2007, and February 12, 2007), National Review columnist Byron York asks the same question Libby’s lawyers are asking during the trial: if Libby leaked Plame Wilson’s identity to reporters Judith Miller and Matt Cooper (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003), why didn’t he leak it to the other reporters who testified? York writes: “Each was covering events in Washington during that intense period in mid-2003 when the Bush administration came under attack from former ambassador Joseph Wilson over its case for war in Iraq. Each interviewed Libby, then Vice President Dick Cheney’s chief of staff. And each heard nothing from Libby about Valerie Plame Wilson.… Did Cheney, who is portrayed in some scenarios as the mastermind of the leak, tell Libby to disclose Mrs. Wilson’s identity to Matt Cooper and not to Bob Woodward? To Judith Miller and not to Robert Novak?” These are the questions York says the defense hopes the jury will ask. York notes that Washington Post reporter Walter Pincus directly contradicted former White House press secretary Ari Fleischer’s claim that he did not tell Pincus of Plame Wilson’s identity, an exchange York says heavily damages Fleischer’s credibility. The defense contends that Libby may have learned of Plame Wilson’s CIA identity from other, unnamed reporters; Libby, the defense says, later “misremembered” his source as being NBC’s Tim Russert (see July 10 or 11, 2003 and February 7-8, 2007), who has contradicted Libby’s claim that he learned of Plame Wilson’s CIA identity from him. York says that the most telling moments came during the testimony of Post reporter Bob Woodward, who played an audiotape of his conversation with then-Deputy Secretary of State Richard Armitage, who told him of Plame Wilson’s identity well before Libby exposed the CIA official to the press (see June 13, 2003). Armitage’s statement that “everyone knows it” refers, York writes, to Joseph Wilson being the anonymous former ambassador criticizing the Bush administration in the press, but York notes that some in the jury might take the reference to mean that “everyone knows” of Plame Wilson’s CIA status. “In any event, none of it had anything to do with Libby, except that Libby was not the one leaking,” York concludes. [National Review, 2/13/2007]

Entity Tags: Lewis (“Scooter”) Libby, Bush administration (43), Bob Woodward, Ari Fleischer, Byron York, Judith Miller, Matthew Cooper, Richard Armitage, Valerie Plame Wilson, Robert Novak, Tim Russert, Richard (“Dick”) Cheney, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

Columnist Byron York, writing for the conservative publication National Review, explains to readers why neither former White House official Lewis Libby nor Vice President Dick Cheney testified during Libby’s trial on perjury and obstruction charges (see February 13-14, 2007). York says that once the decision was made for Libby not to testify, there was no reason for Cheney to testify. “The vice president would likely have testified about Libby’s state of mind in May, June, and July of 2003, when the Bush administration’s case for war in Iraq was under attack by former ambassador Joseph Wilson,” York writes. “The Libby defense has maintained that he, Libby, was tremendously busy at the time and might well have forgotten about the particulars of how he learned, and then forgot, about the identity of Valerie Plame Wilson. With Libby not testifying, it followed that Cheney wouldn’t either.” York then addresses the decision to keep Libby off the witness stand. For York, the question was not whether the jury needed to hear Libby talk about his role in exposing Valerie Plame Wilson as a CIA official, but whether the jury needed to hear it again, after listening to eight hours of Libby’s grand jury testimony (see February 5, 2007 and February 6, 2007). “[B]y the time Libby had to decide whether to testify,” York writes, “the jury had already heard a lot of Lewis Libby testifying.” It had also heard audio of special prosecutor Patrick Fitzgerald quizzing Libby. York writes: “Libby’s defenders are betting that jurors took from those recordings an impression not only of the defendant but of the prosecutor. And the impression that Libby’s supporters hope jurors will have is that of a prosecutor trying too hard to find a crime where there was none.” What jurors did not hear during those hours of audio evidence, York notes, was Fitzgerald asking Libby about former Deputy Secretary of State Richard Armitage’s leak of Plame Wilson’s CIA identity (see June 13, 2003). York concludes: “[T]he entirety of Fitzgerald’s grand jury questioning might leave jurors with a more nuanced impression: that of a prosecutor who had received faulty information, or incomplete information, from other witnesses and who looked to Libby—and not those who had omitted or failed to remember key acts during their testimony—as the suspected criminal. The grand jury tapes reveal a prosecutor who had had sand thrown in his eyes—to use Fitzgerald’s famous image—but it had not been thrown by Lewis Libby.” [National Review, 2/15/2007]

Entity Tags: Richard Armitage, Bush administration (43), Byron York, Richard (“Dick”) Cheney, Joseph C. Wilson, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Former George W. Bush speechwriter David Frum, now a fellow at the conservative American Enterprise Institute and a frequent guest on news talk shows, writes a brief and angry response to the news that Lewis Libby was convicted of four felony charges (see March 6, 2007). Frum writes, “The man who actually did the leaking continues to earn millions of dollars, go out to dinner, and be respectfully quoted by attentive journalists,” referring to former Deputy Secretary of State Richard Armitage (see June 13, 2003). “Scooter Libby is publicly branded an oath-breaker on the basis of diverging recollections. Yet it was the man who set this case in motion, former ambassador Joe Wilson, who was caught in lie after lie by the Senate Intelligence Committee.” Frum is referring to Republican addendums to the committee’s 2004 report on Iraqi WMD, many of which have been proven false (see July 9, 2004). Lashing out further, Frum writes: “Now we remember why Democrats are so much more eager than Republicans to criminalize politics: Because they know that the ultimate power over the lives and liberties of the contestants is held by juries drawn from the most Democratic jurisdiction in the country. Would Scooter have been convicted—would a prosecutor ever have dared to try him—if the capital of the United States were located in say Indianapolis?” Frum concludes with a demand for a presidential pardon, writing: “It all makes you think: President Bush should have pardoned everybody involved in this case on the day Patrick Fitzgerald sent Judith Miller to jail. But it’s not too late: Pardon Scooter now.” [National Review, 3/6/2007] The National Review editors issue a similar condemnation of the trial and a demand for a presidential pardon (see March 6, 2007).

Entity Tags: Lewis (“Scooter”) Libby, David Frum, George W. Bush, National Review, Joseph C. Wilson, Senate Intelligence Committee, Judith Miller

Timeline Tags: Niger Uranium and Plame Outing

The New York Times editorial board publishes an op-ed about the conviction of former White House official Lewis Libby (see March 6, 2007). The Times writes that Libby, at one time one of the most senior officials in the White House, “was caught lying to the FBI. He appears to have been trying to cover up a smear campaign that was orchestrated by his boss against the first person to unmask one of the many untruths that President Bush used to justify invading Iraq. He was charged with those crimes, defended by the best lawyers he could get, tried in an open courtroom, and convicted of serious felonies.” The Times says the verdict is a “reminder of how precious the American judicial system is, at a time when it is under serious attack from the same administration Mr. Libby served. That administration is systematically denying the right of counsel, the right to evidence, and even the right to be tried to scores of prisoners who may have committed no crimes at all.” The Times also notes that the trial gave an important glimpse into “the methodical way that [Vice President Dick] Cheney, Mr. Libby, [White House political strategist] Karl Rove, and others in the Bush inner circle set out to discredit Ms. Wilson’s husband, Joseph Wilson IV. Mr. Wilson, a career diplomat, [who] was sent by the State Department in 2002 [later corrected by the Times to acknowledge that the CIA sent Wilson] to check out a British intelligence report that Iraq had tried to buy uranium from the government of Niger for a secret nuclear weapons program.” Wilson’s exposure of the Bush administration’s false claims that Iraq had tried to buy Nigerien uranium (see Mid-January 2003 and 9:01 pm January 28, 2003) led to a Cheney-led “smear campaign” against Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006) which led to the exposure of his wife, Valerie Plame Wilson, as a covert CIA official (see June 13, 2003, June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, and July 12, 2003). The Times writes: “That is what we know from the Libby trial, and it is some of the clearest evidence yet that this administration did not get duped by faulty intelligence; at the very least, it cherry-picked and hyped intelligence to justify the war.… What we still do not know is whether a government official used Ms. Wilson’s name despite knowing that she worked undercover. That is a serious offense, which could have put her and all those who had worked with her in danger.” While the Times decries special counsel Patrick Fitzgerald jailing a former Times reporter, Judith Miller, for refusing to reveal Libby as her confidential source (see July 6, 2005), “it was still a breath of fresh air to see someone in this administration, which specializes in secrecy, prevarication, and evading blame, finally called to account.” [New York Times, 3/7/2007]

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

Timeline Tags: Niger Uranium and Plame Outing

Senator Charles Grassley (R-IA) tells 60 Minutes that he has looked into the investigation of the 2001 anthrax attacks (see October 5-November 21, 2001), and has concluded that there was leaking by top government officials—not to shut down the sole publicly named suspect, Steven Hatfill, but to disguise a lack of progress in the investigation. Asked if he has any evidence that government officials knowingly planted false information in the press, Grassley replies, “I believe the extent to which they wanted the public to believe that they were making great progress in this case, and the enormous pressure they had after a few years to show that, yes, that they was very much misleading the public.” He adds that the leaking hurt the investigation: “Because it gave people an indication of where the FBI was headed for. And if you knew what that road map was, that if you were a guilty person you would be able to take action to avoid FBI.” [CBS News, 3/11/2007]

