!! History Commons Alert, Exciting News

Context of '(February 16, 2006): Fitzgerald Accuses Libby Defense of ‘Graymail’ Attempt'

This is a scalable context timeline. It contains events related to the event (February 16, 2006): Fitzgerald Accuses Libby Defense of ‘Graymail’ Attempt. You can narrow or broaden the context of this timeline by adjusting the zoom level. The lower the scale, the more relevant the items on average will be, while the higher the scale, the less relevant the items, on average, will be.

After former White House official Lewis Libby’s indictment (see October 28, 2005), he retains the services of three of Washington’s most powerful attorneys: Theodore Wells, William Jeffress, and John Cline. [Boston Globe, 2/26/2006] (Cline will not officially join the defense team until mid-November.) [San Francisco Chronicle, 11/22/2005] Wells, who has successfully defended other government officials from criminal charges, is “an excellent choice,” according to criminal defense attorney Jeralyn Merritt. Jeffress is a partner at Baker Botts, the law firm headed by former Secretary of State James Baker. [Jeralyn Merritt, 11/3/2005] Cline is an expert on classified government documents; according to former CIA case officer Valerie Plame Wilson, he is “presumably hired to help the defense figure out how to ‘graymail’ the government, that is, force the government to choose between prosecuting an employee for serious crimes or preserving national security secrets.” Stanford University criminal law expert Robert Weisberg says of Cline’s addition to the team: “This is about as subtle as a sledgehammer to the government. This suggests they are going to use a very concerted and aggressive strategy.”
Legal Defense Fund Headed by GOP Fundraiser - Shortly after the indictment, Libby’s legal defense fund is created, headed by former GOP finance chief Melvin Sembler, a Florida real estate tycoon. Sembler is a highly successful fundraiser for Republican candidates, and is a close friend of Vice President Dick Cheney. Lobbyist and former Justice Department spokeswoman Barbara Comstock, a close friend of Libby’s, recruited Sembler to head the fund. According to Comstock, Sembler “holds Scooter [Libby] in high esteem as many members of the committee have. We’re confident that Scooter will be exonerated. He has declared he’s innocent.” [Tampa Tribune, 11/24/2005] In her 2007 book Fair Game, Plame Wilson will note, “Sembler, ironically enough, was President George W. Bush’s ambassador to Italy when the embassy in Rome first received the forged yellowcake documents, whose contents precipitated [Joseph Wilson]‘s trip to Niger and Libby’s legal odyssey.” [Wilson, 2007, pp. 289-290] The first contribution to the defense fund comes from Richard Carlson, a former US ambassador, the former president of the Corporation of Public Broadcasting, and the father of conservative pundit Tucker Carlson. “He spent years in government service,” Carlson will later say of Libby, whom Carlson calls a friend. He “hasn’t made a lot of dough.” The fund will soon raise over $2 million, in part through a Web site, scooterlibby.com (see February 21, 2006). Comstock and former Cheney communications director Mary Matalin (see July 10, 2003 and January 23, 2004) are deeply involved in the fund. The fund’s board of directors and advisers is studded with prominent Republicans, including former Republican presidential candidates Steve Forbes and Jack Kemp; former senator, lobbyist, and actor Fred Thompson; former senator Alan Simpson; former Education Secretary William Bennett; Princeton professor Bernard Lewis, one of the driving intellectual forces behind the invasion and occupation of Iraq; former UN ambassador Jeane Kirkpatrick; former Energy Secretary Spencer Abraham; former Clinton Middle East envoy Dennis Ross; and former CIA Director James Woolsey, another neoconservative ally of Libby’s. [New York Times, 11/18/2005; San Francisco Chronicle, 11/22/2005; Boston Globe, 2/26/2006] Howard Leach and Wayne Berman, two top fundraisers for the 2004 Bush-Cheney presidential campaign, are also part of the defense fund. Comstock tells a New York Times reporter that because both Ross and Woolsey served in the Clinton administration, the Libby defense fund is a bipartisan entity. She adds that the amount of money raised by the fund will not be disclosed: “It’s a private trust fund for a private individual and we haven’t disclosed that.” [New York Times, 11/18/2005; Tampa Tribune, 11/24/2005]
Plame Wilson Disappointed in Woolsey's Involvement - Plame Wilson will write of her disappointment that a former CIA director (Woolsey) could come to the defense of someone accused of outing a covert CIA agent. [Wilson, 2007, pp. 289-290]

