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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

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

In an article published in Foreign Affairs magazine, former CIA senior analyst Paul Pillar says that prewar-intelligence was misused by the administration to support its case for war. Pillar, the CIA’s national intelligence officer for the Near East and South Asia from 2000 to 2005, writes: “In the wake of the Iraq war, it has become clear that official intelligence analysis was not relied on in making even the most significant national security decisions, that intelligence was misused publicly to justify decisions already made.” The administration “went to war without requesting—and evidently without being influenced by—any strategic-level intelligence assessments on any aspect of Iraq.” According to Pillar, it was not until a year after the invasion that he first received a request for such an assessment. He also says that there was pressure on intelligence analysts to make their assessments conform to the administration’s policy, a claim that several others have made as well (see September 11, 2001-March 17, 2003; September 11, 2001-March 17, 2003). He describes a “poisonous atmosphere,” which “reinforced the disinclination within the intelligence community to challenge the consensus view about Iraqi WMD programs; any such challenge would have served merely to reaffirm the presumptions of the accusers.” Pillar also rejects the view that the administration went to war because of Iraq’s presumed ties to al-Qaeda. Rather the White House “hitch[ed] the Iraq expedition to the ‘war on terror’ and the threat the American public feared most, thereby capitalizing on the country’s militant post-9/11 mood.” Pillar suggests that the decision to go to war was instead driven by the idea that shaking up the Middle East would hasten the “spread of more liberal politics and economics in the region.” [CNN, 2/10/2006; Foreign Affairs, 3/2006]

Entity Tags: Bush administration (43), Paul R. Pillar

Timeline Tags: Events Leading to Iraq Invasion

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

Jaber Elbaneh.Jaber Elbaneh. [Source: Yahya Arhab / EPA / Corbi]Twenty-three suspected al-Qaeda operatives break out of a high-security prison in the Yemeni capital of Sana’a. Escapees include Jamal al-Badawi, wanted for a role in the bombing of the USS Cole (see October 12, 2000), and Jaber Elbaneh, a US citizen believed to be linked to the alleged al-Qaeda sleeper cell in Lackawanna, New York (see April-August 2001). The men allegedly tunnel their way from the prison to the bathroom of a neighboring mosque. However, the New York Times will later comment: “[T]hat account is viewed with great skepticism, both in the United States and in Yemen. Many in Yemen say the escape could not have taken place without assistance, whether from corrupt guards or through a higher-level plan.” [New York Times, 3/1/2008] The prison is located in the basement of the Political Security Organization (PSO), Yemen’s equivalent of the FBI. Several days later, a cable sent from the US embassy in Yemen notes “the lack of obvious security measures on the streets,” and concludes, “One thing is certain: PSO insiders must have been involved.” Newsweek comments: “[P]rivately, US officials say the plotters must have had serious—possibly high-level—help at the Political [Security Organization].…. [T]he head of the PSO, Ali Mutahar al-Qamish, is said to be under suspicion, according to two US officials.” [Newsweek, 2/13/2006] Al-Badawi and nine others escaped a Yemeni prison in 2003 and then were recaptured one year later (see April 11, 2003-March 2004). Al-Badawi and Elbaneh turn themselves in to the Yemeni government in 2007 and then are freed (see October 17-29, 2007 and February 23, 2008).

Entity Tags: Jamal al-Badawi, Ali Mutahar al-Qamish, Jaber Elbaneh, Yemeni Political Security Organization

Timeline Tags: Complete 911 Timeline

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

Two former CIA officials directly involved in producing intelligence estimates on Iran’s nuclear program (see August 2, 2005) say that the Bush administration’s policy of threatening to use military force against Iran is a driving force behind that nation’s pursuit of nuclear weapons. Iran is fearful of such an attack, the two officials say, and therefore wants nuclear weapons as a way to divert such a threat. Paul Pillar, who managed the writing of all NIEs on Iran from 2000 through 2005 as the national intelligence officer for the Near East and South Asia, says, “Iranian perceptions of threat, especially from the United States and Israel, were not the only factor, but were in our judgment part of what drove whatever effort they were making to build nuclear weapons.” Had the US tried to reassure Iran on its security fears, Pillar says, that would have had a significant effect on Iranian policies. Iran has made several diplomatic overtures to the US since 2003 (see May 4, 2003), Pillar says, that have not been reciprocated by the Bush administration. While Iran wishes to be the “dominant regional superpower” in the Middle East, the NIEs state, it is not pursuing that aspiration by means that would jeopardize the possibility of thawed relations with the US. According to Ellen Laipson, who managed several NIEs on Iran as national intelligence officer for the Near East from 1990 through 1993, and closely followed others as vice-chair of the National Intelligence Council from 1997 to 2002, says the Iranian fear of a US attack has long been “a standard element” in NIEs on Iran. Laipson is “virtually certain the estimates linked Iran’s threat perceptions to its nuclear program.” The 1991 Gulf War heightened fears of US attacks on Iran, Laipson says, and the recent belligerence of the Bush administration have again agitated Iran’s rulers. Iran’s 2002 listing as one of seven countries that might be targeted by US nuclear weapons, and President Bush’s 2002 naming of Iran as a member of the so-called “axis of evil” (see January 29, 2002), further heightened Iranian fears of a US strike. In return, Iran has tried to counterbalance that threat with the threat of its own nuclear weapons as well as attempts to shore up relations with the US. Non-proliferation expert Joseph Cirincione says that US attempts to ease Iran’s fears would go a long way to convincing Iran to give up its nuclear program. “No nation has ever been coerced into giving up a nuclear program,” Cirincione says, “but many have been convinced to do so by the disappearance of the threat.” He cites the examples of three former Soviet republics, Argentina, Brazil, South Africa, and Libya as nations who gave up their nuclear ambitions after fundamental international or internal changes eliminated the security threats that were driving their nuclear weapons programs. [Inter Press Service, 2/10/2006]

Entity Tags: George W. Bush, Bush administration (43), Central Intelligence Agency, Ellen Laipson, Paul R. Pillar, Joseph Cirincione, National Intelligence Council

Timeline Tags: US confrontation with Iran

The progressive Internet news site Washington Note writes a follow-up to the day’s revelation that the exposure of Valerie Plame Wilson’s identity as a covert CIA agent caused heavy damage to the CIA’s ability to monitor Iran’s nuclear weapons program (see February 13, 2006). The Note reports that, according to its source, Plame Wilson’s husband, former ambassador Joseph Wilson, included information about Iran’s nuclear program in the report from his 2002 trip to Niger (see February 21, 2002-March 4, 2002 and March 4-5, 2002). Note reporter Steve Clemons says he cannot be sure of the accuracy of the claim, “so please take the following with a grain of salt until further sourced.” Clemons describes his source as “[s]omeone with knowledge of the classified report that Joe Wilson ‘orally’ filed after his now famed investigative trip to Niger.” Wilson allegedly included two notes in his debriefing that related to Iran and its possible activities in Niger. Clemons writes that “various intelligence sources” speculate that if Iran was indeed attempting to acquire Nigerien uranium, it would be to avoid “the international intelligence monitoring of Iran’s domestic mining operations.” Wilson, according to the source, may have reported that Iran, not Iraq, tried to acquire 400 to 500 tons of Nigerien uranium (see Between Late 2000 and September 11, 2001). Clemons writes that the notes from Wilson’s Niger debriefing have been destroyed, making it much harder to verify the claims. [Washington Note, 2/13/2006]

Entity Tags: Valerie Plame Wilson, Central Intelligence Agency, Steve Clemons, Joseph C. Wilson

Timeline Tags: US confrontation with Iran, Niger Uranium and Plame Outing

The media learns that Attorney General Alberto Gonzales has withheld White House e-mails from special prosecutor Patrick Fitzgerald. If revealed, those e-mails may shed light on which White House officials were involved in leaking the identity of covert CIA agent Valerie Plame Wilson to a number of reporters. Sources close to the Fitzgerald investigation team say that the e-mails may have the potential to incriminate Vice President Dick Cheney, his aides, and/or other White House officials involved in leaking Plame Wilson’s identity to the press. The sources also say that Cheney, in his 2004 testimony before Fitzgerald’s prosecutors, may have lied when he said that neither he nor any of his aides were involved in the Plame Wilson leak, and the e-mails could prove that Cheney was dishonest in his testimony. The e-mails Gonzales is withholding contain references to Plame Wilson’s identity and CIA status, and information regarding the inability to find WMD in Iraq. They also contain suggestions as to how White House officials could respond to increasingly negative criticisms about their conduct of the war from Plame Wilson’s husband, Joseph Wilson. Gonzales, who was the senior White House counsel at the time of the leak, coordinated the White House’s response to the FBI’s investigation of the leak (see May 8, 2004); he and other White House attorneys spent two weeks screening e-mails turned over to his office by some 2,000 staffers. Gonzales told Fitzgerald in 2005 that he had no intention of turning over the e-mails, because they contained classified intelligence information about Iraq in addition to minor references to Plame Wilson. The sources say Gonzales cited “executive privilege” and “national security concerns” as the reasons for not turning over some of the correspondence. Fitzgerald believes that other e-mails were intentionally “shredded” or deleted by either Gonzales or other White House officials. Fitzgerald has informed the judge presiding over the investigation that e-mails from the offices of Cheney and President Bush have not been saved. In a letter to the defense team of former Cheney chief of staff Lewis Libby, Fitzgerald has written, “In an abundance of caution, we advise you that we have learned that not all e-mail of the Office of the 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.” [Truthout (.org), 2/15/2006] The Wall Street Journal will write that the e-mails have been in the Libby team’s possession since February 6 (see February 6, 2006).

Entity Tags: Executive Office of the President, Alberto R. Gonzales, Bush administration (43), Lewis (“Scooter”) Libby, Office of the Vice President, Patrick J. Fitzgerald, Richard (“Dick”) Cheney

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

Shortly after the press learns that White House counsel Alberto Gonzales has withheld White House e-mails from the Fitzgerald investigation (see February 15, 2006), the White House turns over some 250 pages of e-mails from Vice President Dick Cheney’s office. The e-mails were sent during the spring of 2003 by senior Cheney aides, and pertain to the leak of CIA official Valerie Plame Wilson’s covert identity to the press. Special counsel Patrick Fitzgerald reveals the “discovery” of the missing e-mails in court. According to reporter Jason Leopold, the contents of the e-mails are “explosive, and may prove that Cheney played an active role in the effort to discredit Plame Wilson’s husband, former ambassador Joseph Wilson, a vocal critic of the Bush administration’s pre-war Iraq intelligence.” According to Leopold’s sources, the e-mails could also prove that Cheney lied to FBI investigators when he was interviewed about the leak in early 2004 (see May 8, 2004). Cheney told investigators that he knew nothing of any effort to discredit Wilson or to expose his wife’s undercover status to reporters. However, the e-mails indicate that Cheney led an effort to discredit Wilson that began in March 2003, and used the CIA to dig up information on Wilson that could be used to dirty his reputation in the press (see March 9, 2003 and After). Some of the e-mails refer to Plame Wilson’s identity and CIA status, and reference the US military’s inability to find weapons of mass destruction in Iraq. The e-mails also contain suggestions from Cheney’s senior aides, and from staffers of the National Security Council, as to how the White House should respond to Wilson’s criticisms of the administration’s pre-war Iraq intelligence. Fitzgerald has been attempting to secure the “missing” e-mails since late January (see January 23, 2006). Gonzales is still refusing to turn over some of the e-mails, citing “executive privilege” and “national security” concerns. [Truthout (.org), 2/24/2006; Associated Press, 2/27/2006] On February 28, the Wall Street Journal will write that the e-mails have been in the Libby team’s possession since February 6, and that they contain nothing pertinent to the trial (see February 6, 2006).

Entity Tags: Joseph C. Wilson, Bush administration (43), Alberto R. Gonzales, Jason Leopold, Office of the Vice President, Patrick J. Fitzgerald, Valerie Plame Wilson, Richard (“Dick”) Cheney

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

Lawyers for indicted former White House official Lewis Libby (see October 28, 2005) move for the charges against their client to be dismissed, on the ground that special counsel Patrick Fitzgerald lacks the constitutional authority to bring such charges. The lawyers argue that Fitzgerald was improperly appointed by the Justice Department instead of by Congress (see December 30, 2003), and therefore no charges brought or evidence gathered by him and his office have any standing in the court. “Those constitutional and statutory provisions have been violated in this case,” Libby’s lawyers argue. Most legal observers doubt the motion will be granted. Former independent counsel Scott Fredericksen, who investigated Reagan-era scandals at the Department of Housing and Urban Development, says, “I think it’s a nice try, but I don’t give it much chance of success.” Legal experts say the Supreme Court ruled against a similar claim in 1998, in Morrison v. Olson. Government regulations clearly give the Justice Department the authority to appoint a special counsel when conflicts of interest within the department, or within the White House, make the normal procedures questionable. “The regulations that created the special counsel are safe from attack,” Fredericksen says. [Associated Press, 2/23/2006; US District Court for the District of Columbia, 2/23/2006 pdf file; Washington Post, 2/24/2006]

Entity Tags: Scott Fredericksen, Lewis (“Scooter”) Libby, US Department of Justice, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

In a court hearing, special counsel Patrick Fitzgerald argues that Valerie Plame Wilson’s identity as a covert CIA official (see Fall 1992 - 1996) is irrelevant to the perjury charges pending against former White House official Lewis Libby (see October 28, 2005). “We’re trying a perjury case,” Fitzgerald tells Judge Reggie Walton. Even if Plame Wilson had never worked for the CIA at all, Fitzgerald continues, even if she had been simply mistaken for a CIA agent, the charges against Libby would still stand. Furthermore, Fitzgerald tells Walton, he does not intend to offer “any proof of actual damage” caused by the disclosure of Plame Wilson’s identity. Libby’s defense lawyer Theodore Wells objects to Fitzgerald’s statement, saying that in the actual trial, Fitzgerald will likely tell the jury that the leak of Plame Wilson’s identity either damaged or could have damaged the CIA’s ability to gather critical intelligence (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, and February 13, 2006). Wells says he may call either Plame Wilson, her husband Joseph Wilson (see February 21, 2002-March 4, 2002), or both to testify in the case, as well as CIA employees. “I might call Ms. Wilson” to testify, he says. “I might call her husband. There are going to be CIA employees as witnesses in this.… Was she just classified because some bureaucracy didn’t declassify her five years ago when they should have?” Wells asks if Plame Wilson may have been “classified based on a piece of paper.” One anonymous source tells a National Review columnist: “She was definitely undercover by agency standards at the time in question. That was a classified bit of information, and is sufficient as far as the agency is concerned to bring it to the attention of the Justice Department. You can argue whether she should have been, but as far as the agency was concerned it was classified.” [National Review, 2/27/2006] In his statement to the court, Fitzgerald notes: “[T]he issue is whether [Libby] knowingly lied or not. And if there is information about actual damage, whatever was caused or not caused that isn’t in his mind, it is not a defense. If she turned out to be a postal driver mistaken for a CIA employee, it’s not a defense if you lie in a grand jury under oath about what you said and you told people, ‘I didn’t know he had a wife.’ That is what this case is about. It is about perjury, if he knowingly lied or not.” [Truthout (.org), 3/18/2006]

Entity Tags: Reggie B. Walton, Joseph C. Wilson, Lewis (“Scooter”) Libby, Theodore Wells, Patrick J. Fitzgerald, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Lawyers for indicted former White House official Lewis Libby (see October 28, 2005) say they intend to subpoena news reporters and organizations in defense of their client. Judge Reggie Walton, presiding over the upcoming trial, has yet to rule whether he will allow such subpoenas. Libby’s lawyers say they want to question journalists who have testified that they were the recipients of classified information from 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). Walton has set a deadline of April 7, 2006 for any subpoenaed journalists and news organizations to respond as to their intentions to testify in Libby’s trial. [NewsMax, 2/25/2006]

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

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 Al Haramain Islamic Foundation, a now-defunct Saudi Arabian charitable organization that once operated in Oregon, sues the Bush administration [Associated Press, 2/28/2006] over what it calls illegal surveillance of its telephone and e-mail communications by the National Security Agency, the so-called Terrorist Surveillance Program. The lawsuit may provide the first direct evidence of US residents and citizens being spied upon by the Bush administration’s secret eavesdropping program, according to the lawsuit (see December 15, 2005). According to a source familiar with the case, the NSA monitored telephone conversations between Al Haramain’s director, then in Saudi Arabia, and two US citizens working as lawyers for the organization and operating out of Washington, DC. The lawsuit alleges that the NSA violated the Foreign Intelligence Surveillance Act (see 1978), the US citizens’ Fourth Amendment rights, and the attorney-client privilege. FISA experts say that while they are unfamiliar with the specifics of this lawsuit, they question whether a FISA judge would have allowed surveillance of conversations between US lawyers and their client under the circumstances described in the lawsuit. Other lawsuits have been filed against the Bush administration over suspicions of illegal government wiretapping, but this is the first lawsuit to present classified government documents as evidence to support its contentions. The lawsuit alleges that the NSA illegally intercepted communications between Al Haramain officer Suliman al-Buthe in Saudi Arabia, and its lawyers Wendell Belew and Asim Ghafoor in Washington. One of its most effective pieces of evidence is a document accidentally turned over to the group by the Treasury Department, dated May 24, 2004, that shows the NSA did indeed monitor conversations between Al Haramain officials and lawyers. When Al Haramain officials received the document in late May, 2004, they gave a copy to the Washington Post, whose editors and lawyers decided, under threat of government prosecution, to return the document to the government rather than report on it (see Late May, 2004). [Washington Post, 3/2/2006; Washington Post, 3/3/2006] Lawyer Thomas Nelson, who represents Al Haramain and Belew, later recalls he didn’t realize what the organization had until he read the New York Times’s December 2005 story of the NSA’s secret wiretapping program (see December 15, 2005). “I got up in the morning and read the story, and I thought, ‘My god, we had a log of a wiretap and it may or may not have been the NSA and on further reflection it was NSA,’” Nelson will recall. “So we decided to file a lawsuit.” Nelson and other lawyers were able to retrieve one of the remaining copies of the document, most likely from Saudi Arabia, and turned it over to the court as part of their lawsuit. [Wired News, 3/5/2007]
Al Haramain Designated a Terrorist Organization - In February 2004, the Treasury Department froze the organization’s US financial assets pending an investigation, and in September 2004, designated it a terrorist organization, citing ties to al-Qaeda and alleging financial ties between Al Haramain and the 1998 bombings of two US embassies in Africa (see 10:35-10:39 a.m., August 7, 1998). The organization was disbanded by the Saudi Arabian government in June 2004 and folded into an “umbrella” private Saudi charitable organization, the Saudi National Commission for Relief and Charity Work Abroad (see March 2002-September 2004). In February 2005, the organization was indicted for conspiring to funnel money to Islamist fighters in Chechnya. The charges were later dropped. [US Treasury Department, 9/9/2004; Washington Post, 3/2/2006] The United Nations has banned the organization, saying it has ties to the Taliban. [United Nations, 7/27/2007]
Challenging Designation - In its lawsuit, Al Haramain is also demanding that its designation as a terrorist organization be reversed. It says it can prove that its financial support for Chechen Muslims was entirely humanitarian, with no connections to terrorism or violence, and that the Treasury Department has never provided any evidence for its claims that Al Haramain is linked to al-Qaeda or has funded terrorist activities. [Associated Press, 8/6/2007] The lawsuit also asks for $1 million in damages, and the unfreezing of Al Haramain’s US assets. [Associated Press, 8/5/2007]
Administration Seeks to Have Lawsuit Dismissed - The Bush administration will seek to have the lawsuit thrown out on grounds of national security and executive privilege (see Late 2006-July 2007, Mid-2007).