Entity Tags: Charles Grassley, Steven Hatfill, Federal Bureau of Investigation

Timeline Tags: Domestic Propaganda, 2001 Anthrax Attacks

Bush officials are battling a lawsuit filed against them by former CIA official Valerie Plame Wilson, according to a report by the Associated Press. Plame Wilson is suing (see July 13, 2006) four Bush administration officials—Vice President Dick Cheney (see July 7-8, 2003), White House political strategist Karl Rove (see July 8, 2003 and 11:00 a.m. July 11, 2003), convicted perjurer Lewis Libby (see March 6, 2007), and former Deputy Secretary of State Richard Armitage (see June 13, 2003)—for deliberately disclosing her identity as a CIA official to the public for political gain. Cheney’s lawyer calls the lawsuit “a fishing expedition” and accuses Plame Wilson of making “fanciful claims.” Plame Wilson says her constitutional rights were violated by the defendants. Armitage’s lawyer says the suit is “principally based on a desire for publicity and book deals.” Plame Wilson’s lawyer counters by saying the case is “about egregious conduct by defendants that ruined a woman’s career.” Rove’s lawyer, Robert Luskin, arguing on behalf of all four defendants, says that none of the officials deliberately disclosed classified information, specifically the information of Plame Wilson’s covert status in the CIA. The defendants’ lawyers claim that they should not be sued personally for actions taken as part of their official duties. And a Justice Department lawyer claims that Cheney should have much the same legal immunity as President Bush. [Associated Press, 5/17/2007] The lawsuit will soon be dismissed (see July 19, 2007).

Entity Tags: Richard (“Dick”) Cheney, Bush administration (43), Lewis (“Scooter”) Libby, Robert Luskin, US Department of Justice, Richard Armitage, Valerie Plame Wilson, Karl C. Rove

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

For about a year until his death in July 2008 (see July 29, 2008), anthrax attacks suspect Bruce Ivins is openly followed by FBI agents in surveillance vehicles. When this begins exactly is not known, but his house is searched by the FBI on November 1, 2007 (see November 1, 2007), so presumably he is followed at least after that date. [New York Times, 8/4/2008] This tactic used on Ivins had already been controversially used on the previous primary anthrax attacks suspect, Steven Hatfill, in 2002 and 2003. One of the heads of the FBI’s anthrax investigation, Robert Roth, later admitted in court that this tactic of openly following Hatfill was against FBI guidelines. “Generally, it’s supposed to be covert,” Roth said. [Associated Press, 8/5/2008]

Entity Tags: Federal Bureau of Investigation, Bruce Ivins, Robert Roth

Timeline Tags: 2001 Anthrax Attacks

The house of Bruce Ivins.The house of Bruce Ivins. [Source: Rob Carr / Associated Press]The FBI suspects that Bruce Ivins, a scientist working at USAMRIID, the US Army’s top biological laboratory, was behind the 2001 anthrax attacks (see October 5-November 21, 2001). His home is searched by the FBI, but no report of this makes the newspapers. On the same day, USAMRIID cuts off his access to the laboratories where biological agents and toxins are used and stored. However, he continues to work at USAMRIID without such access until July 2008, when he will be completely banned from the lab (see July 10, 2008). [Herald-Mail, 8/8/2008] According to McClatchy Newspapers, his lab access is apparently reinstated some time after this date. [McClatchy Newspapers, 8/7/2008]

Entity Tags: Federal Bureau of Investigation, Bruce Ivins, United States Army Medical Research Institute of Infectious Diseases

Timeline Tags: 2001 Anthrax Attacks

In December 2007, scientist Bruce Ivins is privately told by the FBI that he could be a suspect in the 2001 anthrax attacks (see October 5-November 21, 2001). This is according to Ivins’s attorney Paul Kemp, who also says that he and Ivins have a meeting with the FBI that same month in response. Ivins’s house had been searched by the FBI the month before, which presumably made the FBI’s interest in Ivins obvious (see November 1, 2007). Kemp will later claim that he and Ivins will meet with the FBI about four or five times between this time and Ivins’s death in July 2008 (see July 29, 2008). Additionally, Kemp will claim that Ivins had been interviewed by the FBI about 20 to 25 times before he was told he could be a suspect, yet Ivins regularly had his security clearances renewed. [Time, 8/5/2008]

Entity Tags: Paul Kemp, Bruce Ivins, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks

A poster promoting ‘Hillary: The Movie.’A poster promoting ‘Hillary: The Movie.’ [Source: New York Times]The conservative lobbying group Citizens United (CU—see May 1998 and (May 11, 2004)) releases a film entitled Hillary: The Movie. The film is a lengthy diatribe attacking the character and career of Senator Hillary Clinton (D-NY), a leading candidate for the Democratic presidential nomination. Large portions of the film are comprised of conservative critics launching attacks against the personalities and character of Clinton and her husband, former President Clinton. CU president David Bossie (see May 1998) says he based his film on a documentary, Fahrenheit 9/11, released in 2004 by liberal filmmaker Michael Moore (see August 6, 2004), and calls it “a rigorously researched critical biography” comparable to the material presented on political talk shows such as Meet the Press. [Washington Post, 3/15/2009; Moneyocracy, 2/2012] Bossie intended for the film to be released in late 2007 and impact the 2008 race in the same way that he believes Fahrenheit 9/11 impacted the 2004 race. A cable company made the film, at a cost of $1.2 million, available for free to viewers on “video on demand.” Bossie also scheduled a small theater run for the film, but his primary focus was always cable television and the accompanying television advertisements. Knowing the film will probably run afoul of campaign law, he hired lawyers, first James Bopp Jr. (a former member of the far-right Young Americans for Freedom—YAF—and the former general counsel for the National Right to Life Committee—see November 1980 and After) [New Yorker, 5/21/2012] and later Theodore B. Olson, the former solicitor general under the Bush administration. Olson will later say the film is “a critical biographical assessment” that provides “historical information about the candidate and, perhaps, some measure of entertainment as well.” The New York Times calls it “a scathingly hostile look at Mrs. Clinton” replete with “ripe voice-overs, shadowy re-enactments, and spooky mood music.” The film also contains interviews and material from mainstream media reporters, and interviews with figures such as former CIA agent Gary Aldrich, who wrote a “tell-all” book about the Clinton administration, and with Kathleen Willey, who has claimed that Bill Clinton once made an unwelcome sexual advance towards her. Reviewer Megan Carpentier of Radar Online will trounce the movie, saying that it “scrolls through more than a decade of press clippings and a treasure trove of unflattering pictures in its one-sided romp” and will advise potential viewers to watch it “while inebriated in the manner of your choosing, and only if you don’t pay $10 for the privilege.” [New York Times, 3/5/2009] Bossie claims the movie has nothing to do with the impending primary elections. CU intends to show the movie in a small number of theaters but primarily on “video on demand” cable broadcasts, with accompanying television advertisements. In return for a $1.2 million fee, a cable television consortium has agreed to make the movie freely available to its customers as part of what CU calls its “Election ‘08” series. (CU has another negative documentary on Clinton’s Democratic challenger Barack Obama in the works—see October 28-30, 2008—but apparently has no plans to air any documentaries on Republican candidate John McCain or any other Republican presidential candidates.) However, the Federal Election Commission (FEC) refuses to allow the film to be aired on cable channels, or advertised for theater release, because the FEC considers the film “electioneering” and thus subject to campaign finance law (see March 27, 2002) restrictions. Moreover, the film and its planned distribution are funded by corporate donations. [United States District Court for the District Of Columbia, 1/15/2008; Richard Hasen, 1/15/2008; New Yorker, 5/21/2012] Bossie claims the film takes no position on Clinton’s candidacy, and says that if he had to vote between Hillary Clinton and Barack Obama, he would vote for Clinton. [New York Times, 3/5/2009]
Court Fight - Bopp, CU’s original lawyer, decides to pursue the same general aggressive course that he took in a recent successful Supreme Court campaign finance case, the Wisconsin Right to Life (WRTL) decision (see Mid-2004 and After). The Hillary film was envisioned from the outset to serve multiple purposes: to advance conservative ideology, damage Clinton’s presidential chances (despite Bossie’s claims), and generate profits. Bopp knows that the FEC would likely classify the film as a political advertisement and not a work of journalism or entertainment (see August 6, 2004), and therefore would fall under campaign law restrictions. Before the film is officially released, Bopp takes the film to the FEC for a ruling, and when the FEC, as expected, rules the film to be “electioneering communication” that comes under campaign law restrictions, Bopp files a lawsuit with the Washington, DC, federal district court. The court rules in favor of the FEC judgment, denying CU its request for a preliminary injunction against the FEC’s ruling. The court specifically finds that the WRTL decision does not apply in this case. “[I]f the speech cannot be interpreted as anything other than an appeal to vote for or against a candidate, it will not be considered genuine issue speech even if it does not expressly advocate the candidate’s election or defeat,” the court states. The court also questions CU’s statement that the film “does not focus on legislative issues.… The movie references the election and Senator Clinton’s candidacy, and it takes a position on her character, qualifications, and fitness for office.” Film commentator Dick Morris has said of the film that it will “give people the flavor and an understanding of why she should not be president.” The court rules, “The movie is susceptible of no other interpretation than to inform the electorate that Senator Clinton is unfit for office, that the United States would be a dangerous place in a President Hillary Clinton world, and that viewers should vote against her.” (During arguments, Bopp says that the film is much like what a viewer would see on CBS’s evening news show 60 Minutes, and Judge Royce Lamberth laughs aloud, saying: “You can’t compare this to 60 Minutes. Did you read this transcript?” Other judges find it problematic that one of the film’s central “issues” is its assertion that Clinton is, in Bopp’s words, “a European socialist,” but still claims not to be overtly partisan.) [Mother Jones, 1/13/2008; United States District Court for the District Of Columbia, 1/15/2008; Richard Hasen, 1/15/2008; New Yorker, 5/21/2012]
Supreme Court Appeal - CU appeals the court’s decision directly to the Supreme Court. Bossie soon decides to replace Bopp with Olson, a far more prominent figure in conservative legal circles. Toobin will write: “Ted Olson had argued and won Bush v. Gore (see 9:54 p.m. December 12, 2000), and was rewarded by President Bush with an appointment as solicitor general. Olson had argued before the Supreme Court dozens of times, and he had a great deal of credibility with the justices. He knew how to win.” [Richard Hasen, 1/15/2008; New Yorker, 5/21/2012]
Previous Attempt - In September 2004, Bossie and CU attempted, without success, to release a similar “documentary” supporting President Bush and attacking Democratic presidential candidate John Kerry (D-MA) on television, just weeks before the presidential election. The FEC turned down the group’s request. The FEC did allow the film to be shown in theaters (see September 8, 2004 and September 27-30, 2004).
'Ten-Year Plan' - Bopp will later reveal that the lawsuit is part of what he will call a “10-year plan” to push the boundaries of campaign finance law, and that he urged Bossie and other CU officials to use the documentary as a “test case” for overturning the body of law (see January 25, 2010).