Entity Tags: Dennis Ross, Tucker Carlson, Theodore Wells, Steve Forbes, Barbara Comstock, Wayne Berman, William J. Bennett, William Jeffress, Alan Simpson, Baker Botts, Bernard Lewis, Spencer Abraham, Robert Weisberg, Valerie Plame Wilson, Mel Sembler, Fred Thompson, Howard Leach, Jack Kemp, James Woolsey, Jeane Kirkpatrick, James A. Baker, John Cline, Jeralyn Merritt, Lewis (“Scooter”) Libby, Mary Matalin, Richard Carlson, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

The law firm of Jones Day submits the first classified document request to special counsel Patrick Fitzgerald on behalf of its client, Lewis Libby. The letter reads in part, “The documents requested include not only documents in the possession, custody, or control of your office, but also (a) documents in the possession, custody, or control of any agency allied with the prosecution, including without limitation the FBI, CIA, and the Office of the Vice President (‘OVP’), and (b) all other documents of which your office has knowledge and to which it has access.” The request is for, among other documents, Libby’s White House notes from May 2003 through March 2004; all documents pertaining to Libby’s morning intelligence briefings from May 2003 through March 2004, and including all Presidential Daily Briefings (PDBs); any CIA damage assessment performed in light of the Plame Wilson identity leak; and any documents pertaining to Valerie Plame Wilson’s status as a clandestine CIA official. [Letter to Patrick Fitzgerald from Jones Day re United States v. I. Lewis Libby, 12/14/2005, pp. 2-5 pdf file] None of the lawyers for either the prosecution or the defense are aware of an in-house CIA assessment of the “severe” damage caused by the leak (see Before September 16, 2003).

Entity Tags: Lewis (“Scooter”) Libby, Central Intelligence Agency, Jones Day, Patrick J. Fitzgerald, Valerie Plame Wilson, Office of the Vice President, Federal Bureau of Investigation

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald responds to a classified document request submitted by the Lewis Libby defense team (see December 14, 2005). Fitzgerald disputes lawyer John Cline’s characterization of the Office of Special Counsel as “allied with… the FBI, CIA, and the Office of the Vice President,” and notes that “we are not aligned with the various delineated government agencies other than the” FBI. Fitzgerald writes that his office will provide whatever requested documents it can, but many of the classified documents requested are not in its possession, and he doubts his office will ever be provided with many of them, particularly the extremely sensitive Presidential Daily Briefs. Others of the documents, such as some of Libby’s notes from his time in the Office of the Vice President, have not yet been provided; Fitzgerald says that once his office receives the documents, he will provide them to Libby’s lawyers. [Office of Special Counsel, 1/9/2006 pdf file]

Entity Tags: Lewis (“Scooter”) Libby, Central Intelligence Agency, Federal Bureau of Investigation, John Cline, Patrick J. Fitzgerald, Office of Special Counsel, Office of the Vice President

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald responds again to the classified document request from the Lewis Libby defense team (see December 14, 2005, January 9, 2006, and January 23, 2006). Fitzgerald reiterates that his office cannot provide some of the classified White House documents that Libby’s lawyers are requesting, and writes that many of the requested materials have no bearing on the perjury and obstruction charges Libby is facing. He also tells the lawyers that his office may not be able to provide some of the documents requested from the Office of the Vice President because that office seems not to have kept them: “We advise you that we have learned that not all e-mail of the Office of Vice President and the Executive Office of the President for certain time periods in 2003 was preserved through the normal archiving process on the White House computer system.” [Office of Special Counsel, 1/9/2006 pdf file]

Entity Tags: Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Office of the Vice President, Executive Office of the President