Entity Tags: Wendell Belew, Suliman al-Buthe, Taliban, Washington Post, United Nations, Saudi National Commission for Relief and Charity Work Abroad, US Department of the Treasury, National Security Agency, Thomas Nelson, Foreign Intelligence Surveillance Act, Al Haramain Islamic Foundation, Al-Qaeda, Al Haramain Islamic Foundation (Oregon branch), Foreign Intelligence Surveillance Court, Asim Ghafoor, Bush administration (43)

Timeline Tags: Civil Liberties

Sam Karmilowicz, a former security officer at the US embassy in Manila, suggests in an interview with CounterPunch magazine, that US intelligence may have failed to properly follow leads in a counterterrorism case because of a potential link to Pakistani intelligence. In September 1994, Karmilowicz allegedly received information that a Pakistani businessman with possible ties to the ISI was part of a plot to assassinate President Clinton during his November 1994 visit to Manila (see September 18-November 14, 1994). An interagency US security team that was tasked with investigating the tip ended its investigation after only a few weeks. “My experience in the Philippines shows the US government has compartmentalized information… in order to cover-up its gross incompetence or its complicity in illegal and questionable activities conducted by, or against, foreign powers,” Karmilowicz says. [CounterPunch, 3/9/2006]

Entity Tags: Sam Karmilowicz, US intelligence

Timeline Tags: Complete 911 Timeline

Former ambassador Joseph Wilson, still embroiled in controversy over his attempts to disprove the Bush administration’s claims that Iraq had attempted to purchase uranium from Niger (see February 21, 2002-March 4, 2002 and July 6, 2003), attends the National Day festivities in Morocco. While standing alone, he is approached by an American who identifies himself as a “leading member of the Washington evangelical movement.” Wilson expects to be reviled and lambasted, as has happened so many times before during his encounters with members of the Christian right. Instead, the man grasps his hand and whispers, “You should know that there are many of us that support you.” A surprised Wilson asks why, and the man replies, “[B]ecause we believe in truth, and we know that this government has lied.” [Wilson, 2007, pp. 174-175] Wilson will not identify the evangelical; it is not clear that he knows the man’s identity.

Entity Tags: Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton orders the CIA to turn over some of the highly classified intelligence briefings to the Lewis Libby defense team that it has requested (see March 2-7, 2006). Walton rejects CIA arguments that disclosure of the Presidential Daily Briefings (PDBs) would be detrimental to national security. He says the agency can either delete highly classified material from the briefings, or provide “topic overviews” of the matters covered in them. “It is unlikely that this court would permit anything other than the general topic areas of these documents to be introduced at trial,” he writes. “The defendant does not need the explicit details of the intelligence documents he desires to obtain. The general topics of the documents would provide the defendant exactly the information he seeks, listings of the pressing matters presented to him during the times relevant to the case.” Walton only grants 46 days’ worth of the PDBs, instead of the nine months’ worth the defense had originally asked for (see December 14, 2005). He also orders the CIA to give Libby an index of the topics covered in follow-up questions that the former White House aide asked intelligence officers who conducted the briefings. [Associated Press, 3/10/2006; US District Court for the District of Columbia, 3/10/2006 pdf file; US District Court for the District of Columbia, 3/10/2006 pdf file; New York Times, 3/11/2006] Criminal defense attorney Jeralyn Merritt writes: “These documents most likely will never be seen by us or the jury. They are to assist Libby with refreshing his memory.” [Jeralyn Merritt, 3/10/2006]

Entity Tags: Central Intelligence Agency, Reggie B. Walton, Jeralyn Merritt, 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

The Libby defense team files a motion asking the court to disallow the prosecution to present classified information to Judge Reggie Walton without the defense’s presence. Special counsel Patrick Fitzgerald intends to argue that certain classified information is not pertinent to the defense of accused perjurer Lewis Libby, and wants to share that information with Walton, but not with Libby’s lawyers. Fitzgerald has argued that the information must be kept secret in order to protect national security, an argument that Libby’s lawyers say “rings hollow.” They tout Libby, who leaked classified information to reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003), as someone who “has diligently protected some of this country’s most sensitive secrets throughout his many years of public service.” Fitzgerald has noted that an underlying criminal charge against Libby is the failure to adequately safeguard sensitive classified information. Walton has already ordered the government to turn over some classified information to the defense (see March 10, 2006). [Associated Press, 3/15/2006; US District Court for the District of Columbia, 3/15/2006 pdf file] Former state prosecutor Christy Hardin Smith observes that Libby has already violated his nondisclosure agreement against revealing classified information, and writes: “By breaking the law and releasing sensitive national security information, Scooter Libby forfeited his privilege of clearance—any presumption that he had the integrity to protect the nation’s secrets is gone. He is being treated like any other defendant in this situation—and who he worked for and how high his friends go in the government ought not matter one whit.” [Christy Hardin Smith, 3/16/2006]

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

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

Zacarias Moussaoui claimed that Richard Reid (above) was to have helped him hijack a fifth plane on 9/11.Zacarias Moussaoui claimed that Richard Reid (above) was to have helped him hijack a fifth plane on 9/11. [Source: Mirrorpix(.com)]Against the will of his defense attorneys, Zacarias Moussaoui takes the stand at his trial (see March 6-May 4, 2006) and claims that he was supposed to fly a fifth plane on 9/11. He says the plane would have targeted the White House and one of the muscle hijackers would have been shoe-bomber Richard Reid (see December 22, 2001). However, he claims not to have known the details of the other hijackings, only that the WTC would be hit. He does not mention any other collaborators aside from Reid, who has already been sentenced to a long prison term. When the prosecution asks him whether he lied to FBI investigators so the plan could go forward he replies, “That’s correct.” An Associated Press expert calls this, “a stunning revelation that would help prosecutors rather than him.” [Associated Press, 3/27/2006] In what the New York Times calls a “bizarre moment,” the defense team, aware of the damage this admission could do, subject Moussaoui to tough questioning and the chief prosecutor objects that one of the defense attorneys is badgering his own client. [New York Times, 4/17/2006]
Uncertainty over Fifth Jet - There is some dispute over whether Moussaoui was indeed to have flown a fifth plane (see January 30, 2003 and Before 2008). Following the testimony, the defense reads statements made by al-Qaeda leaders who are in custody, but are not permitted to testify at the trial (see May 14, 2003 and March 22, 2005). The statements say that Moussaoui was not part of 9/11, but a follow-up operation. [Associated Press, 3/28/2006; US District Court for the Eastern District of Virginia, 7/31/2006 pdf file] However, these statements were obtained using torture (see June 16, 2004). The government later concedes that there is no evidence linking Richard Reid to 9/11. [Associated Press, 4/20/2006]
"Complete Fabrication" - Moussaoui had denied being part of 9/11 before the trial (see April 22, 2005). By the end of the trial he will do so again, calling the confession he makes on this day “a complete fabrication.” [Associated Press, 5/8/2006]

Entity Tags: Zacarias Moussaoui, Richard C. Reid

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In an interview, Vice President Cheney says, “We had one report early on from another intelligence service that suggested that the lead hijacker, Mohamed Atta, had met with Iraqi intelligence officials in Prague, Czechoslovakia. And that reporting waxed and waned where the degree of confidence in it, and so forth, has been pretty well knocked down now at this stage, that that meeting ever took place. So we’ve never made the case, or argued the case that somehow [Saddam Hussein] was directly involved in 9/11. That evidence has never been forthcoming. But there—that’s a separate proposition from the question of whether or not there was some kind of a relationship between the Iraqi government, Iraqi intelligence services and the al-Qaeda organization.” [White House, 3/29/2006] This is a reversal for Cheney, who strongly argued that the meeting took place, even after most experts concluded that it did not (see June 17, 2004).

Entity Tags: Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion

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 counsel Patrick Fitzgerald responds to the Lewis Libby defense team’s third motion to compel the discovery of a huge number of classified documents (see March 17, 2006), including Presidential Daily Briefings, the October 2002 National Intelligence Estimate on Iraq (see October 1, 2002), and a raft of CIA documents. Judge Reggie Walton has already allowed the discovery of some of the requested documents (see March 10, 2006). Fitzgerald writes that Libby is seeking “nearly every document generated by four large executive branch entities relating to Ambassador Joseph Wilson’s trip to Niger” (see February 21, 2002-March 4, 2002), and notes that such a request is overly broad, unnecessary for a perjury defense, and relies on an incorrect reading of the law. The request, Fitzgerald writes, “is premised on relevance arguments which overlook the fact that defendant is charged with perjury, not a conspiracy to commit various other crimes.” Hence the requsted documents go “far beyond the scope of what is relevant to the charges contained in the indictment.” [US District Court for the District of Columbia, 4/5/2006 pdf file; New York Sun, 4/7/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Representative Henry Waxman (D-CA), the ranking minority member of the House Oversight Committee, writes a letter to President Bush requesting a “full accounting” of two events that raise the question of whether the White House engaged in what Waxman calls “a systematic abuse of the national security classification process for political purposes.” Waxman is referring to recent press reports that Bush, through Vice President Dick Cheney, authorized former White House official Lewis Libby to leak classified information to reporters “in order to blunt criticism from former ambassador Joe Wilson about your improper use of intelligence in the run-up to war” (see April 5, 2006). He is also referring to recent allegations that Bush and his administration officials failed to alert the public that months before the March 2003 invasion of Iraq, they knew that claims of Iraqi nuclear weapons were likely false. Waxman asks for a full accounting of these matters, and for the declassification of the President’s Summary of the October 2002 National Intelligence Estimate (see October 1, 2002). [House Committee on Oversight and Government Reform, 4/6/2006] It is unclear whether Waxman ever receives a reply to his letter.

Entity Tags: Henry A. Waxman, George W. Bush, House Committee on Oversight and Government Reform, Richard (“Dick”) Cheney, Joseph C. Wilson, Bush administration (43)

Timeline Tags: Civil Liberties, 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

The Washington Post’s editorial staff, led by editor Fred Hiatt, pens an op-ed defending President Bush’s decision to selectively leak classified information (see June 19 or 20, 2003, June 27, 2003, July 2, 2003, July 6-10, 2003, 7:35 a.m. July 8, 2003, July 10, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, Late Afternoon, July 12, 2003, July 14 or 15, 2003, and July 17, 2003) from a 2002 National Intelligence Estimate on Iraq (NIE—see October 1, 2002). Apparently the editorial is in response to recent information from special counsel Patrick Fitzgerald that shows Bush and Vice President Dick Cheney deliberately released selected classified information to manipulate public perceptions about the Iraq war (see April 5, 2006, and April 9, 2006). The Post says that a sitting president has the authority to declassify classified information, and Bush did so “in order to make clear why he had believed that Saddam Hussein was seeking nuclear weapons.” It calls the leaking of the information to a variety of press sources “clumsy,” and says the handling of the information exposed Bush “to the hyperbolic charges of misconduct and hypocrisy that Democrats are leveling.” The Post says that nothing was illegal or untoward about Cheney’s method of releasing the information—authorizing his chief of staff, Lewis Libby, to leak the information to New York Times reporter Judith Miller—instead of the usual methodology of officially declassifying the information and then sharing it with the press in a briefing. But Cheney’s actions, the Post says, made “Bush look foolish” when he “subsequently denounced a different leak in the same controversy and vow[ed] to ‘get to the bottom’ of it.” The Post turns its focus onto former ambassador Joseph Wilson, accusing him of lying about his conclusions that Niger had not attempted to sell Iraq any uranium (see July 6, 2003), and saying that the White House made no attempts to smear or discredit him (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). The Post also reiterates the disproven claim that Wilson was sent to Niger by his wife, outed CIA official Valerie Plame Wilson (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). [Washington Post, 4/9/2006]
Similar Editorials from Three Other Publications - The New York Post, National Review, and Wall Street Journal ran very similar editorials in the days before the Washington Post editorial. [New York Post, 4/7/2006; National Review, 4/8/2006; Wall Street Journal, 4/8/2006]
Post News Report Contradicts Editorial - The same day that the Post publishes the editorial, it also prints an article by veteran reporters Barton Gellman and Dafna Linzer that documents an extensive White House effort to besmirch Wilson’s credibility. The reporters write: “Fitzgerald wrote that Cheney and his aides saw Wilson as a threat to ‘the credibility of the vice president (and the president) on a matter of signal importance: the rationale for the war in Iraq.’ They decided to respond by implying that Wilson got his CIA assignment by ‘nepotism.’” [Washington Post, 4/9/2006]
'BushCo Propaganda' - Author and film producer Jane Hamsher, who runs the liberal blog FireDogLake, calls the Post editorial “an unmitigated piece of BushCo. propaganda” and devotes a considerable amount of space to challenging the editorial’s assertions. [Jane Hamsher, 4/9/2006]

Entity Tags: Judith Miller, George W. Bush, Fred Hiatt, Dafna Linzer, Barton Gellman, Joseph C. Wilson, Washington Post, Richard (“Dick”) Cheney, Patrick J. Fitzgerald, Jane Hamsher, National Review, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Wall Street Journal, New York Post

Timeline Tags: Niger Uranium and Plame Outing

Former Secretary of State Colin Powell tells reporter Robert Scheer that neither he nor any of the State Department’s top experts believed that Iraq ever posed an imminent nuclear threat, contrary to the statements of President Bush, Vice President Dick Cheney, and other top White House officials. Powell says that Bush followed the advice of Cheney and the CIA (see October 1, 2002) in making the claim (see Mid-January 2003 and 9:01 pm January 28, 2003) and taking the country to war in Iraq. Scheer asks Powell why, in light of the State Department’s own intelligence bureau correctly concluding that the claims that Iraq attempted to buy uranium from Niger were false (see March 1, 2002, March 4, 2002, Mid-October 2002, and January 12, 2003), Bush ignored that information in making his case for war? Powell responds: “The CIA was pushing the aluminum tube argument heavily (see March 7, 2003) and Cheney went with that instead of what our guys wrote. That was a big mistake. It should never have been in the speech. I didn’t need [former ambassador Joseph] Wilson to tell me that there wasn’t a Niger connection. He didn’t tell us anything we didn’t already know. I never believed it” (see January 26, 2003). Powell adds that the responsibility for pressing the argument that Iraq was a nuclear threat was not Bush’s; rather, “That was all Cheney.” In his article, Scheer asks, “Why was this doubt, on the part of the secretary of state and others, about the salient facts justifying the invasion of Iraq kept from the public until we heard the truth from whistle-blower Wilson, whose credibility the president then sought to destroy?” [Truthdig, 4/11/2006]

Entity Tags: Robert Scheer, Bush administration (43), Central Intelligence Agency, Richard (“Dick”) Cheney, Colin Powell, US Department of State, Joseph C. Wilson, George W. Bush

Timeline Tags: Events Leading to Iraq Invasion

A former senior government official says that President Bush’s selective declassification of portions of the National Intelligence Estimate (NIE—see October 1, 2002) for political purposes (see April 5, 2006), as testified to by Lewis Libby (see March 5, 2004 and March 24, 2004), was a misuse of the classification process for political reasons. Bush and his top officials released certain sections of the NIE to journalists (see 8:30 a.m. July 8, 2003) in an attempt to bolster their arguments in favor of invading Iraq, yet concealed other sections that showed how they misrepresented intelligence to suit their arguments. The former senior official says that the selective declassification was intertwined with the attempts to besmirch the reputation of war critic Joseph Wilson: “It was part and parcel of the same effort, but people don’t see it in that context yet.” The identify of the official is unstated. [National Journal, 4/6/2006] In 2007, Wilson’s wife, current senior CIA case officer Valerie Plame Wilson, will write that she experiences “a rush of relief” upon reading a New York Times story that reveals the “selective declassification” and the Times’s conclusion that “[i]t is hard to conceive of what evidence there could be that would disprove the existence of White House efforts to punish Wilson” (see April 5, 2006). [Wilson, 2007, pp. 244]

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

Timeline Tags: Niger Uranium and Plame Outing

Lewis Libby’s defense team files a response to special counsel Patrick Fitzgerald’s rejection of its demands for more classified documents (see April 5, 2006).
Defense Lawyers Intend to Subpoena Wilson, White House Officials - In the filing, Libby’s lawyers indicate that they intend to call for testimony a number of people involved in the Plame Wilson leak, including former ambassador Joseph Wilson (see February 21, 2002-March 4, 2002 and July 6, 2003), White House political strategist Karl Rove (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003), State Department official Marc Grossman (see June 10, 2003), 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), and former CIA Director George Tenet (see June 11 or 12, 2003, July 11, 2003 and 3:09 p.m. July 11, 2003). The defense would consider Wilson a “hostile witness” if they indeed subpoena his testimony. Many of these potential witnesses were also disclosed by the Libby team a month earlier (see March 17, 2006).
Limiting Document Requests - The defense also agrees to limit its future document requests “to documents that are currently in the actual possession of the OSC [Office of Special Counsel] or which the OSC knows to exist.”
Libby Claims No Memory of Key Conversation - Libby’s lawyers also assert that Libby remembers nothing of conversations he had with Grossman, in which Grossman has testified that he told Libby of Valerie Plame Wilson’s CIA status (see May 29, 2003, June 10, 2003, 12:00 p.m. June 11, 2003, and October 17, 2003). [US District Court for the District of Columbia, 4/12/2006 pdf file; Truthout (.org), 4/14/2006] However, sources close to the case say that “a half-dozen witnesses” have testified as to the accuracy of Grossman’s claims. A former State Department colleague of Grossman’s says: “It’s not just Mr. Grossman’s word against Mr. Libby’s. There were other people present at the meeting at the time when Mr. Grossman provided Mr. Libby with details about Ms. Plame’s employment with the agency. There is an abundance of evidence Mr. Fitzgerald has that will prove this.” Investigative reporter Jason Leopold observes: “The meeting between Libby and Grossman is a crucial part of the government’s case against Libby. It demonstrates that Libby knew about Plame Wilson a month or so before her name was published in a newspaper column and proves that Libby lied to the grand jury when he testified that he found out about Plame Wilson from reporters in July 2003.” [Truthout (.org), 4/14/2006]

Entity Tags: Karl C. Rove, Ari Fleischer, Joseph C. Wilson, George J. Tenet, Jason Leopold, Patrick J. Fitzgerald, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Marc Grossman

Timeline Tags: Niger Uranium and Plame Outing

Lawyers for indicted White House official Lewis “Scooter” Libby tell reporters that their client did not testify that either President Bush or Vice President Dick Cheney authorized him to disclose the identify of then-CIA agent Valerie Plame Wilson to reporters. After recent court filings by special prosecutor Patrick Fitzgerald revealed that Libby had testified about being authorized to disclose classified information to reporters by Bush and Cheney (see April 5, 2006), many reporters, pundits, and Internet bloggers have speculated that Libby was authorized by Bush and Cheney to reveal Plame Wilson’s identity. Libby’s lawyers say he never mentioned Plame Wilson’s name in conversations with reporters, and therefore never took part in a campaign to besmirch the reputation of her husband, former ambassador Joseph Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). The assertion is contradicted by several reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). Fitzgerald has asserted that Libby revealed Plame Wilson’s identity as a covert CIA agent in order to allege that she sent her husband to Niger to debunk the tales of Iraqi attempts to buy Nigerien uranium “on account of nepotism” (see April 5, 2006). [Washington Post, 4/13/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

A news article by the New York Sun claims that a June 2003 memo from then-Undersecretary of State Marc Grossman never indicated that Valerie Plame Wilson was a covert CIA official, or that her status was classified in any way (see June 10, 2003 and July 20, 2005). (Contrary to the Sun’s reporting, Plame Wilson was a NOC—a “non-official cover” agent—the most covert of CIA officials; see Fall 1992 - 1996, July 22, 2003, and September 30, 2003). The Sun bases its report on a declassified version of a memo provided to it through the Freedom of Information Act. The memo was drafted by the State Department’s head of its intelligence bureau, Carl Ford Jr., in response to inquiries by Grossman. Grossman sent the memo to various White House officials, including the then-chief of staff for Vice President Dick Cheney, Lewis Libby. Previous news reports have indicated that the memo was notated to indicate that the information it contained was classified and should not be made public, but according to the Sun, the paragraph identifying Plame Wilson as a CIA official was not designated as secret, while the other paragraphs were. Robert Luskin, the lawyer for White House deputy chief of staff Karl Rove, says the memo proves that neither Libby, Rove, nor any other White House official broke any laws in revealing Plame Wilson’s CIA status. The Sun also asserts that the memo proves Plame Wilson was responsible for sending her husband, Joseph Wilson, to Niger to find the truth behind claims that Iraq was trying to clandestinely purchase Nigerien uranium, an assertion Wilson calls “absolutely inaccurate” (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). [New York Sun, 4/17/2006] The CIA requested that Plame Wilson’s identity not be divulged (see (July 11, 2003) and Before July 14, 2003), and the agency as well as former officials have acknowledged that the damage done by the disclosure of Plame Wilson’s covert CIA status was “severe” (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).