Entity Tags: William Jefferson (“Bill”) Clinton, Kathleen Willey, Megan Carpentier, Theodore (“Ted”) Olson, New York Times, Michael Moore, John McCain, Royce Lamberth, James Bopp, Jr, Dick Morris, Gary Aldrich, Barack Obama, Bush administration (43), Hillary Clinton, Citizens United, David Bossie, Federal Election Commission, Clinton administration

Timeline Tags: Civil Liberties, 2008 Elections

A judge says that the FBI has no evidence against Steven Hatfill, who has been the only publicly named suspect so far in the 2001 anthrax attacks (see October 5-November 21, 2001). Reggie Walton, the federal judge presiding over a lawsuit brought by Hatfill against the Justice Department and the FBI for damaging his reputation, says in court, “There is not a scintilla of evidence that would indicate that Dr. Hatfill had anything to do with [the anthrax attacks].” Walton has reviewed four still secret FBI memos about the status of the anthrax investigation. [Los Angeles Times, 6/28/2008] Later in the year, Hatfill will settle with the government and will be awarded $6 million (see June 27, 2008).

Entity Tags: Reggie B. Walton, Steven Hatfill, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks

Fox News reports that the FBI has narrowed its focus to “about four” suspects in its investigation of the 2001 anthrax attacks (see October 5-November 21, 2001). At least three of them are said to be scientists linked to USAMRIID, the US Army’s bioweapons lab at Fort Detrick, Maryland. One is said to be a former deputy commander, another is a leading anthrax scientist, and another is a microbiologist. None of them are said to be Steven Hatfill, a scientist who once worked at USAMRIID and was previously suspected. Fox News reports that the attacks came from a USAMRIID scientist or scientists, and, “A law enforcement source said the FBI is essentially engaged in a process of elimination.” Fox News also claims to have obtained an e-mail of USAMRIID scientists discussing how the anthrax powder they had been asked to analyze after the attacks was nearly identical to that made by one of their colleagues. The undated e-mail reads: “Then he said he had to look at a lot of samples that the FBI had prepared… to duplicate the letter material. Then the bombshell. He said that the best duplication of the material was the stuff made by [name redacted]. He said that it was almost exactly the same… his knees got shaky and he sputtered, ‘But I told the general we didn’t make spore powder!’” [Fox News, 3/28/2008] In August 2008, one of the authors of the Fox News story will say that one of the four suspects was Bruce Ivins, and the e-mail was from 2005 and forwarded by Ivins, but not written by him. [Fox News, 8/4/2008]

Entity Tags: Bruce Ivins, Steven Hatfill

Timeline Tags: 2001 Anthrax Attacks

Steven Hatfill in 2008.Steven Hatfill in 2008. [Source: Mark Wilson / Getty Images]Steven Hatfill, who was called a “person of interest” in the FBI’s investigation into the 2001 anthrax attacks (see October 5-November 21, 2001), agrees to a $5.82 million payment from the government to settle his legal claim that the Justice Department and the FBI ruined his career and invaded his privacy. Hatfill was the main focus of the anthrax investigation for several years, but was never arrested or charged. A federal judge presiding over his lawsuit recently said there “is not a scintilla of evidence” linking him to the attacks. The government does not formally admit any wrongdoing as part of the settlement, but the payout is widely viewed as an exoneration for Hatfill. For instance, the Los Angeles Times calls Hatfill “all but exonerated.” No witnesses or physical evidence were ever produced to link Hatfill to the attacks. Representative Rush Holt (D-NJ) says the government’s payout to Hatfill confirms that the anthrax investigation “was botched from the very beginning.… The FBI did a poor job of collecting evidence, and then inappropriately focused on one individual as a suspect for too long, developing an erroneous ‘theory of the case’ that has led to this very expensive dead end.” [Los Angeles Times, 6/28/2008; Los Angeles Times, 6/29/2008]

Entity Tags: Federal Bureau of Investigation, Steven Hatfill, US Department of Justice, Rush Holt

Timeline Tags: 2001 Anthrax Attacks

Police at Frederick City, Maryland, enter Fort Detrick to execute an Emergency Medical Evaluation Petition. The petition is for Bruce Ivins, a scientist working at USAMRIID, the US Army’s top biological laboratory, located inside Fort Detrick. The police are escorted to Ivins and take him out of the military base. He is informed that he will not be allowed back into the laboratory or the base again. Ivins is placed in a local hospital the same day. [Herald-Mail, 8/8/2008] Apparently he is hospitalized because he had been acting strangely in recent weeks and associates concluded he could be a danger to himself and others. Jean Duley, a social worker who had treated him in group therapy, sought a restraining order against him the day before (see July 9, 2008). She claims he had been making threats, but she does not claim he confessed to any role in the anthrax attacks. He remains hospitalized until July 23. [New York Times, 8/4/2008]

Entity Tags: Jean Duley, Bruce Ivins, United States Army Medical Research Institute of Infectious Diseases

Timeline Tags: 2001 Anthrax Attacks

FBI agents search anthrax attacks suspect Bruce Ivins’s house, office, and cars for a second time. The first search was in November 2007 (see November 1, 2007). This search comes two days after Ivins was removed from his workplace by police and put in a hospital (see July 10, 2008). The FBI will later claim they seize a bulletproof vest, ammunition, and homemade body armor. [Bloomberg, 8/7/2008]

Entity Tags: Federal Bureau of Investigation, Bruce Ivins

Timeline Tags: 2001 Anthrax Attacks

In an interview with CNN, FBI Director Robert Mueller gives an upbeat assessment of the FBI’s investigation into the 2001 anthrax attacks (see October 5-November 21, 2001), despite the exoneration of Steven Hatfill, the only publicly named suspect, the month before (see June 27, 2008). Mueller says: “I’m confident in the course of the investigation.… And I’m confident that it will be resolved.… I tell you, we’ve made great progress in the investigation. It’s in no way dormant. It’s active.… In some sense there have been breakthroughs, yes.” [CNN, 7/24/2008] Just days after these comments, Bruce Ivins, the FBI’s top unpublicized suspect at the time, will die of an apparent suicide (see July 29, 2008).