Timeline Tags: Niger Uranium and Plame Outing

Lewis Libby’s defense team reiterates its demand for the disclosure of 10 months’ worth of Presidential Daily Briefings, or PDBs, some of the most highly classified of government documents (see December 14, 2005, January 9, 2006, and January 23, 2006). Defense lawyer John Cline has said he wants the information in part to compensate for what he says is Libby’s imperfect recollection of conversations he had with Vice President Dick Cheney and other government officials regarding CIA official Valerie Plame Wilson (see October 14, 2003, November 26, 2003, March 5, 2004, and March 24, 2004). In documents filed with the court, Libby’s lawyers argue, “Mr. Libby will show that, in the constant rush of more pressing matters, any errors he made in FBI interviews or grand jury testimony, months after the conversations, were the result of confusion, mistake, faulty memory, rather than a willful intent to deceive” (see January 31, 2006). Special prosecutor Patrick Fitzgerald has already informed Cline that his office has only “received a very discrete amount of material relating to PDBs” and “never requested copies of PDBs” themselves, in part because “they are extraordinarily sensitive documents which are usually highly classified.” Furthermore, Fitzgerald wrote that only a relatively small number of the PDB information he has received refers to Joseph Wilson’s trip to Niger (see February 21, 2002-March 4, 2002). Cline is considered an expert in using “graymail” techniques—demanding the broad release of classified documents from the government, and, when those requests are denied, demanding dismissal of charges against his client. He was successful at having the most serious charges dismissed against an earlier client, former Colonel Oliver North, in the Iran-Contra trials (see May-June, 1989). [US District Court for the District of Columbia, 1/31/2006 pdf file; National Journal, 2/6/2006]

Entity Tags: Valerie Plame Wilson, John Cline, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Author and columnist David Corn, who was the first member of the media to speculate that Valerie Plame Wilson’s exposure as a CIA official may have been a crime (see July 16, 2003), now speculates that the Lewis Libby defense team may resort to “graymail” to derail Libby’s criminal prosecution (see After October 28, 2005 and January 31, 2006). Corn writes: “[Y]ears ago defense attorneys representing clients connected to the national security establishment—say, a former CIA employee gone bad—figured out a way to squeeze the government in order to win the case: Claim you need access to loads of classified information in order to mount a defense—more than might truly be necessary. Of course, the government is going to put up a fight. It may release some information—but not everything a thorough defense attorney will say is needed. The goal is to get the government to say no to the informant. Then the defense attorney can attempt to convince the judge that without access to this material he or she cannot put up an adequate defense. If the lawyer succeeds, it’s case dismissed. In such situations, the defendant is essentially saying, ‘Prosecute me and I’ll blow whatever government secrets I can.’” Corn notes the defense’s requests for 10 months of highly classified Presidential Daily Briefings (PDBs), a request that may yet be granted (see February 24, 2006) and as such, will set up a battle with the Bush White House, which is almost certain to refuse to release any PDBs. Corn also notes defense requests for information surrounding Plame Wilson’s covert CIA status (see Fall 1992 - 1996 and April 2001 and After), another request that, if granted, will likely be refused by the CIA. Both scenarios are openings for the defense to ask for the dismissal of all charges against their client. And Libby’s team may ask for further classified information, from the State Department, the National Security Council, and the Office of the President. [Nation, 2/6/2006]

Entity Tags: Valerie Plame Wilson, Bush administration (43), Central Intelligence Agency, Lewis (“Scooter”) Libby, David Corn

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald makes a filing to the court in opposition to the Lewis Libby defense team’s requests for highly classified information (see December 14, 2005, January 9, 2006, January 23, 2006, January 31, 2006, and February 21, 2006), requests that some have characterized as an attempt to “graymail” the government (see After October 28, 2005, January 31, 2006, and February 6, 2006) by threatening to reveal national security secrets. In his brief, Fitzgerald calls the defense request for almost 11 months of Presidential Daily Briefings (PDBs) “breathtaking” and unnecessary for a perjury defense. “The defendant’s effort to make history in this case by seeking 277 PDBs in discovery—for the sole purpose of showing that he was ‘preoccupied’ with other matters when he gave testimony to the grand jury—is a transparent effort at ‘greymail.’” [Nation, 2/17/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