Entity Tags: New York Sun, Central Intelligence Agency, Carl W. Ford, Jr., Joseph C. Wilson, Karl C. Rove, Robert Luskin, US Department of State, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Marc Grossman

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

William Jeffress, one of Libby’s lawyers.William Jeffress, one of Libby’s lawyers. [Source: Life]The legal team for accused felon Lewis Libby admits to twice leaking information to the media (see April 12, 2006). The admissions are included in a filing submitted by Libby’s lawyers in response to Judge Reggie Walton’s threat to issue a gag order (see April 13, 2006). The threatened gag order was in response to multiple press leaks emanating from “unnamed sources” involved in the Libby trial. Libby’s lawyers oppose the proposed gag order, which would dramatically curtail the lawyers’ ability to speak to reporters about the legal proceedings; special prosecutor Patrick Fitzgerald says he has no opinion on a gag order because his office does not talk to the media anyway. Libby’s lawyers acknowledge leaking two documents: Fitzgerald’s “correction” letter to an earlier statement implying that Libby had mischaracterized some of the elements of the 2002 National Intelligence Estimate (see October 1, 2002) to reporter Judith Miller, and information given to a Washington Post reporter to correct what lawyer William Jeffress believed was a misunderstanding on that reporter’s part that might have resulted in erroneous information being reported.
First Leak - Libby’s lawyers say they released the Fitzgerald letter to the press “in good faith,” and do not believe the release goes against the court’s earlier restrictions on making information public. They write: “When we received the letter, we assumed that the government wanted to correct the public record. We thought the government was motivated to file the letter because the government had realized that the erroneous sentence in its brief was responsible for spawning false news reports and wholly unjustified conjecture about possible misdeeds by Mr. Libby and his superiors. Nothing about the letter indicated that it was not to be disclosed publicly. It was not designated as confidential under the protective order in this case, and it did not contain any classified information.… When we received the letter, we simply assumed that it was a public filing that was intended to be entered in the public docket, because we believed its sole purpose was to correct inaccurate statements in a publicly filed brief. Accordingly, we swiftly disseminated it to the media—without any public statements by defense counsel—for the purpose of preventing the publication of any additional incorrect reports that Mr. Libby, the president, and/or the vice president had lied to the press and the public.” The lawyers deny releasing the letter for any “tactical advantage or for any other improper purpose.”
Second Leak - Jeffress spoke with one of two Washington Post reporters, R. Jeffrey Smith or Jim VandeHei. The reporter apparently misunderstood the content of an argument in an earlier legal brief, and called Libby’s legal team to discuss the brief. The reporter intended to file a report showing that Fitzgerald’s evidence undermined Libby’s contention that no one in the Bush White House was overly concerned with the criticisms 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, October 1, 2003, April 5, 2006, and April 9, 2006). Jeffress’s intent, he tells Judge Walton, was merely to ensure that the Post published an accurate news report that did not misconstrue the legal brief. Again, Jeffress says that he intended to gain no “tactical advantage” or “to interfere with a fair trial or otherwise prejudice the due administration of justice.” He was, he asserts, merely concerned that such an inaccurate report “would have been unfairly prejudicial to Mr. Libby.”
Convincing Arguments? - Criminal lawyer Jeralyn Merritt, writing for the blog TalkLeft, says that she finds the rationales for the two leaks convincing, and doubts that Judge Walton will issue any gag order. [Jeralyn Merritt, 4/21/2006; US District Court for the District of Columbia, 4/21/2006 pdf file; US District Court for the District of Columbia, 4/21/2006 pdf file; US District Court for the District of Columbia, 4/21/2006 pdf file]
Not the Only Press Leaks? - Author and blogger Marcy Wheeler, who has covered the trial since before it started, contends that Libby’s team is trying to imply that these two leaks are the only ones it has made. She strongly disagrees with this implication, and says that while there is no way to know what, if any, information the Libby team has leaked to the press besides these two incidents, the entire trial is about carefully orchestrated press leaks and Libby’s perjury about said leaks, and says she doubts the Libby team’s contention that they have not leaked other information to any members of the press. [Marcy Wheeler, 4/22/2006]

Entity Tags: Jeralyn Merritt, Jim VandeHei, Lewis (“Scooter”) Libby, Bush administration (43), Marcy Wheeler, Judith Miller, William Jeffress, Patrick J. Fitzgerald, Joseph C. Wilson, R. Jeffrey Smith, Washington Post, Reggie B. Walton

Timeline Tags: Niger Uranium and Plame Outing

CBS’s 60 Minutes airs a half-hour interview with Italian journalist Elisabetta Burba, the first reporter to obtain the now-infamous forged documents that purported to show that Iraq attempted to buy uranium from Niger (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). The now-defunct 60 Minutes II had planned to show the segment just before the November 2004 elections, but questions from right-wing bloggers and commentators about another 60 Minutes II segment—one that showed President Bush did not fulfill his Texas Air National Guard duties during the Vietnam War—led CBS executives to pull the segment (see Late September 2004). [Newsweek, 9/23/2004; Rich, 2006, pp. 142-143; CBS News, 4/23/2006] CBS News president Andrew Heyward refused to air the story during the last week of September 2004, saying it would be “inappropriate” to air it during the last weeks of the 2004 presidential election campaign. Media observer Mary Jacoby says the CBS report contains little new information, but “is powerfully, coherently, and credibly reported.” She calls CBS “cowardly” for not airing the segment when it was originally scheduled. [Salon, 9/29/2004] Author Jane Hamsher, the owner of the progressive blog FireDogLake, writes that the 60 Minutes segment is “a simple, direct narrative that will reach millions of Americans and let them know that they have been duped.” The segment does not delve into the outing of CIA official Valerie Plame Wilson, staying strictly with the Iraq-Niger uranium claims, and, she writes, demonstrates that the officially sanctioned “investigations” into the claims were little more than “partisan hatchet jobs.” [Jane Hamsher, 4/23/2006]

Entity Tags: Valerie Plame Wilson, Mary Jacoby, George W. Bush, CBS News, Andrew Heyward, Jane Hamsher, Elisabetta Burba

Timeline Tags: Niger Uranium and Plame Outing

Karl Rove discusses his testimony with his lawyers outside the grand jury chambers.Karl Rove discusses his testimony with his lawyers outside the grand jury chambers. [Source: CNN / ThinkProgress]White House deputy chief of staff Karl Rove testifies before special prosecutor Patrick Fitzgerald’s grand jury for a fifth time. Rove partially waives his attorney-client privilege with his attorney, Robert Luskin, to allow Luskin to testify about conversations he had with Rove concerning Rove’s knowledge of the leak of CIA agent Valerie Plame Wilson’s identity. Rove is also questioned extensively about the contradictions between his previous testimony and the testimony of Time reporter Matthew Cooper regarding Rove and Cooper’s July 2003 conversation about Plame Wilson (see 11:00 a.m. July 11, 2003), and his conversations with conservative columnist Robert Novak (see July 8, 2003, July 8 or 9, 2003, and July 14, 2003). [Washington Post, 4/27/2006; National Journal, 4/28/2006; Washington Post, 7/3/2007] According to Luskin, Rove “indirectly” confirmed Plame Wilson’s CIA status to Novak. [Washington Post, 7/15/2006]
Changing Stories - Rove is asked how he learned of Plame Wilson’s CIA status, and the circumstances surrounding his leaking of that information to Cooper. Rove tells the jury that when he told Cooper that Plame Wilson was a CIA agent, he was merely passing along unverified gossip. Cooper has testified that Rove told him that Plame Wilson was a CIA agent, and that she played a role in sending her husband, Joseph Wilson, on a fact-finding mission to Niger in 2002 (see February 21, 2002-March 4, 2002). Cooper has testified that both Rove and Lewis Libby, the former chief of staff for Vice President Dick Cheney, portrayed the information about Plame Wilson as definitive. It was because of their definitive statements, Cooper testified, that he identified Plame Wilson in a July 2003 story for Time (see July 17, 2003). In his first interview by the FBI, Rove failed to tell the investigators that he had talked to Cooper at all (see October 8, 2003); he again failed to disclose the conversation during his early appearances before the grand jury (see February 2004). Later, Rove testified that he did indeed speak with Cooper, and that his earlier failures to disclose the information were due to lapses in his memory (see October 15, 2004). In his fourth appearance before the grand jury, Rove testified that he revealed Plame Wilson’s identity to the reporter (see October 14, 2005), a recollection prompted by the discovery of an e-mail Rove sent to then-Deputy National Security Adviser Stephen Hadley soon after his leak to Cooper (see March 1, 2004). Rove has also testified that he learned of Plame Wilson’s CIA status from a journalist or journalists, a claim strongly contradicted by evidence. He has said in previous testimony that he may have learned of Plame Wilson’s identity from Novak, who outed Plame Wilson in a July 2003 column (see July 14, 2003). Novak, however, has testified that he learned of Plame Wilson’s identity from Libby and Rove. A person with first-hand knowledge of the grand jury proceedings will later comment, “If you believe both of them, Novak was saying that Rove was his source, and Rove was saying that Novak was his source.” [Washington Post, 4/27/2006; National Journal, 4/28/2006] Rove says that he still doesn’t remember talking to Cooper, though he does not dispute the e-mail he sent to Hadley. [Bloomberg, 4/28/2006] He argues that it would have been foolish for him to attempt to lie to the FBI and to the grand jury, because he knew that whatever lies he might have chosen to tell would have eventually been exposed, and he would then risk going to jail. [Washington Post, 4/27/2006] It is difficult to reconcile Rove’s “indirect” confirmation of Plame Wilson’s identity for Novak with his earlier claims that he learned of Plame Wilson’s CIA status from Novak.
Lawyer's Statement - Rove’s lawyer Robert Luskin says in a written statement: “Karl Rove appeared today before the grand jury investigating the disclosure of a CIA agent’s identity. He testified voluntarily and unconditionally at the request of special counsel Patrick Fitzgerald to explore a matter raised since Mr. Rove’s last appearance in October 2005 (see October 14, 2005). In connection with this appearance, the special counsel has advised Mr. Rove that he is not a target of the investigation. Mr. Fitzgerald has affirmed that he has made no decision concerning charges. At the request of the special counsel, Mr. Rove will not discuss the substance of his testimony.” [CNN, 4/26/2006; Washington Post, 4/27/2006]
Difficulties in Proving Intent - Law professor and former federal prosecutor Dan Richman says that while Fitzgerald may well be trying to build a case against Rove for either perjury or obstruction of justice, it may be quite difficult to prove Rove intended to lie to the grand jury. Rove’s subsequent appearances before the jury might “prove to be an obstacle to any [potential] obstruction or perjury case in that the person ultimately cooperated and told what he knew,” Richman says. [National Journal, 4/28/2006]

Entity Tags: Joseph C. Wilson, Matthew Cooper, Lewis (“Scooter”) Libby, Robert Luskin, Karl C. Rove, Valerie Plame Wilson, Dan Richman, Robert Novak, Patrick J. Fitzgerald, Stephen J. Hadley

Timeline Tags: Niger Uranium and Plame Outing

Judge Thomas Hogan, who jailed former New York Times reporter Judith Miller for refusing to name her source during the Plame Wilson identity leak investigation (see October 7, 2004), defends his decision during a meeting of the Maryland-Delaware-DC Press Association. Hogan, who was appointed to the federal bench by President Reagan, is the chief judge for the Washington, DC, District Court. He tells the collected listeners that Miller had no First Amendment right to protect a source in a criminal matter. While the story began as a political ruckus, Hogan says, it quickly escalated into something more than merely politics. Between the politics of the case, the media involvement, and the legal ramifications, it became “the perfect storm,” he adds. War critic Joseph Wilson became a target of the White House. “Blood was spreading in the water. The sharks were gathering. It’s typical Washington politics, except that this involved the commission of a crime.” Hogan is referring to the public exposure of covert CIA official Valerie Plame Wilson after the White House leaked her identity to the press (see July 14, 2003). Hogan says of Miller: “She was an actor in the commission of a crime. She was part of the transfer of information that was a crime.” [Associated Press, 4/29/2006]

Entity Tags: Joseph C. Wilson, Valerie Plame Wilson, Thomas Hogan, Judith Miller

Timeline Tags: Niger Uranium and Plame Outing

In May 2006, investigative reporters Joe and Susan Trento find that the CIA is continuing a pre-9/11 policy (see July 1990 and January 8, 2000) and deliberately keeping some suspected terrorists off the US international no-fly list, which is aimed at preventing terrorists from traveling to the US and other countries. In addition, it has an agreement with some airlines to allow suspected terrorists who are on the no-fly list to fly anyway. For example, it allows Rayed Abdullah, an associate of alleged 9/11 pilot Hani Hanjour, to fly to New Zealand, where he takes flying lessons (see February-May 30, 2006). The CIA, as well as the Defense Intelligence Agency, keeps some terrorists’ names off the no-fly list because they are already intelligence assets, others are allowed to fly because the CIA hopes to recruit them, and more are allowed to travel just because the CIA wants to see where they are going and who they will meet. In addition, others are kept off the no-fly list at the request of US allies like Pakistan and Saudi Arabia. A former CIA officer says: “I cannot describe to you how reluctant our operational people were to turn over names. Many terrorists act as assets for our case officers. We do deal with bad guys, and, like cops protect snitches, we protect ours, too, and none of those guys is going to show up on the no-fly list anytime soon. So we made a deal. The CIA effectively has the ability to allow people to fly who are on the no-fly list if we deem it in the national interest—just not on domestic airlines.” There are other problems with the no-fly list (see March 2006 and March 2006) and the CIA also penetrates the Federal Air Marshal Service to ensure that terrorists can fly openly without the marshals’ knowledge (see Before 2006). [Trento and Trento, 2006, pp. xiii, 187, 192-3]

Entity Tags: Central Intelligence Agency, Defense Intelligence Agency, Joseph Trento, Susan Trento

Timeline Tags: Complete 911 Timeline

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

Conservative columnist Byron York writes that in his view, one of the overarching conflicts between Patrick Fitzgerald’s prosecution team and the defense team of Lewis Libby is that of the “size” of the case. Fitzgerald wants to focus on the “little case,” the narrow parameters of the perjury charges Libby faces: namely, did Libby lie under oath when he told Fitzgerald’s grand jury that he learned of Valerie Plame Wilson’s CIA identity from NBC reporter Tim Russert (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)? Fitzgerald, York writes, has abandoned his pursuit of the larger case—who leaked Plame Wilson’s identity, why was it leaked, and did it violate the Intelligence Identities Protection Act, the Espionage Act, or some other law? York writes: “He has learned about the Big Case as much as one man with subpoena power, no supervision, unlimited funds, and no hesitation to threaten reporters with jail can learn. He just doesn’t want to talk about it.” On the other hand, Libby’s team wants to focus on the larger case. Was Libby merely following orders from senior Bush administration officials who felt “under attack” by Plame Wilson’s husband, war critic Joseph Wilson, and others? York writes: “Libby might have simply forgotten some of the details, and because of that testified incorrectly, his lawyers contend, because he was focusing on the big picture. If Libby’s defense team had its way, the whole thing—the Big Case—would be re-fought in the courtroom.” Judge Reggie Walton is trying to balance the two interests, York observes, and finding it understandably difficult to do so. [National Review, 5/10/2006]

Entity Tags: Joseph C. Wilson, Bush administration (43), Byron York, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Valerie Plame Wilson, Reggie B. Walton, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald files a brief with the court concerning the newspaper articles he intends to introduce during the trial of former White House official Lewis Libby. Fitzgerald says he intends to submit only one article in its entirety, a copy of the New York Times op-ed written by former ambassador Joseph Wilson (see July 6, 2003), and he intends to instruct the jury that the op-ed is not necessarily being submitted for its factual accuracy so much as for the handwritten annotations made on the copy by Vice President Dick Cheney (see May 14, 2006). Fitzgerald says he also intends to submit five other news articles in redacted form, including Robert Novak’s article that outed Valerie Plame Wilson (see July 14, 2003). Fitzgerald’s brief reads in part: “The July 14 Chicago Sun Times column by Mr. Novak is relevant because on the day the article was published, a CIA official was asked in the defendant’s presence, by another person in the OVP [Office of the Vice President], whether that CIA official had read that column. (The CIA official had not.) At some time thereafter… the CIA official discussed in the defendant’s presence the dangers posed by disclosure of the CIA affiliation of one of its employees as had occurred in the Novak column. This evidence directly contradicts the defense position that the defendant had no motive to lie because at the time of his interview and testimony the defendant thought that neither he nor anyone else had done anything wrong. Moreover, the evidence rebuts the defense assertion that the defendant could have easily forgotten his conversations with reporters Cooper and Miller on July 12 (see 2:24 p.m. July 12, 2003 and Late Afternoon, July 12, 2003) if he learned of the potential consequences of such disclosures as a result of the publication of the Novak column on July 14. Instead, the evidence about the conversation concerning the Novak column provides a strong motivation for the defendant to provide false information and testimony about his disclosures to reporters.” [US District Court for the District of Columbia, 5/12/2006 pdf file; US District Court for the District of Columbia, 5/12/2006 pdf file]