Entity Tags: Robert S. Mueller III, Steven Hatfill, Bruce Ivins

Timeline Tags: 2001 Anthrax Attacks

Bruce Ivins in 2003. Bruce Ivins in 2003. [Source: Agence France-Presse / Getty Images]US government microbiologist Bruce Ivins dies of an apparent suicide. The Los Angeles Times is the first media outlet to report on his death three days later. The Times claims that Ivins died “just as the Justice Department was about to file criminal charges against him” for the 2001 anthrax attacks (see October 5-November 21, 2001). For the last 18 years, Ivins had worked at the United States Army Medical Research Institute of Infectious Diseases (USAMRIID), the US government’s top biological research laboratory at Fort Detrick, Maryland. His name had not been made public as a suspect in the case prior to his death. He dies at Frederick Memorial Hospital after ingesting a massive dose of prescription Tylenol mixed with codeine. Apparently there is no suicide note or any other known final message from Ivins. [Los Angeles Times, 8/1/2008] According to the Washington Post, Ivins had ingested the pills two or three days before he actually died. He was admitted to Frederick Memorial Hospital two days before his death. Investigators had scheduled a meeting with Ivins’s attorneys to discuss the evidence against him. However, Ivins dies two hours before the meeting is to take place (see July 29, 2008). [Washington Post, 8/2/2008] Apparently, no autopsy is performed on Ivins’s body. A Frederick Police Department lieutenant says that based on laboratory test results of blood taken from the body, the state medical examiner “determined that an autopsy wouldn’t be necessary” to confirm he died of a suicide. [Bloomberg, 8/1/2008]

Entity Tags: Bruce Ivins, US Department of Justice, United States Army Medical Research Institute of Infectious Diseases

Timeline Tags: 2001 Anthrax Attacks

On July 29, 2008, when anthrax attacks suspect Bruce Ivins commits suicide (see July 29, 2008), the FBI still has not completed its case against him. Several days later, the New York Times reports that a grand jury in Washington had been planning to hear several more weeks of testimony before deciding to issue an indictment or not. Additionally, just days before his death, FBI agents seize two public computers from the downtown public library in Frederick, the Maryland town where Ivins lives. The Times will call this “an indication that investigators were still trying to strengthen their case…” [New York Times, 8/4/2008]

Entity Tags: Bruce Ivins, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks

Melanie Ulrich.Melanie Ulrich. [Source: Andrew Schotz]On August 1, 2008, it is first reported that Bruce Ivins, a scientist at USAMRIID, the US Army’s top bioweapons laboratory at Fort Detrick, Maryland, apparently killed himself after the FBI made him their chief suspect in the 2001 anthrax attacks (see October 5-November 21, 2001). But many of Ivins’s colleagues at USAMRIID doubt that he was the killer.
bullet On August 1, one unnamed colleague says, “They took an innocent man, a distinguished scientist, and smeared his reputation, dishonored him, questioned his children and drove him to take his life.… He just didn’t have the swagger, the ego to pull off that kind of thing, and he didn’t have the lab skills to make the fine powder anthrax that was used in the letters.” [ABC News, 8/1/2008]
bullet On August 2, an unnamed USAMRIID employee says, “Almost everybody… believes that he had absolutely nothing to do with [the anthrax attacks].” [Washington Post, 8/2/2008]
bullet Former colleague Norm Covert says, “We’re looking at a man with a distinguished 30-something-year career, unparalleled and known around the world.… His career and his reputation are trashed and the FBI still hasn’t said what they have on him.” [CNN, 8/2/2008]
bullet Also on August 2, Dr. Kenneth Hedlund, the former chief of bacteriology as USAMRIID, says, “He did not seem to have any particular grudges or idiosyncrasies.… He was the last person you would have suspected to be involved in something like this.” [New York Times, 8/2/2008] Three days later, Hedlund adds, “I think he’s a convenient fall guy. They can say, ‘OK, we found him, case closed, we’re going home. The FBI apparently applied a lot of pressure to all the investigators there, and they found the weakest link.” He also says that Ivins was a bacteriologist and lacked the expertise to convert the anthrax into the deadly form used in the 2001 attacks.
bullet Former colleague Dr. W. Russell Byrne says he believe Ivins was singled out partly because of Ivins’s personal weaknesses. “If they had real evidence on him, why did they not just arrest him?” [Baltimore Sun, 8/5/2008]
bullet On August 4, David Franz, head of USAMRIID in the late 1990s, says, “The scientific community seems to be concerned that the FBI is going to blow smoke at us.” [Los Angeles Times, 8/4/2008]
bullet On August 6, more than 200 of his USAMRIID colleagues attend a memorial for him. Col. John Skvorak, commander of USAMRIID, praises Ivins’s “openness, his candor, his humor and his honesty.” [Wall Street Journal, 8/7/2008]
bullet On August 8, former colleague Gerry Andrews says, “Nothing is unimaginable. But I would definitely say it is doubtful” that Ivins was behind the anthrax attacks. [New York Times, 8/8/2008]
bullet Also on August 8, Melanie Ulrich, a USAMRIID scientist until 2007, says the FBI’s case against Ivins does not add up and their description of him does not match the person she worked with for six years. For instance, she said that shortly after 9/11, an intensive, all-encompassing psychological review was conducted of all USAMRIID employees with access to dangerous biological agents, and it does not make sense that some as supposedly as unstable as Ivins could have remained employed for years of such scrutiny. The FBI claims that an anthrax flask in Ivins’s custody was the “parent” of a certain anthrax strain, but Ulrich says different anthrax samples were genetically identical so any one sample can not be more of a “parent” than any other. The FBI suggests Ivins used a lyophilizer to make powdered anthrax, but Ulrich says Ivins signed out a SpeedVac, but not a lyophilizer, which is too large to fit in the secure protective area Ivins used at the time. Furthermore, a SpeedVac operates slowly and it would have been impossible for Ivins to use it to dry the amount of anthrax used in the letters in the time frame the FBI says he did. [Herald-Mail, 8/8/2008]
bullet On August 9, after the FBI has laid out its evidence against Ivins, Jeffrey Adamovicz, one of Ivins’s supervisors in USAMRIID’s bacteriology division, says, “I’d say the vast majority of people [at Fort Detrick] think he had nothing to do with it.” [Newsweek, 8/9/2008] He also says that the anthrax sent to Sen. Tom Daschle (D-SD) was “so concentrated and so consistent and so clean that I would assert that Bruce could not have done that part.” [McClatchy Newspapers, 8/7/2008]
bullet Former colleague Luann Battersby says Ivins was weird, but “not any weirder than a typical scientist.… He was not the weirdest by far I worked with down there.” She says that he was not a “strong person.… I would say he was milquetoast.… The fact that he was a terrorist doesn’t really square with my opinion with who he was.… I’m amazed at all this. I assume there’s evidence and that it’s true, but I certainly never would have suspected him.” She says she is unsure if he had the technical skills to commit the crime. [Evening Sun, 8/10/2008]

Entity Tags: Bruce Ivins, David Franz, Gerry Andrews, Luann Battersby, John Skvorak, Jeffrey Adamovicz, Melanie Ulrich, Kenneth Hedlund, Norm Covert, W. Russell Byrne

Timeline Tags: 2001 Anthrax Attacks

Experts disagree if recently deceased anthrax attacks suspect Bruce Ivins had the skills needed to make the anthrax used in the attacks.
Bioweapons Expert - “One bioweapons expert familiar with the FBI investigation” says Ivins did have this skills. This expert points out that Ivins worked with anthrax at USAMRIID, the US Army’s top bioweapons laboratory, and regularly made sophisticated preparations of anthrax bacteria spores for use in animal tests. “You could make it in a week,” the expert says. “And you could leave USAMRIID with nothing more than a couple of vials. Bear in mind, they weren’t exactly doing body searches of scientists back then.”
Former Weapons Inspector - But others disagree. Richard Spertzel, a former UN weapons inspector who worked with Ivins at USAMRIID, says: “USAMRIID doesn’t deal with powdered anthrax.… I don’t think there’s anyone there who would have the foggiest idea how to do it. You would need to have the opportunity, the capability and the motivation, and he didn’t possess any of those.”
Unnamed Former Colleague - An unnamed scientist who worked with Ivins says it was technically possible to make powdered anthrax at USAMRIID, but, “As well as we knew each other, and the way the labs were run, someone would discover what was going on, especially since dry spores were not something that we prepared or worked with.” [Washington Post, 8/3/2008]
Former Supervisor - Jeffrey Adamovicz, who had been Ivins’s supervisor in recent years, says that the anthrax sent to Sen. Tom Daschle (D-SD) was “so concentrated and so consistent and so clean that I would assert that [Ivins] could not have done that part.” [McClatchy Newspapers, 8/7/2008]
USAMRIID Division Chief - Gerry Andrews, the chief of USAMRIID’s bacteriology division at USAMRIID from 1999 to 2003, says the anthrax in the Daschle letter was “a startlingly refined weapons-grade anthrax spore preparation, the likes of which had never been seen before by personnel at [USAMRIID]. It is extremely improbable that this type of preparation could ever have been produced [there], certainly not of the grade and quality found in that envelope” (see August 9, 2008).
FBI Scientist - On August 18, FBI scientist Vahid Majidi says, “It would have been easy to make these samples at USAMRIID.” He believes that one person could make the right amount of anthrax in three to seven days (see August 18, 2008). [US Department of Justice, 8/18/2008]

Entity Tags: Vahid Majidi, Jeffrey Adamovicz, Gerry Andrews, Bruce Ivins, Richard Spertzel, United States Army Medical Research Institute of Infectious Diseases

Timeline Tags: 2001 Anthrax Attacks

On August 6, 2008, the FBI claims that anthrax attacks suspect Bruce Ivins did not cooperate with investigators in 2002 and failed to hand over anthrax samples that could have linked him to the attacks. This is cited as an important reason why he is named as the FBI’s prime suspect. However, on August 19, it is revealed that Ivins did in fact hand over anthrax samples to the FBI in 2002. In February 2002, he sent in a sample but it did not meet the FBI’s standards for evidence, so the FBI destroyed it (see February 22-27, 2002). In April 2002, he sent in another sample and the FBI did use that (see April 2002). However, one investigator had kept a copy of the first sample, and it was later found not to match the second sample. This first sample was eventually shown to match with the anthrax used in the attacks, while the second one did not match. [Frederick News-Post, 8/19/2008]