The Lewis Libby defense team files a rejoinder to the special counsel’s request that the team not be granted access to classified White House documents (see February 16, 2006). Libby’s lawyers call the request “entirely unconvincing” and based on “phantom concerns” over executive privilege, “graymail” (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)), and “illusory grand jury secrecy interests.” The motion requests that all documents previously requested be provided to the defense by the special counsel. [US District Court for the District of Columbia, 2/21/2006 pdf file; Jurist, 2/22/2006] “Denying Mr. Libby’s requests because they pertain to ‘extraordinarily sensitive’ documents would have the effect of penalizing Mr. Libby for serving in a position that required him to address urgent national security matters every day,” Libby’s lawyers write. Responding to the accusations of “graymail,” they write, “The government’s ‘greymail’ accusation is not only false, but insulting.” [Associated Press, 2/22/2006] One of Libby’s lawyers, Theodore Wells, files a separate affidavit in support of the team’s motion. [US District Court for the District of Columbia, 2/21/2006 pdf file]

Entity Tags: Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Theodore Wells

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton issues an order significantly curtailing the Lewis Libby defense team’s requests for highly classified White House materials (see After October 28, 2005, January 31, 2006, February 6, 2006, (February 16, 2006), and February 21, 2006). Walton’s orders indicate that he may accept the defense team’s requests for some, but not all, of the highly classified Presidential Daily Briefings (PDBs), requests that have become a source of conflict between the defense and the prosecution. “Upon closer reflection, it is becoming apparent to this court that what is possibly material to the defendant’s ability to develop his defense” is not every detail from the briefings that Libby received as Cheney’s national security adviser, Walton says. The defense says it needs the PDBs to establish how busy Libby was with national security matters and therefore bolster their expected defense of Libby’s failure to remember his conversations about outed CIA official Valerie Plame Wilson when he allegedly lied to the FBI and to the grand jury (Libby’s so-called “memory defense”—see October 14, 2003, November 26, 2003, March 5, 2004, March 24, 2004, and January 31, 2006). General descriptions of the briefings from specific time periods might be sufficient, Walton continues. Walton also asks the CIA to tell him what, if any, documents the Libby team has requested from it might be available. Washington attorney Lawrence Barcella says Walton’s efforts would hamper Libby’s defense strategy. “What makes the defense so viable is for him to show the enormity of what he dealt with on a daily basis,” Barcella says. “If you sanitize it just so you can get past the classified information issue, you significantly lessen the potential impact of it.” [Associated Press, 2/27/2006; US District Court for the District of Columbia, 2/27/2006 pdf file] Criminal defense attorney Jeralyn Merritt, writing for the progressive blog TalkLeft, states: “I think Libby has boxed himself in on his memory defense. He now has a huge burden to show that he was so preoccupied with other matters on six or seven different occasions that he couldn’t accurately remember what he told or was told by [reporters Judith] Miller, [Matthew] Cooper, and [Tim] Russert. It’s almost like using the space cadet defense many drug defendants offer, rarely sucessfully.” [Jeralyn Merritt, 2/27/2006]

Entity Tags: Reggie B. Walton, Bush administration (43), Jeralyn Merritt, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Lawrence Barcella

Timeline Tags: Niger Uranium and Plame Outing

The CIA refuses to release a raft of classified agency documents requested by the Lewis Libby defense team (see January 31, 2006 and February 27, 2006). Meeting the Libby team’s request, CIA spokeswoman Marilyn Dorn says in a court filing, would “impose an enormous burden” and divert CIA analysts from more important tasks. To compile and provide those documents, Dorn says, would take around nine months. Libby’s lawyers say the CIA is exaggerating the difficulty of finding and releasing the documents, calling the argument “astonishing,” but also scale back their requests in hopes that Judge Reggie Walton will compel the agency to comply with the document demands. Some of the information originally requested includes CIA copies of the Presidential Daily Briefings (PDBs) from an 11-month period in 2003 and 2004. Special counsel Patrick Fitzgerald has accused the Libby team of engaging in “graymail” (see (February 16, 2006)), demanding unobtainable classified government documents in order to shut down the prosecution. Libby’s team has called that accusation “not only false but insulting” (see February 6, 2006). Libby’s lawyers now say they will be satisfied with the PDBs provided to Vice President Dick Cheney. [US District Court for the District of Columbia, 3/2/2006 pdf file; US District Court for the District of Columbia, 3/7/2006 pdf file; Washington Post, 3/8/2006]