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

Timeline Tags: Niger Uranium and Plame Outing

A photograph of the copy of Wilson’s op-ed annotated by Dick Cheney.A photograph of the copy of Wilson’s op-ed annotated by Dick Cheney. [Source: Department of Justice / New York Times] (click image to enlarge)Special prosecutor Patrick Fitzgerald, pursuing charges that former vice-presidential chief of staff Lewis “Scooter” Libby lied to his grand jury about revealing the identity of CIA undercover agent Valerie Plame Wilson (see January 2004, March 5, 2004, and March 24, 2004), introduces into evidence a document that directly implicates Libby’s former boss, Vice President Dick Cheney, in Libby’s allegedly criminal behavior.
Notated Clipping - Fitzgerald submits an original clipping of a New York Times op-ed written by Plame Wilson’s husband, Joseph Wilson, challenging the Bush administration’s claims that Iraq had attempted to purchase uranium from Niger (see July 6, 2003). The clipping bears notations in Cheney’s own hand, as well as Cheney’s fingerprints. Cheney’s commentary reads: “Have they done this sort of thing before? [Cheney is referring to the CIA’s decision to send Wilson to Niger to investigate the uranium claims—see February 21, 2002-March 4, 2002.] Send an amb. to answer a question. Do we ordinarily send people out to do pro bono work for us? Or did his wife send him on a junket?” It is unclear when Cheney made the notes, but prosecutors believe they were taken before the July 14, 2003 column by Robert Novak that outed Plame Wilson (see July 14, 2003). According to Fitzgerald’s filing, Cheney’s copy of the op-ed is now “at the center of the sequence of events leading” to Libby’s alleged perjury and obstruction of justice. [CNN, 5/14/2006; New York Times, 5/14/2006; Newsweek, 5/16/2006]
'Acutely Focused' Attention of Cheney, Libby on Wilson - The filing goes on to state that Cheney’s notes support the idea that Wilson’s op-ed drew the attention of Cheney and Libby, and “acutely focused” their attention on Wilson’s assertions “and on responding to those assertions.… The article, and the fact that it contained certain criticisms of the administration, including criticism regarding issues dealt with by the Office of the Vice President, serve both to explain the context of, and provide the motive for, many of the defendant’s statements and actions at issue in this case. The annotated version of the article reflects the contemporaneous reaction of the vice president to Mr. Wilson’s op-ed article, and thus is relevant to establishing some of the facts that were viewed as important by the defendant’s immediate superior, including whether Mr. Wilson’s wife had sent him on a junket.” [CNN, 5/14/2006; Newsweek, 5/16/2006] Libby testified before the grand jury about the annotated op-ed, and that testimony is now entered into evidence. Libby said he recalled discussing the issues with Cheney, and said of those conversations: “I recall that along the way he asked, ‘Is this normal for them to just send somebody out like this uncompensated, as it says?’ He was interested in how did that person come to be selected for this mission. And at some point, his wife worked at the agency, you know, that was part of the question.” A prosecutor asked Libby, “Was it a topic that was discussed on a daily basis… on multiple occasions each day in fact?” Libby answered, “Yes, sir.” Libby acknowledged that during that time, Cheney indicated that he was upset about the Wilson article and what he considered to be false attacks on his credibility, saying: “I recall that he was very keen to get the truth out. He wanted to get all the facts out about what he [Cheney] had or hadn’t done—what the facts were or were not. He was very keen on that and said it repeatedly. ‘Let’s get everything out.’” During his testimony before the grand jury, prosecutors did not believe Libby’s assertion that Cheney might have “scribbled” notes on the Wilson op-ed on July 14, the day Novak’s column was published. Libby testified: “And I think what may have happened here is what he may have—I don’t know if he wrote, he wrote the points down. He might have pulled out the column to think about the problem and written on it, but I don’t know. You’ll have to ask him.” [National Journal, 1/12/2007]
Cheney's Other Actions - Fitzgerald has already asserted that Cheney had attempted to pass Wilson’s trip to Niger off as a “junket”—essentially a taxpayer-funded excursion with little real purpose—to discredit Wilson’s claims about the Iraq-Niger affair. Fitzgerald has also asserted that Cheney, acting with the approval of President Bush, authorized Libby to disclose some of the classfied portions of the 2002 National Intelligence Estimate on Iraq (see October 1, 2002, June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) to reporters to rebut some of Wilson’s claims. The Cheney notes provide, in reporter Michael Isikoff’s words, “significant new context to that assertion.” The notes show that Cheney had “personally raised questions about Wilson’s trip right after the publication of the Wilson column—and five days before Libby confirmed to Time reporter Matt Cooper that he had ‘heard’ that Wilson’s wife… had played a role in sending him to Africa” (see July 13, 2005). [CNN, 5/14/2006; Newsweek, 5/16/2006]
Cheney 'at Center of Campaign to Discredit Wilson' - Authors Lou Dubose and Jake Bernstein later write, “The annotation places Cheney at the center of the campaign to discredit Wilson, aware early on that Wilson’s wife was a CIA agent.” [Dubose and Bernstein, 2006, pp. 217] Plame Wilson herself will write: “Given Cheney’s vaunted decades of government service, it is frankly unbelievable that he would ask such questions. He would have known that the CIA frequently sends US citizens abroad, on a pro bono basis, to answer specific intelligence questions. It is even quite possible that the CIA debriefed employees of Halliburton, the multinational company that Cheney headed prior to becoming vice president, when they returned from business trips in restricted countries of interest to the United States. Cheney’s marginal notes should be more accurately interpreted as marching orders to staff on how to spin Joe’s story so that Cheney could stay as far from it as possible while simultaneously undermining Joe’s credibility.” (Emphasis in the original.) [Wilson, 2007, pp. 288]

Entity Tags: George W. Bush, Michael Isikoff, Jake Bernstein, Joseph C. Wilson, Lewis (“Scooter”) Libby, Lou Dubose, Valerie Plame Wilson, Office of the Vice President, Patrick J. Fitzgerald, Matthew Cooper, Richard (“Dick”) Cheney, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

The Libby defense team files a brief with the court arguing that the special counsel’s recent filing about presentation of news articles into evidence is unsatisfactory (see May 12, 2006), and says that the prosecution must not be allowed to present a copy of former ambassador Joseph Wilson’s New York Times op-ed (see July 6, 2003), annotated with notes written by Vice President Dick Cheney (see May 14, 2006), into evidence. The defense says that Lewis Libby had never seen the op-ed before the FBI showed it to him in November 2003 (see October 14, 2003 and November 26, 2003). “These arguments are tantamount to an acknowledgment that the state of mind of witnesses other than Mr. Libby will be important at trial,” Libby’s lawyers write. The defense also reiterates arguments that the government must provide classified documents for Libby to mount an adequate defense (see May 12, 2006), and reassures Judge Reggie Walton that they do not intend “to use this case to reargue the reasons why the United States invaded Iraq.” They acknowledge that given the fact that a jury will made up of Washington, DC, residents, “such an approach would be a foolish and self-destructive trial strategy.” [US District Court for the District of Columbia, 5/19/2006 pdf file; NBC News, 5/20/2006; Washington Post, 5/20/2006]

Entity Tags: Lewis (“Scooter”) Libby, Joseph C. Wilson, Reggie B. Walton, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Court papers affirm that two CIA officials will testify that accused perjurer Lewis Libby (see October 28, 2005) lied about how he learned the identity of former covert CIA official Valerie Plame Wilson. Former senior CIA official Robert Grenier (see 2:00 p.m. June 11, 2003) and CIA briefer Craig Schmall (see 7:00 a.m. June 14, 2003) will testify for the prosecution, and say they informed Libby of Plame Wilson’s CIA status a month before Libby claims he learned of her CIA identity from a reporter (see July 10 or 11, 2003). [New York Daily News, 5/23/2006]

Entity Tags: Craig Schmall, Central Intelligence Agency, Robert Grenier, Lewis (“Scooter”) Libby, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Vice President Dick Cheney may be called to testify for the prosecution in the Lewis Libby perjury and obstruction trial, says special counsel Patrick Fitzgerald in a brief filed with the court. Libby once served as Cheney’s chief of staff and Cheney could authenticate handwritten notes he wrote on a copy of an op-ed written by war critic Joseph Wilson (see May 14, 2006). Furthermore, Fitzgerald says, Cheney’s “state of mind” is directly relevant to the question of Libby’s alleged lying to FBI agents (see October 14, 2003 and November 26, 2003) and a grand jury (see March 5, 2004 and March 24, 2004) about leaking the identity of CIA official Valerie Plame Wilson. Libby “shared the interests of his superior and was subject to his direction,” Fitzgerald writes in court documents. “Therefore, the state of mind of the vice president as communicated to [the] defendant is directly relevant to the issue of whether [the] defendant knowingly made false statements to federal agents and the grand jury regarding when and how he learned about [Plame Wilson’s] employment and what he said to reporters regarding this issue.” Libby’s lawyers have asserted that Fitzgerald would not subpoena Cheney’s testimony, an assertion that Fitzgerald says is premature. “To the best of government’s counsel’s recollection, the government has not commented on whether it intends to call the vice president as a witness.” [US District Court for the District of Columbia, 5/24/2006 pdf file; US District Court for the District of Columbia, 5/24/2006 pdf file; Associated Press, 5/25/2006] Criminal defense lawyer Jeralyn Merritt, covering the Libby prosecution at the progressive blog TalkLeft, explains that Fitzgerald is more concerned with authenticating the handwritten notes Cheney made on Wilson’s op-ed than he is in putting Cheney on the stand. Merritt writes, “Fitz believes this blows a big hole in Libby’s testimony that he learned of Wilson’s wife working for the CIA from Tim Russert on July 10 or 11th” (see 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, 5:27 p.m. June 11, 2003, (June 12, 2003), and July 10 or 11, 2003). [Jeralyn Merritt, 5/24/2006] Salon reporter Tim Grieve believes that Fitzgerald may well be planning on having Cheney take the stand. In his column, Grieve writes that according to his interpretation of Fitzgerald’s brief, “Fitzgerald makes it clear—without saying so explicitly—that he’d like to put Cheney on the stand [t]o question him about the conversations he had with Libby about Wilson’s column, and in the process to undercut Libby’s claim that those conversations didn’t involve the identity of Wilson’s wife.” [Salon, 5/24/2006]

Entity Tags: Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Tim Grieve, Jeralyn Merritt, Valerie Plame Wilson, Patrick J. Fitzgerald, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton issues an order disallowing, in large part, the Libby defense team’s motions to compel discovery of an array of government classified documents (see March 17, 2006, April 5, 2006, May 12, 2006, and May 19, 2006). “[T]he defendant’s motion to compel is largely without merit,” Walton writes. He recognizes that the charges against Lewis Libby are impacted by former ambassador Joseph Wilson’s criticism of the Iraq invasion (see July 6, 2003), Wilson’s trip to Niger (see February 21, 2002-March 4, 2002), and the exposure of Wilson’s wife, Valerie Plame Wilson, as a CIA official (see July 14, 2003). Walton intends to allow a “limited” amount of evidence to be admitted in regards to these concerns, but, he writes, “these events have merely an abstract relationship to the charged offenses.” [US District Court for the District of Columbia, 6/2/2006 pdf file] Walton also compels prosecutor Patrick Fitzgerald to turn over “substitutes” for classified documents pertaining to Plame Wilson’s employment history with the CIA, potential damage caused by Plame Wilson’s identity disclosure, and the names of “three individuals whose identities were redacted from classified documents previously made available to the defense.” [US District Court for the District of Columbia, 6/2/2006 pdf file] According to Salon’s Tim Grieve, Walton is clearly siding with Fitzgerald’s “small case” view over the Libby team’s “big case” view (see May 10, 2006), focusing primarily on the issue of Libby’s alleged perjury and disallowing Libby’s efforts to refocus the case on the Bush administration’s response to criticisms of its handling of the Iraq war. [Salon, 6/2/2006]

Entity Tags: Joseph C. Wilson, Reggie B. Walton, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Tim Grieve, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

In an op-ed, the Wall Street Journal harshly criticizes the Patrick Fitzgerald prosecution of Lewis Libby (see October 28, 2005), and objects to Fitzgerald’s intention to use a July 2003 Journal column as evidence of Libby’s perjury. According to the Journal, the key passage from that column reads: “One of the mysteries of the recent yellowcake uranium flap is why the White House has been so defensive about an intelligence judgment that we don’t yet know is false, and that the British still insist is true. Our puzzlement is even greater now that we’ve learned what last October’s National Intelligence Estimate really said.” Now, the Journal writes, that column proved the editorial staff’s assertion that President Bush was truthful in his January 2003 assertion that Iraq had attempted to purchase uranium from Niger (see Mid-January 2003 and 9:01 pm January 28, 2003), and former ambassador Joseph Wilson’s allegation that Bush was untruthful was, itself, untruthful (see July 6, 2003). Fitzgerald’s decision to use the Journal editorial “suggests that his case is a lot weaker than his media spin,” the Journal writes. The Journal notes that Libby was not a source for the 2003 editorial, “which quoted from the October 2002 National Intelligence Estimate concerning the Africa-uranium issue. But Mr. Fitzgerald alleges in a court filing that Mr. Libby played a role in our getting the information, which in turn shows that ‘notwithstanding other pressing government business, [Libby] was heavily focused on shaping media coverage of the controversy concerning Iraqi efforts to obtain uranium from Niger.’” According to the Journal, Fitzgerald is asserting that government officials such as Libby “have no right to fight back against critics who make false allegations,” and continues, “To the extent our editorial is germane to this trial, in fact, it’s because it puts Mr. Libby’s actions into a broadly defensible context that Mr. Fitzgerald refuses to acknowledge.” The editorial concludes by asserting that Fitzgerald is siding with Wilson against Libby and the Bush administration in what it calls “a political fight.” [Wall Street Journal, 6/6/2006] Former state prosecutor Christy Hardin Smith, covering the Libby trial at the progressive blog FireDogLake, uses lengthy excerpts from Judge Reggie Walton’s rulings to show that the Journal op-ed will, indeed, serve as evidence of Libby’s perjury. Smith accuses the Journal editorial staff of “shilling” for Libby and the Bush administration, and of being “willing participants” in a cover-up that would result in “lawbreakers” such as Libby going unpunished. [Christy Hardin Smith, 6/6/2006]

Entity Tags: Lewis (“Scooter”) Libby, Christy Hardin Smith, George W. Bush, Joseph C. Wilson, Wall Street Journal, Patrick J. Fitzgerald, Reggie B. Walton

Timeline Tags: Niger Uranium and Plame Outing

Joseph Wilson poses with Yearly Kos participant Natasha Chart.Joseph Wilson poses with Yearly Kos participant Natasha Chart. [Source: Pacific Views (.org)]Former ambassador Joseph Wilson, who became the target of a White House smear campaign after he publicly criticized the government’s push for war with Iraq (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), receives a standing ovation from the audience at his appearance at the Yearly Kos convention in Las Vegas. The convention is a group of bloggers and citizen journalists, mostly liberals and progressives, organized by the Daily Kos Web site. About a thousand convention goers gather to hear Wilson speak during one of the day’s panel discussions. Wilson says he will not be intimidated by what he calls a White House campaign to obscure lies told during the run-up to the war in Iraq. “We must and we can stand up to the schoolyard bullies and insure that these decisions on war and peace and other major issues are undertaken with the consent of the governed,” he says. Wilson goes on to say that the indictment of former White House official Lewis Libby (see October 28, 2005) and the disclosures about the case that have come in subsequent court filings have vindicated him against critics who claim he lied or misrepresented the facts surrounding his 2002 mission to Africa (see February 21, 2002-March 4, 2002 and July 6, 2003). “As facts emerge, of course, the dwindling number of those who still believe the thesis of ‘Wilson is a liar, or has been discredited,’ are either victims of the ongoing disinformation campaign or the willful perpetrators of it,” he says. Wilson affirms that neither he nor his wife, exposed CIA official Valerie Plame Wilson, intend to run for elective office. “I can assure you that neither she [nor] I intend to do anything other than return to our private lives,” he says.
Former CIA Agent Reaffirms Damage Done by Plame Wilson's Exposure - One of Wilson’s panel colleagues, former CIA agent and State Department official Larry Johnson (see September 30, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, and October 23-24, 2003), says partisan Republicans have lost sight of the gravity of what he believes was a deliberate campaign to expose Plame Wilson’s status for political reasons. “How it is that conservative Republicans can excuse what is nothing short of treason is beyond me,” he says. Johnson describes himself as “a lifelong conservative.” He reiterates his earlier statements that Plame Wilson was not publicly known as a CIA official before being “outed” by columnist Robert Novak (see July 14, 2003). “Valerie Plame, Valerie Wilson was an undercover CIA officer until the day her name appeared in Robert Novak’s column,” Johnson says. Libby’s lawyers have said they have witnesses who will testify that Plame Wilson’s CIA affiliation was known outside the government, but they have not identified those witnesses. Plame Wilson’s exposure did “damage… to the intelligence operations of the Central Intelligence Agency and ultimately to the security of this nation,” Johnson tells the audience. White House political strategist Karl Rove, whom Wilson once said should be “frog marched” out of the White House in handcuffs (see August 21, 2003), should have his security clearance revoked and be fired, Johnson says, regardless of whether he is indicted.
Journalists: Media Did Not Do Its Job in Covering Story - Another panel member, the Washington Post’s Dan Froomkin, says journalists have become so preoccupied by the jailing of fellow reporter Judith Miller (see October 7, 2004) that they have lost sight of the broader story. “The really sad moment for journalism here is, faced with this incredibly important story, reporters didn’t go out and develop sources for this story,” he says. “This is a hell of a story.” Froomkin calls Miller “a humiliated and discredited shill,” presumably for the Bush administration. Fellow panel member Murray Waas of the National Journal says most major news outlets have not adequately covered the story. “There’s no reporter for any major news organization covering it even one or two days a week,” he says. “I don’t know why.” Waas says that perhaps some editors have ignored the story because it involves leaks to reporters at those same news outlets. “Their own role is so comprised that they hope it just goes away,” he says. [New York Sun, 6/10/2006]

Entity Tags: Karl C. Rove, Daily Kos, Central Intelligence Agency, Bush administration (43), Dan Froomkin, Judith Miller, Larry C. Johnson, Robert Novak, Joseph C. Wilson, Valerie Plame Wilson, Murray Waas