Entity Tags: Federal Bureau of Investigation, Bruce Ivins

Timeline Tags: 2001 Anthrax Attacks

Senator Charles Grassley (R-IA) sends a letter to Attorney General Michael Mukasey and FBI Director Robert Mueller with a list of 18 questions about the FBI’s anthrax attacks investigation. He gives them two weeks to respond. The Los Angeles Times says the questions raise “concerns about virtually every aspect of the probe.” Grassley’s questions include how the government focused on suspect Bruce Ivins (who apparently committed suicide about a week earlier July 29, 2008), what was known about his deteriorating mental condition, whether he had taken a lie-detector test, and why investigators are sure that no one else helped him. “The FBI has a lot of explaining to do,” Grassley says. Representative Rush Holt (D-NJ) also says in an interview that he is in discussions with other Congresspeople to arrange a Congressional inquiry that would combine the efforts of several Congressional oversight committees. Referring to President John F. Kennedy’s 1963 assassination, Holt says, “We don’t want this to be another Lee Harvey Oswald case where the public says it is never solved to their satisfaction. Somebody needs to finish the job that would have been finished in a court of law.” Other than Congress, “I’m not sure where else to do it.” [Los Angeles Times, 8/8/2008]

Entity Tags: Michael Mukasey, Bruce Ivins, Federal Bureau of Investigation, Robert S. Mueller III, Rush Holt, Charles Grassley

Timeline Tags: 2001 Anthrax Attacks

The Justice Department formally clears Steven Hatfill of any involvement in the 2001 anthrax attacks (see October 5-November 21, 2001). The department sends a letter to Hatfill’s lawyer, stating: “We have concluded, based on lab access records, witness accounts, and other information, that Dr. Hatfill did not have access to the particular anthrax used in the attacks, and that he was not involved in the anthrax mailings.” [MSNBC, 8/8/2008] Hatfill won $5.8 million from the government in a settlement in June 2008, but the government admitted no wrongdoing and did not make any statement officially clearing him (see June 27, 2008).

Entity Tags: Steven Hatfill, US Department of Justice

Timeline Tags: 2001 Anthrax Attacks

Gerry Andrews, the chief of the bacteriology division at USAMRIID from 1999 to 2003, publishes an editorial in the New York Times. USAMRIID is the US Army’s top biological laboratory, and one of Andrew’s subordinates there was Bruce Ivins, the FBI’s main suspect in the 2001 anthrax attacks (see October 5-November 21, 2001) and also a friend of Andrews. Andrews says that the FBI’s recently revealed case against Ivins is unimpressive and lacks physical evidence. He states that the anthrax contained in a letter to Senator Tom Daschle (D-SD) was “a startlingly refined weapons-grade anthrax spore preparation, the likes of which had never been seen before by personnel at [USAMRIID]. It is extremely improbable that this type of preparation could ever have been produced [there], certainly not of the grade and quality found in that envelope.” Andrews also complains that the FBI has not provided “enough detail about their procedure to enable other scientists to tell whether they could actually single out Dr. Ivins’s spore preparation as the culprit…” [New York Times, 8/9/2008]

Entity Tags: Gerry Andrews, Bruce Ivins, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks

New York Times columnist Nicholas Kristof apologizes to Steven Hatfill, the person he suggested could be responsible for the anthrax attacks in a series of 2002 columns (see May 24-August 13, 2002): “I owe an apology to Dr. Hatfill. In retrospect, I was right to prod the FBI and to urge tighter scrutiny of Fort Detrick, but the job of the news media is supposed to be to afflict the comfortable and comfort the afflicted. Instead, I managed to afflict the afflicted.” He points out that Hatfill sued him and the Times, but the suit was eventually dismissed. “[Y]et even if I don’t have a legal obligation, I do feel a moral one to express regret for any added distress from my columns.” Kristof also comments on the FBI’s recent allegation that Bruce Ivins was responsible for the anthrax attacks: “Some of [Ivins’s] friends and family are convinced of his innocence and believe the FBI hounded him to death. And the evidence against him, while interesting, is circumstantial. Shouldn’t a presumption of innocence continue when a person is dead and can no longer defend himself?” [New York Times, 8/27/2008]

Entity Tags: Federal Bureau of Investigation, Steven Hatfill, Nicholas Kristof

Timeline Tags: 2001 Anthrax Attacks

The New York Times reports that “in interviews last week, two dozen bioterrorism experts, veteran investigators, and members of Congress expressed doubts about the FBI’s conclusions” about deceased anthrax attacks suspect Bruce Ivins, and many “do not think the [FBI] has proved its case” against him. For instance:
bullet Senator Arlen Specter (R-PA) says, “My conclusion at this point is that it’s very much an open matter.… There are some very serious questions that have yet to be answered and need to be made public.”
bullet Senator Charles Grassley (R-IA) says, “If the case is solved, why isn’t it solved? It’s all very suspicious, and you wonder whether or not the FBI doesn’t have something to cover up and that they don’t want to come clean.”
bullet Representative Rush Holt (D-NJ) says, “[The FBI] took their shot… They hoped and maybe believed that the case they laid out would persuade everyone. I think they’re probably surprised by the level of skepticism.”
bullet Bioterrorism expert Dr. Thomas Inglesby says, “For a lot of the scientific community, the word would be agnostic.… They still don’t feel they have enough information to judge whether the case has been solved.”
bullet Dr. Ralph Frerichs, an epidemiologist at the University of California, Los Angeles, says, “There’s no clarity on the simplest aspect: is [making the anthrax used in the attacks] hard to do or easy to do?”
bullet Dr. Gerry Andrews, who once served as Ivins’s boss at USAMRIID, says, “Despite the FBI’s scientific and circumstantial evidence, I and many of Dr. Ivins’s former colleagues don’t believe he did it and don’t believe the spore preparations were made at [USAMRIID]” (see August 1-10, 2008).
Officials have acknowledged “that they did not have a single, definitive piece of evidence indisputably proving that Dr. Ivins mailed the letters—no confession, no trace of his DNA on the letters, no security camera recording the mailings in Princeton, [New Jersey.]” But the Times also notes, “Even the strongest skeptics acknowledged that the bureau had raised troubling questions about Dr. Ivins’s mental health and had made a strong scientific case linking the mailed anthrax to a supply in his laboratory. But they said the bureau’s piecemeal release of information, in search warrant affidavits and in briefings for reporters and Congress, had left significant gaps in the trail that led to Dr. Ivins and had failed to explain how investigators ruled out at least 100 other people who the bureau acknowledged had access to the same flasks of anthrax.” [New York Times, 9/6/2008]

Entity Tags: Rush Holt, Thomas Inglesby, Gerry Andrews, Federal Bureau of Investigation, Charles Grassley, Ralph Frerichs, Bruce Ivins, Arlen Specter

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

In his first exit interview after the November 2008 elections, Vice President Dick Cheney unapologetically acknowledges that the US used waterboarding on suspected terrorists, and says that the Guantanamo Bay prison should remain open until terrorism has been eradicated. Methods such as waterboarding were indeed used on at least one subject, suspected 9/11 plotter Khalid Shaikh Mohammed (see May 2002-2003, Shortly After February 29 or March 1, 2003, March 7 - Mid-April, 2003, After March 7, 2003, and May 2003), Cheney says, but he goes on to claim that those methods do not constitute torture. “On the question of so-called torture, we don’t do torture,” he says. “We never have. It’s not something that this administration subscribes to. I think those who allege that we’ve been involved in torture, or that somehow we violated the Constitution or laws with the terrorist surveillance program, simply don’t know what they’re talking about.” Asked if he authorized the waterboarding of Mohammed, Cheney says: “I was aware of the program, certainly, and involved in helping get the process cleared, as the agency [CIA] in effect came in and wanted to know what they could and couldn’t do. And they talked to me, as well as others, to explain what they wanted to do. And I supported it.” Cheney says that waterboarding Mohammed produced critically important information: “There was a period of time there, three or four years ago, when about half of everything we knew about al-Qaeda came from that one source. So it’s been a remarkably successful effort. I think the results speak for themselves.” Cheney adds that the invasion of Iraq and the overthrow of Saddam Hussein were justified regardless of whether that nation possessed weapons of mass destruction. The only thing US intelligence got wrong, he says, “was that there weren’t any stockpiles. What they found was that Saddam Hussein still had the capability to produce weapons of mass destruction. He had the technology, he had the people, he had the basic feed stock.” [ABC News, 12/15/2008; ABC News, 12/15/2008] In the US, waterboarding has been considered a war crime at least as far back as World War II (see 1947, January 21, 1968, and November 29, 2007); in 2007, a judge concurred (see November 4, 2007). A former senior Justice Department official determined that waterboarding is torture (see Late 2004-Early 2005), as did a former deputy secretary of state who was subjected to waterboarding as part of his military training (see January 21, 2009) and a US senator who was a prisoner of war in Vietnam (see April 20, 2009). The CIA suspended the use of waterboarding in 2005 after determining that the technique was most likely ineffective and certainly illegal (see Shortly After April 28, 2004-February 2005), and banned it entirely in 2006 (see Between May and Late 2006); the CIA’s Inspector General determined that the practice was torture (see March 6, 2009). The FBI and DIA have forbidden their agents from using the technique (see May 13, 2004 and February 7, 2008). The US military banned its use in 2006 (see September 6, 2006). The king of Saudi Arabia will accuse the Bush administration of torturing prisoners in its custody (see April 24, 2009). The information derived from torturing Mohammed and other prisoners is widely considered unreliable (see August 6, 2007, April 16, 2009, December 18, 2008, and March 29, 2009), and may well have been initially designed to elicit false confessions (see April 22, 2009).