Entity Tags: Central Intelligence Agency, Reggie B. Walton, Marilyn Dorn, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton holds a hearing to discuss numerous issues surrounding the upcoming Lewis Libby trial. One of the key areas of discussion is the involvement and expected testimony of White House political strategist Karl Rove (see July 8, 2003, July 8 or 9, 2003, 11:00 a.m. July 11, 2003, October 8, 2003, October 15, 2004, October 14, 2005, and April 26, 2006). The Libby defense team wants to compel the disclosure of a raft of classified White House and CIA documents concerning Rove’s actions in the Valerie Plame Wilson identity leak, but special counsel Patrick Fitzgerald, saying he does not intend to call Rove as a witness, is refusing to ask the White House for those documents (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)). Fitzgerald admits to being legally compelled to turn over any material he has on witnesses he intends to call, but will not agree to go after material regarding witnesses he does not intend to call, especially when that material may prove to be to the defense’s benefit. For Libby, lawyer Theodore Wells says he intends to call Rove as a witness, and he wants Fitzgerald to battle with the White House for documents pertaining to Rove’s involvement in the leak. Fitzgerald retorts, as he has before, that the material Wells and his team are asking for is not germane to a perjury defense. In the process, Wells falsely claims that a legal precedent exists for forcing a government prosecution to seek evidence the defense wants, and Walton is briefly taken in by his deception before learning that Wells is misrepresenting the case law. Fitzgerald says flatly: “I’m responsible for the government’s case… and turning over my obligations. I am not responsible for preparing the defense case. And the case law, and Your Honor cited it. It is material defined by the indictment and the government’s case in chief. You just can’t say I’m going to call 20 witnesses so give me everything about them. We then would have effectively open-file discovery or beyond that and I don’t agree with that reading of the law.” The conversation, especially on Fitzgerald’s part, is circumspect, with all parties well aware that the hearing is being held in open court. However, Walton is somewhat testy with Wells during one exchange. Referring to Wells’s stated intention to introduce former ambassador Joseph Wilson’s classified CIA report on the Iraq-Niger uranium claims (see March 4-5, 2002), Walton says, “I don’t see how this is relevant to the case.” Any focus on Wilson’s report would turn the trial into an inquiry on “statements the president made in the State of the Union (see Mid-January 2003 and 9:01 pm January 28, 2003). You want to try the legitimacy of us going to war.” [US District Court for the District of Columbia, 5/5/2006 pdf file; Bloomberg, 5/5/2006; Marcy Wheeler, 6/15/2006]
Defense: Libby Small Part of Larger White House Operation - Wells makes a statement that indicates he and his fellow attorneys intend to try to prove that Libby was indeed a small part of a much larger White House operation. He says: “It wasn’t just him [Libby]. He was involved in what was a multi-agency response. It was [sic] Office of the Vice President. It was the Office of the President.” Former prosecutor Christy Hardin Smith calls Wells’s statement a “‘Hello, Karl’ moment,” and notes that Wells is trying to go in at least two different directions: Libby’s memory is demonstrably faulty (see January 31, 2006) and he is being made into a White House scapegoat. Smith observes, “Team Libby is going to have a very tough time indeed if they are going to play such substantially adverse ends of the spectrum against each other at trial in order to raise reasonable doubt in the jurors’ minds.” [Christy Hardin Smith, 5/12/2006]
Author: Defense May Not Intend to Call Rove, Maneuvering for Materials Instead? - Author and blogger Marcy Wheeler, who is closely following the case, will later write that she is not at all sure that Libby’s lawyers really intend to call Rove as a defense witness. “But they seem awfully interested in getting all the materials relating, presumably, to Rove’s conversation with [columnist Robert] Novak (see July 14, 2003). They sure seem interested in knowing what Rove said, and whether they can make certain arguments without Rove refuting those arguments.” [Marcy Wheeler, 6/15/2006]