Timeline Tags: Niger Uranium and Plame Outing

Special counsel Patrick Fitzgerald, investigating the Valerie Plame Wilson identity leak (see December 30, 2003), informs White House deputy chief of staff Karl Rove that he does not plan to file charges against him in conjunction with the leak. [Associated Press, 6/13/2006; Washington Post, 7/3/2007]
'No Deal' - Rove’s lawyer Robert Luskin says that he negotiated no deals with Fitzgerald to spare his client from prosecution: “There has never, ever been any discussion of a deal in any way, shape, or form.” [Jeralyn Merritt, 6/13/2006]
'A Chapter that Has Ended' - The decision follows months of wrangling between Fitzgerald’s team and Luskin. Neither Fitzgerald nor Luskin give any details about the issues and actions behind the decision, but Luskin says, “We believe that the special counsel’s decision should put an end to the baseless speculation about Mr. Rove’s conduct.” Rove spokesman Mark Corallo says that Rove made no deals with Fitzgerald to cooperate with the investigation, and that the decision is based solely on Fitzgerald’s findings. President Bush says of the news: “It’s a chapter that has ended. Fitzgerald is a very thorough person. I think he’s conducted his investigation in a dignified way. And he’s ended his investigation.… There’s still a trial to be had. And those of us involved in the White House are going to be very mindful of not commenting on this issue.” Christopher Wolf, a lawyer for Plame Wilson and her husband, Joseph Wilson, says that the couple is considering filing a civil suit against Rove. “The day still may come when Mr. Rove and others are called to account in a court of law for their attacks on the Wilsons,” Wolf says. [New York Times, 6/13/2006; Associated Press, 6/13/2006]
Rove 'Elated' - Corallo describes Rove as “elated” over the news. Legal analyst Andrew Cohen says: “Prosecutors have ethical obligations not to indict someone when they don’t think they can win at trial and I suspect that may be what happened here. For whatever reason Fitzgerald the prosecutor didn’t believe he could take a case against Rove to a jury and win it.” [CBS News, 6/13/2006]
A Variety of Responses - Democratic National Committee (DNC) chairman Howard Dean says of Rove: “He doesn’t belong in the White House. If the president valued America more than he valued his connection to Karl Rove, Karl Rove would have been fired a long time ago. So I think this is probably good news for the White House, but it’s not very good news for America.” [Associated Press, 6/13/2006] “The notion of the leak and the overall White House involvement, that ain’t over,” says Representative Rahm Emanuel (D-IL). “Obviously, we know that ‘Scooter’ Libby is not Karl Rove. But you have the vice president of the United States involved, or at least his office was involved.” Representative Henry Waxman (D-CA) says that Fitzgerald’s decision not to prosecute Rove should trigger a Congressional investigation into whether Rove mishandled classified information when he discussed Plame Wilson with reporters. Though Fitzgerald conducted a “narrow” criminal invesigation, Waxman says, Congress should examine the broader issue of whether Rove deserved to keep his high-level security clearance (see July 13, 2005). [Los Angeles Times, 6/14/2006] The Republican National Committee (RNC) circulates quotes from Democratic lawmakers attacking Rove under the headline of “Wrong Again: Prejudging Karl Rove Is Latest Example of Democrats’ Overheated Rhetoric and False Statements.” “What you had in this case was an unbelievable example of misjudgment for political purposes by leading Democrats,” says RNC chairman Ken Mehlman. He adds that the entire Rove imbroglio is just an example of how Democrats “rush to judgment.” Democratic leaders “owe [Rove] an apology,” Mehlman says. [Washington Post, 6/13/2006; Los Angeles Times, 6/14/2006] Plame Wilson and her husband, former ambassador Joseph Wilson, are deeply disappointed at the decision. In 2007, Plame Wilson will write: “It was hard to process that someone who had appeared before a grand jury five times (see April 26, 2006), and had admitted that he had spoken to Robert Novak and Matt Cooper in the week before my name was published (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003), would face no consequences for his actions.… While our faith in Fitzgerald’s skills and integrity remained unshaken, we couldn’t help but wonder, along with everyone else, what the special prosecutor had received or heard from Rove to prompt his decision.” [Wilson, 2007, pp. 250] Criminal defense lawyer Jeralyn Merritt, writing for the progressive blog TalkLeft, writes that she believes Rove has “cooperated with Fitzgerald by testifying to the grand jury five times and providing whatever information he had without a safety net. Without a 5k. Without assurances he would not be indicted. That’s a hell of a risk, but Luskin pulled it off. My hat’s off to Luskin.… I’m ready to put this to bed. Karl Rove walked. He’s one of the rare subjects of an investigation who was able to talk his way out of an indictment.” [Jeralyn Merritt, 6/13/2006] Former prosecutor and blogger Christy Hardin Smith, writing for the progressive blog FireDogLake, writes: “If Luskin is coming out and saying publicly that they got a letter from Pat Fitzgerald which says that Rove will not be charged, there are two things that I want to see and know: (1) what does the letter actually say, word for word; and (2) does it say something along the lines of ‘Please thank Karl for his cooperation in this matter.’” Smith adds: “Patrick Fitzgerald and his team are career professionals. You do not charge someone with a criminal indictment merely because they are scum. You have to have the evidence to back up any charges—not just that may indicate that something may have happened, but you must have evidence that criminal conduct occurred and that you can prove it. You charge the evidence you have, you try the case you can make, and you don’t go down a road that will ultimately be a waste of the public’s money and time once you have ascertained that the case is simply not there. It doesn’t mean that you don’t think the SOB that you can’t charge isn’t a weasel or guilty as hell, it just means that you can’t prove it. (And, fwiw [for what it’s worth], those times are the worst of your career, because you truly hate to let someone go when you know in your gut they’ve done something wrong.)” [Christy Hardin Smith, 6/13/2006]

Entity Tags: Henry A. Waxman, Valerie Plame Wilson, Republican National Committee, Andrew Cohen, Christopher Wolf, George W. Bush, Christy Hardin Smith, Rahm Emanuel, Robert Luskin, Mark Corallo, Howard Dean, Patrick J. Fitzgerald, Joseph C. Wilson, Jeralyn Merritt, Ken Mehlman, Karl C. Rove, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Larry Wilkerson, the former chief of staff to ex-Secretary of State Colin Powell, recalls helping Powell prepare for his February 2003 presentation to the United Nations that made the administration’s case for war with Iraq (see January 29, 2003 and January 30-February 4, 2003). The presentation was later proven to be filled with half-truths, fabrications, and outright lies, many of them provided by the Office of the Vice President, Wilkerson says. Powell made the decision to toss aside the three dossiers given to him and Wilkerson by Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby, and instead go with the National Intelligence Estimate on Iraq, recently prepared by the CIA (NIE—see October 1, 2002). Wilkerson now believes that Libby’s dossiers were set-ups, red herrings designed to steer Powell to the NIE, which was better sourced but almost as badly flawed and misleading. [Dubose and Bernstein, 2006, pp. 182]

Entity Tags: Lawrence Wilkerson, Colin Powell, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Office of the Vice President

Timeline Tags: Events Leading to Iraq Invasion

Marc Ash, the publisher of the progressive news Web site Truthout (.org), attempts to distance his publication from reports it provided that asserted, falsely, that White House political strategist Karl Rove had been indicted (see May 13, 2006 and June 13, 2006). Ash says that because of the “hysteria” surrounding the reports—including an unsubstantiated report that Truthout reporter Jason Leopold had impersonated another reporter in the course of his reporting (see June 18, 2006)—Truthout is “going to stand down on the Rove matter at this time.” Truthout will instead “defer… to the nation’s leading publications,” which have never verified Leopold’s reporting. “We are expressly endeavoring to mitigate hysteria,” Ash says. At the same time, he adds, “There is no indication that Mr. Leopold acted unethically… we stand firmly behind Jason Leopold.” Ash says he is not convinced that the story of Leopold’s posing as another reporter is true: that story, he says, “originated with Mark Corallo,” Rove’s spokesman. “Corallo seems to think that Jason Leopold misrepresented himself as Joe Luria [sic]… as an attempt to get Corallo on the telephone.… I haven’t gotten anything to back that up.” [TPM Muckraker, 6/19/2006]

Entity Tags: Karl C. Rove, Jason Leopold, Truthout (.org), Marc Ash, Mark Corallo

Timeline Tags: Niger Uranium and Plame Outing

Libertarian Representative Ron Paul (R-TX), contemplating a run for the 2008 presidential nomination, discusses the many federal programs, agencies, and bureaus he would eliminate if he had the power. He would do away with the CIA, the Federal Reserve, the Food and Drug Administration (FDA), the IRS, and the Department of Education, among others. He would eliminate Social Security, Medicare, and Medicaid. He would abolish the federal income tax (see April 28, 1999). He would zero out federal funding for public education, leaving that to local governments. Paul recently refused to vote for federal funds to aid victims of Hurricane Katrina, explaining that to do so would “rob” other Americans “in order to support the people on the coast.” He routinely votes against federal subsidies for farmers. He supports absolute gun rights, and absolutely opposes abortion, though he thinks regulations supporting or denying abortion should be left up to the states. He wants to repeal federal laws regulating drugs and allow prohibited drugs such as heroin to be sold legally. Paul says the US should withdraw from the United Nations and NATO, and wants the country to stop giving foreign aid to any country for any reason, calling such assistance “foreign welfare.” He even says President Lincoln should never have taken the nation to war to abolish slavery. Referring to the years before the income tax, Paul says: “We had a good run from 1776 to 1913. We didn’t have it; we did pretty well.” As for Social Security, “we didn’t have it until 1935,” Paul says. “I mean, do you read stories about how many people were laying in the streets and dying and didn’t have medical treatment?… Prices were low and the country was productive and families took care of themselves and churches built hospitals and there was no starvation.” Historian Michael Katz describes himself as aghast at Paul’s characterization of American life before Social Security. “Where to begin with this one?” he asks. “The stories just break your heart, the kind of suffering that people endured.… Stories of families that had literally no cash and had to kind of beg to get the most minimal forms of food, who lived in tiny, little rooms that were ill-heated and ill-ventilated, who were sick all the time, who had meager clothing.” Charles Kuffner of the Texas progressive blog Off the Kuff writes, “I can only presume that the Great Depression never occurred in whatever universe Paul inhabits.” [Washington Post, 7/9/2006; Charles Kuffner, 7/10/2006]

Entity Tags: United Nations, US Food and Drug Administration, North Atlantic Treaty Organization, Ron Paul, US Department of Education, US Federal Reserve, Charles Kuffner, Central Intelligence Agency, Internal Revenue Service, Michael Katz

Timeline Tags: Global Economic Crises, Domestic Propaganda, 2008 Elections

Responding to columnist Robert Novak’s disclosure that White House political strategist Karl Rove was one of his sources in the Plame Wilson identity leak (see July 12, 2006), Mary Matalin, the former media adviser to Vice President Dick Cheney, launches an attack against the prosecutors investigating the leak on Fox News. Matalin says that neither Lewis Libby, the former White House official charged with perjury and obstruction in the investigation (see October 28, 2005), nor anyone else committed a crime—even going so far as to claim that special prosecutor Patrick Fitzgerald acknowledged that no one committed a crime—and former ambassador Joseph Wilson “flat-out lied” in his July 2003 op-ed debunking the Iraq-Niger uranium claim (see July 6, 2003). Fitzgerald repeatedly asserted the serious nature of Libby’s crimes in Libby’s indictment, noting that Libby both lied and obstructed justice in his dealings with the FBI and with Fitzgerald’s grand jury. Moreover, Matalin’s claim that Wilson was “lying” is countered by numerous findings that the Iraq-Niger claims were absolutely false (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003), including a July 2004 Senate Intelligence Committee report on prewar intelligence (see July 9, 2004). Matalin goes on to say that “everybody in town knew” that Valerie Plame Wilson was a CIA agent, an assertion again debunked by Fitzgerald in his indictment. [Media Matters, 7/12/2006]

Entity Tags: Karl C. Rove, Joseph C. Wilson, Patrick J. Fitzgerald, Robert Novak, Mary Matalin, Lewis (“Scooter”) Libby

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

The day after Joseph Wilson and his wife, outed CIA agent Valerie Plame Wilson, file a lawsuit against White House officials over the conspiracy to smear Wilson’s character and expose Plame Wilson as a covert intelligence agent (see July 13, 2006), Plame Wilson speaks about the affair to reporters for the first time. She will later describe herself as suffering from a “dry mouth and shaking knees” as she speaks. She tells reporters in part: “I am proud to have served my country by working at the Central Intelligence Agency. I and my former CIA colleagues trusted our government to protect us as we did our jobs. That a few reckless individuals within the current administration betrayed that trust has been a grave disappointment to every patriotic American; Joe and I have filed this action with a heavy heart but with renewed purpose. I feel strongly that those who acted so recklessly, and who acted in such a harmful way, need to answer for their shameful conduct and to explain their actions in a court of law.” Wilson also releases a statement to the press, which says in part: “[T]his remains a nation of laws. No administration official however powerful is above the law and I have confidence in the American system of justice. This suit is about the pursuit of justice.” [Buzzflash (.com), 7/14/2006; Wilson, 2007, pp. 254-255]

Entity Tags: Central Intelligence Agency, Bush administration (43), Valerie Plame Wilson, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

Shortly after Joseph Wilson and his wife, outed CIA agent Valerie Plame Wilson, file a lawsuit against White House officials over the conspiracy to smear Wilson’s character and expose Plame Wilson as a covert intelligence agent (see July 13, 2006), the Wilsons are joined in the lawsuit by a nonpartisan watchdog organization, Citizens for Responsibility and Ethics in Washington (CREW). The organization agrees to represent the Wilsons on a pro bono basis. [Wilson, 2007, pp. 255-256]

Entity Tags: Valerie Plame Wilson, Citizens for Responsibility and Ethics in Washington, Bush administration (43), Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

Conservative columnist Byron York asserts that former CIA official Valerie Plame Wilson and her husband, former ambassador Joseph Wilson, have filed a lawsuit against Vice President Dick Cheney, White House aide Karl Rove, and former White House aide Lewis “Scooter” Libby for monetary gain (see July 13, 2006). Without substantiating his accusations, York writes that Plame Wilson is using the lawsuit to heighten interest in her forthcoming book on her CIA career (see October 22, 2007), while Wilson is using the lawsuit to spur interest in his (presumably paid) speaking engagements. Both want to, in York’s words, “keep interest in the flagging CIA leak case alive.” [The Hill, 7/20/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

Lewis Libby’s legal team announces that it intends to call a psychology professor to testify that Libby did not deliberately lie to the FBI (see October 14, 2003 and November 26, 2003) and to the grand jury (see March 5, 2004 and March 24, 2004), but merely made misstatements due to memory failure. In a court filing, the lawyers write, “Mr. Libby will show that the snippets of conversation at issue in this case took place amid a rush of pressing national security matters that commanded his attention throughout his long and stressful work day” (see January 31, 2006). The witness is Robert Bjork, a memory expert from UCLA. The lawyers say Bjork will explain that, contrary to what jurors may think, “memory does not function like a tape recorder, with memories recorded, stored, and played back verbatim.” Cornell University professor Ulric Neisser says the so-called “memory defense” that Libby’s team intends to mount may be effective. Referring to Libby’s claim that he learned of outed CIA agent Valerie Plame Wilson from a reporter (see 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, 5:27 p.m. June 11, 2003, (June 12, 2003), and July 10 or 11, 2003), Neisser says, “If everything hinges on who he learned it from first, people do forget that stuff all the time.” [US District Court for the District of Columbia, 7/31/2006 pdf file; US District Court for the District of Columbia, 7/31/2006 pdf file; Associated Press, 8/1/2006; New York Sun, 8/1/2006] Criminal defense lawyer Jeralyn Merritt, following the trial at the progressive blog TalkLeft, calls the use of a memory expert entirely appropriate, but notes: “The expert only should be allowed to explain the principles of memory and memory failure to the jury. He should not be allowed to render an opinion as to whether Libby’s memory failed since that’s the ultimate question for the jury to decide.” [Jeralyn Merritt, 8/1/2006]

Entity Tags: Valerie Plame Wilson, Jeralyn Merritt, Lewis (“Scooter”) Libby, Robert Bjork, Ulric Neisser

Timeline Tags: Niger Uranium and Plame Outing

Secretary of Defense Donald Rumsfeld, along with the chairman of the Joint Chiefs of Staff, General Peter Pace, and the commander of US forces in the Middle East, General John Abizaid, participate in a sometimes-contentious hearing with the Senate Armed Forces Committee (see August 3, 2006). The three then take part in a closed-door session with some members of Congress. After the two meetings, Senator Hillary Clinton (D-NY) calls on President Bush to accept Rumsfeld’s resignation. [New York Times, 8/4/2006] Rumsfeld will resign three months later (see November 6-December 18, 2006).

Entity Tags: Hillary Clinton, George W. Bush, John P. Abizaid, Senate Armed Forces Committee, Peter Pace, Donald Rumsfeld

Timeline Tags: Iraq under US Occupation

The CIA provides short summaries of Vice President Dick Cheney’s daily security briefings to defense attorneys for Cheney’s indicted former chief of staff, Lewis Libby. The documents are provided as per a March court order (see March 10, 2006). They have been turned over in batches since May 2006; the final documents have just been turned over. The briefing summaries cover the period in the summer of 2003 when Libby was allegedly discussing Valerie Plame Wilson’s CIA identity with journalists. They also cover several weeks in the fall of 2003 when Libby was questioned by the FBI (see October 14, 2003 and November 26, 2003), and March 2004 when Libby testified before a federal grand jury (see March 5, 2004 and March 24, 2004). [Associated Press, 8/11/2006]

Entity Tags: Central Intelligence Agency, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Thomas Kean and Lee Hamilton, the former chairman and vice chairman of the 9/11 Commission, release a book giving a behind-the-scenes look at their 20-month investigation of the September 11 attacks. [Associated Press, 8/4/2006] They begin their book, titled Without Precedent, saying that, because their investigation started late, had a very short time frame, and had inadequate funding, they both felt, from the beginning, that they “were set up to fail.” [Canadian Broadcasting Corporation, 8/21/2006; Rocky Mountain News, 8/25/2006] They explain the difficulties they faced in obtaining certain government documents and describe how the commission almost splintered over whether to investigate the Bush administration’s use of 9/11 as a reason for going to war. It says that if original member Max Cleland—a strong proponent of this line of inquiry—had not resigned (see December 9, 2003), the commission probably would not have reached unanimity. It also calls their gentle questioning of former New York Mayor Rudolph Giuliani during his May 2004 testimony, “a low point” in the commission’s handling of witnesses at its public hearings (see May 19, 2004). [Associated Press, 8/4/2006; New York Daily News, 8/5/2006; New York Times, 8/6/2006] Despite the problems it faced, when discussing his book with the CBC, Hamilton says he thinks the commission has “been reasonably successful in telling the story” of 9/11. [Canadian Broadcasting Corporation, 8/21/2006] Without Precedent, however, contains little new information about the events of 9/11. Intelligence expert James Bamford says there is “an overabundance of self-censorship by the authors.” [New York Times, 8/20/2006]

Entity Tags: Thomas Kean, Lee Hamilton

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Conservative pundits and columnists launch a new barrage of attacks and accusations against former ambassador Joseph Wilson (see July 6, 2003) and his wife, outed CIA agent Valerie Plame Wilson (see July 14, 2003). The pundits use the recent revelation that former Deputy Secretary of State Richard Armitage was apparently the first administration official to leak Plame Wilson’s name to the press (see August 22, 2006 and September 7, 2006). They claim that the new information proves that there was never a conspiracy to “out” Plame Wilson (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, and Before July 14, 2003), but that her status as a covert CIA agent was revealed merely as a result of harmless gossip from Armitage, who is not considered a major part of the neoconservative axis of power within the White House. [Washington Post, 9/1/2006]
Blaming Armitage and the State Department - The Wall Street Journal blames Armitage for allowing the Plame Wilson identity leak investigation to go on while he remained mute, allowing “political opportunism and internal score-settling” to drive the investigation when it never should have taken off. “The White House, in short, was not engaged in any campaign to ‘out’ Ms. Plame [Wilson],” the editorial states. Since the prosecution of Lewis Libby for perjury and obstruction during the investigation is not likely to be dropped, the editorial concludes, President Bush should end it by pardoning Libby. [Wall Street Journal, 8/30/2006] The New York Sun also chastizes Armitage for standing silent “while the president’s critics sullied the good names of Messrs. Cheney, Libby, and Rove.” [National Review, 7/19/2004; New York Sun, 8/30/2006] A similar position is advocated by neoconservative John Podhoretz, writing for the New York Post, who also says that the Armitage revelation should result in special counsel Patrick Fitzgerald dropping all charges against Libby. [New York Post, 8/29/2006] Neoconservative Frank Gaffney, writing for the online political publication TownHall, accuses both Armitage and former Secretary of State Colin Powell, as well as other senior State Department officials, of being “disloyalists” who “wage[d] war” against the Bush administration “from behind enemy lines”—from his position in the State Department, essentially functioning as a saboteur for unnamed liberal interests, and to win ground the State Department lost in conflicts with the White House. Gaffney goes further, accusing other State Department officials of intentionally sabotaging US nuclear negotiation efforts with North Korea (see September 19-20, 2005 and July 15, 2006). He accuses Armitage of “destructive and disloyal behavior” and “appeasement” towards North Korea and other US opponents. [Town Hall (.com), 9/5/2006] San Francisco Chronicle writer Debra Saunders calls the entire affair nothing more than “gossip,” and notes that an admission by White House deputy chief of staff Karl Rove that he confirmed Plame Wilson’s identity (see July 10, 2005 and October 14, 2005) is virtually meaningless. The only “abuse of power” that has come to light during the investigation, Saunders opines, is the investigation itself. [Minneapolis Star-Tribune, 9/6/2006]
Libby 'Exonerated' by Armitage Admission - The New Hampshire Union Leader calls the investigation a “non-issue” promulgated by “conspiracy nuts” now proven wrong by the Armitage admission. [New Hampshire Union Leader, 8/30/2006] Syndicated columnist Linda Chavez says the “exculpatory” Armitage revelation exonerates Libby, and calls his prosecution “malicious” and unwarranted. [Creators Syndicate, 8/30/2006]
Wilson, 'Leftists' to Blame - Slate’s Christopher Hitchens goes further, attacking the “Joseph Wilson fantasy” that Iraq had not attempted to buy uranium from Niger (see March 4-5, 2002, (March 6, 2002) and March 8, 2002), calling the idea that the White House deliberately attempted to smear Wilson’s character a “paranoid fantasy” (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 concluding that the entire Plame Wilson imbroglio was the result of a “venom[ous] interdepartmental rivalry” between Armitage’s State Department and the White House, blown entirely out of proportion by liberal critics of the Bush administration. [Slate, 8/29/2006] A National Review editorial blames the New York Times editorial board and “shrieking” “leftist adversaries” of the Bush administration for the investigation, and, like Chavez and others, calls for the immediate end of the Libby prosecution. [National Review, 8/30/2006] The Weekly Standard’s Fred Barnes compiles a “rogues list” of “the Plamegate Hall of Shame,” including Armitage, his former boss Colin Powell, Patrick Fitzgerald, the Justice Department, Joseph Wilson, and the media. “So instead of Cheney or Rove or Libby,” Barnes writes, “the perennial targets of media wrath, the Plamegate Hall of Shame consists of favorites of the Washington elite and the mainstream press.” And like the others, Barnes calls on Fitzgerald to immediately terminate his investigation as well as his prosecution of Libby. [Weekly Standard, 9/2/2006] And the Washington Times’s editor in chief Wesley Pruden rounds off the attacks, rather ghoulishly predicting that the next time Plame Wilson will be mentioned in the press is when “a nice obituary in the Washington and New York newspapers and a few lines of a telegraph dispatch on a page with the truss ads in Topeka” is printed. He calls Plame Wilson, who headed the CIA’s Joint Task Force on Iraq (see April 2001 and After), “the queen of the clipping scissors and pastepots at the CIA” (see September 29, 2003), and calls the leak investigation a “fraud.” [Washington Times, 9/5/2006]
Picked Up by Mainstream Media - Many in the mainstream media echo the new line of attack, with the Washington Post’s editorial board joining the other editorials and columnists in demanding that the Libby prosecution be immediately terminated. Echoing a Wall Street Journal guest editorial from almost a year before (see November 3, 2005), the Post editorial claims that because Plame Wilson’s husband, former ambassador Joseph Wilson, went public with his knowledge of the Bush administration’s false claims that Iraq had attempted to purchase uranium from Niger (see July 6, 2003), he is ultimately responsible for outing his wife. The Post writes: “Mr. Wilson chose to go public with an explosive charge, claiming—falsely, as it turned out—that he had debunked reports of Iraqi uranium-shopping in Niger and that his report had circulated to senior administration officials. He ought to have expected that both those officials and journalists such as Mr. Novak would ask why a retired ambassador would have been sent on such a mission and that the answer would point to his wife. He diverted responsibility from himself and his false charges by claiming that President Bush’s closest aides had engaged in an illegal conspiracy. It’s unfortunate that so many people took him seriously.” The allegation that Wilson had “falsely… debunked reports of Iraqi uranium-shopping in Niger” is itself false, as Wilson’s report further proved that no such deals ever took place (see March 4-5, 2002, (March 6, 2002) and March 8, 2002). [Washington Post, 9/1/2006] The New York Times’s conservative columnist, David Brooks, joins in the attacks, calling the exposure of Plame Wilson a “piffle” (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) blown out of proportion by a group of Congressional Democrats and the 2004 presidential campaign of John Kerry. Like the others, he blames Armitage for “keep[ing] quiet while your comrades are being put through the ringer [sic].” [New York Times, 8/31/2006] Days later, the Post’s David Broder writes that Karl Rove, one of the White House officials who outed Plame (see July 8, 2003 and 11:00 a.m. July 11, 2003), had been treated badly by reporters and pundits, and deserved a round of apologies. [Washington Post, 9/7/2006]
'Marvel of Wingnut Logic' - Author Jane Hamsher, writing for the progressive blog FireDogLake, hammers the Post editorial and its presumed author, op-ed editor Fred Hiatt, writing with some apparent outrage: “[T]o argue that somehow this [Armitage] leak—which played no part in the concerted administration effort to bully, intimidate, and punish Joe Wilson—should somehow excuse Scooter Libby and Karl Rove’s subsequent actions is a true marvel of wingnut logic. Incredibly it is somehow okay to rob the liquor store, shoot the owner, rape the cashier, and spatter the walls with blood because someone else was caught shoplifting there the week before. It is the Sistine Chapel of bad faith editorials.” [Jane Hamsher, 9/1/2006]
Comparisons to Soviet Propaganda - Plame Wilson herself is “furious” at reading the Post editorial and other, similar writings. In her 2007 book Fair Game, she will write, “I suddenly understood what it must have felt like to live in the Soviet Union and have only the state propaganda entity, Pravda, as the source of news about the world.” Plame Wilson calls the allegations that her husband is responsible for outing her “flatly untrue,” and shows the writers’ “ignorance about how our clandestine service functions.” She notes that the FBI had known of the Armitage leak since October 2003, and that since “the FBI didn’t shut down the investigation” this indicated “they had good reason to believe that Libby and Rove were lying to them.” [Wilson, 2007, pp. 257-260]

Entity Tags: Fred Hiatt, Washington Post, Wall Street Journal, Christopher Hitchens, Valerie Plame Wilson, Colin Powell, Frank Gaffney, Fred Barnes, Debra Saunders, David Brooks, David Broder, US Department of State, Wesley Pruden, New York Times, John Podhoretz, Richard Armitage, George W. Bush, Joseph C. Wilson, Karl C. Rove, Jane Hamsher, Linda Chavez, New York Sun, Lewis (“Scooter”) Libby, New Hampshire Union Leader, National Review

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

Mohamad Farik Amin.Mohamad Farik Amin. [Source: FBI]The US temporarily closes a network of secret CIA prisons around the world and transfers the most valuable prisoners to the US prison in Guantanamo, Cuba, for eventual military tribunals. The prison network will be reopened a short time later (see Autumn 2006-Late April 2007). There were reportedly fewer than 100 suspects in the CIA prisons; most of them are apparently sent back to their home countries while fourteen are sent to Guantanamo. All fourteen have some connection to al-Qaeda. Seven of them reportedly had some connection to the 9/11 attacks. Here are their names, nationalities, and the allegations against them.
bullet Khalid Shaikh Mohammed (KSM) (Pakistani, raised in Kuwait). He is the suspected mastermind of 9/11 attacks and many other al-Qaeda attacks. A CIA biography of KSM calls him “one of history’s most infamous terrorists.”
bullet Mustafa Ahmed al-Hawsawi (Saudi). He allegedly helped finance the 9/11 attacks.
bullet Hambali (Indonesian). He attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000) and is accused of involvement in many other plots, including the 2002 Bali bombings (see October 12, 2002).
bullet Khallad bin Attash (a.k.a. Tawfiq bin Attash) (Yemeni). He also attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000) and had a role in other plots such as the 2000 USS Cole bombing (see October 12, 2000).
bullet Ali Abdul Aziz Ali (Pakistani, raised in Kuwait). He allegedly helped finance the 9/11 attacks and arranged transportation for some hijackers. His uncle is KSM.
bullet Ramzi bin al-Shibh (Yemeni). A member of the Hamburg al-Qaeda cell with Mohamed Atta and other 9/11 hijackers. The CIA calls him the “primary communications intermediary” between the hijackers and KSM. He also attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000).
bullet Abd al-Rahim al-Nashiri (Saudi). He is said to have been one of the masterminds of the USS Cole bombing (see October 12, 2000). He also attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000).
The remaining seven suspects are alleged to have been involved in other al-Qaeda plots:
bullet Abu Zubaida (Palestinian, raised in Saudi Arabia). He is said to be a facilitator who helped make travel arrangements for al-Qaeda operatives. He is also alleged to have organized a series of planned millennium attacks.
bullet Ahmed Khalfan Ghailani (Tanzanian). He was indicted for a role in the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). He is also said to be an expert document forger.
bullet Majid Khan (Pakistani). He lived in the US since 1996 and is said to have worked with KSM on some US bomb plots (see March 5, 2003).
bullet Abu Faraj al-Libbi (a.k.a. Mustafa al-‘Uzayti) (Libyan). He allegedly became al-Qaeda’s top operations officer after KSM was captured.
bullet Mohamad Farik Amin (a.k.a. Zubair) (Malaysian). He is a key Hambali associate and was allegedly tapped for a suicide mission targeting Los Angeles.
bullet Mohammed Nazir Bin Lep (a.k.a. Lillie) (Malaysian). He is a key Hambali associate. He is accused of providing funds for the 2003 bombing of the Marriott hotel in Jakarta, Indonesia (see August 5, 2003). He was allegedly tapped for a suicide mission targeting Los Angeles.
bullet Gouled Hassan Dourad (Somali). He allegedly scouted a US military base in Djibouti for a planned terrorist attack.
The fourteen are expected to go on trial in 2007. [Knight Ridder, 9/6/2006; Central Intelligence Agency, 9/6/2006; USA Today, 9/7/2006]

Entity Tags: Majid Khan, Mustafa Ahmed al-Hawsawi, Mohamad Farik Amin, Mohammed Nazir Bin Lep, Ramzi bin al-Shibh, Hambali, Gouled Hassan Dourad, Abd al-Rahim al-Nashiri, Abu Faraj al-Libbi, Khallad bin Attash, Abu Zubaida, Ali Abdul Aziz Ali, Central Intelligence Agency, Ahmed Khalfan Ghailani, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

Jonah Goldberg.Jonah Goldberg. [Source: MSNBC / MediaBistro (.com)]Conservative columnist Jonah Goldberg, writing for the National Review, compares former ambassador Joseph Wilson (see February 21, 2002-March 4, 2002 and July 6, 2003) to self-proclaimed child murderer John Mark Karr, who falsely confessed to raping and killing six-year-old JonBenét Ramsey. After writing that “Wilson is no more a would-be pedophile than Karr is a former diplomat,” Goldberg calls both men “attention-seeking liars who deliberately helped launch criminal investigations that should never have gone as far as they did” and the beneficiaries of “media feeding frenzies that wasted everybody’s time.” In some ways, Goldberg writes, Wilson is worse than Karr: at least when Karr lied to the press, he attempted to fix the blame for his supposed actions for himself. Wilson, on the other hand, was “a one-man sprinkler system of false accusations” against Bush administration officials such as the “falsely accused” Lewis Libby. Goldberg repeats false claims by Republican members of the Senate Intelligence Committee that Wilson’s discoveries in Niger actually bolstered administration claims of Iraqi attempts to buy Nigerien uranium (see July 9, 2004), and repeats discredited claims that Wilson’s wife, exposed CIA official Valerie Plame Wilson, sent him to Niger (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). Goldberg calls Wilson “self-lionizing” and “vengeful,” and goes one step further than most of his fellow conservatives (see September 5, 2006), saying, “Indeed, there’s good reason to believe Wilson himself leaked the information that Plame was an undercover agent.” Goldberg advances no information to back this particular claim. Instead of doing its “rightful” job in challenging Wilson’s allegations from the outset, Goldberg writes, the “mob” of “liberal pundits” at the New York Times and other press outlets went “hog wild” in chasing the possibility of wrongdoing performed by Bush officials such as Libby and Karl Rove. [National Review, 9/5/2006]

Entity Tags: New York Times, John Mark Karr, Bush administration (43), JonBenét Ramsey, Karl C. Rove, Jonah Goldberg, Valerie Plame Wilson, Senate Intelligence Committee, Lewis (“Scooter”) Libby, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

David Corn, a Nation editor and co-author of the book Hubris with Newsweek reporter Michael Isikoff, reveals the nature of Valerie Plame Wilson’s status and duties as a CIA agent in his column. Isikoff and Corn have revealed similar information in their book; both accounts are based on interviews with confidential CIA sources. To answer the question of whether columnist Robert Novak broke the law when he “outed” Plame Wilson as a covert CIA official (see July 14, 2003) depends on whether Plame Wilson was, indeed, an undercover agent. Novak has called her “an analyst, not in covert operations” (see October 1, 2003). Conservative columnist Jonah Goldberg has called her a “desk jockey” whose CIA status was common knowledge within Washington (see September 30, 2003). A Republican congressman called her a “glorified secretary” (see September 29, 2003). White House officials have suggested that her employment was no real secret. But according to the research done by Isikoff and Corn, none of that is true. Corn writes: “Valerie Wilson was no analyst or paper-pusher. She was an operations officer working on a top priority of the Bush administration. [Richard] Armitage, [Karl] Rove, and [Lewis] Libby had revealed information about a CIA officer who had searched for proof of the president’s case. In doing so, they harmed her career and put at risk operations she had worked on and foreign agents and sources she had handled” (see July 21, 2003, September 27, 2003, October 22-24, 2003, and October 23-24, 2003)). The book also demonstrates that Plame Wilson did not send her husband, Joseph Wilson, on the now-famous trip to Niger as many Bush administration supporters have claimed (see February 21, 2002-March 4, 2002, February 19, 2002, and July 22, 2003). Isikoff and Corn have verified Plame Wilson’s status as a NOC, or “non-official cover” officer, the highest and most clandestine of the CIA’s field agents (see Fall 1992 - 1996). Her job as a NOC was to recruit agents and informants for the CIA in foreign countries. After her return to Washington, she joined the counterproliferation division’s Iraq desk (see 1997), and eventually headed the operations unit of the CIA’s Joint Task Force on Iraq (JTFI), the agency’s unit in learning about Iraq’s WMD programs (see 2002 and April 2001 and After)—which, Corn writes, was first launched months before the 9/11 attacks. Plame Wilson not only worked on JTFI duties in Washington, but in the Middle East, including a trip to Jordan to determine whether aluminum tubes purchased by Iraq were for conventional missiles or for nuclear centrifuges. When Novak blew her cover, she was preparing to change her clandestine status from NOC to official cover, with plans to eventually return to secret operations. As Corn observes, Novak and the White House officials who leaked the information of her CIA status to him (see September 28, 2003) destroyed her chances of continuing her career, jeopardized the foreign agents and sources she had worked with (see October 3, 2003), and hindered the nation’s ability to determine the truth behind the claims of Iraqi WMD. [Nation, 9/6/2006]

Entity Tags: Lewis (“Scooter”) Libby, David Corn, Central Intelligence Agency, Bush administration (43), Joint Task Force on Iraq, Karl C. Rove, Jonah Goldberg, Richard Armitage, Michael Isikoff, Joseph C. Wilson, Valerie Plame Wilson, Robert Novak

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

A bipartisan Senate report finds that no credible evidence of any links between al-Qaeda and Saddam Hussein’s government ever existed, despite repeated and insistent claims by the White House and its allies (see Early 1995), March-June 1998, (2:40 p.m.) September 11, 2001, Shortly After September 11, 2001, September 18, 2001, September 19, 2001, September 21, 2001, October 27, 2001, 2002, February 6, 2002, March 22, 2002, July 25, 2002, September 12, 2002, September 15, 2002, September 25, 2002, October 1, 2002, October 2, 2002, October 7, 2002, October 7, 2002, December 2, 2002, Mid-January 2003, January 26, 2003, January 28, 2003, January 28, 2003, February 1, 2003-February 4, 2003, February 5, 2003, February 5, 2003, February 6, 2003, February 8, 2003, February 9, 2003, February 11 or 12, 2003, February 16, 2003, March 9, 2003, March 17, 2003, March 17-18, 2003, Shortly After April 9, 2003, July 9, 2003, September 7, 2003, September 14, 2003-September 17, 2003, September 28, 2003, December 17, 2003, January 8, 2004, January 9, 2004, Early June 2004, June 14, 2004, June 15, 2004, June 15, 2004, October 4, 2004, May 2005, October 2005, (2006), January 31, 2006, March 29, 2006, and September 10, 2006). Panel Democrats say that the White House knew the intelligence surrounding its claims of such links was flawed and unreliable.
Tenet Admitted to Giving in to Pressure - They note that in July former CIA Director George Tenet told the panel that the White House pressured him to support its arguments and that he agreed despite the findings of his own analysts. “Tenet admitted to the Intelligence Committee that the policymakers wanted him to ‘say something about not being inconsistent with what the president had said,’” says Intelligence Committee member Carl Levin (D-MI). Such compliance was, in hindsight, “the wrong thing to do,” Tenet added, according to Levin. “Well, it was much more than that,” Levin says. “It was a shocking abdication of a CIA director’s duty not to act as a shill for any administration or its policy.” Tenet also admitted that he erred in issuing a statement after President Bush’s October 7, 2002 speech saying that Bush’s claims were consistent with CIA findings (see October 7, 2002).
Republicans Say Report Just 'Election-Year Politicking' - Republican committee members insist that there is little new information about prewar intelligence or claims about Iraq’s links to terrorism. Ranking committee member Pat Roberts (R-KS) accuses Levin and other Democrats of trying to “use the committee… insisting that they were deliberately duped into supporting the overthrow of Saddam Hussein’s regime.… That is simply not true, and I believe the American people are smart enough to recognize election-year politicking when they see it.” Democrats retort that the report speaks for itself.
Impeachment Not Warranted - However, committee Democrats such as John Rockefeller (D-WV) say that the report does not prove any criminal behavior from Bush or his top officials, and say that impeachment of Bush or anyone else is not warranted.
Hussein Opposed to US Policies - An FBI summary quoted in the report shows Hussein acknowledging that his government had met with al-Qaeda leader Osama bin Laden, but denying any collusion. Hussein said he opposed only US policies, and added that “if he wanted to cooperate with the enemies of the US, he would have allied with North Korea or China,” according to the FBI summary.
Other Portions of Report - Other sections of the report find that no evidence existed to support claims that Iraq was reconstituting its nuclear program (see February 7, 2001, February 12, 2001, November 14, 2001, May 2002-September 2002, September 9, 2002, January 9, 2003, March 8, 2003, May 25, 2003, and May 30, 2003), had possessed biological weapons in 2003 (see 2002, 2002-March 2003, Mid-January 2002, March 22, 2002, August 2002, September 2002, September 24, 2002, December 2002, End of December 2002, January 9, 2003, and March 7, 2003), used the Salman Pak facility to train Islamist terrorists (see September 8, 2006), or that Iraqi officials met with 9/11 hijacker Mohamed Atta in the months before the 9/11 attacks (see September 8-10, 2006). The report also finds that the White House relied heavily on false intelligence from Ahmed Chalabi and the Iraqi National Congress (see After August 2, 1989, (1994), January 1996, November 6-8, 2001, Between February 12, 2002 and March 31, 2002, Between February 12, 2002 and March 31, 2002, Summer 2002, and June 26, 2002). [Senate Intelligence Committee, 9/8/2006 pdf file; Associated Press, 9/9/2006]

Entity Tags: Iraqi National Congress, Bush administration (43), Ahmed Chalabi, Carl Levin, George J. Tenet, Saddam Hussein, Central Intelligence Agency, Osama bin Laden, Pat Roberts, Senate Intelligence Committee, John D. Rockefeller, Mohamed Atta

Timeline Tags: Iraq under US Occupation

Vice President Cheney appears on Meet the Press two days after a bipartisan Senate report asserts that there was no link of any sort between the Iraqi government and al-Qaeda before 9/11, except for one meeting held in 1995. Cheney claims he has not read the report yet, but he says, “whether or not there was a historic relationship between Iraq and al-Qaeda. The basis for that is probably best captured in George Tenet’s testimony before the Senate Intel Commission, an open session, where he said specifically that there was a pattern of relationship that went back at least a decade between Iraq and al-Qaeda.… [Militant leader Abu Musab] al-Zarqawi was in Baghdad after we took Afghanistan and before we went into Iraq. You had the facility up at Kermal, poisons facility, ran by Ansar al-Islam, an affiliate of al-Qaeda.… [The Iraqi government] was a state sponsor of terror. [Saddam Hussein] had a relationship with terror groups. No question about it. Nobody denies that.” [Meet the Press, 9/10/2006] In fact, the Senate report determined that although al-Zarqawi was in Baghdad, the Iraqi government tried hard to find him and catch him, and that Ansar al-Islam was in a part of Iraq outside the control of the Iraq government and the government was actively opposed to them as well. The report claims there was no meeting between hijacker Mohamed Atta and an Iraqi agent in Prague in April 2001. [US Senate and Intelligence Committee, 9/8/2006 pdf file] But regarding that meeting, Cheney still does not deny it took place, even though it has been widely discredited. “We don’t know. I mean, we’ve never been able to, to, to link it, and the FBI and CIA have worked it aggressively. I would say, at this point, nobody has been able to confirm…” [Meet the Press, 9/10/2006] Earlier in the year, Cheney had conceded that the meeting “has been pretty well knocked down now at this stage, that that meeting ever took place” (see March 29, 2006).

Entity Tags: Ansar al-Islam, Abu Musab al-Zarqawi, Al-Qaeda, Saddam Hussein, Ahmed Khalil Ibrahim Samir al-Ani, Mohamed Atta, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion

Conservative columnist Robert Novak, who outed CIA official Valerie Plame Wilson three years ago (see July 14, 2003) after receiving the information about her from, among other sources, then-Deputy Secretary of State Richard Armitage (see July 8, 2003), writes of the Armitage leak. Novak writes that he feels free to discuss it publicly now that Armitage has publicly admitted to being one of Novak’s sources (see September 7, 2006).
Accusation of Misrepresentation - Novak says Armitage misrepresented the nature of their conversation, and wants “to set the record straight based on firsthand knowledge.” Armitage was not passing along information that he “thought” might be the case, Novak writes. “Rather, he identified to me the CIA division where Mrs. Wilson worked [counterproliferation], and said flatly that she recommended the mission to Niger by her husband, former Amb[assador] Joseph Wilson. Second, Armitage did not slip me this information as idle chitchat, as he now suggests. He made clear he considered it especially suited for my column.”
Armitage Leak Discredits 'Left-Wing Fantasy' of White House Smear Campaign - Novak then says that Armitage’s identity as one of the Plame Wilson leakers discredits the “left-wing fantasy of a well-crafted White House conspiracy to destroy Joe and Valerie 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). Armitage was a long-time skeptic of the Iraq invasion, as was Wilson, and Novak himself writes that he “long had opposed military intervention in Iraq.” After his July 2003 column, “[z]ealous foes of George W. Bush transformed me improbably into the president’s lapdog.… The news that [Armitage] and not Karl Rove was the leaker was devastating news for the Left.” Novak is apparently not admitting that Rove was a primary source for the Plame Wilson column (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003). Novak also writes that he finds it difficult to believe Armitage’s claim that he only realized he was Novak’s source for the leak after reading Novak’s October 1, 2003 column (see October 1, 2003). He calls Armitage’s disclosure “tardy” and “tainted,” since in Novak’s view, Armitage’s silence “enabled partisan Democrats in Congress to falsely accuse Rove of being my primary source.” [Chicago Sun-Times, 9/14/2006]
Author: Novak Changed Story for Fourth Time - Progressive author and blogger Marcy Wheeler accuses Novak of “changing his story for the fourth time” (see July 12, 2006) in his recounting of the Armitage episode. In his original column (based in part on Armitage’s confirmation—see July 8, 2003 and July 14, 2003), Novak called Valerie Plame Wilson “an agency operative on weapons of mass destruction,” and credited that information to an unnamed CIA source (later revealed to be CIA spokesman Bill Harlow—see (July 11, 2003) and Before July 14, 2003). In an October 2003 column (see October 1, 2003), Novak named “a senior administration official”—Armitage—as his source for Plame Wilson’s status as an employee of the CIA’s counterproliferation division, which works on WMD (see April 2001 and After). During a subsequent interview with Fox News anchor Brit Hume, Novak again changed Armitage’s description of Plame Wilson’s duties at the CIA. Novak has also changed his story on whether Armitage’s leak was deliberate or merely “chitchat,” as Armitage has claimed. Novak told Newsday reporters that he “didn’t dig out” information on Plame Wilson, “it was given to me.… They thought it was significant, they gave me the name and I used it.” In his October 2003 column, he revised his story, saying he “did not receive a planned leak” and called Armitage’s information “an offhand revelation.” In this current column, he reverts to claiming that Armitage deliberately leaked the information. [Marcy Wheeler, 9/13/2006]

Entity Tags: Marcy Wheeler, Joseph C. Wilson, George W. Bush, Bill Harlow, Karl C. Rove, Richard Armitage, Robert Novak, Valerie Plame Wilson

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 producer Joel Seidman interviews two former prosecutors, and asks them to assess the impact of the recent revelation that Richard Armitage, not Lewis Libby, was the first government official to leak Valerie Plame Wilson’s CIA status on Libby’s upcoming trial (see September 7, 2006). Seidman opens his article by claiming that special counsel Patrick Fitzgerald may face an “uphill battle” in getting a conviction in light of the Armitage revelation, writing, “The possible testimony of the State Department’s former number two official [Armitage], and that of the first journalist to print the name Valerie Plame Wilson [columnist Robert Novak], could potentially sway a jury that there is reasonable doubt to the perjury charges against Libby.” Seidman goes on to call the news of Armitage’s leak a “bombshell announcement,” and a piece of information that Fitzgerald “chose to keep… secret.” Further, Seidman notes that because Armitage and Novak are in some disagreement about the chain of events surrounding Armitage’s leak to Novak (see July 8, 2003) and September 13, 2006), this discontinuity “could enable Libby to argue that he, Libby, wasn’t the only one confused in this case” (see January 31, 2006). It is unclear whether Armitage will testify at Libby’s trial. Seidman interviews two former prosecutors: Solomon Weisenberg, who worked with special prosecutor Kenneth Starr during the Whitewater investigation, and Larry Barcella. Weisenberg says Libby’s lawyers can take “full advantage of the emotional value of Armitage’s admission,” and that while Armitage is not part of the case against Libby, the lawyers could argue that Fitzgerald conducted a sloppy investigation, and has witnesses who contradict one another. However, Barcella says that because the charges facing Libby are about his lying under oath (see October 28, 2005), Armitage’s leaks are irrelevant. [MSNBC, 9/20/2006] Former prosecutor Christy Hardin Smith, writing for the progressive blog FireDogLake, says Seidman is echoing “GOP-pushed media logic,” which she analogizes to the argument that “someone who steals three of your hubcaps, strips your car down of all the valuable parts, take[s] the license plate, and steals your registration should not be charged for all of those crimes because someone else took the first hubcap a little earlier in the day. Um… yeah. Try again. You lie repeatedly to a federal investigator, you pay the penalty, and no amount of after-the-fact *ss-covering obfuscation gets around the fact that Libby lied, repeatedly. If he didn’t need to do so because he and those around him did nothing wrong, then why did he lie on multiple occasions? And why did a federal grand jury find it troubling enough to indict him on five felony counts for doing so?” [Christy Hardin Smith, 9/20/2006]

Entity Tags: Solomon Weisenberg, Joel Seidman, Christy Hardin Smith, Lawrence Barcella, Richard Armitage, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Patrick J. Fitzgerald

Timeline Tags: Domestic Propaganda, 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

Lewis Libby’s defense team files a brief with the court that indicates Libby will testify in his own defense at his upcoming trial. According to the brief, Libby will:
bullet testify on his own behalf during the trial;
bullet introduce a PowerPoint presentation at his trial;
bullet attempt to introduce his notes made during pertinent times; and
bullet attempt to introduce classified documents, including documents pertaining to former ambassador Joseph Wilson’s trip to Niger (see February 21, 2002-March 4, 2002), which his lawyers say can be admitted under exceptions to the hearsay rule. “Mr. Libby must be able to discuss classified information to give the jury an accurate picture of his state of mind during the relevant time period and to show the jury that any errors he made in his statements and testimony were the product of confusion, mistake, and faulty memory rather than deliberate misrepresentations,” defense attorneys write in the brief. [US District Court for the District of Columbia, 9/22/2006 pdf file; Associated Press, 9/23/2006; Jeralyn Merritt, 9/23/2006]

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

Timeline Tags: Niger Uranium and Plame Outing

President Musharraf appeared on the Daily Show with Jon Stewart to promote his new book.President Musharraf appeared on the Daily Show with Jon Stewart to promote his new book. [Source: Adam Rountree / AP]President Pervez Musharraf of Pakistan publishes his autobiography, In the Line of Fire, generating a number of controversies:
bullet He speculates that Omar Saeed Sheikh, who was involved in the kidnapping and murder of Daniel Pearl (see January 23, 2002) and is said to have wired money to the 9/11 hijackers (see Early August 2001), may have been recruited by MI6 in the 1990s (see Before April 1993). The Independent will also comment, “he does not mention that British-born Omar Saeed Sheikh, who planned the Pearl abduction, had surrendered a week before his arrest was announced to a general with intelligence links who was Musharraf’s friend. What happened during that week?” [Independent, 11/21/2006]
bullet Musharraf writes, “Those who habitually accuse us of not doing enough in the war on terror should simply ask the CIA how much prize money it has paid to the Government of Pakistan.” [Press Trust of India, 9/28/2006] However, US law forbids rewards being paid to a government. The US Justice Department says: “We didn’t know about this. It should not happen. These bounty payments are for private individuals who help to trace terrorists on the FBI’s most-wanted list, not foreign governments.” [London Times, 9/26/2006] Musharraf then backtracks and claims the Government of Pakistan has not received any money from the US for capturing people. [Press Trust of India, 9/28/2006]
bullet He also claims that State Department Official Richard Armitage threatened that if Pakistan did not co-operate with the “war on terror,” the US would bomb it “back into the stone age” (see September 13-15, 2001).
The book does not receive good reviews. For example, the Independent calls it “self-serving and self-indulgent” and concludes that “Readers who want to understand contemporary Pakistan deserve a more honest book.” [Independent, 11/21/2006] In a review with the sub-heading “Most of Gen. Pervez Musharraf’s new book cannot be believed,” the Wall Street Journal writes, “The book is not so much an autobiography as a highly selective auto-hagiography, by turns self-congratulatory, narcissistic, and mendacious.” [Wall Street Journal, 10/19/2006]

Entity Tags: Pervez Musharraf, Saeed Sheikh, US Department of Justice, Richard Armitage

Timeline Tags: Complete 911 Timeline

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

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

In two separate sessions, from October 6-11 and again from December 4-14, officials of the International Committee of the Red Cross (ICRC) interview 14 detainees newly transferred from a variety of CIA secret “black sites” to Guantanamo. The transfers followed President Bush’s acknowledgment that the CIA has maintained a number of these sites and his announced intention to have a number of the detainees sent to the Cuban facility (see September 17, 2001 and September 6, 2006).
ICRC Access - The ICRC is legally bound to monitor compliance with the Geneva Conventions and to supervise the treatment of prisoners of war; previously, it had not been allowed to see the detainees, and in some cases were never informed of their detention. The ICRC officials interview each prisoner in private, with the intention of producing “a description of the treatment and material conditions of detention of the 14 during the period they were held in the CIA detention program.”
Interviews - The 14 have been held for periods ranging “from 16 months to almost four and a half years.” The ICRC’s report, never intended for public consumption, will be released to the CIA several months later (see February 14, 2007) and revealed in a book in early 2009 (see March 15, 2009). Some of the detainees, concerned about the possible repercussions that may ensue from their discussions, ask the ICRC to withhold their names from some allegations, though most of the report attributes specific narratives and allegations to particular prisoners. Almost every allegation is independently corroborated by other, named detainees.
'Striking Similarity' - In 2009, author Mark Danner will write, quoting the ICRC report: “[I]ndeed, since the detainees were kept ‘in continuous solitary confinement and incommunicado detention’ throughout their time in ‘the black sites,’ and were kept strictly separated as well when they reached Guantanamo, the striking similarity in their stories, even down to small details, would seem to make fabrication extremely unlikely, if not impossible. ‘The ICRC wishes to underscore,’ as the writers tell us in the introduction, ‘that the consistency of the detailed allegations provided separately by each of the 14 adds particular weight to the information provided below.’”
Topics of Report - The report covers the following areas:
bullet Main elements of the CIA detention program;
bullet Arrest and transfer;
bullet Continuous solitary confinement and incommunicado detention;
bullet Other methods of ill-treatment;
bullet Suffocation by water (the ICRC term for waterboarding);
bullet Prolonged stress standing;
bullet Beatings by use of a collar;
bullet Beating and kicking;
bullet Confinement in a box;
bullet Prolonged nudity;
bullet Sleep deprivation and use of loud music;
bullet Exposure to cold temperature/cold water;
bullet Prolonged use of handcuffs and shackles;
bullet Threats;
bullet Forced shaving;
bullet Deprivation/restricted provision of solid food;
bullet Further elements of the detention regime.
Conclusion - The report concludes: “The allegations of ill-treatment of the detainees indicate that, in many cases, the ill-treatment to which they were subjected while held in the CIA program, either singly or in combination, constituted torture. In addition, many other elements of the ill-treatment, either singly or in combination, constituted cruel, inhuman, or degrading treatment.” Danner will write, “Such unflinching clarity, from the body legally charged with overseeing compliance with the Geneva Conventions—in which the terms ‘torture’ and ‘cruel, inhuman, and degrading treatment’ are accorded a strictly defined legal meaning—couldn’t be more significant.” [New York Review of Books, 3/15/2009]

Entity Tags: International Committee of the Red Cross, Geneva Conventions, Central Intelligence Agency, Mark Danner

Timeline Tags: Torture of US Captives

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

President Bush signs the Military Commissions Act into law.President Bush signs the Military Commissions Act into law. [Source: White House]President Bush signs the Military Commissions Act (MCA) into law. [White House, 10/17/2006] The MCA is designed to give the president the authority to order “enemy detainees” tried by military commissions largely outside the scope of US civil and criminal procedures. The bill was requested by the Bush administration after the Supreme Court’s ruling in Hamdi v. Rumsfeld (see June 28, 2004) that the US could not hold prisoners indefinitely without access to the US judicial system, and that the administration’s proposal that they be tried by military tribunals was unconstitutional (see June 28, 2004). [FindLaw, 10/9/2006] It is widely reported that the MCA does not directly apply to US citizens, but to only non-citizens defined as “enemy combatants. [CBS News, 10/19/2006] However, six months later, a Bush administration lawyer will confirm that the administration believes the law does indeed apply to US citizens (see February 1, 2007).
Sweeping New Executive Powers - The MCA virtually eliminates the possibility that the Supreme Court can ever again act as a check on a president’s power in the war on terrorism. Similarly, the law gives Congressional approval to many of the executive powers previously, and unilaterally, seized by the Bush administration. Former Justice Department official John Yoo celebrates the MCA, writing, “Congress… told the courts, in effect, to get out of the war on terror” (see October 19, 2006). [Savage, 2007, pp. 319, 322]
'Abandoning' Core 'Principles' - The bill passed the Senate on a 65-34 vote, and the House by a 250-170 vote. The floor debate was often impassioned and highly partisan; House Majority Leader John Boehner (R-OH) called Democrats who opposed the bill “dangerous,” and Senate Judiciary Committee member Patrick Leahy (D-VT) said this bill showed that the US is losing its “moral compass.” Leahy asked during the debate, “Why would we allow the terrorists to win by doing to ourselves what they could never do, and abandon the principles for which so many Americans today and through our history have fought and sacrificed?” Senate Judiciary Committee chairman Arlen Specter (R-PA) had said he would vote against it because it is “patently unconstitutional on its face,” but then voted for it, saying he believes the courts will eventually “clean it up.” Specter’s attempt to amend the bill to provide habeas corpus rights for enemy combatants was defeated, as were four Democratic amendments. Republicans have openly used the debate over the MCA as election-year fodder, with House Speaker Dennis Hastert (R-IL) saying after the vote that “House Democrats have voted to protect the rights of terrorists,” and Boehner decrying “the Democrats’ irrational opposition to strong national security policies.” Democrats such as Senator Barack Obama (D-IL) say they will not fight back at such a level. “There will be 30-second attack ads and negative mail pieces, and we will be called everything from cut-and-run quitters to Defeatocrats, to people who care more about the rights of terrorists than the protection of Americans,” Obama says. “While I know all of this, I’m still disappointed, and I’m still ashamed, because what we’re doing here today—a debate over the fundamental human rights of the accused—should be bigger than politics.” [Washington Post, 10/19/2006] After winning the vote, Hastert accused Democrats who opposed the bill of “putting their liberal agenda ahead of the security of America.” Hastert said the Democrats “would gingerly pamper the terrorists who plan to destroy innocent Americans’ lives” and create “new rights for terrorists.” [New York Times, 10/19/2006]
Enemy Combatants - The MCA applies only to “enemy combatants.” Specifically, the law defines an “unlawful enemy combatant” as a person “who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents,” and who is not a lawful combatant. Joanne Mariner of Human Rights Watch says the definition far exceeds the traditionally accepted definition of combatant as someone who directly participates in hostilities. But under the MCA, someone who provides “material support” for terrorists—whether that be in the form of financial contributions or sweeping the floors at a terrorist camp—can be so defined. Worse, the label can be applied without recourse by either Bush or the secretary of defense, after a “competent tribunal” makes the determination. The MCA provides no guidelines as to what criteria these tribunals should use. Taken literally, the MCA gives virtually unrestricted power to the tribunals to apply the label as requested by the president or the secretary. Mariner believes the definition is both “blatantly unconstitutional” and a direct contradiction of centuries of Supreme Court decisions that define basic judicial rights. [FindLaw, 10/9/2006] Under this definition, the president can imprison, without charge or trial, any US citizen accused of donating money to a Middle East charity that the government believes is linked to terrorist activity. Citizens associated with “fringe” groups such as the left-wing Black Panthers or right-wing militias can be incarcerated without trial or charge. Citizens accused of helping domestic terrorists can be so imprisoned. Law professor Bruce Ackerman calls the MCA “a massive Congressional expansion of the class of enemy combatants,” and warns that the law may “haunt all of us on the morning after the next terrorist attack” by enabling a round of mass detentions similar to the roundup of Japanese-American citizens during World War II. [Savage, 2007, pp. 322]
Military Commissions - The MCA mandates that enemy combatants are to be tried by military commissions, labeled “regularly constituted courts that afford all the necessary ‘judicial guarantees which are recognized as indispensable by civilized peoples’ for purposes of common Article 3 of the Geneva Conventions.” The commissions must have a minimum of five commissioned military officers and a military judge; if death is a possible penalty, the commissions must have at least 12 officers. The defendant’s guilt must be proven beyond a reasonable doubt; convictions require a two-thirds vote. Sentences of beyond 10 years require a three-quarters vote, and death penalties must be unanimously voted for. Defendants may either represent themselves or by military or civilian counsel. The court procedures themselves, although based on standard courts-martial proceedings, are fluid, and can be set or changed as the secretary of defense sees fit. Statements obtained through methods defined as torture are inadmissible, but statements take by coercion and “cruel treatment” can be admitted. The MCA sets the passage of the Detainee Treatment Act (DTA—see December 15, 2005) as a benchmark—statements obtained before the December 30, 2005 enactment of that law can be used, even if the defendant was “coerced,” if a judge finds the statement “reasonable and possessing sufficient probative value.” Statements after that date must have been taken during interrogations that fall under the DTA guidelines. Defendants have the right to examine and respond to evidence seen by the commission, a provision originally opposed by the administration. However, if the evidence is classified, an unclassified summary of that material is acceptable, and classified exculpatory evidence can be denied in lieu of what the MCA calls “acceptable substitutes.” Hearsay evidence is admissible, as is evidence obtained without search warrants. Generally, defendants will not be allowed to inquire into the classified “sources, methods, or activities” surrounding evidence against them. Some human rights activists worry that evidence obtained through torture can be admitted, and the fact that it was obtained by torture, if that detail is classified, will not be presented to the court or preclude the evidence from being used. Public access to the commissions will be quite limited. Many experts claim these commissions are illegal both by US constitutional law and international law. [FindLaw, 10/9/2006]
Secret Courts - The military tribunals can be partially or completely closed to public scrutiny if the presiding judge deems such an action necessary to national security. The government can convey such concerns to the judge without the knowledge of the defense. The judge can exclude the accused from the trial if he deems it necessary for safety or if he decides the defendant is “disruptive.” Evidence can be presented in secret, without the knowledge of the defense and without giving the defense a chance to examine that evidence, if the judge finds that evidence “reliable.” And during the trial, the prosecution can at any time assert a “national security privilege” that would stop “the examination of any witness” if that witness shows signs of discussing sensitive security matters. This provision can easily be used to exclude any potential defense witness who might “breach national security” with their testimony. Author and investigative reporter Robert Parry writes, “In effect, what the new law appears to do is to create a parallel ‘star chamber’ system for the prosecution, imprisonment, and elimination of enemies of the state, whether those enemies are foreign or domestic.” [Consortium News, 10/19/2006]
Appeals - Guilty verdicts are automatically appealed to a Court of Military Commission Review, consisting of three appellate military justices. The DC Circuit Court of Appeals has extremely limited authority of review of the commissions; even its authority to judge whether a decision is consistent with the Constitution is limited “to the extent [that the Constitution is] applicable.”
Types of Crimes - Twenty-eight specific crimes fall under the rubric of the military commissions, including conspiracy (not a traditional war crime), murder of protected persons, murder in violation of the bill of war, hostage-taking, torture, cruel or inhuman treatment, mutilation or maiming, rape, sexual abuse or assault, hijacking, terrorism, providing material support for terrorism, and spying. [FindLaw, 10/9/2006]
CIA Abuses - The MCA, responding to the recent Supreme Court decision of Hamdan v. Rumsfeld (see June 30, 2006) that found the CIA’s secret detention program and abusive interrogation practices illegal, redefines and amends the law to make all but the most pernicious interrogation practices, even those defined as torture by the War Crimes Act and the Geneva Conventions, legal. The MCA actually rules that the Geneva Conventions are all but unenforceable in US courts. It also provides retroactive protection under the law to all actions as far back as November 1997. Under the MCA, practices such as waterboarding, stress positioning, and sleep deprivation cannot be construed as torture. [FindLaw, 10/9/2006] The MCA even states that rape as part of interrogations cannot be construed as torture unless the intent of the rapist to torture his victim can be proven, a standard rejected by international law. The MCA provides such a narrow definition of coercion and sexual abuse that most of the crimes perpetrated at Abu Ghraib are now legal. [Jurist, 10/4/2006] Although the MCA seems to cover detainee abuse for all US agencies, including the CIA, Bush says during the signing of the bill, “This bill will allow the Central Intelligence Agency to continue its program for questioning key terrorist leaders and operatives.” International law expert Scott Horton will note, “The administration wanted these prohibitions on the military and not on the CIA, but it did not work out that way.” Apparently Bush intends to construe the law to exempt the CIA from its restrictions, such as they are, on torture and abuse of prisoners. [Salon, 5/22/2007]
No Habeas Corpus Rights - Under the MCA, enemy combatants no longer have the right to file suit under the habeas corpus provision of US law. This means that they cannot challenge the legality of their detention, or raise claims of torture and mistreatment. Even detainees who have been released can never file suit to seek redress for their treatment while in US captivity. [FindLaw, 10/25/2006]
Retroactive Immunity - The administration added a provision to the MCA that rewrote the War Crimes Act retroactively to November 26, 1997, making any offenses considered war crimes before the MCA is adopted no longer punishable under US law. Former Nixon White House counsel John Dean will write in 2007 that the only reason he can fathom for the change is to protect administration officials—perhaps including President Bush himself—from any future prosecutions as war criminals. Dean will note that if the administration actually believes in the inherent and indisputable powers of the presidency, as it has long averred, then it would not worry about any such criminal liability. [Dean, 2007, pp. 239-240]

Entity Tags: Human Rights Watch, Joanne Mariner, US Supreme Court, Patrick J. Leahy, Military Commissions Act, John Dean, George W. Bush, Scott Horton, Geneva Conventions, Bruce Ackerman, Dennis Hastert, American Civil Liberties Union, Amnesty International, Detainee Treatment Act, Arlen Specter, War Crimes Act, Barack Obama, Central Intelligence Agency, Bush administration (43), John Boehner

Timeline Tags: Civil Liberties

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

A long shot of Firdos Square during the statue toppling process. A small knot of onlookers can be seen surrounding the statue at the far end of the area; most of the square is empty. Three US tanks can be seen stationed around the square.A long shot of Firdos Square during the statue toppling process. A small knot of onlookers can be seen surrounding the statue at the far end of the area; most of the square is empty. Three US tanks can be seen stationed around the square. [Source: Ian Masters]A study by the Journal of Broadcasting and Electronic Media is presented at the October 2006 conference of the Association for Education in Journalism and Mass Communication. The study features an in-depth examination of the iconic toppling of the Firdos Square statue of Saddam Hussein (see April 9, 2003, April 9, 2003, and April 10, 2003). The study notes that “wide-angle shots show clearly that the square was never close to being a quarter full [and] never had more than a few hundred people in it (many of them reporters).” But after the initial two-hour live broadcast of the statue’s fall, US broadcasters chose to repeat tightly focused shots that, in author Frank Rich’s words, “conjured up a feverish popular uprising matching the administration’s prewar promise that Americans would see liberated Iraqis celebrating in the streets” (see November 18-19, 2001, 2002-2003, August 3, 2002, and September 9, 2002). According to the study, some version of the statue-toppling footage played every 4.4 minutes on Fox News between 11 a.m. and 8 p.m. the day of the statue’s fall, and every seven minutes on CNN. [Rich, 2006, pp. 83-84; Association for Education in Journalism and Mass Communication, 10/22/2006]

Entity Tags: CNN, Saddam Hussein, Frank Rich, Journal of Broadcasting and Electronic Media, Fox News, Association for Education in Journalism and Mass Communication

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

MSNBC reports that Mohammed al-Khatani, the alleged would-be twentieth 9/11 hijacker, will likely never be put on trial. A US army investigation concluded that he “was forced to wear a bra. He had a thong placed on his head. He was massaged by a female interrogator who straddled him like a lap dancer. He was told that his mother and sisters were whores. He was told that other detainees knew he was gay. He was forced to dance with a male interrogator. He was strip-searched in front of women. He was led on a leash and forced to perform dog tricks. He was doused with water. He was prevented from praying. He was forced to watch as an interrogator squatted over his Koran.” Mark Fallon, head of the Pentagon’s Criminal Investigation Task Force, claims that he was told by other officials several times not to worry building a legal case against al-Khatani since there would never be a trial against him due to the interrogation techniques used on him. [MSNBC, 10/26/2006] According to al-Khatani’s lawyer, al-Khatani appears to be a broken man, who “painfully described how he could not endure the months of isolation, torture and abuse, during which he was nearly killed, before making false statements to please his interrogators.” [Time, 3/3/2006]

Entity Tags: Mohamed al-Khatani

Timeline Tags: Torture of US Captives

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

After learning that a new book published by Pakistani President Pervez Musharraf (see September 25, 2006) says that alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) either killed American reporter Daniel Pearl or played a leading role in the murder (see January 31, 2002), the lawyer for Saeed Sheikh, one of the kidnappers, says he plans to use the book in an appeal. Sheikh was found guilty of the kidnapping (see April 5, 2002), but the lawyer, Rai Bashir, says, “I’m going to submit an application that [Musharraf’s] book be used as a piece of evidence. The head of state has exonerated [Sheikh and his accomplices].” [Christian Science Monitor, 11/8/2006] Bashir will also make similar comments after KSM says that he carried out the murder in early 2007 (see March 10, 2007): “In the next court hearing, I am going to submit the recent statement by Khalid Shaikh Mohammed in which he said he himself beheaded the US journalist… From day one, my contention was that the evidence presented in court was not strong enough to lead to the conviction of my client.” [Guardian, 3/19/2007] Sheikh was convicted in July 2002 (see July 15, 2002). As of late July 2005, the appeal proceedings had been adjourned thirty-two times. [International Herald Tribune, 7/29/2005] As of 2007, his appeal process is still in limbo.

Entity Tags: Pervez Musharraf, Rai Bashir, Saeed Sheikh

Timeline Tags: Complete 911 Timeline

Rumsfeld leaving the Defense Department.Rumsfeld leaving the Defense Department. [Source: Boston Globe]Donald Rumsfeld resigns as US defense secretary. On November 6, he writes a letter telling President Bush of his resignation. Bush reads the letter the next day, which is also the date for midterm elections in the US, in which the Democratic Party wins majorities in the Senate and House of Representatives. Bush publicly announces the resignation the next day. No explanation is given for the delay in making the announcement. [Reuters, 8/15/2007]
Replaced by Gates - Rumsfeld is formally replaced by Robert Gates on December 18, 2006. According to a retired general who worked closely with the first Bush administration, the Gates nomination means that George H.W. Bush, his close political advisers—Brent Scowcroft, James Baker—and the current President Bush are saying that “winning the 2008 election is more important than any individual. The issue for them is how to preserve the Republican agenda. The Old Guard wants to isolate Cheney and give their girl, Condoleezza Rice, a chance to perform.” It takes Scowcroft, Baker, and the elder Bush working together to oppose Cheney, the general says. “One guy can’t do it.” Other sources close to the Bush family say that the choice of Gates to replace Rumsfeld is more complex than the general describes, and any “victory” by the “Old Guard” may be illusory. A former senior intelligence official asks rhetorically: “A week before the election, the Republicans were saying that a Democratic victory was the seed of American retreat, and now Bush and Cheney are going to change their national security policies? Cheney knew this was coming. Dropping Rummy after the election looked like a conciliatory move—‘You’re right, Democrats. We got a new guy and we’re looking at all the options. Nothing is ruled out.’” In reality, the former official says, Gates is being brought in to give the White House the credibility it needs in continuing its policies towards Iran and Iraq.
New Approach towards Iran? - Gates also has more credibility with Congress than Rumsfeld, a valuable asset if Gates needs to tell Congress that Iran’s nuclear program poses an imminent threat. “He’s not the guy who told us there were weapons of mass destruction in Iraq, and he’ll be taken seriously by Congress.” Joseph Cirincione, a national security director for the Center for American Progress, warns: “Gates will be in favor of talking to Iran and listening to the advice of the Joint Chiefs of Staff, but the neoconservatives are still there [in the White House] and still believe that chaos would be a small price for getting rid of the threat. The danger is that Gates could be the new Colin Powell—the one who opposes the policy but ends up briefing the Congress and publicly supporting it.” [New Yorker, 11/27/2006]

Entity Tags: Robert M. Gates, Joseph Cirincione, Brent Scowcroft, George W. Bush, Condoleezza Rice, James A. Baker, George Herbert Walker Bush, Donald Rumsfeld

Timeline Tags: US confrontation with Iran, US Military, Complete 911 Timeline, Events Leading to Iraq Invasion, Iraq under US Occupation, Domestic Propaganda

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

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

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

Prosecutors tell a federal court that former White House official Lewis Libby may have disclosed information from a highly classified government report, the 2002 National Intelligence Estimate on Iraq (see October 1, 2002), to reporters (see June 19 or 20, 2003, June 27, 2003, July 2, 2003, 7:35 a.m. July 8, 2003, July 12, 2003, July 12, 2003, July 14 or 15, 2003) before the report was declassified by President Bush (see July 18, 2003). Libby’s lawyers have asked that the federal prosecutors, led by special counsel Patrick Fitzgerald, be barred from arguing at trial that Libby acted improperly or illegally by disclosing such information. Libby has claimed that he disclosed the information at the direction of his then-supervisor, Vice President Dick Cheney. According to Libby, Cheney told him that he had received permission to disclose the information from Bush (see March 24, 2004). Fitzgerald wishes to have the ability to question Libby’s assertions that all of his disclosures were authorized. [New York Sun, 11/17/2006]

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

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

After the Iraq Study Group (ISG) report is tossed aside by President Bush (see December 2006), his neoconservative advisers quickly locate a study more to their liking. Not surprisingly, it is from the neoconservative American Enterprise Institute. The study, written by Frederick Kagan (the brother of Robert Kagan, a signatory of the 1998 PNAC letter urging then-President Clinton to overthrow Saddam Hussein—see January 26, 1998), was commissioned in late September or early October by Kagan’s AEI boss, Danielle Pletka, the vice president of foreign and defense studies at the institute. Kagan later says that Plekta thought “it would be helpful to do a realistic evaluation of what would be required to secure Baghdad.” The study is released during a four-day planning exercise that coincides with the release of the ISG report, but Kagan says neither the timing nor the report itself has anything to do with the ISG. “This is not designed to be an anti-ISG report,” Kagan insists. “Any conspiracy theories beyond that are nonsense. There was no contact with the Bush administration. We put this together on our own. I did not have any contact with the vice president’s office prior to… well, I don’t want to say that. I have had periodic contact with the vice president’s office, but I can’t tell you the dates.” Kagan’s study, with the appealing title “Choosing Victory: A Plan for Success in Iraq,” says that 20,000 more US troops deployed throughout Baghdad will turn the tide and ensure success. The study becomes the centerpiece of Bush’s “surge” strategy (see January 2007). [Unger, 2007, pp. 342-343]

Entity Tags: Bush administration (43), American Enterprise Institute, Iraq Study Group, George W. Bush, Frederick Kagan, Danielle Pletka

Timeline Tags: Iraq under US Occupation

Page 18 of 21 (2065 events)
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