Entity Tags: Central Intelligence Agency, Al-Qaeda, Bush administration (43), Richard (“Dick”) Cheney, Saddam Hussein, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives

The CIA’s torture of a supposed high-ranking al-Qaeda operative, Abu Zubaida, produced no information that helped foil any terrorist attacks or plots, according to former senior government officials who closely followed the interrogations. Zubaida was subjected to intensive waterboarding and other tortures (see April - June 2002), and provided information about a fantastic array of al-Qaeda plots that sent CIA agents all over the globe chasing down his leads. But none of his information panned out, according to the former officials. Almost everything Zubaida said under torture was false, and most of the reliable information gleaned from him—chiefly the names of al-Qaeda members and associates—was obtained before the CIA began torturing him. Moreover, the US’s characterization of Zubaida as “al-Qaeda’s chief of operations” and a “trusted associate” of Osama bin Laden turned out to be false as well. Several sources have challenged the government’s characterization of Zubaida as a “high-level al-Qaeda operative” before now (see Shortly After March 28, 2002 and April 9, 2002 and After).
'Fixer' for Islamists before 9/11 - Zubaida, a native Palestinian, never even joined al-Qaeda until after 9/11, according to information obtained from court documents and interviews with current and former intelligence, law enforcement, and military sources. Instead, he was a “fixer” for a number of radical Islamists, who regarded the US as an enemy primarily because of its support for Israel. Many describe Zubaida as a “travel agent” for al-Qaeda and other radical Islamists. He joined al-Qaeda because of the US’s preparations to invade Afghanistan. US officials are contemplating what, if any, charges they can use to bring him into court. Zubaida has alleged links with Ahmed Ressam, the so-called “Millennium Bomber” (see December 14, 1999), and allegedly took part in plans to retaliate against US forces after the overthrow of the Taliban in late 2001 (see December 17, 2001). But some US officials worry that bringing him into a courtroom would reveal the extent of his torture and abuse at the hands of the CIA, and that any evidence they might have against him is compromised because it was obtained in part through torture. Those officials want to send him to Jordan, where he faces allegations of conspiracy in terrorist attacks in that country.
Defending Zubaida's Information - Some in the US government still believe that Zubaida provided useful information. “It’s simply wrong to suggest that Abu Zubaida wasn’t intimately involved with al-Qaeda,” says a US counterterrorism official. “He was one of the terrorist organization’s key facilitators, offered new insights into how the organization operated, provided critical information on senior al-Qaeda figures… and identified hundreds of al-Qaeda members. How anyone can minimize that information—some of the best we had at the time on al-Qaeda—is beyond me.… Based on what he shared during his interrogations, he was certainly aware of many of al-Qaeda’s activities and operatives.” But the characterization of Zubaida as a well-connected errand runner was confirmed by Noor al-Deen, a Syrian teenager captured along with Zubaida at a Pakistani safe house (see March 28, 2002). Al-Deen readily answered questions, both in Pakistan and in a detention facility in Morocco. He described Zubaida as a well-known functionary with little knowledge of al-Qaeda operations. (Al-Deen was later transferred to Syria; his current whereabouts and status are unknown to the public.) A former Justice Department official closely involved in the early investigation of Zubaida says: “He was the above-ground support” for al-Qaeda and other radicals. “He was the guy keeping the safe house, and that’s not someone who gets to know the details of the plans. To make him the mastermind of anything is ridiculous.” A former intelligence officer says the US spent an inestimable amount of time and money chasing Zubaida’s “leads” to no effect: “We spent millions of dollars chasing false alarms.”
Connected to KSM - Zubaida knew radical Islamist Khalid Shaikh Mohammed for years. Mohammed, often dubbed “KSM” by US officials, approached Zubaida in the 1990s about finding financial backers for a plan he had concocted to fly a small plane into the World Trade Center. Zubaida declined involvement but recommended he talk to bin Laden. Zubaida quickly told FBI interrogators of Mohammed and other al-Qaeda figures such as alleged “dirty bomber” Jose Padilla (see May 8, 2002). He also revealed the plans of the low-level al-Qaeda operatives he fled Afghanistan with. Some wanted to strike US forces in Afghanistan with bombs, while others harbored ideas of further strikes on American soil. But he knew few details, and had no knowledge of plans by senior al-Qaeda operatives. At this point, the CIA took over the interrogations, and the torture began (see Mid-April-May 2002). As a result of the torture, Zubaida began alternating between obstinate silence and providing torrents of falsified and fanciful “intelligence”; when FBI “clean teams” attempted to re-interview some detainees who had been tortured in order to obtain evidence uncontaminated by abusive treatment, Zubaida refused to cooperate. Joseph Margulies, one of Zubaida’s attorneys, says: “The government doesn’t retreat from who KSM is, and neither does KSM. With Zubaida, it’s different. The government seems finally to understand he is not at all the person they thought he was. But he was tortured. And that’s just a profoundly embarrassing position for the government to be in.” Margulies and other lawyers want the US to send Zubaida to another country besides Jordan—Saudi Arabia, perhaps, where Zubaida has family. Military prosecutors have already deleted Zubaida’s name from the charge sheets of detainees who will soon stand trial, including several who were captured with Zubaida and are charged with crimes in which Zubaida’s involvement has been alleged.
Pressure from the White House - The pressure from the White House to get actionable information from Zubaida was intense (see Late March 2002), according to sources. One official recalls the pressure as “tremendous.” He says the push to force information from Zubaida mounted from one daily briefing to the next. “They couldn’t stand the idea that there wasn’t anything new. They’d say, ‘You aren’t working hard enough.’ There was both a disbelief in what he was saying and also a desire for retribution—a feeling that ‘He’s going to talk, and if he doesn’t talk, we’ll do whatever.’” [Washington Post, 3/29/2009]

Entity Tags: Jose Padilla, Al-Qaeda, Ahmed Ressam, Abu Zubaida, Bush administration (43), Federal Bureau of Investigation, Khalid Shaikh Mohammed, US Department of Justice, Joseph Margulies, Central Intelligence Agency, Noor al-Deen

Timeline Tags: Torture of US Captives

In an interview on CBS’s Face the Nation, former Vice President Dick Cheney acknowledges that President Bush knew of the torture program as performed under his administration. However, he again says that in his view the practices employed by the US on enemy detainees did not constitute torture (see December 15, 2008). He also reiterates earlier claims that by dismantling Bush-era policies on torture and warrantless wiretapping, the Obama administration is making the country more vulnerable to terrorist attacks (see January 22, 2009, January 22, 2009, January 23, 2009, February 2009, March 17, 2009, March 29, 2009, April 20, 2009, April 21, 2009, April 22, 2009, April 22, 2009, April 22, 2009, April 23, 2009, and April 26, 2009), and reiterates his claim that classified documents will prove that torture was effective in producing actionable intelligence (see April 20, 2009).
Claims Documents Prove Efficacy of Torture - Cheney says: “One of the things that I did six weeks ago was I made a request that two memos that I personally know of, written by the CIA, that lay out the successes of those policies and point out in considerable detail all of—all that we were able to achieve by virtue of those policies, that those memos be released, be made public (see April 22, 2009). The administration has released legal opinions out of the Office of Legal Counsel. They don’t have any qualms at all about putting things out that can be used to be critical of the Bush administration policies. But when you’ve got memos out there that show precisely how much was achieved and how lives were saved as a result of these policies, they won’t release those. At least, they haven’t yet.” Host Bob Schieffer notes that Attorney General Eric Holder has denied any knowledge of such documents, and that other administration officials have said that torture provided little useful information. Cheney responds: “I say they did. Four former directors of the Central Intelligence Agency say they did, bipartisan basis. Release the memos. And we can look and see for yourself what was produced.” Cheney says the memos specifically discuss “different attack planning that was under way and how it was stopped. It talks [sic] about how the volume of intelligence reports that were produced from that.… What it shows is that overwhelmingly, the process we had in place produced from certain key individuals, such as Khalid Shaikh Mohammed and Abu Zubaida (see After March 7, 2003), two of the three who were waterboarded.… Once we went through that process, he [Mohammed] produced vast quantities of invaluable information about al-Qaeda” (see August 6, 2007). Opponents of Bush torture policies, Cheney says, are “prepared to sacrifice American lives rather than run an intelligent interrogation program that would provide us the information we need to protect America.”
Bush Knew of Torture Program - Cheney also acknowledges that then-President Bush knew of the torture program, saying: “I certainly, yes, have every reason to believe he knew—he knew a great deal about the program. He basically authorized it. I mean, this was a presidential-level decision. And the decision went to the president. He signed off on it.” Cheney concludes by saying that he would be willing to testify before Congress concerning the torture program and his administration’s handling of its war on terror, though he refuses to commit to testifying under oath. [Congressional Quarterly, 5/10/2009; CBS News, 5/10/2009 pdf file]

Entity Tags: Khalid Shaikh Mohammed, Abu Zubaida, George W. Bush, Obama administration, Richard (“Dick”) Cheney

Timeline Tags: Torture of US Captives

The Supreme Court refuses to hear an appeal concerning former CIA official Valerie Plame Wilson’s dismissed lawsuit against four Bush officials (see July 19, 2007). Plame Wilson had sued former Vice President Dick Cheney (see July 7-8, 2003), former White House political strategist Karl Rove (see July 8, 2003 and 11:00 a.m. July 11, 2003), convicted perjurer Lewis Libby (see March 6, 2007), and former Deputy Secretary of State Richard Armitage (see June 13, 2003), for deliberately disclosing her covert CIA status to reporters. Plame Wilson and her co-plaintiff, husband Joseph Wilson, have said their case is about “abuse of power at the highest level of American government.” The dismissal of their lawsuit was upheld by a federal appeals court in 2008. [Fox News, 6/22/2009] In May, Solicitor General Elena Kagan urged the Court to deny the Wilsons’ appeal, saying that the lawsuit did not meet the criteria of the 1974 Privacy Act. The law, Kagan argued, barred federal employees from being sued; only their agencies could be sued. [Mother Jones, 6/22/2009]

Entity Tags: Karl C. Rove, Joseph C. Wilson, US Supreme Court, Richard Armitage, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Elena Kagan

Timeline Tags: Niger Uranium and Plame Outing

Former Bush administration press secretary Dana Perino tells a Fox News audience that no terrorist attacks took place on American soil during President Bush’s two terms. Perino is forgetting, or ignoring, the 9/11 attacks, the most lethal and costly attacks in US history. On Sean Hannity’s Fox show, Hannity asks Perino if President Obama “really understand[s]” that the US has a national security concern about terrorism. Perino begins by denying that her remarks are political, then says that the US recently suffered “a terrorist attack on our country,” obviously referring to the 9/11 attacks. The Obama administration is loath to call the US’s involvement a “war on terror,” Perino says, when it should be labeled as such “because we need to face up to it so we can prevent it from happening again.” She says she does not know what thinking is going on in the Obama administration, “but we did not have an attack on our country during President Bush’s term. I hope they’re not looking at this politically. I do think we owe it to the American people to call it what it is.” Neither Hannity nor his other guest, Fox Business personality Stuart Varney, correct Perino’s statement; instead Varney begins questioning Obama’s commitment to fighting terrorism. [Media Matters, 11/24/2009] Perino had not yet joined the Bush administration in 2001, but was working as a public relations representative for a high-tech firm in San Diego. [Austin Chronicle, 9/21/2007]

Entity Tags: Fox News, Barack Obama, Bush administration (43), Dana Perino, Sean Hannity, Stuart Varney, George W. Bush

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

A man on board Northwest Airlines Flight 253 from Amsterdam to Detroit is subdued by passengers after attempting to detonate a makeshift bomb hidden in his undergarments. Umar Farouk Abdulmutallab, a 23-year-old man from Nigeria, tries to ignite a mixture of plastic and liquid explosives sewn into his underwear as the Airbus 330 makes its final descent into Detroit. Abdulmutallab is set afire and suffers serious burns along with two other passengers, is detained by passengers and crew, and is arrested after landing. The suspect previously flew on a KLM flight from Lagos to Amsterdam. MI5 and US intelligence officials begin an investigation into his social ties and background. Abdulmutallab is the son of a wealthy Nigerian banker and studied engineering at University College London for three years until June 2008. His father claims to have informed Nigerian and American officials of his son’s increasingly unusual behavior and activities. US officials allegedly placed the 23-year-old on a list of suspected extremists, yet he possesses a US visa valid from June 2008 to June 2010, and appears on no lists prohibiting air travel to the US. Following the event, the US government will request that all passengers traveling from Britain to the US be subjected to additional personal and baggage searches. Security measures at US airports will also be heightened. [The Telegraph, 12/26/2009; New York Times, 12/26/2009]

Entity Tags: Umar Farouk Abdulmutallab, US Department of Homeland Security, UK Security Service (MI5)

Timeline Tags: Complete 911 Timeline

Mary Matalin, the former press adviser for then-Vice President Dick Cheney, makes two false statements on CNN: the Bush administration inherited both a failing economy and the 9/11 attacks from the Clinton administration. The US entered a period of steep recession three months after Bush’s first term began, and the 9/11 attacks occurred eight months after Bush took office. On CNN’s State of the Union, Matalin says, “I was there, we inherited a recession from President Clinton, and we inherited the most tragic attack on our own soil in our nation’s history.” A month ago, former Bush administration press secretary Dana Perino made a similar claim about the timing of the 9/11 attacks on Fox News (see November 24, 2009). Lee Fang of the progressive news Web site Think Progress writes of the two statements, “Former Bush administration officials seem intent on misrepresenting history to pretend that the country never suffered its worst terror attack in history under Bush’s watch.” [Media Matters, 12/27/2009; Think Progress, 12/27/2009]

Entity Tags: Clinton administration, Bush administration (43), CNN, Mary Matalin, Richard (“Dick”) Cheney, Lee Fang

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

Las Vegas Review-Journal publisher Sherman Frederick falsely claims that “the two cases of domestic terrorism since 9/11” have taken place “on Obama’s watch.” In recent months, two former Bush administration officials have denied that 9/11 took place during the Bush presidency (see November 24, 2009 and December 27, 2009). The progressive media watchdog Web site Media Matters will write, “Frederick joins [the] list of conservatives denying existence of terrorist attacks under Bush.” Frederick writes: “If this is what it takes to wake up Obama to the evils of this world, then he learned an easy lesson. But tell that to the personnel who lost their lives to terrorism at Fort Hood [referring to the November 9, 2009 mass shooting at Fort Hood, Texas, perpetrated by a Muslim US Army psychiatrist with suspected ties to extremist groups]. Then, as now, the Obama administration fails to swiftly acknowledge the threat. They demur in describing our enemy as radical Muslims. They plan to close the offshore prison for terrorists at Guantanamo Bay and transfer the prisoners to the United States. They give the enemy combatants who killed more than 3,000 people on 9/11 the privilege of a civilian federal trial in New York City when a military tribunal is more appropriate. And for three days our president failed to address his people directly on Abdulmutallab’s failed effort to blow up a commercial flight over Detroit on Christmas Day [referring to Umar Farouk Abdulmutallab, who attempted to detonate an explosive device carried in his underwear on a Northwest Airlines flight—see December 25, 2009]. All of this on top of President Obama’s noticeable refusal to characterize our struggle as a ‘war’ on ‘terror.’ In the wake of fierce criticism, Obama now talks tough about keeping America safe. But in the two cases of domestic terrorism since 9/11—both on Obama’s watch—red flags flew aplenty.” Frederick either forgets or ignores a string of domestic terrorist attacks on US targets during the Bush presidency, including the 2001 anthrax attacks (see September 17-18, 2001, October 5-November 21, 2001, October 6-9, 2001, and October 15, 2001); the attempt to blow up a transatlantic plane by “shoe bomber” Richard Reid, who has ties to al-Qaeda (see December 22, 2001); the 2002 attack on the El Al ticket counter at Los Angeles International Airport, designated by the Justice Department as an official “act of international terrorism”; the 2002 sniper shootings in the Washington, DC, area, carried out by John Allen Muhammed, who was convicted of terrorism charges; and the 2006 attack on the University of North Carolina campus, where a Muslim student struck nine pedestrians in his SUV because, he said, he wanted to “avenge the deaths or murders of Muslims around the world.” [Media Matters, 1/6/2010]

Entity Tags: John Allen Muhammed, Barack Obama, Bush administration (43), Las Vegas Review-Journal, Media Matters, Umar Farouk Abdulmutallab, Richard C. Reid, Sherman Frederick

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

Former New York City Mayor Rudolph Giuliani, a 2008 contender for the Republican presidential nomination, tells an ABC audience that the US experienced “no domestic attacks” during the Bush administration. Giuliani is forgetting, or ignoring, the 9/11 attacks, the most lethal and costly terrorist attacks in US history, a curious omission considering Giuliani was mayor when two hijacked jetliners struck New York City’s World Trade Center buildings on September 11, 2001, eight months into the Bush administration. In recent months, two former Bush administration officials have also denied that 9/11 took place during the Bush presidency (see November 24, 2009 and December 27, 2009), as has a Nevada newspaper publisher just days ago (see January 3, 2010). Good Morning America host George Stephanopoulos begins by asking Giuliani about his opposition to trying suspected terrorists in civilian courts instead of in military tribunals (see November 13, 2001 and January 29, 2009). Giuliani asks “why stop” torturing suspects instead of putting them on trial, saying that the US may continue to get “good information” from them, presumably about plans for future terrorist attacks. Giuliani says that while Bush “didn’t do everything right” in the “war on terror,” what Obama “should be doing is following the right things [Bush] did. One of the right things he did was treat this as a war on terror, we had no domestic attacks under Bush, we had one under Obama.” Stephanopoulos notes that Obama has “stepped up” actions against terrorists, but does not correct Giuliani’s claim that the US “had no domestic attacks under Bush.” [Media Matters, 1/8/2010]

Entity Tags: Barack Obama, ABC News, George Stephanopoulos, Bush administration (43), Rudolph (“Rudy”) Giuliani

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

The National Academy of Sciences (NAS) finds that the source of the anthrax involved in the 2001 attacks was not established by the FBI’s science. This conclusion is in contrast to that of the Justice Department and the FBI, which have asserted unequivocally that RMR-1029, an anthrax flask linked to USAMRIID vaccine researcher and deceased alleged anthrax-killer Bruce Ivins, was the source of the anthrax used in the attacks. The NAS was contracted by the FBI in 2009, for nearly $880,000, to review the science underlying the FBI’s investigation. The NAS council did not review other types of evidence assembled by the FBI, did not have access to classified materials, and did not do its own research. In its report, it makes no judgments regarding the guilt or innocence of any parties, or judgments about the FBI’s conclusion that Ivins was the sole perpetrator. [Associated Press, 5/9/2009; Justice, 2/19/2010, pp. 28 PDF pdf file; National Academy of Sciences, 2/15/2011; McClatchy-ProPublica-PBS Frontline, 10/11/2011] The primary conclusion of the NAS is that “it is not possible to reach a definitive conclusion about the origins of the anthrax… based solely on the available scientific evidence.” The NAS says there were “genetic similarities” between the samples from the letters and RMR-1029, but that “other possible explanations for the similarities—such as independent, parallel evolution—were not definitively explored during the investigation,” and “the data did not rule out other possible sources.” The NAS agrees with the FBI that “RMR-1029… was not the immediate source of spores used in the letters,” and that “one or more derivative growth steps would have been required to produce the anthrax in the attack letters.” The NAS says the FBI did correctly identify the anthrax as Ames strain. It also agrees with the FBI that there was no evidence that the silicon present in the samples had been added in order to weaponize the anthrax, but says that, based on the information made available to it, “one cannot rule out the intentional addition of a silicon-based substance to the New York Post letter, in a failed attempt to enhance dispersion.” Silicon had not been present in the anthrax in RMR-1029 and it is not a normal part of anthrax spores, though it may be incorporated if it is present in its environment as the spores develop. The reason for the presence of silicon (up to 10 percent by bulk mass in the New York Post sample, though this differed with the amount measured in the spores), as well as other elements such as tin, remains unresolved. [National Academy of Sciences, 2/15/2011] At a NAS press conference accompanying the report’s release, questions are raised regarding the amount of time needed to prepare the anthrax. Committee Chair Alice P. Gast responds, “There’s a lack of certainty in the time and effort it would take to make [the powders]… the FBI has not determined what method was used to create the powders.” In some situations several months might be required, but, according to Vice Chair David A. Relman, it would have been possible to complete the work in as little as two days. Regarding the low end of the estimate, Relman says: “There are a number of factors that would have to go into that calculation, including the skill set of the person or persons involved, the equipment and resources available, and the procedures and process selected. And, on that last point, that low end would rely upon the use of batch fermentation methods—liquid cultivation methods—which are available in a number of locations.” Co-workers of Ivins and other experts previously expressed doubts that Ivins had the skill, equipment, or opportunity to prepare the anthrax used, let alone do so in as short a time as the FBI has alleged (see August 1-10, 2008, August 3-18, 2008, August 5, 2008, August 9, 2008 and April 22, 2010). [National Academy of Sciences, 2/15/2011; ProPublica, 2/15/2011] In response to the NAS report, the FBI says in a press release that it was not the science alone that led it to conclude that Ivins was the sole perpetrator: “The FBI has long maintained that while science played a significant role, it was the totality of the investigative process that determined the outcome of the anthrax case. The scientific findings in this case provided investigators with valuable investigative leads that led to the identification of the late Dr. Bruce Ivins as the perpetrator of the anthrax attacks.” [Department of Justice, 2/15/2011] The FBI has claimed to have identified, and eliminated as suspects, 419 people at Fort Detrick and other locations, who either had access to the lab where Ivins worked or received samples from RMR-1029. However, the NAS finding that RMR-1029 has not been conclusively identified as the anthrax source indicates the pool of suspects may be wider than just those with links to RMR-1029. The NAS press release notes that, in October 2010, a draft version of the NAS report underwent a “required FBI security review,” and following that the FBI asked to submit materials to NAS that it had not previously provided. The NAS says: “Included in the new materials were results of analyses performed on environmental samples collected from an overseas site.  Those analyses yielded inconsistent evidence of the Ames strain of B. anthracis in some samples.  The committee recommends further review of the investigation of overseas environmental samples and of classified investigations carried out by the FBI and Department of Justice.” [National Academy of Sciences, 2/15/2011]

Entity Tags: FBI Headquarters, Dugway Proving Ground, National Academy of Sciences, Battelle Memorial Institute, “Justice Department”, Bruce Ivins, United States Army Medical Research Institute of Infectious Diseases

Timeline Tags: 2001 Anthrax Attacks

Eric Bolling, the host of the Fox Business Channel talk show Follow The Money, reads a list of people his viewers say they want waterboarded. The list includes President Obama. Bolling is doing a segment on his viewers’ reaction to the death of Osama bin Laden (see May 2, 2011), and insists, despite claims from Obama administration members and informed outsiders, that bin Laden was located “through waterboarding, simple as that” (see Autumn 2003, August 6, 2007, December 2-4, 2008, December 11, 2008, and March 29, 2009). (Later in the segment, some of his guests dispute that claim.) Bolling says he asked viewers who they wanted to see waterboarded. The respondents, through Facebook, named, among others: “Senate Dems… and then Obama… then the kooks on [the ABC morning talk show] ‘The View,’ starting with Joy” Behar; “Alan Colmes… [t]he secrets of the left-wing cabal will come pouring out of that boy”; “[m]y ex-wife!”; progressive talk show hosts Keith Olbermann and Rachel Maddow; and the far-right, virulently anti-gay Westboro Baptist Church. Bolling concludes the segment with some jocularity with his guests, and jokingly offers to be waterboarded himself. [Media Matters, 5/5/2011]

Entity Tags: Keith Olbermann, Barack Obama, Alan Colmes, Eric Bolling, Obama administration, Fox Business Channel, Westboro Baptist Church, Rachel Maddow, Osama bin Laden, Joy Behar

Timeline Tags: Torture of US Captives, Domestic Propaganda

Fox News’s Eric Bolling, hosting The Five, says that he remembers no terrorist attacks on the US during the Bush presidency. Bolling is either ignoring or forgetting that the 9/11 attacks, the most lethal and costly terrorist attacks in US history, occurred eight months into the Bush presidency. Since late 2009, two former Bush administration officials have also denied that 9/11 took place during the Bush presidency (see November 24, 2009 and December 27, 2009), as has former New York City Mayor Rudolph Giuliani, who was mayor when his city was stricken (see January 8, 2010). A Las Vegas newspaper publisher has claimed no terrorist attacks occured during the Bush administration after 9/11, another falsehood perpetrated by Bolling (see January 3, 2010). One of the “five” participants in the roundtable discussion on the show is former Bush administration press secretary Dana Perino, who is one of the former administration officials who denied that 9/11 took place during Bush’s presidency. Bolling and the other participants, save for the single “liberal” at the table, Bob Beckel, are criticizing the Obama administration’s economic policies. The topic goes into a quick repudiation of the fact that the Bush administration used false claims about WMDs to drive the US into a war with Iraq, and Bolling shouts over the crosstalk: “America was certainly safe between 2000 and 2008. I don’t remember any terrorist attacks on American soil during that period of time.” No one involved in the panel discussion corrects his misstatement. [Media Matters, 7/13/2011; Huffington Post, 7/14/2011] The Five is the newest Fox News offering, replacing the recently canceled show hosted by Glenn Beck. [Huffington Post, 7/14/2011] The next day, MSNBC talk show host Chris Matthews derides what he calls Bolling’s “revisionist history” regarding 9/11. He plays a brief clip of Bolling making the statement, then sarcastically invites Bolling to “think back to 2001.” While playing a clip from the coverage of the 9/11 attacks, Matthews asks, “Does that trigger your memory?” [Media Matters, 7/14/2011] Hours after Matthews’s correction, Bolling says on The Five: “Yesterday I misspoke when saying that there were no US terror attacks during the Bush years. Obviously I meant in the aftermath of 9/11.” Bolling then swings to the attack, saying: “That’s when the radical liberal left pounced on us and me. [The progressive media watchdog Web site] Media Matters posted my error, saying I forgot about 9/11. No, I haven’t forgotten.” (Bolling is referring to a Media Matters article with the title: “‘Have You Forgotten?’ Conservatives Erase 9/11 From Bush Record,” which cites Bolling’s error among other “misstatements” and omissions by conservatives, and cites the numerous terror attacks that took place on US soil after 9/11 during the Bush presidency.) Bolling continues by saying he was in New York during the attacks, lost friends during the attacks, and comforted the children of friends who were terrified by the attacks. He concludes by saying, “Thank you, liberals, for reminding me how petty you can be.” [Media Matters, 7/14/2009] Shortly after Bolling’s statement on Fox, Media Matters posts another article, again citing the numerous domestic terrorism attacks that took place after 9/11, under the headline, “Eric Bolling Is Still Wrong.” [Media Matters, 7/14/2011]

Entity Tags: Bob Beckel, Bush administration (43), Chris Matthews, Eric Bolling, Fox News, Rudolph (“Rudy”) Giuliani, Dana Perino, Media Matters, Obama administration

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

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