Entity Tags: Karl C. Rove, Christy Hardin Smith, Bush administration (43), Joseph C. Wilson, Theodore Wells, Reggie B. Walton, Marcy Wheeler, Executive Office of the President, Office of the Vice President, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Lewis Libby’s lawyers file a supplemental brief extending and reiterating their arguments in favor of compelling the CIA, the White House, and other government agencies to submit a vast array of classified documents for Libby’s defense (see December 14, 2005, January 9, 2006, January 23, 2006, January 31, 2006, (February 16, 2006), February 21, 2006, February 24, 2006, February 27, 2006, March 1, 2006, March 2-7, 2006, March 10, 2006, March 17, 2006, and April 5, 2006). The defense indicates it intends to call as witnesses the following government officials: former CIA spokesman Bill Harlow, former Deputy Secretary of State Richard Armitage, former Secretary of State Colin Powell, National Security Adviser Stephen Hadley, White House deputy chief of staff Karl Rove, former ambassador Joseph Wilson, and former CIA official Valerie Plame Wilson. To fairly prepare for their testimonies, the defense argues, it must be supplied with all pertinent documents, classified or not, relating to their involvement in the leak of Plame Wilson’s identity, Plame Wilson’s covert status, the White House’s efforts to bolster its arguments for the Iraq invasion, and the White House’s attempts to discredit Wilson as a believable critic of its policies. [US District Court for the District of Columbia, 5/12/2006 pdf file]

Entity Tags: Joseph C. Wilson, Bill Harlow, Bush administration (43), Colin Powell, Karl C. Rove, Stephen J. Hadley, Central Intelligence Agency, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Richard Armitage

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton issues a court order that withholds certain “extremely sensitive” classified documents from the Lewis Libby defense team. Walton writes that he “carefully reviewed” the requests from special counsel Patrick Fitzgerald and from the CIA to withhold the documents. The documents were provided to him ex parte and in camera, and Walton determined that they were irrelevant to the Libby defense efforts. Walton writes that the documents are “extremely sensitive and their disclosure could cause serious if not grave damage to the national security of the United States.” Walton has previously allowed other classified documents to be provided to Libby, and the CIA has provided documents requested by Libby that Walton has released to the defense (see December 14, 2005, January 9, 2006, January 20, 2006, January 23, 2006, January 23, 2006, January 31, 2006, (February 16, 2006), February 21, 2006, February 24, 2006. February 27, 2006, March 1, 2006, March 2-7, 2006, March 10, 2006, March 17, 2006, April 5, 2006, May 3, 2006, May 12, 2006, May 19, 2006, and June 2, 2006). Many of the documents provided to Libby are redacted versions or summaries of the classified documents he viewed during his morning intelligence briefings. [MSNBC, 8/18/2006] Former prosecutor Christy Hardin Smith, writing for the progressive blog FireDogLake, writes of Walton’s decision: “That there is material so sensitive in this case that Libby is not entitled to it at all… speaks volumes to me in terms of what was endangered by him and Karl Rove opening their yaps in order to exact some political payback and CYA for Dick Cheney and the Bush administration. Putting personal political fortune ahead of the security of the entire United States during a time of armed conflict to cover your bosses’ *sses for lying the nation into war? Now THAT is unpatriotic.” [Christy Hardin Smith, 8/19/2006]

Entity Tags: Lewis (“Scooter”) Libby, Central Intelligence Agency, Christy Hardin Smith, Reggie B. Walton, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton issues an order on the use of classified evidence in the Lewis Libby perjury and obstruction trial (see December 14, 2005, January 9, 2006, January 23, 2006, January 31, 2006, (February 16, 2006), February 21, 2006, February 24, 2006, February 27, 2006, March 1, 2006, March 2-7, 2006, March 10, 2006, March 17, 2006, April 5, 2006, May 12, 2006, May 19, 2006, June 2, 2006, and August 18, 2006). The order is largely procedural, acknowledging the deep divisions between the prosecution and the defense on the issue, and concluding “that the Federal Rules of Evidence and the restrictions they impose control whether information subject to CIPA [Classified Information Procedures Act] proceedings is admissible during a trial.” The order indicates that Walton is inclined to find at least somewhat in favor of the defense and may order many of the classified materials requested by the Libby defense team to be presented as evidence, leading the Associated Press to report “a victory to the defense” in the ruling. Walton also reminds prosecutor Patrick Fitzgerald that if his concerns about a possible breach of national security are that strong, he is free to stop the disclosure of classified information by dropping the charges against Libby (see After October 28, 2005, January 31, 2006, February 6, 2006, (February 16, 2006), and September 27, 2006). [US District Court for the District of Columbia, 9/21/2006 pdf file; MSNBC, 9/21/2006; Associated Press, 9/21/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton holds a hearing with prosecutors for special counsel Patrick Fitzgerald and representatives from Lewis Libby’s defense team on the issue of “graymail,” which Fitzgerald has alleged is a tactic being employed by Libby’s team (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)). “Graymail” is the attempt by one side in a court proceeding to derail the proceeding by insisting on the use of classified materials as evidence, and demanding mistrials or dropped charges if and when those classified materials are disallowed. Libby’s lawyers have privately and publicly implied that they will reveal national security secrets if the case actually goes to trial. The hearing, which is delayed because of a bomb threat, is the first of several hearings to be held on the subject. Fitzgerald wants to curtail the introduction of classified documents during the trial, while Libby’s lawyers want to introduce reams of classified documents into evidence (see May 10, 2006). Fitzgerald has argued repeatedly that many of the classified documents requested by Libby are irrelevant to the case at hand. Libby wants to introduce a number of highly classified presidential briefings to show his heavy and varied workload, as support for his defense that he was too overworked to testify accurately before the FBI (see October 14, 2003 and November 26, 2003) and Fitzgerald’s grand jury (see March 5, 2004 and March 24, 2004). Walton has already reminded Fitzgerald that he can dismiss the charges against Libby if he feels the upcoming trial will expose national security secrets. [MSNBC, 9/26/2006; Christy Hardin Smith, 9/27/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald files a status report in regards to defense requests for a wide array of classified documents and materials to be made available for the Libby trial (see December 14, 2005, January 9, 2006, January 23, 2006, January 31, 2006, (February 16, 2006), February 21, 2006, February 24, 2006, February 27, 2006, March 1, 2006, March 2-7, 2006, March 10, 2006, March 17, 2006, April 5, 2006, May 12, 2006, May 19, 2006, June 2, 2006, August 18, 2006, September 21, 2006, and September 22, 2006). Fitzgerald’s report indicates that he has presented the defense with redacted versions of many of the documents the lawyers have requested, and that he expects the defense to challenge some of the redactions. [US District Court for the District of Columbia, 10/18/2006 pdf file]

Entity Tags: Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton rules that the substitutions and summaries of classified materials special counsel Patrick Fitzgerald has proposed to be provided to the Lewis Libby defense team are inadequate. Libby has asked for a raft of classified materials (see December 14, 2005, January 9, 2006, January 20, 2006, January 23, 2006, January 23, 2006, January 31, 2006, (February 16, 2006), February 21, 2006, February 24, 2006, February 27, 2006, March 1, 2006, March 2-7, 2006, March 10, 2006, March 17, 2006, April 5, 2006, May 3, 2006, May 12, 2006, May 19, 2006, June 2, 2006, August 18, 2006, September 21, 2006, and September 22, 2006) to support his contention that he was so overwhelmed by work at the White House that his lies about his conversations with reporters concerning CIA official Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, Late Afternoon, July 12, 2003, and July 10 or 11, 2003) were “inadvertent and not the product of willful disinformation.” Observers are terming this Libby’s “memory defense” (see January 31, 2006). However, Walton rules that Libby will not have “free reign” to use whatever classified documents he or his lawyers see fit: his ruling “does not give the defendant ‘free reign’ over his testimony.” Walton writes, “He is alleging both that the volume of his work would have impacted his memory and that some of the information presented to him as the vice president’s national security adviser was so potentially catastrophic to the well-being of the country that the focus he had to devote to this information also impacted his memory.” Many observers, including Fitzgerald, believe Libby may be attempting to derail the prosecution by threatening to reveal sensitive national security details during his trial, a practice called “graymail” (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)). [MSNBC, 11/13/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

After ruling that the prosecution’s proposed summations and substitutions for classified documents requested by the defense are inadequate (see November 13, 2006), Judge Reggie Walton issues an order detailing how much classified evidence the Lewis Libby defense team may have access to in its preparations to defend its client against perjury and obstruction charges. It is up to the prosecution and defense lawyers to decide how much, or how little, of the classified materials to redact before presenting them in the trial. Prosecutor Patrick Fitzgerald has accused the Libby defense team of engaging in “graymail,” an attempt to derail the prosecution by threatening to reveal national security secrets (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)). Walton’s ruling is sealed, so it is unclear what will and will not be made available to Libby. [Associated Press, 11/15/2006] The public may learn of some of Walton’s ruling in December, when intelligence and national security agencies report back to him as to the status of the classified materials sought by Libby. Walton acknowledges that he has had to keep some information out of the public view, writing, “While this court has strived to make the proceedings in this action as transparent as possible, because the defendant seeks to introduce at trial evidence that is currently classified, this court has been required to close to the public may proceedings and seal a substantial number of pleadings.” [MSNBC, 11/16/2006] Walton will release his ruling, in redacted form (see December 1, 2006).

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

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton releases a heavily redacted, 38-page document containing his November 15, 2006 opinion about the release of classified documents on behalf of the Libby defense team (see November 15, 2006 and November 22, 2006). Material pertaining to the classified documents themselves is redacted from the document. According to Walton’s ruling, Lewis Libby wants to use 129 classified documents to bolster his contention that his systemic and widespread memory failures led him to misinform investigators about his role in exposing CIA official Valerie Plame Wilson (see January 31, 2006). According to the Associated Press, if Walton decides to bar the use of some or all of those classified documents, Libby’s lawyers could then ask for a dismissal of the case. “If the case goes forward and the evidence is allowed,” the AP writes, “the trial could offer a behind-the-scenes look at the White House in the early months of the war in Iraq.” Walton has said he has tried to balance national security concerns with Libby’s right to a fair trial (see November 15, 2006 and November 22, 2006). He has said that pre-approving classified evidence “requires a court to play the role of Johnny Carson’s character Carnac the Magnificent by requiring it to render rulings before knowing the exact context of how those rulings will coincide with other evidence that has actually been developed at trial.” Special counsel Patrick Fitzgerald has characterized Libby’s threat to reveal classified information during the trial “graymail” (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)). Libby’s defense will argue that Libby was absorbed by several major national security areas of concern during the time Plame Wilson was exposed: threats from Islamist terror groups, working with Homeland Security to bolster US defenses, countering the nuclear threat posed by Pakistani scientist A.Q. Khan (see Late February 1999) and North Korea, the Iranian threat, developing security in Iraq after the fall of the Saddam Hussein regime, Israeli-Palestinian relations, incidents between Iraq and Turkey, and the unrest in Liberia as it threatened the safety of the US Embassy in Monrovia. [US District Court of the District of Columbia, 12/1/2006 pdf file; Associated Press, 12/1/2006; MSNBC, 12/4/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton rules that former White House aide Lewis Libby’s lawyers will be restricted in how they present classified information during Libby’s perjury and obstruction trial. Prosecutors, led by special counsel Patrick Fitzgerald, have complained that Libby’s lawyers have made unreasonable demands for huge amounts of classified White House and other government documents, many of which are irrelevant, and have attempted to “graymail” the prosecution into dropping the charges against Libby for fear that the trial will reveal national security secrets (see After October 28, 2005, January 31, 2006, February 6, 2006, (February 16, 2006), and September 27, 2006). Libby says that his work with security issues such as terrorist threats and foreign nuclear programs caused him to inadvertently lie to the FBI (see October 14, 2003 and November 26, 2003) and to Fitzgerald’s grand jury (see March 5, 2004 and March 24, 2004), and he wants to present classified information during his trial to prove the extent of his workload. Walton rules that the substitutions and summaries Fitzgerald has provided to the Libby lawyers will allow Libby “substantially the same ability to make his defense as would disclosure of the specific classified information.” NBC News producer Joel Seidman, writing for MSNBC, reports that Walton’s ruling may spell the end of Libby’s attempts to derail the trial by the use of “graymail” (see After October 28, 2005, January 31, 2006, February 6, 2006, (February 16, 2006), and September 27, 2006). [Associated Press, 12/11/2006; MSNBC, 12/11/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Ordering 

Time period


Email Updates

Receive weekly email updates summarizing what contributors have added to the History Commons database

 
Donate

Developing and maintaining this site is very labor intensive. If you find it useful, please give us a hand and donate what you can.
Donate Now

Volunteer

If you would like to help us with this effort, please contact us. We need help with programming (Java, JDO, mysql, and xml), design, networking, and publicity. If you want to contribute information to this site, click the register link at the top of the page, and start contributing.
Contact Us

Creative Commons License Except where otherwise noted, the textual content of each timeline is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike