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Context of 'April 29, 2007: Former CIA Director Tenet Denies CIA Has Used Torture on Terrorism Detainees'

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Saad al-Fagih.Saad al-Fagih. [Source: PBS]The US and UN designate Saad al-Fagih a global terrorist, but Britain, where he lives, takes no effective action against him. Al-Fagih helped supply bin Laden with a satellite telephone used in the 1998 embassy bombings (see November 1996-Late August 1998). Britain seizes the assets of al-Fagih and his organization, the Movement for Islamic Reform in Arabia. [US Department of the Treasury, 12/21/2004; BBC, 12/24/2004] However, Saudi ambassador to Britain Prince Turki al-Faisal will later complain that the total seized is only ”£20 or something” (note: equivalent of about $39) and that the British government allows al-Fagih to continue to operate openly from London, despite being a specially designated global terrorist (see August 10, 2005). [London Times, 8/10/2005] Britain has long been suspected of harboring Islamic militants in return for them promising not to attack Britain (see August 22, 1998).

Entity Tags: Turki al-Faisal, Saad al-Fagih, Movement for Islamic Reform in Arabia, US Department of the Treasury, United Nations

Timeline Tags: Complete 911 Timeline

Details of an internal CIA report (see June-November 2004) investigating the CIA’s failure to stop the 9/11 attacks are leaked to the New York Times. The report by John Helgerson, the CIA’s inspector general, was completed in June 2004 but remains classified (see June-November 2004). It sharply criticizes former CIA Director George Tenet, as well as former Deputy Director of Operations James Pavitt. It says these two and others failed to meet an acceptable standard of performance, and recommends that an internal review board review their conduct for possible disciplinary action. Cofer Black, head of the CIA’s Counter Terrorism Center at the time of 9/11, is also criticized. However, the New York Times notes that, “It is not clear whether either the agency or the White House has the appetite to reprimand Mr. Tenet, Mr. Pavitt or others.… particularly since President Bush awarded a Medal of Freedom to Mr. Tenet last month.” It is unclear if any reprimands will occur, or even if the final version of the report will point blame at specific individuals. [New York Times, 1/7/2005] In late October 2004, the new CIA Director, Porter Goss, had asked Helgerson to modify the report to avoid drawing conclusions about whether individual CIA officers should be held accountable. [New York Times, 11/2/2004] Helgerson “appears to have accepted [Goss’s] recommendation” and will defer any final judgments to a CIA Accountability Review Board. The final version of the report is said to be completed within weeks. [New York Times, 1/7/2005] However, months pass, and in October 2005, Goss will announce that he is not going to release the report, and also will not convene an accountability board to hold anyone responsible (see October 10, 2005), although an executive summary will be released in 2007 (see August 21, 2007).

Entity Tags: John Helgerson, George W. Bush, Cofer Black, Central Intelligence Agency, George J. Tenet, James Pavitt

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Zacarias Moussaoui wants captured al-Qaeda leaders Khalid Shaikh Mohammed and Ramzi bin al-Shibh to testify in his trial. However, an appeals court in April 2004 had only allowed indirect access to those prisoners, and further appeals court decisions in September and October 2004 had reaffirmed that ruling. On this date, the US Supreme Court, without comment, refuses to hear a further appeal. This was expected because the Supreme Court typically doesn’t hear such appeals until after the case goes to trial. [Washington Post, 9/14/2004; Washington Post, 10/14/2004; Washington Post, 3/22/2005] Moussaoui’s guilty plea one month later (see April 22, 2005) may lead to a new round of appeals. Presiding judge Leonie Brinkema has indicated she believes witness access is “highly relevant to the sentencing phase,” which will begin next, and could constitute “mitigating evidence” that could make the difference between Moussaoui receiving the death penalty or not. [Washington Post, 4/23/2005]

Entity Tags: Zacarias Moussaoui, Khalid Shaikh Mohammed, US Supreme Court, Ramzi bin al-Shibh, Leonie Brinkema

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Zacarias Moussaoui.
Zacarias Moussaoui. [Source: Sherburne County Sheriffs Office]In an unexpected move, Zacarias Moussaoui pleads guilty to all six terrorism conspiracy charges against him. Moussaoui had been arrested weeks before 9/11, and was formally charged in December 2001 for his role in the 9/11 plot. He says it is “absolutely correct” that he is guilty of the charges: conspiracy to commit acts of terrorism transcending national boundaries; to commit aircraft piracy; to destroy aircraft; to use weapons of mass destruction; to murder US government employees; and to destroy US government property. However, he says, “I was not part of 9/11,” but rather claims he was part of a “broader conspiracy” aimed at post-9/11 attacks. He says he was personally directed by bin Laden to pilot a 747 and “strike the White House” with it, but as part of a “different conspiracy than 9/11.” His plea means there will be no trial to determine guilt, but there will still be a trial to determine his sentencing, which could be as severe as the death penalty. He promises to fight in the sentencing phase, stating he doesn’t deserve death because he was not directly connected to the 9/11 plot. [CNN, 4/23/2005; Washington Post, 4/23/2005] A CNN legal analyst notes that Moussaoui’s guilty plea “makes little sense.” Moussaoui may have actually had a chance to be proven not guilty because of the many thorny legal issues his case raises (two suspected members of the al-Qaeda Hamburg cell have been found not guilty in German courts because they have not been allowed access to testimony from al-Qaeda prisoners who might exonerate them, and Moussaoui so far has been denied access to those same prisoners (see March 22, 2005)). It is pointed out that Moussaoui gave a guilty plea without “any promise of leniency in exchange for his plea,” and that he is unlikely to gain any sympathetic advantage from it in the death penalty trial. CNN’s analyst notes that the statements in his plea “suggest that Moussaoui [mistakenly] thought he had tricked the prosecution.” Doubts still remain whether Moussaoui is fully mentally sound and capable of legally defending himself. [CNN, 4/28/2005] A counterterrorism expert for RAND Corporation says of Moussaoui’s rather confusing statements, “If we thought by the end of the day we would find the holy grail as to exactly what the genesis of 9/11 was and what Moussaoui’s role in it was, we have been sorely disappointed. This contradiction in his behavior raises more questions than it answers.” The Washington Post notes that, “It remains uncertain” whether the death penalty trial “will divulge much new information about the plot.” [Washington Post, 4/23/2005]

Entity Tags: Zacarias Moussaoui, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Jordanian journalist Fuad Hussein publishes a book that extensively quotes Saif al-Adel, who is believed to be al-Qaeda’s current military commander and possibly lives in Iran (see Spring 2002). Al-Adel claims: “Abu Musab [al-Zarqawi] and his Jordanian and Palestinian comrades opted to go to Iraq.… Our expectations of the situation indicated that the Americans would inevitably make a mistake and invade Iraq sooner or later. Such an invasion would aim at overthrowing the regime. Therefore, we should play an important role in the confrontation and resistance. Contrary to what the Americans frequently reiterated, al-Qaeda did not have any relationship with Saddam Hussein or his regime. We had to draw up a plan to enter Iraq through the north that was not under the control of [Hussein’s] regime. We would then spread south to the areas of our fraternal Sunni brothers. The fraternal brothers of the Ansar al-Islam expressed their willingness to offer assistance to help us achieve this goal.” [Bergen, 2006, pp. 120, 361-362] He says “the ultimate objective was to prompt” the US “to come out of its hole” and take direct military action in an Islamic country. “What we had wished for actually happened. It was crowned by the announcement of Bush Jr. of his crusade against Islam and Muslims everywhere.” [New York Times Magazine, 9/11/2005] Al-Adel seems to have served as a liaison between al-Qaeda and al-Zarqawi, and mentions elsewhere in the book that his goal was not “full allegiance” from al-Zarqawi’s group, but “coordination and cooperation” to achieve joint objectives. [Bergen, 2006, pp. 120, 353-354]

Entity Tags: Fuad Hussein, Ansar al-Islam, Al-Qaeda, Abu Musab al-Zarqawi, Saif al-Adel

Timeline Tags: Complete 911 Timeline

Outgoing Undersecretary of Defense Douglas Feith, one of the key architects of the Iraq occupation, is bemused by the fact that, despite his predictions and those of his neoconservative colleagues, Iraq is teetering on the edge of all-out civil war. He has come under fire from both political enemies and former supporters, with Senator Carl Levin (D-MI) accusing him of deceiving both the White House and Congress, and fellow neoconservative William Kristol accusing him of “being an agent of” disgraced Defense Secretary Donald Rumsfeld (see November 6-December 18, 2006). Feith defends the invasion of Iraq, calling it “an operation to prevent the next, as it were, 9/11,” and noting that the failure to find WMD is essentially irrelevant to the justification for the war. “There’s a certain revisionism in people looking back and identifying the main intelligence error [the assumption of stockpiles] and then saying that our entire policy was built on that error.” Feith is apparently ignoring the fact that the administration’s arguments for invading Iraq—including many of his own assertions—were built almost entirely on the “error” of the Iraqi WMD threat (see July 30, 2001, Summer 2001, September 11, 2001-March 17, 2003, Shortly After September 11, 2001, September 14, 2001, September 19-20, 2001, September 20, 2001, October 14, 2001, November 14, 2001, 2002, 2002-March 2003, February 2002, Summer 2002, August 26, 2002, September 3, 2002, September 4, 2002, September 8, 2002, September 8, 2002, September 10, 2002, September 12, 2002, Late September 2002, September 19, 2002, September 24, 2002, September 24, 2002, September 28, 2002, October 7, 2002, December 3, 2002, December 12, 2002, January 9, 2003, February 3, 2003, February 5, 2003, February 8, 2003, March 22, 2003, and March 23, 2003, among others).
Cultural Understanding Did Not Lead to Success - Feith says he is not sure why what he describes as his deep understanding of Iraqi culture did not lead to accurate predictions of the welcome the US would receive from the Iraqi people (see November 18-19, 2001, 2002-2003, September 9, 2002, and October 11, 2002). “There’s a paradox I’ve never been able to work out,” he says. “It helps to be deeply knowledgeable about an area—to know the people, to know the language, to know the history, the culture, the literature. But it is not a guarantee that you will have the right strategy or policy as a matter of statecraft for dealing with that area. You see, the great experts in certain areas sometimes get it fundamentally wrong.” Who got it right? President Bush, he says. “[E]xpertise is a very good thing, but it is not the same thing as sound judgment regarding strategy and policy. George W. Bush has more insight, because of his knowledge of human beings and his sense of history, about the motive force, the craving for freedom and participation in self-rule, than do many of the language experts and history experts and culture experts.”
'Flowers in Their Minds' - When a reporter notes that Iraqis had not, as promised, greeted American soldiers with flowers, Feith responds that they were still too intimidated by their fear of the overthrown Hussein regime to physically express their gratitude. “But,” he says, “they had flowers in their minds.” [New Yorker, 5/9/2005; Scoblic, 2008, pp. 228-229]

Entity Tags: US Department of Defense, Carl Levin, William Kristol, Douglas Feith

Timeline Tags: Iraq under US Occupation

A revised version of the CIA inspector general’s report into some of the agency’s failings before 9/11 is finished and sent to CIA management. A version of the report had been completed a year earlier, but it had to be revised due to criticism (see June-November 2004). It recommends accountability boards be convened to assess the performance of several officers. Although not all the officers are named, it is sometimes possible to deduce who they are based on the circumstances. The convening of accountability boards is recommended for:
bullet CIA Director George Tenet, for failing to personally resolve differences between the CIA and NSA that impeded counterterrorism efforts;
bullet CIA Executive Director David Carey (July 1997-March 2001), CIA Executive Director A.B. “Buzzy” Krongard (March 2001-9/11), CIA Deputy Director for Operations Jack Downing (1997-1999), and CIA Deputy Director for Operations James Pavitt (1999-9/11) for failing to properly manage CIA counterterrorism funds (see 1997-2001);
bullet CIA Counterterrorist Center Chief Jeff O’Connell (1997-1999) for failing to properly manage CIA counterterrorism funds (see 1997-2001), for staffing Alec Station, the CIA’s bin Laden unit, with officers lacking experience, expertise and training, for failing to ensure units under him coordinated coverage of Khalid Shaikh Mohammed (KSM), for poor leadership of the CIA’s watchlisting program, for poor management of a program where officers were loaned between the CIA and other agencies, and for failing to send officers to the NSA to review its material;
bullet CIA Counterterrorist Center Chief Cofer Black (Summer 1999-9/11) for failing to properly manage CIA counterterrorism funds (see 1997-2001), for staffing Alec Station, the CIA’s bin Laden unit, with officers lacking experience, expertise and training, for failing to ensure units under him coordinated coverage of KSM, for poor leadership of the CIA’s watchlisting program, possibly for failing to ensure the FBI was informed one of the 9/11 hijackers had entered the US, possibly for failing to do anything about Nawaf Alhazmi and Khalid Almihdhar in 2001, for poor management of a program where officers were loaned between the CIA and other agencies, and for failing to send officers to the NSA to review its material;
bullet Chief of Alec Station Richard Blee. Some sections of the report appear to refer to Blee, but are redacted. It seems to criticize him for failing to properly oversee operations related to KSM, failing to ensure the FBI was informed one of the 9/11 hijackers had entered the US, and failing to do anything about Alhazmi and Almihdhar in 2001;
bullet Deputy Chief of Alec Station Tom Wilshire. Some sections of the report appear to refer to Tom Wilshire, but are redacted. It seems to criticize him for failing to ensure the FBI was informed one of the 9/11 hijackers had entered the US, and for failing to do anything about Alhazmi and Almihdhar in 2001;
bullet Unnamed officer, possibly head of the CIA’s renditions branch, for failing to properly oversee operations related to KSM;
bullet Unnamed officer, for failing to ensure the FBI was informed one of the 9/11 hijackers had entered the US, and for failing to do anything about Alhazmi and Almihdhar in 2001;
bullet Unnamed officer(s), for failure to produce any coverage of KSM from 1997 to 2001. The type of coverage that should have been provided is redacted in the publicly released executive summary of the report.
The report may recommend accountability boards for other officers, but this is not known due to redactions and the publication of only the executive summary. CIA Director Porter Goss will decide not to convene any accountability boards (see October 10, 2005), and the report will remain secret until the executive summary is released in 2007 (see August 21, 2007). [Central Intelligence Agency, 6/2005 pdf file]

Entity Tags: Jeff O’Connell, Office of the Inspector General (CIA), James Pavitt, Tom Wilshire, Jack Downing, David Carey, A.B. (“Buzzy”) Krongard, Central Intelligence Agency, Cofer Black, George J. Tenet, Richard Blee

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

According to CounterPunch, the Italian Parliament releases a report on the forged Iraq-Niger uranium documents (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 report names four people as the most likely forgers: neoconservative Michael Ledeen (see April 3, 2005), former CIA agent Duane Clarridge (see Late 1998), Iraqi National Congress (INC) head Ahmed Chalabi (see 1992-1996 and February 2002), and Chalabi’s close friend and colleague Francis Brooke, who belongs to the Rendon Group, a public relations group formed by the Pentagon in part to promote Chalabi and the INC (see May 1991 and Mid-December 2003). The report suggests the forgeries may have been planeed at a December 2001 meeting in Rome (see December 9, 2001) that involved Ledeen, head of the Italian intelligence service SISMI Nicolo Pollari (see September 9, 2002), and accused spy Larry Franklin (see December 9, 2001). [CounterPunch, 11/1/2005; CounterPunch, 11/9/2005] When the report is publicized in November 2005, Italian government officials will deny the existence of any such report, a denial bolstered by media reports. Journalist Laura Rozen will write that no such report was ever produced, nor was a parliamentary investigation into the Niger forgeries held by the Italian parliament at the time. “There is no parliamentary report,” a spokeswoman for Enzo Bianco, a member of Italy’s parliament, will say. Nor is there an unpublished report, the spokeswoman will say. Rozen will write that Bianco’s spokeswoman “does not just appear to be engaged in a cover up of a secret report. No one in Italy seriously investigating the Niger forgeries has heard of such a report.” The Italian newspaper La Repubblica will also report that no such parliamentary report was ever written. Former CIA officer Vincent Cannistraro, who will say he knew of rumors about such a report at one time, will also say that no such report exists. “There is no published report,” he will tell Rozen. “If there is a report, we might expect it would have some analysis and conclusions. There is no report, at least not a published report.… I think this stuff is just getting circulated.” [Laura Rozen, 11/3/2005]

Entity Tags: La Repubblica, Enzo Bianco, Duane Clarridge, Ahmed Chalabi, Francis Brooke, Italian Parliament, Nicolo Pollari, Iraqi National Congress, Vincent Cannistraro, Laura Rozen, Larry Franklin, Michael Ledeen

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

A source from within the Valerie Plame Wilson identity leak investigation confirms that White House political adviser Karl Rove had spoken with conservative columnist Robert Novak before Novak published his column identifying Plame Wilson as a CIA officer (see July 8, 2003 and July 14, 2003). Rove discussed Plame Wilson with Novak. However, according to the source, Rove first heard about Plame Wilson from Novak, as well as learning from Novak that she had played a role in recommending her husband, Joseph Wilson, for a trip to Niger to investigate claims that Iraq had attempted to purchase uranium from that country (see February 21, 2002-March 4, 2002 and July 6, 2003). According to the source, Novak, not Rove, initiated the conversation about Plame Wilson. It is not clear who revealed Plame Wilson’s identity to Novak, or whether Novak has identified that source to the grand jury. [New York Times, 7/15/2005; New York Times, 7/16/2005] In its reporting, the New York Times publicly reveals the July 8, 2003 conversation between Rove and Novak (see July 8, 2003). [New York Times, 7/15/2005] Novak has disputed Rove’s version of events, saying that Rove confirmed Plame Wilson’s identity to him and not the other way around (see October 7, 2003, February 5, 2004, and September 14, 2004).

Entity Tags: Robert Novak, Joseph C. Wilson, Karl C. Rove, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Former State Department official Marc Grossman, who has testified that he is one of the officials who divulged former CIA covert official Valerie Plame Wilson’s identity to former White House aide Lewis Libby (see 12:00 p.m. June 11, 2003), tells reporters that former ambassador Joseph Wilson’s trip to Niger (see March 4-5, 2002) had nothing to do with Plame Wilson being Wilson’s wife, as many of Libby’s defenders assert. Grossman wrote a memo detailing Wilson’s trip to Niger (see June 10, 2003) that was given to Libby and other White House officials. Grossman, speaking anonymously, says: “It wasn’t a Wilson-Wilson wife memo. It was a memo on uranium in Niger and focused principally on our [the State Department’s] disagreement” with the White House. The memo noted, erroneously, that Plame Wilson helped engineer Wilson’s trip to Niger (see February 19, 2002, July 22, 2003, and October 17, 2003), but Grossman says it did not identify her as an undercover CIA agent, nor did it identify her as Valerie Plame, which was her maiden name and cover name at the CIA. Grossman says the fact that the CIA official and Wilson were a married couple was largely an incidental reference. [Associated Press, 7/20/2005] Grossman will be revealed as the anonymous source who speaks to reporters at this time in April 2006. [Truthout (.org), 4/14/2006]

Entity Tags: Lewis (“Scooter”) Libby, Bush administration (43), Central Intelligence Agency, Joseph C. Wilson, Valerie Plame Wilson, Marc Grossman, US Department of State

Timeline Tags: Niger Uranium and Plame Outing

MSNBC reports that the grand jury investigating the Plame Wilson identity leak has heard testimony from UN Ambassador John Bolton about a State Department memo identifying Valerie Plame Wilson as a CIA official (see May 29, 2003 and June 10, 2003). The date of Bolton’s appearance before the grand jury is unclear. At the time of the memo, Bolton was an undersecretary in the State Department. [MSNBC, 7/21/2005] Bolton failed to mention his grand jury appearance, or his involvement in the Plame Wilson leak, during Senate confirmation hearings for his nomination as UN ambassador. [New York Times, 7/22/2005] State Department spokesman Sean McCormack will deny that Bolton testified before the grand jury. [Newsmax, 7/28/2005] A day later, the State Department will acknowledge that Bolton was interviewed over his role in the administration’s Iraq-Niger uranium claims, another fact he omitted during his nomination hearings, but will not admit to his appearance before the grand jury. [Associated Press, 7/29/2005]

Entity Tags: Sean McCormack, John R. Bolton, US Department of State, MSNBC, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Arianna Huffington.Arianna Huffington. [Source: Boston Globe]Liberal blogger Arianna Huffington slams the perception that New York Times reporter Judith Miller is, in Huffington’s words, “a heroic martyr, sacrificing her freedom in the name of journalistic integrity” by going to jail to protect her White House sources in the Plame Wilson leak investigation (see July 6, 2005). Huffington speculates that Miller is herself the source she is trying to protect. It was Miller, Huffington theorizes, who found out from “her friends in the intelligence community” that Plame Wilson was a covert CIA agent, and subsequently told White House official Lewis Libby of Plame Wilson’s CIA status. Miller’s motivation was to protect her own rapidly deteriorating reputation as a purveyor of manipulated and deceptive information to promote the Iraq invasion (see July 6, 2003 and July 25, 2003). “Maybe Miller tells [White House official Karl] Rove too—or Libby does. The White House hatchet men turn around and tell [reporters Robert] Novak and [Matthew] Cooper. The story gets out. This is why Miller doesn’t want to reveal her ‘source’ at the White House—because she was the source.… This also explains why Miller never wrote a story about Plame, because her goal wasn’t to write a story, but to get out the story that cast doubts on Wilson’s motives. Which Novak did” (see July 14, 2003). [Huffington Post, 7/27/2005] When Miller learns of Huffington’s article, via her lawyer Saul Pilchen, she is horrified. Pilchen, himself taken aback by Huffington’s vociferous and unsourced assertions (which Huffington called “a scenario” and not established fact), will later tell reporter Marie Brennan: “It was my first experience with the blog culture. It was astounding to me how little constraint the bloggers had. They were passing off speculation as fact, and it read to me like pure character assassination.” Miller considers the Huffington piece certainly mistaken, and possibly libelous. But, as Brennan will later observe, the discussion and debate generated by Huffington and many others in the “blogosphere” make it difficult for fellow journalists to defend Miller. Reporter Lowell Bergman, a Miller defender, will later tell Brennan that it quickly became clear that Huffington’s idea of Miller being part of a White House conspiracy “was a fantasy fed by the deep animosity of people toward Judy.… It was a surrogate for what they all wanted to do to the Bush administration.” [Huffington Post, 7/27/2005; Vanity Fair, 4/2006]

Entity Tags: Marie Brennan, Bush administration (43), Arianna Huffington, Judith Miller, Lowell Bergman, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Saul Pilchen

Timeline Tags: Niger Uranium and Plame Outing

Washington Post editor and reporter Bob Woodward repeats the baseless claim that a 2002 report by former ambassador Joseph Wilson on attempts by Iraq to secure Nigerien uranium (see March 8, 2002) contradicted his 2003 New York Times op-ed criticizing the Bush administration’s use of the uranium claim to justify its invasion of Iraq (see July 6, 2003). The progressive media watchdog organization Media Matters will note that according to a Senate Intelligence Committee report (see July 9, 2004), “there appears to be no contradiction between the report and Wilson’s op-ed.… Wilson’s language [in the op-ed] closely echoes the Intelligence Committee’s description of his report.” Woodward says that according to Wilson’s 2002 report, “there were reasonable grounds to discredit” Wilson, and goes on to say that Wilson “had said something in his reports a year before that contradicted what he wrote in an op-ed piece in the New York Times.” Woodward also mocks the idea that anyone in the Bush administration wants to “trash” or “discredit” 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), and goes on to say that “there were reasonable grounds to discredit him.” [Media Matters, 8/1/2005] Woodward does not reveal that he himself was an early recipient of the White House’s leaked information that Wilson’s wife is a clandestine CIA officer (see June 13, 2003).

Entity Tags: Bush administration (43), Bob Woodward, Senate Intelligence Committee, Media Matters, Joseph C. Wilson

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The outgoing Saudi ambassador to Britain, Prince Turki al-Faisal, criticizes the Blair government over its lack of response to terrorism and says that MI5 is hampering efforts to clamp down. Prince Turki describes his experience: “When you call somebody, he says it is the other guy. If you talk to the security people, they say it is the politicians’ fault. If you talk to the politicians, they say it is the Crown Prosecution Service. If you call the Crown Prosecution service, they say, no, it is MI5. So we have been in this runaround…” Turki particularly criticizes the government’s failure to act against Saad al-Fagih of the movement for Islamic Reform in Arabia and Mohammed al-Massari. Al-Fagih is accused of being involved in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998) and a plot to assassinate King Abdullah of Saudi Arabia. [London Times, 8/10/2005]

Entity Tags: Turki al-Faisal, UK Security Service (MI5), Mohammed al-Massari, Saad al-Fagih

Timeline Tags: Complete 911 Timeline

A Spanish court sentences a number of people to prison for connections to al-Qaeda. The main defendant, Imad Eddin Barakat Yarkas, is convicted of leading an al-Qaeda cell in Madrid and conspiring to commit the 9/11 attacks by hosting a meeting in Spain in July 2001 attended by Mohamed Atta, Ramzi bin al-Shibh, and others (see July 8-19, 2001). He is sentenced to 27 years in prison. [New York Times, 9/27/2005] However, in 2006, Spain’s supreme court will overturn his 9/11 conspiracy conviction, after prosecutors reverse themselves and ask that the conviction be dismissed. One of the reasons for the dismissal is that the US, which possesses evidence supporting the convictions, is reluctant to provide it (see Mid-2002-June 1, 2006). This will leave Zacarias Moussaoui the only person in the world jailed for a role in the 9/11 attacks. Yarkas will still have to serve a 12-year sentence for leading an al-Qaeda cell. [London Times, 6/1/2006] Seventeen men besides Yarkas, mostly Syrians, are also found guilty and are given sentences of six to eleven years. One of these is Tayseer Allouni, a correspondent for the Al Jazeera satellite network. He is convicted of giving $4,500 to a family of Syrian exiles in Afghanistan. The prosecutor alleged the family were al-Qaeda operatives, while Allouni argued he gave the money for humanitarian reasons. Two others, a Moroccan named Driss Chebli and a Syrian named Ghasoub al-Abrash Ghalyoun, were acquitted of being involved in the 9/11 plot, but Chebli was convicted of collaborating with a terrorist group. Ghalyoun was accused of videotaping the World Trade Center and other American landmarks in 1997 for the 9/11 plotters, but he claimed he was just a tourist (see 1998). [New York Times, 9/27/2005; Washington Post, 9/27/2005; Financial Times, 9/27/2005]

Entity Tags: Driss Chebli, Ghasoub al-Abrash Ghalyoun, Barakat Yarkas, Tayseer Allouni

Timeline Tags: Complete 911 Timeline

A CIA report completed this month concludes that Saddam Hussein’s Iraq government “did not have a relationship, harbor, or even turn a blind eye toward [Islamist leader Abu Musab] al-Zarqawi and his associates.” The report will be made public one year later as part of a bipartisan Senate investigation. That investigation will conclude that Hussein regarded al-Qaeda as a threat rather as a potential ally, and that the Iraqi intelligence service “actively attempted to locate and capture al-Zarqawi without success.” The New York Times will later report that “The disclosure undercuts continuing claims by the Bush administration that such ties existed, and that they provided evidence of links between Iraq and al-Qaeda.” But despite this report, President Bush will continue to allege such a link existed. For instance, in August 2006, he will claim in a news conference that Hussein “had relations with Zarqawi.” [New York Times, 9/8/2006]

Entity Tags: Abu Musab al-Zarqawi, Saddam Hussein, George W. Bush, Central Intelligence Agency

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

CIA Director Porter Goss announces that the agency will not pursue disciplinary action against any current or former CIA officials who have been severely criticized in an internal report produced by John Helgerson, the CIA’s inspector general. Those who have read the classified report say that it faults about 20 intelligence officials, including former CIA Director George Tenet, his former Deputy Director of Operations James Pavitt, and the former head of the CIA’s Counter Terrorism Center Cofer Black (see June 2005). Tenet in particular is faulted for focusing too little attention on combating al-Qaeda as a whole in the years prior to 9/11. However, he and others who are singled out strongly object to the report’s conclusions, and have prepared lengthy rebuttals. The 9/11 Congressional Inquiry, of which Goss was ironically the co-chairman, had formally requested the report in November 2002, as it was finishing its investigation. The 400-page document was completed in June 2004, but its release was delayed (see June-November 2004). John Helgerson finally delivered it to Congress in August 2005, and had urged Goss to convene “accountability boards” to assess the performance of officers it criticized. However, Goss says he has decided not to do this. He says the report in no way suggests “that any one person or group of people could have prevented 9/11,” and that “[o]f the officers named in [Helgerson’s] report, about half have retired from the Agency, and those who are still with us are amongst the finest we have.” Goss also claims the report “unveiled no mysteries,” and states that it will remain classified. [New York Times, 10/5/2005; Los Angeles Times, 10/6/2005; Washington Post, 10/6/2005] In response to Goss’s statement, Sen. John D. Rockefeller (D-WV), the senior Democrat on the Senate Select Committee on Intelligence, asks, “What failures in performance, if not these, warrant the convening of an accountability board at the CIA?” 9/11 victim’s relative Kristen Breitweiser comments, “No one has been held accountable for the failures on 9/11.” [Reuters, 10/5/2005]

Entity Tags: Central Intelligence Agency, Porter J. Goss, John D. Rockefeller, Kristen Breitweiser

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The New York Times again finds itself apologizing for its failures in covering the outing of Valerie Plame Wilson and its handling, or lack of handling, of the newspaper’s star reporter, Judith Miller, who recently testified as to her knowledge of the matter (see September 30, 2005). It also admits that much of Miller’s prewar reporting on Iraq was “totally wrong.” Although the paper’s publisher, Arthur Sulzberger, and its executive editor, Bill Keller, supported Miller’s decision to go to jail rather than reveal the source of her knowledge about Plame Wilson’s CIA identity (see July 6, 2005), neither knew many details of Miller’s conversations with her source, former White House aide Lewis “Scooter” Libby. Neither knew, for example, that Miller’s claim of not learning Plame Wilson’s identity from Libby was undermined by her own notes. Ultimately, both Sulzberger and Keller left most of the decisions on how to handle the situation to Miller herself. “This car had her hand on the wheel because she was the one at risk,” says Sulzberger. While Miller continues to portray her decision to go to jail as one rooted in principle, critics say that she and the Times were not protecting a whistleblower, but an administration source bent on crushing dissent. Asked what she regretted about the Times’s handling of the matter, managing editor Jill Abramson says, “The entire thing.”
'I Got It Totally Wrong' - Many in the newsroom and in the editorial staff believed that Miller’s prewar articles on Iraq’s WMD—articles that have long been proven to be based largely on false information from unreliable Iraqi defectors (see December 20, 2001, September 18, 2002, March 19-20, 2003, July 25, 2003, and Autumn 2003)—unfairly advanced the administration’s case for war. Miller operated with a level of autonomy other reporters found unusual and distressing, especially since many of them believed her reporting verged on administration propaganda. Investigative editor Douglas Frantz recalls that Miller once called herself “Miss Run Amok”; when he asked her what she meant, she replied, “I can do whatever I want.” Miller now admits her reports were largely specious. “WMD—I got it totally wrong,” she says. “The analysts, the experts, and the journalists who covered them—we were all wrong. If your sources are wrong, you are wrong. I did the best job that I could.”
Not a Clear-Cut Decision to Fight - Keller says: “I wish it had been a clear-cut whistle-blower case. I wish it had been a reporter who came with less public baggage.” Times reporter Todd Purdom says: “Everyone admires our paper’s willingness to stand behind us and our work, but most people I talk to have been troubled and puzzled by Judy’s seeming ability to operate outside of conventional reportorial channels and managerial controls. Partly because of that, many people have worried about whether this was the proper fight to fight.” For her part, Miller says she intends to take some time off and perhaps write a book about her ordeal. She says she wants to get back into investigative reporting, and continue to cover “the same thing I’ve always covered—threats to our country.” [New York Times, 10/16/2005]
Criticism of Miller, Times - The next day, columnist Norman Solomon will write, “It now seems that Miller functioned with more accountability to US military intelligence officials than to New York Times editors.” Solomon also notes that in her July 8, 2003 meeting with White House official Lewis Libby (see 8:30 a.m. July 8, 2003), Miller expressed frustration at the government’s refusal to allow her “to discuss with editors some of the more sensitive information about Iraq.” Solomon writes: “There’s nothing wrong with this picture if Judith Miller is an intelligence operative for the US government. But if she’s supposed to be a journalist, this is a preposterous situation—and the fact that the New York Times has tolerated it tells us a lot about that newspaper.” Solomon also notes that Miller’s claim of “analysts, the experts, and the journalists who covered them” were “all wrong” about Iraqi WMD is itself wrong. “Some very experienced weapons inspectors—including [the chief of the International Atomic Energy Agency] Mohamed ElBaradei, [former chief UN weapons inspector] Hans Blix, and [former UN weapons inspector] Scott Ritter—challenged key assertions from the White House,” he writes. “Well before the invasion, many other analysts also disputed various aspects of the US government’s claims about WMDs in Iraq.… Meanwhile journalists at some British newspapers, including The Independent and The Guardian, raised tough questions that were virtually ignored by mainstream US reporters in the Washington press corps.… [T]he Times did not ‘fall for misinformation’ as much as jump for it. The newspaper eagerly helped the administration portray deceptions as facts.” [CounterPunch, 10/17/2005] Liberal columnist and blogger Arianna Huffington provides a long list of reporters and publications who “didn’t get it wrong” on Iraqi WMD. She quotes reporter Joe Lauria, a veteran foreign affairs reporter who writes for the London Daily Mail, the Daily Telegraph, and the Boston Globe, who told her: “I didn’t get it wrong. And a lot of others who covered the lead up to the war didn’t get it wrong. Mostly because we weren’t just cozying up to Washington sources but had widened our reporting to what we were hearing from people like Mohamed ElBaradei and Hans Blix, and from sources in other countries, like Germany, France, and Russia. Miller had access to these voices, too, but ignored them. Our chief job as journalists is to challenge authority. Because an official says something might make it ‘official,’ but it doesn’t necessarily make it true.” [Huffington Post, 10/21/2005]

Entity Tags: Lewis (“Scooter”) Libby, Douglas Frantz, Bill Keller, Arthur Sulzberger, Arianna Huffington, Jill Abramson, Judith Miller, Norman Solomon, New York Times, Todd Purdom, Joe Lauria

Timeline Tags: Events Leading to Iraq Invasion

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The media learns that Vice President Dick Cheney and staffers from the Office of the Vice President (OVP) regularly interfered with the Senate Intelligence Committee’s 2004 report on the intelligence community’s failures to accurately assess Iraq’s WMD threat (see July 9, 2004). According to administration and Congressional sources, that interference was facilitated and encouraged by committee chairman Pat Roberts (R-KS). Cheney and the OVP members regularly intervened in the committee’s deliberations, and drastically limited the scope of the investigation.
Protecting the Bush Administration - Reporter Laura Rozen will later write, “In order to prevent the White House and the Office of the Vice President itself from ever coming under any Congressional oversight scrutiny, Cheney exerted ‘constant’ pressure on [Roberts] to stall an investigation into the Bush administration’s use of flawed intelligence on Iraq.” Cheney and the OVP also withheld key documents from the committee. Some of the withheld materials included portions of then-Secretary of State Colin Powell’s February 2003 address to the United Nations (see February 5, 2003) that were written by Cheney’s then-chief of staff, Lewis Libby, and documents that Libby used to make the administration’s case for war with Iraq. The OVP also withheld the Presidential Daily Briefing (PDB) documents: written intelligence summaries provided to President Bush by the CIA. The decision to withhold the documents was spearheaded by Cheney’s chief legal counsel and chief of staff David Addington. Much of the withheld material, and Cheney-OVP interference, was designed to keep the committee from looking into the Bush administration’s use of intelligence findings to promote the war. According to committee member John D. Rockefeller (D-WV), Cheney attended regular policy meetings in which he gave White House orders to Republican committee staffers. It is “not hearsay,” Rockefeller says, that Cheney pushed Roberts to, in reporter Jonathan Landay’s words, “drag out the probe of the administration’s use of prewar intelligence.” The committee chose to defer the second portion of its report, about the administration’s use of intelligence to propel the nation to war, until after the November 2004 elections. That portion of the report remains uncompleted.
Shifting the Blame to the White House - Reporter Murray Waas writes, “Had the withheld information been turned over, according to administration and Congressional sources, it likely would have shifted a portion of the blame away from the intelligence agencies to the Bush administration as to who was responsible for the erroneous information being presented to the American public, Congress, and the international community.” He continues: “When the [report] was made public, Bush, Cheney, and other administration officials cited it as proof that the administration acted in good faith on Iraq and relied on intelligence from the CIA and others that it did not know was flawed. But some Congressional sources say that had the committee received all the documents it requested from the White House the spotlight could have shifted to the heavy advocacy by Cheney’s office to go to war. Cheney had been the foremost administration advocate for war with Iraq, and Libby played a central staff role in coordinating the sale of the war to both the public and Congress.” [National Journal, 10/27/2005; Wilson, 2007, pp. 381]

Entity Tags: Office of the Vice President, John D. Rockefeller, George W. Bush, David S. Addington, Colin Powell, Bush administration (43), Jonathan Landay, Murray Waas, Laura Rozen, Senate Intelligence Committee, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, Pat Roberts

Timeline Tags: Events Leading to Iraq Invasion

In light of the indictment of Lewis “Scooter” Libby (see October 28, 2005), the Center for American Progress (CAP) puts out an analysis of Libby’s role as Vice President Dick Cheney’s chief of staff, and the impact Libby has had on Bush administration policies. Libby, a powerful and influential neoconservative, “has been one of the most important men pulling the levers behind the Bush administration,” the article finds. “From the very beginning of the administration, Libby has essentially been Dick Cheney’s Dick Cheney.” But, the article goes on to note: “[w]hat few have realized at this historic moment is that for the past four and a half years, Libby has been ‘scooting’ from scandal to scandal. Libby has been at center stage for the other major national security scandals of the Bush administration, including the Iraq intelligence debacle, the secret meetings about Halliburton contracts, and doubtless others we have not heard of yet. It was Libby—along with Paul Wolfowitz, Doug Feith, and a handful of other top aides at the Pentagon and White House—who convinced the president that the US should go to war in Iraq. It was Libby who pushed Cheney to publicly argue that Saddam Hussein had ties to al-Qaeda and 9/11. It was also Libby who prodded former Secretary of State Colin Powell to include specious reports about an alleged meeting between 9/11 terrorist Mohamed Atta and an Iraqi intelligence official in Powell’s February 2003 speech to the United Nations” (see February 5, 2003). Libby co-authored the controversial Defense Planning Guidance document of 1988 (see February 18, 1992) that called on the US to essentially transform itself into an aggressive empire, using its military to stretch its power around the world. “This Planning Guidance document went a long way toward endearing Libby to Cheney,” the CAP article reads. There is also evidence that Libby helped steer no-bid Iraqi reconstruction contracts to Cheney’s former firm, Halliburton. The article concludes, “Given the depth of his influence in shaping the White House agenda over the past four and a half years, losing Libby today is not only a huge blow to the vice president, but to the entire Bush administration.” [Center for American Progress, 10/28/2005]

Entity Tags: Bush administration (43), US Department of Defense, Lewis (“Scooter”) Libby, Center for American Progress

Timeline Tags: Niger Uranium and Plame Outing

According to a United Press International (UPI) report, special counsel Patrick Fitzgerald has sought and received documentation on the Iraq-Niger forgeries (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) from the Italian government. UPI reports, “Fitzgerald’s team has been given the full, and as yet unpublished report of the Italian parliamentary inquiry into the affair, which started when an Italian journalist obtained documents that appeared to show officials of the government of Niger helping to supply the Iraqi regime of Saddam Hussein with [y]ellowcake uranium.” (In November, that parliamentary report will be shown not to exist—see July 2005.) According to reporter Jason Leopold, the information about the Iraq-Niger documents being provided to Fitzgerald comes from NATO sources. Leopold’s reporting will later be shown to be less than reliable (see June 19, 2006). [Raw Story, 10/24/2005; Global Research, 10/29/2005; CounterPunch, 11/9/2005]

Entity Tags: Patrick J. Fitzgerald, United Press International, Jason Leopold

Timeline Tags: Niger Uranium and Plame Outing

The Washington Post prints an article by reporter Barton Gellman about the intelligence leaks from the White House that led to the outing of CIA official Valerie Plame Wilson. The article examines the question of whether Lewis Libby, Vice President Dick Cheney’s former chief of staff, obstructed the FBI investigation into Plame Wilson’s exposure in order to protect Cheney. [Washington Post, 10/30/2005] According to journalist and blogger Joshua Micah Marshall, the Post deleted a key portion of Gellman’s story shortly after it appeared on the Post’s Web site (the edited version is what makes it into print). The deleted portion noted that on July 12, 2003, Cheney told Libby “to alert reporters of an attack launched that morning on [former ambassador Joseph] Wilson’s credibility by Fleischer, according to a well-placed source” (see July 12, 2003 and 3:20 a.m. July 12, 2003). [Joshua Micah Marshall, 10/30/2005] A criminal lawyer who blogs under the moniker “Anonymous Liberal” speculates that the Post may have removed the reference to Fleischer because Fleischer was a source for Post reporter Walter Pincus. Pincus is identified in Gellman’s article as receiving information from an unidentified White House source who, like Libby, attacked Wilson and implied that he was sent to Niger by his wife (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). [Anonymous Liberal, 10/30/2005]

Entity Tags: Richard (“Dick”) Cheney, Barton Gellman, Ari Fleischer, “Anonymous Liberal”, Bush administration (43), Lewis (“Scooter”) Libby, Walter Pincus, Washington Post, Valerie Plame Wilson, Joshua Micah Marshall

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The White House continues to battle a Senate-approved amendment against torture (see October 1, 2005). Vice President Cheney, the administration’s strongest voice in favor of torture, gathers a group of Republican senators and gives what is later described as an impassioned plea to let the CIA torture when necessary. President Bush needs that option, Cheney argues, and a prohibition against torture may eventually cost the nation “thousands of lives.” He cites alleged 9/11 mastermind Khalid Shaikh Mohammed as one of torture’s success stories (see February 29 or March 1, 2003, Shortly After February 29 or March 1, 2003, and June 16, 2004). Cheney fails to tell the gathering that the US has overseen the torture of Mohammed’s wife and children, and that Mohammed was told that if he didn’t cooperate, his children would be subjected to further abuse (see After September 11, 2002). He also fails to tell them that the information elicited from Mohammed was considered unreliable (see Summer 2003), and that many of Mohammed’s interrogators felt that torture merely hardened his resistance. During the meeting, John McCain (R-AZ), the author of the anti-torture amendment, tells Cheney, “This is killing us around the world.” On November 4, the Republican House leadership postpones a vote on the amendment when it realizes the amendment will pass overwhelmingly. [Dubose and Bernstein, 2006, pp. 196]

Entity Tags: Richard (“Dick”) Cheney, Bush administration (43), John McCain

Timeline Tags: Torture of US Captives, Civil Liberties

Italian lawmaker Senator Massimo Brutti states that in January 2003 (see November 20, 2005) Italy’s military intelligence service, SISMI, warned the United States that its reporting (see March 25, 2002) (see October 15, 2001) (see February 5, 2002) on Iraq’s purported attempts to procure uranium from Niger were wrong. Brutti says he is not sure whether this warning was sent before or after President Bush’s 2003 State of the Union address (see 9:01 pm January 28, 2003). “At about the same time as the State of the Union address, they (Italy’s SISMI secret services) said that the dossier doesn’t correspond to the truth,” Sen. Massimo Brutti tells journalists after he and other lawmakers on a parliamentary commission were briefed by SISMI’s head, Nicolo Pollari, and Gianni Letta, a top aide to Premier Silvio Berlusconi. [Associated Press, 11/3/2005] Shortly after making the statement, Brutti calls the Associated Press and says these comments were made in error. There was no warning in January 2003, he says. He also says lawmakers were told during the briefing that Italian intelligence did not have “a role in the dossier that was supposed to have demonstrated that Iraq was in an advanced phase of possession of enriched uranium.” [Associated Press, 11/3/2005; Reuters, 11/3/2005]

Entity Tags: SISMI, Central Intelligence Agency

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

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

New York Post editorial writer Deborah Orin echoes charges made by previous columnists in the Wall Street Journal that special counsel Patrick Fitzgerald is conducting a partisan political prosecution of former White House official Lewis Libby (see October 29, 2005 and October 31, 2005), and repeats charges by former Reagan Justice Department official Victoria Toensing that the CIA is behind the exposure of Valerie Plame Wilson’s covert identity (see November 3, 2005). Orin repeats previously made assertions that the CIA allowed Plame Wilson’s exposure by allowing her to send her husband, former ambassador Joseph Wilson, to Niger (see February 13, 2002, February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005), failed to have Wilson sign “the usual confidentiality agreement,” and failed to require him to write a written report (see March 4-5, 2002, (March 6, 2002), and March 8, 2002). Orin accuses Wilson of only voicing his public criticism of the Bush administration’s Iraq invasion after he “joined” the presidential campaign of John Kerry (D-MA) in May 2003, even though he began publicly criticizing the administration a year earlier (see May 2002, October 13, 2002, November 2002, December 9, 2002, January 28-29, 2003, February 13, 2003, February 28, 2003, March 3, 2003, March 5, 2003, and March 8, 2003), and the White House began its retaliatory attack against his criticisms in March 2003 (see March 9, 2003 and After). Orin also repeats Toensing’s sourceless assertion that Wilson’s New York Times op-ed about his findings in Niger (see July 6, 2003) “sharply conflicted with what he’d told the CIA.” It was the CIA’s actions, not the White House’s, that led to Plame Wilson’s exposure, Orin avers (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). Orin quotes Toensing, who said: “It [the Plame Wilson exposure] was a planned CIA covert action against the White House. It was too clever by half.” The reason, Orin says, was to divert attention from its intelligence failures surrounding the US failure to find WMD in Iraq: “Having Wilson go public was very useful to the CIA, especially the division where his wife worked—because it served to shift blame for failed ‘slam dunk’ intelligence claims away from the agency. To say that Bush ‘twisted’ intelligence was to presume—falsely—that the CIA had gotten it right.” The White House was merely defending itself from the CIA’s propaganda onslaught, Orin writes, adding that since Plame Wilson was not a covert agent (see Fall 1992 - 1996), the agency was “dishonest” in claiming that its intelligence operations had been damaged by her exposure (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006). [New York Post, 11/7/2005]

Entity Tags: Lewis (“Scooter”) Libby, Central Intelligence Agency, Bush administration (43), Deborah Orin, John Kerry, Joseph C. Wilson, Victoria Toensing, Valerie Plame Wilson, New York Post, Patrick J. Fitzgerald, Wall Street Journal

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Author and Vanity Fair reporter Craig Unger interviews Michael Ledeen regarding the false claims that Iraq attempted to purchase massive amounts of 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). Ledeen, a prominent neoconservative who holds the Freedom Chair at the American Enterprise Institute, is well known to have extensive ties to the Italian intelligence community and for his relationship with discredited Iranian arms merchant Manucher Ghorbanifar (see 1981 and December 9, 2001). Ledeen denies any involvement in promulgating the fraudulent uranium allegations. “I’m tired of being described as someone who likes fascism and is a warmonger,” he says. (Ledeen has written books and articles praising Italy’s Benito Mussolini, and wrote numerous articles in the run-up to the Iraq invasion calling for the US to forcibly overthrow numerous Middle Eastern governments along with Iraq’s—see September 20, 2001, December 7, 2001, and August 6, 2002.) “I think it’s obvious I have no clout in the administration. I haven’t had a role. I don’t have a role.” He barely knows White House political adviser Karl Rove, he says, and has “no professional relationship with any agency of the federal government during the Bush administration. That includes the Pentagon.” The facts contradict Ledeen’s assertions. Since before Bush’s inauguration, Rove has invited Ledeen to funnel ideas to the White House (see After November 2000). Former Pentagon analyst Karen Kwiatkowski says Ledeen “was in and out of [the Pentagon] all the time.” Ledeen is very close to David Wurmser, who held key posts in the Pentagon and State Department before becoming the chief Middle East adviser for Vice President Dick Cheney. Ledeen also has close ties to National Security Adviser Stephen Hadley. Of course, none of this proves or disproves his connections, if any, to the Iraq-Niger fabrications. [Unger, 2007, pp. 231]

Entity Tags: Manucher Ghorbanifar, Bush administration (43), American Enterprise Institute, Craig Unger, David Wurmser, Karen Kwiatkowski, Karl C. Rove, Stephen J. Hadley, Michael Ledeen, US Department of Defense, Richard (“Dick”) Cheney

Timeline Tags: Neoconservative Influence, Niger Uranium and Plame Outing

The House of Representatives overwhelmingly approves the Senate’s amendment to a defense appropriations bill that outlaws torture (see October 1, 2005 and November 1-4, 2005), 308-122, after the Republican House leadership stops blocking a vote on the amendment (see October 1, 2005). The next day, President Bush meets privately with the author of the amendment, Senator John McCain (R-AZ). In a surprising reversal of the White House’s opposition to the bill, Bush now says he supports the amendment—or will if McCain makes some changes. Bush asks McCain to alter the language of the amendment so that US intelligence officers, if charged with war crimes due to their abuse of a prisoner, can offer a defense that a “reasonable” person could conclude they were following a lawful order. McCain agrees. Bush and McCain hold a joint press conference to announce the White House’s support for the amendment (see December 15, 2005). The press bills the agreement between Bush and McCain as a serious setback for Vice President Cheney, the leader of the White House’s opposition to the bill, with the New York Times calling the vote a “stinging defeat” for Bush and a “particularly significant setback for Vice President Dick Cheney, who since July has led the administration’s fight to defeat the amendment or at least exempt the Central Intelligence Agency from its provisions” (see October 20, 2005). [Dubose and Bernstein, 2006, pp. 196; Savage, 2007, pp. 223]

Entity Tags: Richard (“Dick”) Cheney, John McCain, George W. Bush

Timeline Tags: Torture of US Captives, Civil Liberties

After an NSA program to intercept telephone calls where one party is in the US and the other party is abroad is revealed (see December 15, 2005), President George Bush defends the program in a radio address. He justifies the program by implying that, if it had been in place before 9/11, it may have prevented the attacks: “As the 9/11 Commission pointed out, it was clear that terrorists inside the United States were communicating with terrorists abroad before the September the 11th attacks, and the commission criticized our nation’s inability to uncover links between terrorists here at home and terrorists abroad. Two of the terrorist hijackers who flew a jet into the Pentagon, Nawaf Alhazmi and Khalid Almihdhar, communicated while they were in the United States to other members of al-Qaeda who were overseas. But we didn’t know they were here until it was too late.” There are conflicting accounts of the circumstances of the hijackers’ calls and the NSA actually intercepted them, so it is unclear why they were not exploited to prevent the attacks (see Early 2000-Summer 2001, (Spring 2000), Summer 2002-Summer 2004, and March 15, 2004 and After). [WhiteHouse(.gov), 12/17/2005; US President, 12/26/2005 pdf file] It is unclear which statements of the 9/11 Commission the president thinks he is referring to. The Commission’s final report touches on the NSA intercepts of the hijackers’ calls from the US in two places; in one it says: “[T]he NSA was supposed to let the FBI know of any indication of crime, espionage, or ‘terrorist enterprise’ so that the FBI could obtain the appropriate warrant. Later in this story, we will learn that while the NSA had the technical capability to report on communications with suspected terrorist facilities in the Middle East, the NSA did not seek FISA Court warrants to collect communications between individuals in the United States and foreign countries, because it believed that this was an FBI role,” (note: we do not actually learn this later in the 9/11 Commission report, this is the only mention). The second passage refers to Almihdhar’s time in San Diego and does not actually mention that the NSA intercepted the relevant calls, “Almihdhar’s mind seems to have been with his family in Yemen, as evidenced by calls he made from the apartment telephone.” [9/11 Commission, 7/24/2004, pp. 87-8, 222]

Entity Tags: National Security Agency, Nawaf Alhazmi, George W. Bush, Khalid Almihdhar, 9/11 Commission

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After 9/11 there was much discussion about how hijackers Nawaf Alhazmi and Khalid Almihdhar were able to participate in an operation like 9/11, even though they were well known to US intelligence (see, for example, January 5-8, 2000, Early 2000-Summer 2001, and 9:53 p.m. September 11, 2001).
FBI Theory - Based on conversations with FBI agents, author Lawrence Wright speculates on why the CIA withheld information it should have given the FBI: “Some… members of the [FBI’s] I-49 squad would later come to believe that the [CIA] was shielding Almihdhar and Alhazmi because it hoped to recruit them.… [They] must have seemed like attractive opportunities; however, once they entered the United States they were the province of the FBI. The CIA has no legal authority to operate inside the country, although in fact, the bureau often caught the agency running backdoor operations in the United States.… It is also possible, as some FBI investigators suspect, the CIA was running a joint venture with Saudi intelligence in order to get around that restriction. Of course, it is also illegal for foreign intelligence services to operate in the United States, but they do so routinely.” [Wright, 2006, pp. 312-313]
Explanation of Acquired Visas - This theory offers a possible explanation, for example, of how Almihdhar and Alhazmi managed to move in and out of Saudi Arabia and obtain US visas there even though they were supposedly on the Saudi watch list (see 1997 and April 3-7, 1999), and why a Saudi agent in the US associated with them (see January 15-February 2000). Wright points out that “these are only theories” but still notes that “[h]alf the guys in the Bureau think CIA was trying to turn them to get inside al-Qaeda.” [Wright, 2006, pp. 313; Media Channel, 9/5/2006]
Participant Does Not Know - Doug Miller, an FBI agent loaned to the CIA who was part of a plot to withhold the information from the FBI (see 9:30 a.m. - 4:00 p.m. January 5, 2000), will indicate he does not know why he was ordered to withhold the information, but that his superiors may have had a good reason for keeping it from the FBI. Another intelligence source will claim that the CIA withheld the information to keep the FBI away from a sensitive operation to penetrate al-Qaeda. [Congressional Quarterly, 10/1/2008]
CIA Wanted to Keep FBI Off Case - Another unnamed FBI agent loaned to Alec Station before 9/11 will say: “They didn’t want the bureau meddling in their business—that’s why they didn’t tell the FBI. Alec Station… purposely hid from the FBI, purposely refused to tell the bureau that they were following a man in Malaysia who had a visa to come to America. The thing was, they didn’t want… the FBI running over their case.” [Bamford, 2008, pp. 20]
Similar Explanation - Wright is not the first to have made the suggestion that Alhazmi and Almihdhar were protected for recruitment purposes. Investigative journalist Joe Trento reported in 2003 that a former US intelligence official had told him that Alhazmi and Almihdhar were already Saudi Arabian intelligence agents when they entered the US (see August 6, 2003).

Entity Tags: Nawaf Alhazmi, Lawrence Wright, Doug Miller, Saudi General Intelligence Directorate, Central Intelligence Agency, Khalid Almihdhar, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Vice President Cheney mentioned NSA intercepts of the 9/11 hijackers’ calls in a speech to the Heritage Foundation.Vice President Cheney mentioned NSA intercepts of the 9/11 hijackers’ calls in a speech to the Heritage Foundation. [Source: David Bohrer / White House]Vice President Dick Cheney uses calls between the 9/11 hijackers in the US and an al-Qaeda communications hub in Yemen that were intercepted by the NSA (see Early 2000-Summer 2001) to justify the NSA’s warrantless wiretapping program (see December 15, 2005). Cheney points out that, “There are no communications more important to the safety of the United States than those related to al-Qaeda that have one end in the United States,” and says that if the NSA’s warrantless program had been implemented before 9/11, “we might have been able to pick up on two hijackers [Nawaf Alhazmi and Khalid Almihdhar] who subsequently flew a jet into the Pentagon.” He adds: “They were in the United States, communicating with al-Qaeda associates overseas. But we did not know they were here plotting until it was too late.” [White House, 1/4/2006] Other administration officials make similar claims about the calls by Almihdhar and Alhazmi in the years after the program is revealed by the New York Times (see December 17, 2005).

Entity Tags: Khalid Almihdhar, Nawaf Alhazmi, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

Deputy Director of National Intelligence and former NSA Director Michael Hayden says that if the NSA’s recently revealed warrantless wiretapping program (see December 15, 2005) had been in place before 9/11, “it is my professional judgment that we would have detected some of the 9/11 al-Qaeda operatives in the United States, and we would have identified them as such.” Hayden will later say the NSA would have detected calls between an al-Qaeda communications hub in Yemen and 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar in San Diego (see May 18, 2006). Hayden adds: “You know, the 9/11 Commission criticized our ability to link things happening in the United States with things that were happening elsewhere. In that light, there are no communications more important to the safety of this country than those affiliated with al-Qaeda with one end in the United States.” Before the attacks, the NSA intercepted a series of calls between two of the 9/11 hijackers and a known al-Qaeda communications hub in Yemen (see Early 2000-Summer 2001), but failed to notify the FBI about them (see (Spring 2000)). [Press Club, 1/23/2006] Other administration officials make similar claims about the calls by Almihdhar and Alhazmi in the years after the NSA’s warrantless program is revealed by the New York Times (see December 17, 2005).

Entity Tags: Nawaf Alhazmi, Khalid Almihdhar, Michael Hayden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

President Bush at the National Security Agency.President Bush at the National Security Agency. [Source: Eric Draper / White House]President George Bush uses calls between the 9/11 hijackers in the US and an al-Qaeda communications hub in Yemen that were intercepted by the NSA (see Early 2000-Summer 2001) to justify the NSA’s warrantless wiretapping program (see December 15, 2005). Bush says: “We know that two of the hijackers who struck the Pentagon [Nawaf Alhazmi and Khalid Almihdhar] were inside the United States communicating with al-Qaeda operatives overseas. But we didn’t realize they were here plotting the attack until it was too late.” Bush also quotes former NSA Director Michael Hayden, who previously said, “Had this program been in effect prior to 9/11… we would have detected some of the 9/11 al-Qaeda operatives in the United States, and we would have identified them as such” (see January 23, 2006). Bush and other administration officials make similar claims about the calls by Almihdhar and Alhazmi in the years after the program is revealed by the New York Times (see December 17, 2005). [White House, 1/25/2006] Bush made similar remarks at Kansas State University two days previously. [White House, 1/23/2006]

Entity Tags: Khalid Almihdhar, Nawaf Alhazmi, George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

New York Times journalist James Risen writes in his new book, State of War: “[B]oth before and after 9/11, President Bush and his administration have displayed a remarkable lack of interest in aggressively examining the connections between Osama bin Laden, al-Qaeda, and the Saudi power elite. Even as the Bush administration spent enormous time and energy trying in vain to prove connections between Saddam Hussein and Osama bin Laden in order to help justify the war in Iraq, the administration was ignoring the far more conclusive ties with Saudi Arabia. Those links are much stronger and far more troubling than has ever been previously disclosed, and until they are thoroughly investigated, the roots of al-Qaeda’s power, and the full story of 9/11, will never be known.” [Risen, 2006]

Entity Tags: James Risen, Al-Qaeda

Timeline Tags: Complete 911 Timeline

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

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

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

Zacarias Moussaoui.Zacarias Moussaoui. [Source: WNBC / Jonathan Deinst]Zacarias Moussaoui becomes the first and only person charged in direct connection with the 9/11 attacks to stand trial in the US. [Associated Press, 3/17/2006] He was preparing to hijack an aircraft and fly it into a target when he was arrested 26 days before 9/11 (see August 16, 2001 and April 22, 2005). Although there has been disagreement whether Moussaoui was to take part in the actual attack of 9/11 or a follow-up plot (see January 30, 2003), the prosecution alleges that Moussaoui had information related to the attacks (see August 16, 2001) and facilitated them by lying and not disclosing everything he knew to the FBI. He is charged with six counts, including conspiracy to commit acts of terrorism and conspiracy to commit aircraft piracy. [US District Court for the Eastern District of Virginia, Alexandria Division, 12/11/2001 pdf file] The trial receives much media coverage and the highlights include the playing of United 93’s cockpit recorder (see April 12, 2006), a row over a government lawyer coaching witnesses (see March 13, 2006), and testimony by FBI agent Harry Samit (see March 9 and 20, 2006), former FBI assistant director Michael Rolince (see March 21, 2006), and Moussaoui himself (see March 27, 2006). Moussaoui is forced to wear a stun belt, controlled by one of the marshalls, under his jumpsuit. The belt is to be used if Moussaoui lunges at a trial participant. [New York Times, 4/17/2006] He has already pleaded guilty (see April 22, 2005) and the trial is divided into two phases; in the first phase the jury decides that Moussaoui is eligible for the death penalty, but in the second phase it fails to achieve unanimity on whether Moussaoui should be executed (see May 3, 2006). [Associated Press, 4/3/2006; New York Times, 4/17/2006]

Entity Tags: Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

Four statements based on the CIA inspector general’s report on some aspects of the agency’s performance before 9/11 are introduced as evidence at the trial of Zacarias Moussaoui by the defense. The report was completed in 2004 (see June-November 2004), but rewritten and is still secret (see January 7, 2005). The four passages say:
bullet “Numerous” CIA officers accessed cables reporting that Khalid Almihdhar’s passport contained a US visa and Nawaf Alhazmi had flown from Thailand to Los Angeles (see Mid-January-March 2000); [US District Court for the Eastern District of Virginia, Alexandria District, 3/28/2006 pdf file]
bullet FBI Director Louis Freeh was briefed about Almihdhar in January 2000, but not told that Almihdhar had a US visa (see January 6-9, 2000); [US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2006 pdf file]
bullet Nobody at Alec Station, the CIA’s bin Laden unit, notified CIA personnel authorized to collect foreign intelligence in the US together with the FBI about Almihdhar’s US visa (see 9:30 a.m. - 4:00 p.m. January 5, 2000); [US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2006 pdf file]
bullet The CIA was unaware of the Phoenix memo until after 9/11 (note: this may not actually be true—see (July 27, 2001)). [US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2005 pdf file]
Two sections of the 9/11 Congressional Inquiry report are also introduced as evidence as substitutes for the CIA inspector general’s report. They cover the use of aircraft as weapons and US knowledge of bin Laden’s intentions to strike inside the US in the summer of 2001. [US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2006 pdf file; US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2006 pdf file]

Entity Tags: Office of the Inspector General (CIA), Central Intelligence Agency

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

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

Timeline Tags: Niger Uranium and Plame Outing

Court documents filed by the Justice Department allege that accused al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri, a Qatari national, was chosen to come to the US by 9/11 mastermind Khalid Shaikh Mohammed because, in part, al-Marri has a wife and children, and therefore would arouse less suspicion. Al-Marri was taken into federal custody as a material witness to the attacks (see December 12, 2001) and later designated as a “enemy combatant” (see June 23, 2003). The Justice Department is battling a lawsuit filed by al-Marri’s lawyers challenging his detention. According to the Justice Department, al-Marri was told to arrive in the US before the attacks, and to head to Pakistan if he didn’t get inside the US in time. Al-Marri, his wife, and their five children arrived in the US on September 10, 2001, where he began taking courses at Bradley University in Peoria, Illinois. The new details come from declassified portions of a sworn statement that the government is using to justify al-Marri’s indefinite detention. The Bush administration has insisted on limiting the information available to detainees and to the public, but was pressured into releasing the al-Marri information after a federal magistrate told government lawyers in February that “the deck is stacked pretty good in favor of the government to start with,” and thusly he wouldn’t consider evidence about al-Marri that al-Marri and his lawyers were not permitted to view for themselves. The magistrate, Judge Robert Carr, is expected to soon recommend whether al-Marri should continue to be held as an enemy combatant. According to the declassified summary, al-Marri traveled to Dubai in August 2001 and was given somewhere between $10,000 and $13,000 plus $3,000 more for a laptop computer. Al-Marri was allegedly given the money by Mustafa Ahmed al-Hawsawi, an al-Qaeda paymaster and one of Mohammed’s lieutenants who also allegedly helped some of the 9/11 hijackers (see Early-Late June, 2001). When al-Marri was taken into custody, the computer was found to contain files on the manufacture of hydrogen cyanide as well as over a thousand credit card numbers. The documents say that Mohammed communicated about al-Marri’s activities in the US through his brother, Jaralla Saleh Mohamed Kahla al-Marri, currently being held at Guantanamo Bay. Jonathan Hafetz, one of Ali al-Marri’s lawyers, says that not only should al-Marri “been given this information long ago,” but because the government has not offered any evidence to support the summary, the document is little more than hearsay. Carr told government lawyers to either stop using classified information or declassify it so that al-Marri could see it and respond to it. “You need to make your choice, because this deals with a man’s freedom,” Carr tells the Justice Department lawyers. “He has been removed from the battlefield, so to speak, for many years.” [Chicago Tribune, 4/6/2006]

Entity Tags: US Department of Justice, Robert Carr, Khalid Shaikh Mohammed, Bradley University, Ali Saleh Kahlah al-Marri, Al-Qaeda, Mustafa Ahmed al-Hawsawi, Bush administration (43), Jonathan Hafetz, Jaralla Saleh Mohamed Kahla al-Marri

Timeline Tags: Torture of US Captives, Civil Liberties

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

Mushin Musa Matwalli Atwah.Mushin Musa Matwalli Atwah. [Source: FBI]Mohsin Musa Matawalli Atwah, an Egyptian al-Qaeda operative, is killed in a remote village in the North Waziristan region of Pakistan. There was a $5 million bountry for Atwah, who was wanted for involvement in the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). Witnesses describe a missile strike followed by a Pakistani helicopter gunship attack. The attack is said to have killed nine people, including two young children. [Associated Press, 4/13/2006; CNN, 10/24/2006]

Entity Tags: Mushin Musa Matwalli Atwah

Timeline Tags: Complete 911 Timeline

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

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

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

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

Former NSA director and soon-to-be CIA director Michael Hayden says that a program in which the NSA listens in on calls between the US and other countries without obtaining warrants would have prevented 9/11, had it been in place then. Hayden tells a Senate hearing discussing his confirmation as CIA director, “Had this been in place prior to the attacks, the two hijackers who were in San Diego, Khalid Almihdhar and Nawaf Alhazmi, almost certainly would have been identified as who they were, what they were, and most importantly, where they were.” Hayden also says, “I can demonstrate in closed session how the physics and the math would work.” [US Congress, 5/18/2006 pdf file] However, the NSA actually intercepted the calls between Alhazmi and Almihdhar in the US and an al-Qaeda communications hub in Yemen (see Early 2000-Summer 2001), which it knew had been in contact with Osama bin Laden (see November 1996-Late August 1998) and was also involved in the East African embassy bombings (see August 4-25, 1998) and the attack on the USS Cole (see Mid-August 1998-October 2000). Before 9/11, the NSA was entitled to pass on information about the calls to the FBI, but did not do so, even though the FBI had specifically asked for information about calls between the communications hub in Yemen and the US (see Late 1998 and (Spring 2000)). Various explanations for this failure are offered after 9/11 (see Summer 2002-Summer 2004 and March 15, 2004 and After).

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

In an interview, Larry Wilkerson, the former chief of staff to ex-Secretary of State Colin Powell, recalls learning that for all intents and purposes, Vice President Cheney and his staff, and not President Bush and his staff, runs the US government’s foreign policy (see September 2000, Late December 2000 and Early January 2001, and Mid-September, 2001). Wilkerson, a veteran politician with a strong understanding of bureaucracy, came to this understanding over the course of his four years in the State Department. Many procedures seemed peculiar to him, particularly the practice of Cheney’s national security staffers—part of Cheney’s shadow National Security Council, an unprecedented event in and of itself—reading all of the e-mail traffic between the White House and outside agencies and people. The reverse is not true; Cheney’s staff jealously guards its privacy, even from presidential aides. “Members of the president’s staff sometimes walk from office to office to avoid Cheney’s people monitoring their discussions,” Wilkerson recalls. “Or they use the phone.” A former White House staffer confirms Wilkerson’s perceptions. “Bush’s staff is terrified of Cheney’s people,” the former staffer says. Further, Cheney has liberally salted Bush’s staff with his own loyalists who report back to him about everything Bush’s staff does. Again, the reverse is not true; Cheney’s staff is small, tight, and intensely loyal to their boss. Two of Cheney’s “eyes and ears” in the White House are, or were, Stephen Hadley, formerly the deputy national security adviser before assuming the position himself; and Zalmay Khalilzad, formerly on the National Security Council before becoming the US ambassador to Baghdad. Other members of Cheney’s staff have undue influence over other agencies. One example is Attorney General Alberto Gonzales, who, despite being the nation’s top law enforcement officer, always defers to the legal judgment of Cheney’s former top legal counsel and current chief of staff David Addington. “Al Gonzales is not going to stand up to [Addington],” a former military officer who worked with both Gonzales and Addington says. [Dubose and Bernstein, 2006, pp. 176-177]

Entity Tags: Richard (“Dick”) Cheney, Alberto R. Gonzales, Bush administration (43), David S. Addington, Lawrence Wilkerson, Office of the Vice President, Zalmay M. Khalilzad, US Department of State, Stephen J. Hadley

Timeline Tags: US International Relations

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

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

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

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

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

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

Timeline Tags: Niger Uranium and Plame Outing

The US military issues “a new manual on the treatment of prisoners that explicitly prohibits waterboarding, sexual humiliation, electric shocks, the threatening use of dogs, and other degrading or painful tactics.” This comes the same day President Bush gives a speech acknowledging the existence of a network of secret CIA prisons (see June 16, 2004). Both moves are believed to have been made in an effort to protect US officials from prosecution for possible war crimes. [Knight Ridder, 9/6/2006] Lt. Gen. John Kimmons, the Army’s chief intelligence officer, says, “No good intelligence is going to come from abusive practices.” Newly approved questioning techniques involve mainly psychological approaches, such as making a prisoner fear he may never see his family. [USA Today, 9/6/2006]

Entity Tags: John Kimmons

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

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

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

Vice President Cheney linked the NSA’s warrantless surveillance program to the case of 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi.Vice President Cheney linked the NSA’s warrantless surveillance program to the case of 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi. [Source: White House]Vice President Dick Cheney justifies an NSA program for warrantless surveillance of conversations between the US and other countries by referring to communications between 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi in the US and an al-Qaeda communications hub in Yemen (see Early 2000-Summer 2001). The calls were intercepted by the NSA, but this did not help the US roll up the plot. Echoing remarks previously made by President Bush (see December 17, 2005), Cheney says: “If you’ll recall, the 9/11 Commission focused criticism on the nation’s inability to uncover links between terrorists at home and terrorists overseas [note: the 9/11 Commission’s final report does not actually say this (see December 17, 2005)]. The term that was used is ‘connecting the dots’—and the fact is that one small piece of data might very well make it possible to save thousands of lives. If this program had been in place before 9/11, we might have been able to prevent it because we had two terrorists living in San Diego, contacting terrorist-related numbers overseas.” [Office of the Vice President, 8/25/2006] Before 9/11, the NSA was entitled to pass on information about the calls to the FBI, but did not do so, even though the FBI had specifically asked for information about calls between the communications hub in Yemen and the US (see Late 1998 and (Spring 2000)). Various explanations for this failure are offered after 9/11 (see Summer 2002-Summer 2004 and March 15, 2004 and After).

Entity Tags: National Security Agency, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Constitutional law professor Jonathan Turley writes a sardonic take on the just-starting Lewis Libby trial (see January 16-23, 2007), and notes that the trial has no heroes, only villains and victims. Indeed, he writes, the trial can best be summed up in terms of the classical Seven Deadly Sins. There is, Turley writes, no “person of unalloyed virtue to serve as a standard for judging the rest. In fact, the case now reads like a political parable of the seven deadly sins, with each of the main characters being undone by a fundamental personality flaw.” Pride, he writes, is summed up in the person of President Bush, whose pride, or hubris, led him to use falsified intelligence to order the invasion of Iraq. Sloth is summed up in Congress’s failure to adequately investigate the hollow claims advanced by the administration in support of the war. Turley accuses the victims, Joseph Wilson and Valerie Plame Wilson, of a certain level of gluttony, writing that they “seemed to succumb to the allure of their newfound celebrity” after the long-running story turned them into media stars. Wrath, he writes, is framed in the person of Vice President Dick Cheney: angry at Wilson for revealing the falsehoods behind the Iraq war claims (see July 6, 2003), Cheney ordered him besmirched and discredited, an order that resulted in the outing of Wilson’s wife as a CIA official. Envy, Turley says, is personified by former New York Times reporter Judith Miller, whom he claims used her rising celebrity status to inject herself into the administration’s case for war with Iraq. He pins the sin of lust on prosecutor Patrick Fitzgerald, accusing the government attorney of being far too eager to bring journalists in front of his grand jury and, presumably, into the Libby courtroom. And while many in the scenario can be justifiably accused of displaying the sin of greed, Turley writes, he saves this last deadly sin for Washington Post reporter Bob Woodward, whom he writes was “blinded by self-advancement,” failing to acknowledge his own involvement in outing Plame Wilson even as he mocked and derided the investigation into her exposure. Turley calls the trial “the perfect Washington morality play.” [Salon, 1/16/2007]

Entity Tags: Lewis (“Scooter”) Libby, Bob Woodward, George W. Bush, Jonathan Turley, Patrick J. Fitzgerald, Richard (“Dick”) Cheney, Valerie Plame Wilson, Judith Miller, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

Marc Grossman.Marc Grossman. [Source: NNDB (.com)]Prosecutor Patrick Fitzgerald calls his first witness in the Lewis Libby perjury trial, former State Department official Marc Grossman. Grossman testifies to his June 2003 conversation with Libby, where he revealed then-covert CIA official Valerie Plame Wilson’s CIA status to Libby (see 12:00 p.m. June 11, 2003). [Washington Post, 1/25/2007; MSNBC, 2/21/2007; BBC, 7/3/2007]
Informed Libby of Plame Wilson's CIA Identity - Grossman, formerly the undersecretary of state for political affairs, testifies that the information about Plame Wilson was given to Libby “in about 30 seconds of conversation.” He says he spoke to Libby several times a week. He testifies that when Libby asked him about Joseph Wilson’s 2002 Niger trip (see May 29, 2003), he knew nothing about it, which he found somewhat embarrassing. “I should have known,” he says. He testifies that his immediate supervisor, Deputy Secretary of State Richard Armitage, knew nothing of the Wilson trip either. Grossman says he asked Carl Ford of the State Department’s in-house intelligence agency, the Bureau of Intelligence and Research (INR), and State’s head of African affairs, Walter Kansteiner, for information on the Wilson trip. Both Ford and Kansteiner knew of the trip, Grossman testifies, and both told him that Wilson had reported to the CIA on the trip (see March 4-5, 2002, (March 6, 2002) and March 8, 2002). Grossman says he asked Armitage if it was permissible for him to ask Wilson directly about the trip, and receiving permission, did so. According to Grossman, Wilson told him about the Niger trip, and said he thought the trip had been at the request of the Office of the Vice President (see (February 13, 2002)). It was after his conversation with Wilson that Grossman spoke to Libby about the trip, and informed him that Wilson’s wife was a CIA employee. Grossman testifies that he prepared a memo for Libby after his return from a trip to Spain and North Africa (see June 10, 2003), using information provided by Ford. According to Grossman, it was Ford who alleged Plame Wilson orchestrated her husband’s trip to Niger (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005), but Grossman is not aware of the inaccuracy of Ford’s information. Grossman says he felt it somewhat inappropriate that Plame Wilson would have put her husband up for the trip. He informed Libby of Plame Wilson’s supposed role in her husband’s trip to Niger the day after putting together the memo on the trip (see 12:00 p.m. June 11, 2003). Grossman tells the court: “I think I said that there was one other thing that he [Libby] needed to know—that Joe Wilson’s wife worked at the agency. Meaning the CIA. I phrased it that way because he was senior to me, it was my responsibility to make sure he had the whole context.” According to Grossman, Libby denied that his office had anything to do with sending Wilson to Niger. [Marcy Wheeler, 1/23/2007; USA Today, 1/24/2007] Grossman also recalls speaking on the phone with Wilson on June 9, 2003, and recalls Wilson being angered by comments from then-National Security Adviser Condoleezza Rice on a recent edition of Meet the Press (see June 8, 2003). “He was furious.… He was really mad,” Grossman recalls. Grossman testifies that Wilson said he might publicly correct Rice’s characterization of the Iraq-Niger uranium affair (see June 9, 2003-July 6, 2003). [Marcy Wheeler, 1/23/2007; ABC News, 1/24/2007] Grossman also testifies that Armitage informed him on February 23, 2004 that he had revealed Plame Wilson’s status to columnist Robert Novak (see July 8, 2003). He says that Armitage characterized his leak to Novak as “one of the dumbest things” he had ever done. Grossman testified to the FBI a day later (see February 24, 2004) and informed it of Armitage’s leak. [Marcy Wheeler, 1/23/2007]
Defense Attacks Grossman - The second day of testimony begins with the Libby defense team cross-examining Grossman. Defense lawyer Theodore Wells attacks Grossman’s credibility, accusing him of being a “crony” of Armitage and implying that, because he talked to Armitage the night before he testified to the FBI, his credibility is questionable. [Marcy Wheeler, 1/24/2007; Washington Post, 1/25/2007] Wells elicits an admission from Grossman that he did not show Libby the INR memo, and notes that Grossman cannot produce documents to prove he spoke with either Ford or Kansteiner; the State Department routinely destroys emails after archiving them for 90 days, Grossman says. [Marcy Wheeler, 1/24/2007] Wells also attempts to portray Grossman as self-contradictory, eliciting an admission that Grossman told the FBI that he and Libby had talked on the phone (see October 17, 2003 and February 24, 2004), but now says he and Libby spoke face-to-face. “You accept the fact that you told the FBI something different on February 24, 2004, than you told this jury?” Wells asks, to which Grossman replies, “Yes, sir.” Wells also focuses on Grossman’s contact with Armitage, who spoke to him a day before he testified to the FBI about his leaking of Plame Wilson’s identity (see October 2, 2003). “He—Richard Armitage—told the FBI that he… disclosed Mrs. Wilson’s work status at the CIA to Robert Novak?” Wells asks. Grossman replies, “Yes, sir.” [ABC News, 1/24/2007; Mother Jones, 1/25/2007; CBS News, 1/25/2007]

Entity Tags: Marc Grossman, Richard Armitage, Office of the Vice President, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Walter Kansteiner, Condoleezza Rice, Joseph C. Wilson, Theodore Wells, Carl W. Ford, Jr., Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Cathie Martin entering the courthouse.Cathie Martin entering the courthouse. [Source: New York Times]Cathie Martin, the former spokeswoman for Vice President Dick Cheney, testifies that she told Cheney and his former chief of staff Lewis “Scooter” Libby about Valerie Plame Wilson’s CIA status weeks before Libby claims to have learned that information from reporter Tim Russert (see July 10 or 11, 2003 and March 24, 2004). [CBS News, 1/25/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] At the time in question, Martin was Cheney’s assistant for public affairs. She now works at the White House as the deputy director of communications for policy and planning. As Cheney’s assistant, she worked closely with Libby and handled most press inquiries for Cheney and Libby. [Marcy Wheeler, 1/25/2007]
Passed along Information about Plame Wilson to Libby, Cheney - Martin testifies that in her presence Libby spoke with a senior CIA official on the telephone, and asked about the Joseph Wilson trip to Niger. She says she then spoke with CIA spokesman Bill Harlow, who told her that Wilson went to Niger on behalf of the agency, and that Wilson’s wife worked at the agency (see 5:25 p.m. June 10, 2003). Martin then says that she subsequently told both Libby and Cheney that Wilson’s wife worked at the CIA (see 5:27 p.m. June 11, 2003). The International Herald Tribune notes: “The perspective she laid out under questioning from a federal prosecutor was damaging to Libby.… She bolstered the prosecution’s assertion that Libby was fully aware of [Plame] Wilson’s identity from a number of administration officials, and did not first learn about her from reporters, as he has claimed. Perhaps more important[ly], she testified as a former close colleague of Libby’s and demonstrated her familiarity with him by repeatedly referring to him by his nickname, Scooter.” [International Herald Tribune, 1/25/2007; Marcy Wheeler, 1/25/2007] Of Plame Wilson’s outing by Robert Novak (see July 14, 2003), she testifies, “I knew it was a big deal that he had disclosed it.” [Marcy Wheeler, 1/29/2007]
Testifies that Cheney Coordinated Attack on Wilson - Martin also gives detailed evidence that it was Cheney who coordinated the White House counterattack against Plame Wilson’s husband, Joseph Wilson, in retaliation for his op-ed debunking administration claims that Iraq had tried to purchase uranium from Niger (see July 6, 2003). She testifies that during the first week of July 2003, she and her staff were told to increase their monitoring of the media, including television news (which until that point had not been monitored closely), and to make transcripts of everything that was said pertaining to administration policies and issues. She testifies that Cheney and Libby were both very interested in what the media was reporting about Iraqi WMDs, and whether Cheney’s office had ordered Joseph Wilson to go to Niger (see February 21, 2002-March 4, 2002). She discusses the talking points she disseminated to White House press secretary Ari Fleischer regarding Cheney’s lack of involvement in sending Wilson to Niger (see 9:22 a.m. July 7, 2003). Martin testifies that she had already been using those talking points, based on conversations she had had with Libby, but sent the memo to Fleischer because of Wilson’s appearances on the Sunday morning talk shows (see July 6, 2003). According to Martin, Cheney “dictated” the talking points for Fleischer, and included direct quotes from the National Intelligence Estimate on Iraq (see October 1, 2002), which had been partially declassified without her knowledge (see July 12, 2003)—she says she urged Cheney and Libby to declassify the NIE before leaking information from it to reporters. (Judge Reggie Walton tells the jury, “You are instructed that there is no dispute between the parties that on July 8 certain portions of the NIE had been declassified, although Ms. Martin had not been made aware of the declassification.”) Martin testifies that Cheney told Libby to speak directly to reporters about Wilson, effectively bypassing her and other communications staffers in his office. Martin also says she told Cheney and Libby that Plame Wilson worked for the CIA days before Libby claims he “first” learned it from NBC reporter Tim Russert (see July 10 or 11, 2003). Martin refuses to confirm that either Cheney or Libby suggested leaking Plame Wilson’s identity as part of a strategy to discredit her husband. [Marcy Wheeler, 1/25/2007; Marcy Wheeler, 1/25/2007; MSNBC, 2/21/2007; BBC, 7/3/2007]
Falsely Accused of Leaking Information to NBC Reporter - Martin goes on to describe a senior staff meeting at the White House, where she was implictly accused of leaking information to NBC reporter Andrea Mitchell (see July 9, 2003). She denies leaking the information to Mitchell, and testifies that Libby spoke with Mitchell about such subjects. [International Herald Tribune, 1/25/2007; Marcy Wheeler, 1/25/2007]
Defense Notes Change in Martin's Testimony - The defense notes that Martin has changed the dates of some of her recollections from her previous statements to prosecutor Patrick Fitzgerald’s investigators. [International Herald Tribune, 1/25/2007; Marcy Wheeler, 1/25/2007; Marcy Wheeler, 1/25/2007; New York Times, 2/4/2007] The defense’s cross-examination of Martin extends into Monday, January 29; Fitzgerald briefly redirects her testimony. [Marcy Wheeler, 1/29/2007]
Attempt to Slow Trial Fails - A January 25 attempt by defense attorney Theodore Wells to slow the pace of the trial fails. Wells attempts to delay Martin’s testimony by complaining that he has not had an opportunity to review what he calls a “whole box” of the original copies of Martin’s notes. It would, Wells says, take hours for the defense team to read and review the notes. Fitzgerald reminds the court that the defense has had the notes for a year. Wells then complains that some of the notes are illegible. “I think that’s a bit of a spin,” Fitzgerald retorts, noting that he is only using about four pages of notes as evidence. “These copies were legible. Show me the pages that weren’t legible.” Judge Reggie Walton says that since it would be unethical for Wells to misrepresent his inability to read the documents, he has to accept Wells’s assertion. Fitzgerald then produces the notes, a small stack of documents that do not comprise a “whole box.” Walton, apparently exasperated, tells Wells he can review the notes during his lunch hour, and refuses to delay the trial. [New York Times, 2/10/2007]

Entity Tags: Ari Fleischer, Andrea Mitchell, Bill Harlow, Catherine (“Cathie”) Martin, Bush administration (43), Joseph C. Wilson, Lewis (“Scooter”) Libby, Tim Russert, Patrick J. Fitzgerald, Reggie B. Walton, Valerie Plame Wilson, Richard (“Dick”) Cheney, Theodore Wells, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Ari Fleischer, outside the courthouse where the Libby trial is underway.Ari Fleischer, outside the courthouse where the Libby trial is underway. [Source: Life]Former White House press secretary Ari Fleischer testifies in the trial of Lewis “Scooter” Libby (see January 16-23, 2007), and tells the court that he learned of Valerie Plame Wilson’s CIA status from Libby three days before Libby has said he first learned of it. If Fleischer is telling the truth, then Libby cannot have been truthful in his claims. Prosecutor Patrick Fitzgerald has told the court that in 2004 he offered Fleischer blanket immunity in return for his testimony (see February 13, 2004), without being sure what Fleischer would say in court. The defense team calls the arrangement highly unusual, and days before attempted to bar Fleischer’s testimony (see January 25-27, 2007). [MSNBC, 2/21/2007; BBC, 7/3/2007; Marcy Wheeler, 1/29/2009] The prosecution quickly elicits Fleischer’s admission that if he lies under oath, his immunity agreement becomes void and he, too, can be prosecuted. [Marcy Wheeler, 1/29/2009]
Libby Told Fleischer of Plame Wilson's Identity - Testifying under oath, Fleischer tells prosecuting attorney Peter Zeidenberg (handling the examination for Fitzgerald) that he learned of Plame Wilson’s identity from Libby during a lunch with him on July 7, the day after Plame Wilson’s husband’s controversial op-ed appeared in the New York Times (see July 6, 2003). Libby has told reporters he first learned about Plame Wilson’s identity on either July 10 or July 11 from NBC reporter Tim Russert (see July 10 or 11, 2003, March 5, 2004, and March 24, 2004). According to Fleischer, Libby told him: “Ambassador [Joseph] Wilson was sent by his wife. His wife works for the CIA.” Fleischer testifies that Libby referred to Wilson’s wife by her maiden name, Valerie Plame. Fleischer says, “He added it was hush-hush, on the Q.T., and that most people didn’t know it.” Fleischer also notes that Libby told him Plame Wilson worked in the Counterproliferation Division, where almost everyone is covert, though he testifies that he knows little about the CIA’s internal structure. Four days later, Fleischer heard of Plame Wilson’s CIA status again, that time from White House communications director Dan Bartlett (see July 6-10, 2003). Fleischer informed conservative columnist Robert Novak of Plame Wilson’s CIA status the same day he learned of it from Libby (see July 7, 2003), and told reporters David Gregory and John Dickerson the same information a week later in what he calls a casual conversation (see 8:00 a.m. July 11, 2003). Fleischer insists he believed the information about Plame Wilson was not classified, saying, “[N]ever in my wildest dreams [did I think] this information would be classified.” [CBS News, 1/25/2007; Marcy Wheeler, 1/29/2007; Washington Post, 1/30/2007; National Journal, 2/19/2007; Marcy Wheeler, 1/29/2009]
Defense Cross - The defense notes that Fleischer originally mispronounced Plame Wilson’s maiden name as “plah-MAY,” indicating that he may have read about her instead of being told of her identity. Fleischer says under cross-examination that he did not reveal Plame Wilson’s identity to reporters until he heard about the CIA official from a second White House aide, Bartlett (see July 7, 2003, 8:00 a.m. July 11, 2003, 1:26 p.m. July 12, 2003, and July 15, 2005). It was after Bartlett’s “vent” about Wilson that Fleischer says he decided to inform two reporters, NBC’s David Gregory and Time’s John Dickerson, of Plame Wilson’s CIA status. (Dickerson has said Fleischer did not tell him Plame Wilson was a CIA official—see February 7, 2006.) Fleischer testifies that neither Libby nor Bartlett invoked a White House protocol under which colleagues warned him when they were providing classified information that could not be discussed with reporters. [Marcy Wheeler, 1/29/2007; Marcy Wheeler, 1/29/2007; Washington Post, 1/30/2007; New York Times, 2/4/2007]
Post: Fleischer Impugns Libby 'Memory Defense' - The Washington Post calls Fleischer “the most important prosecution witness to date,” and continues: “Though a series of government officials have told the jury that Libby eagerly sought information about [Wilson], Fleischer was the first witness to say Libby then passed on what he learned: that Wilson’s wife was a CIA officer who had sent him on a trip to Africa.… Fleischer also reinforced the prosecution’s central argument: that Libby had been so determined to learn and spread information about Wilson and Plame that he could not have forgotten his efforts” (see January 31, 2006). [Washington Post, 1/30/2007] In 2004, Libby testified that he could not remember if he discussed Plame Wilson with Fleischer, though he admitted that he may have. [US Department of Justice, 3/5/2004 pdf file]

Entity Tags: Lewis (“Scooter”) Libby, John Dickerson, David Gregory, Joseph C. Wilson, Patrick J. Fitzgerald, Dan Bartlett, Peter Zeidenberg, Bush administration (43), Counterproliferation Division, Valerie Plame Wilson, Ari Fleischer, Robert Novak, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Prosecutor Patrick Fitzgerald enters a copy of New York Times columnist Maureen Dowd’s July 13, 2003 op-ed, “National House of Waffles,” into evidence in the Lewis Libby trial. The copy is heavily marked with notes from Libby. Fitzgerald blacked out most of the column, not because of security concerns, but to focus the jury’s attention on the section at the bottom. He directs the jury’s attention to the section that reads: “When the president attributed the information about Iraq trying to get Niger yellowcake to British intelligence (see 3:09 p.m. July 11, 2003), it was a Clintonian bit of flim-flam. Americans did not know what top Bush officials knew: that this ‘evidence’ could not be attributed to American intelligence because the CIA had already debunked it. [Condoleezza] Rice did not throw out the line, even though the CIA had warned her office that it was sketchy. Clearly, a higher power wanted it in. And that had to be Dick Cheney’s office. Joseph Wilson, former US ambassador to Gabon, said he was asked to go to Niger to answer some questions from the vice president’s office about that episode and reported back that it was highly doubtful” (see July 6, 2003). Libby’s notes read in part, “not us” and “not to us” in response to Dowd’s suggestions that the CIA had debunked the evidence pointing to an Iraqi attempt to obtain Nigerien uranium. [National Public Radio, 3/7/2007; Office of the Special Prosecutor, 5/2007 pdf file]

Entity Tags: Lewis (“Scooter”) Libby, Central Intelligence Agency, Patrick J. Fitzgerald, Maureen Dowd

Timeline Tags: Niger Uranium and Plame Outing

The Bush administration confirms that it believes US citizens can be designated as “enemy combatants” under the Military Commissions Act (MCA—see October 17, 2006). The confirmation comes during the trial of Ali Saleh Kahlah al-Marri, a Qatari and the only person on the American mainland being held as an enemy combatant. Al-Marri, currently held at the Charleston, South Carolina Naval brig, is a legal US resident accused of being a sleeper agent for al-Qaeda (see September 10, 2001). He was arrested in December 2001, while living with his family and studying computer science at Bradley University in Illinois. Al-Marri is charged, not with any direct terrorist activities, but with credit card fraud and lying to federal agents. He is challenging his indefinite detention in federal court, and the government is using the MCA to argue that al-Marri has no status in the courts because of his designation as an enemy combatant. One of the appellate court judges, Roger Gregory, asks Justice Department lawyer David Salmons, “What would prevent you from plucking up anyone and saying, ‘You are an enemy combatant?’” Salmons responds that the government can do just that, without interference from the courts, and adds, “A citizen, no less than an alien, can be an enemy combatant.” Gregory and the second of the three appellate judges, Diana Gribbon Motz, seem uncomfortable with the law’s provisions that the US judiciary has no role in such designations. When Motz asks Salmons about the difference between nations making war and individuals committing acts of terrorism, Salmons retorts with a familiar, and long-disputed, argument that the US Congress gave the government the right to detain terrorist suspects without charge or recourse to the judiciary when it granted the administration the right to use military force against terrorists after the 9/11 attacks (see September 14-18, 2001).
Theoretically Declaring War on PETA - Motz is skeptical of the argument, and asks a series of hypothetical questions about just what organizations or individuals President Bush could designate as enemy combatants. Using the animal rights group People for the Ethical Treatment of Animals (PETA) as an example, Motz asks, “Could the president declare war on PETA?” Salmons says the question is unrealistic, but refuses to say that Bush could not do so if he chose. The Bush administration is careful in its use of the enemy combatant designation, Salmons says, therefore, “The representative of PETA can sleep well at night.” [New York Times, 2/2/2007]
Ignoring Constitutional Concept of 'Inalienable Rights' - Author and investigative journalist Robert Parry notes that in the al-Marri case, the Bush administration is arguing against the concept of “inalienable,” or “unalienable,” rights as granted by the Constitution and the Bill of Rights. According to the administration, as long as the US is embroiled in what it calls the “war on terror,” Bush can use his “plenary,” or unlimited, executive powers to essentially waive laws and ignore Constitutional rights if he so chooses. Parry writes that “since the ‘war on terror’ will go on indefinitely and since the ‘battlefield’ is everywhere, Bush is asserting the president’s right to do whatever he wants to whomever he wants wherever the person might be, virtually forever.” Parry concludes, “The Justice Department’s arguments in the [al-]Marri case underscore that Bush still sees himself as a modern-day version of the absolute monarch who gets to decide which rights and freedoms his subjects can enjoy and which ones will be denied.” [Consortium News, 2/3/2007]

Entity Tags: Military Commissions Act, Bush administration (43), Ali Saleh Kahlah al-Marri, Al-Qaeda, David Salmons, George W. Bush, Robert Parry, Roger Gregory, Diana Gribbon Motz, US Department of Justice, People for the Ethical Treatment of Animals

Timeline Tags: Civil Liberties

Special Counsel Patrick Fitzgerald rests the prosecution’s case against Lewis “Scooter” Libby (see January 16-23, 2007) after 11 days of trial and 10 witnesses. [CBS News, 1/25/2007; MSNBC, 2/21/2007] The prosecution’s case ends with the introduction of a previously stipulated deposition by Debbie Heiden, Vice President Dick Cheney’s executive assistant. Heiden said in the deposition that she was assigned to search for documents on October 3, 2003, relating to the Valerie Plame Wilson identity leak investigation (see September 26, 2003), and found a document that is now filed as Government Exhibit 402. Cheney’s office turned over the document four days later. The document, an annotated copy of Joseph Wilson’s op-ed “What I Didn’t Find in Africa” (see July 6, 2003), contains Cheney’s handwritten notations (see May 14, 2006). The prosecution also submits a number of newspaper articles into evidence. [FireDogLake, 2/7/2007]

Entity Tags: Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Richard (“Dick”) Cheney, Joseph C. Wilson, Debbie Heiden

Timeline Tags: Niger Uranium and Plame Outing

An investigation by the Defense Department’s Office of Inspector General finds that the Pentagon’s Office of Special Plans (OSP) (see Shortly After September 11, 2001) inappropriately produced “alternative” intelligence reports that falsely concluded that Saddam Hussein’s regime had collaborated with al-Qaeda. The report says, “We believe the actions were inappropriate because a policy office was producing intelligence products and was not clearly conveying to senior decision-makers the variance with the consensus of the intelligence community.” The report cites a July 2002 memo (see July 25, 2002) issued by the OSP that had taken issue with the intelligence community’s view that Iraq would not work with Islamic extremists. The inspector general says that as an alternative view, the memo should have been developed in accordance with the appropriate intelligence agency guidelines. But the report also says that the unit did nothing illegal. The inspector general’s investigation had been requested by Senator Carl Levin (D-MI) on September 22, 2005. [US Department of Defense, 2/9/2007 pdf file; New York Times, 2/9/2007; McClatchy Newspapers, 2/9/2007; Associated Press, 2/10/2007] Responding to the report’s conclusions, Senator Jay Rockefeller (D-WV) says in a statement that the Pentagon intelligence unit’s activities may have violated the 1947 National Security Act. The act “requires the heads of all departments and agencies of the US government involved in intelligence activities ‘to keep the congressional oversight committees informed,’” Rockefeller says. “The IG has concluded that [Feith’s] office was engaged in intelligence activities. The Senate Intelligence Committee was never informed of these activities. Whether these actions were authorized or not, it appears that they were not in compliance with the law.” [McClatchy Newspapers, 2/9/2007]

Entity Tags: Office of the Inspector General (DoD), Douglas Feith, John D. Rockefeller, Office of Special Plans

Timeline Tags: Events Leading to Iraq Invasion

Former State Department Intelligence Bureau (INR) chief Carl Ford testifies for the defense in the Lewis Libby perjury and obstruction trial. Ford’s INR was one of the first governmental agencies to warn that the claims of Iraqi WMDs were not backed by solid evidence (see June 2, 2003), and Ford is the official who sent a memo indirectly identifying Valerie Plame Wilson as a CIA agent to then-Deputy Secretary of State Richard Armitage (see July 7, 2003). The defense does little with Ford besides confirming the details of the memo, which primarily concerned Plame Wilson’s husband Joseph Wilson’s trip to Niger (see June 10, 2003 and July 20, 2005). [Marcy Wheeler, 2/12/2007]

Entity Tags: Richard Armitage, Carl W. Ford, Jr., Lewis (“Scooter”) Libby, Valerie Plame Wilson, Joseph C. Wilson

Timeline Tags: Niger Uranium and Plame Outing

The defense for accused perjurer Lewis “Scooter” Libby questions Vice President Dick Cheney’s national security adviser, John Hannah, who says he worked very closely with Libby while Libby served as Cheney’s chief of staff. Hannah testifies that Libby has a poor memory (see January 31, 2006), telling defense lawyer John Cline, “On certain things Scooter had an awful memory.” Hannah also says that part of Libby’s job as chief of staff to Cheney was to “push back” on any criticism of the vice president such as that leveled by war critic Joseph Wilson (see July 6, 2003). [New York Times, 2/13/2007; Marcy Wheeler, 2/13/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] Hannah says of Libby’s memory, “It would often be the case where he was quite good at remembering ideas and concepts and very bad at figuring out how those ideas came to him.” Hannah portrays Libby’s typical workday as, in the words of the Associated Press, “breakneck,” with CIA briefings beginning a long and often hectic workday peppered with top-level meetings. “He was the key person talking about and helping advise the vice president on issues of homeland security,” Hannah testifies. Hannah’s testimony is key to the defense strategy, helping paint Libby as a man consumed with the duties of an intensely stressful job and therefore prone to make mistakes in recollection, especially about issues such as the identity of a CIA official whose husband is publicly criticizing the government. Hannah is also able to introduce some specifics about the national threats Libby worked to prevent, including terrorism and the problems posed by Iran and Pakistan, without subjecting Libby to cross-examination (see February 12, 2007). When Libby tried to remember things during his hectic workday, Hannah testifies, he often was unable to do so completely. [Associated Press, 2/13/2007; New York Times, 2/13/2007; Marcy Wheeler, 2/13/2007; Marcy Wheeler, 2/13/2007] Hannah’s attempt to paint Libby as overworked and mnemonically challenged is short-lived, as prosecutor Patrick Fitzgerald pins Hannah down in cross-examination. Fitzgerald asks Hannah if it would be accurate to say that because of Libby’s crushing work schedule during the week of July 6, 2003, the former chief of staff would have only spent time on things he considered important. “If he gave something an hour or two that week,” Fitzgerald asks, “it would be something Mr. Libby thought was important, right?” Hannah agrees. The jury is well aware that Libby spent two hours with New York Times reporter Judith Miller on July 8 of that week (see 8:30 a.m. July 8, 2003). Both outed CIA case officer Valerie Plame Wilson and FireDogLake blogger Jane Hamsher will observe, “It was a Perry Mason moment.” [Wilson, 2007, pp. 290-291; Associated Press, 2/13/2007; New York Times, 2/13/2007; Marcy Wheeler, 2/13/2007; Jane Hamsher, 2/13/2007] Former Clinton adviser Sidney Blumenthal, the author of a recent book critical of the Bush administration, calls Hannah “Cheney’s stand-in, but without Cheney’s enormous potential liabilities that might be explored through cross-examination. Hannah’s role was to be the first-person witness to buttress Libby’s memory defense.” [Salon, 2/15/2007]

Entity Tags: Joseph C. Wilson, John Cline, John Hannah, Valerie Plame Wilson, Sidney Blumenthal, Jane Hamsher, Reggie B. Walton, Richard (“Dick”) Cheney, Judith Miller, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

New York Sun reporter Josh Gerstein, in an analysis of the Lewis Libby trial, says the jury has a “plethora of reasons to acquit Libby” if it chooses to do so. Gerstein runs through the defense’s attempts to paint Libby as having tremendous memory problems (see February 13, 2007), and reminds readers that the memories of several government witnesses have been challenged by the defense (see January 23-24, 2007, January 24-25, 2007, January 24, 2007, January 25-29, 2007, January 29, 2007, January 30-31, 2007, January 31, 2007, February 1-5, 2007, February 7-8, 2007, February 13, 2007, and February 14, 2007). The defense has also offered three different theories to explain Libby’s prosecution, including his victimization by reporters, the CIA, and State Department, and White House officials attempting to protect deputy chief of staff Karl Rove. “You throw out as much as you can, hoping to get one juror,” says criminal defense lawyer Edward Hayes. “People like conspiracy theories.” Another defense lawyer, Benjamin Brafman, says: “It’s not inconceivable you could get a couple of jurors to say, ‘I don’t think he’s guilty because of memory. We all forget some things.’ A couple of jurors might not like that argument but might be persuaded by the suggestion he’s a sacrificial lamb and the administration is protecting Rove.” On the other hand, the defense’s “scattershot approach” might make the jury lose faith in its arguments. Branfman says: “I think you have to be very careful throwing defenses into a case. [Prosecutor Patrick] Fitzgerald is going to look at the number of defenses and comment on that. If something was made in their opening statement and they didn’t deliver, he has the right to comment on that.” And Hayes adds that the defense should be careful in suggesting that all the prosecution witnesses are “out to get” Libby: “What you can’t do is argue that every single witness is a bad person, lying, and out to hurt somebody. That’s just too much.” Most of the defense lawyers interviewed by Gerstein say they agree with the defense’s decision not to allow Libby to testify. Brafman agrees with an argument recently advanced by conservative columnist Byron York (see February 15, 2007), that the jury had already heard Libby’s testimony through audiotapes of his previous testimony to a grand jury (see February 5, 2007 and February 6, 2007), and to allow Libby to restate his earlier testimony and be cross-examined again would be “superfluous and perhaps reckless.” Gerstein concludes with praise from Brafman about lead defense attorney Theodore Wells. “Ted Wells is probably one of the most eloquent criminal defense lawyers in the United States. He’s a very charming man,” Brafman says. “He’ll probably deliver one of the best summations anyone has ever seen in any case.” [New York Sun, 2/16/2007]

Entity Tags: Theodore Wells, Lewis (“Scooter”) Libby, Edward Hayes, Josh Gerstein, Karl C. Rove, Benjamin Brafman, Patrick J. Fitzgerald, Byron York

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Peter Zeidenberg (left) and Patrick Fitzgerald outside the courthouse during the Libby trial.Peter Zeidenberg (left) and Patrick Fitzgerald outside the courthouse during the Libby trial. [Source: Reuters / Jonathan Ernst]After some final sparring between opposing counsel, the prosecution makes its closing argument in the Lewis Libby perjury and obstruction trial. Assistant prosecutor Peter Zeidenberg opens with a lengthy presentation summing up the prosecution’s case against Libby. [Marcy Wheeler, 2/20/2007; MSNBC, 2/21/2007]
Evidence Proves Libby Lied to FBI, Grand Jury - According to Zeidenberg, the evidence as presented shows that Libby lied to both the FBI (see October 14, 2003 and November 26, 2003) and the grand jury empaneled to investigate the Plame Wilson identity leak (see March 5, 2004 and March 24, 2004). He lied about how he learned about Valerie Plame Wilson’s CIA identity, who he spoke to about it, and what he said when he talked to others about Plame Wilson. A number of witnesses, including NBC reporter Tim Russert (see February 7-8, 2007), testified about Libby’s discussions to them about Plame Wilson’s identity. Libby forgot nine separate conversations over a four-week period, Zeidenberg says, and invented two conversations that never happened, one with Russert and one with Time magazine reporter Matthew Cooper. “That’s not a matter of forgetting or misremembering,” he says, “it’s lying.”
No Evidence of White House 'Scapegoating' - The defense argued in its opening statement that Libby was being “scapegoated” by the White House to protect the president’s deputy chief of staff, Karl Rove (see January 23, 2007). No witness, either for the prosecution or the defense, referenced any such effort to scapegoat Libby. The defense may have promised evidence showing such a conspiracy to frame Libby, but, Zeidenberg says, “unfulfilled promises from counsel do not constitute evidence.”
Libby Learned of Plame Wilson's Identity from Five Administration Officials in Three Days - Zeidenberg then walks the jury through the testimony as given by prosecution witnesses. Both former State Department official Marc Grossman (see January 23-24, 2007) and former CIA official Robert Grenier testified (see January 24, 2007) that Libby had badgered Grossman for information about former ambassador and administration critic Joseph Wilson (see May 29, 2003), and Grossman not only told Libby about Wilson and his CIA-sponsored trip to Niger, but that Wilson’s wife was a CIA official (see June 10, 2003 and 12:00 p.m. June 11, 2003). Zeidenberg notes, “When Grossman told this to Libby, it was the fourth time, in two days, that Libby had been told about Wilson’s wife.” Libby had learned from Vice President Cheney that Wilson’s wife was a CIA official (see (June 12, 2003)). Two hours after Libby’s meeting with Grossman, Grenier told the jury that Libby had pulled him out of a meeting to discuss Wilson (see 2:00 p.m. June 11, 2003). During that impromptu discussion, Grenier told Libby that Wilson’s wife was a CIA official. Libby then learned of Plame Wilson’s CIA status from Cathie Martin, Cheney’s communications aide (see 5:25 p.m. June 10, 2003 and 5:27 p.m. June 11, 2003). Martin, who testified for the prosecution (see January 25-29, 2007), learned of Plame Wilson’s CIA status from CIA press official Bill Harlow. Zeidenberg ticks off the officials who informed Libby of Plame Wilson’s CIA status: Cheney, Grenier, Martin, and Grossman. (Zeidenberg is as yet unaware that Libby had also heard from another State Department official, Frederick Fleitz, of Plame Wilson’s CIA status—see (June 11, 2003)). On June 14, Libby heard about Plame Wilson from another CIA official, briefer Craig Schmall (see 7:00 a.m. June 14, 2003), who has also testified for the prosecution (see January 24-25, 2007). Schmall’s testimony corroborates the testimony from Martin, Grossman, and Grenier, Zeidenberg asserts.
Leaking Information to Judith Miller - On June 23, just over a week after learning Plame Wilson was a CIA official, Libby informed then-New York Times reporter Judith Miller of Plame Wilson’s CIA status (see June 23, 2003). Why? Zeidenberg asks. Because Libby wanted to discredit the CIA over what Libby saw as the agency’s failure to back the administration’s claims about Iraqi WMDs. Miller is the sixth person, Zeidenberg says, that Libby talked to about Plame Wilson. Miller also testified for the prosecution (see January 30-31, 2007).
Told Press Secretary - On July 7, Libby told White House press secretary Ari Fleischer about Plame Wilson (see 12:00 p.m. July 7, 2003). Fleischer, under a grant of immunity from the prosecution, also testified (see January 29, 2007). By that point, Wilson had published his op-ed in the New York Times (see July 6, 2003), a column the administration considered to be highly damaging towards its credibility. Libby told Fleischer that the information about Plame Wilson was to be kept “hush hush.” However, Zeidenberg says, it is likely that Libby intended Fleischer to spread the information about Plame Wilson to other reporters, which in fact he did (see 8:00 a.m. July 11, 2003). Fleischer is the seventh person that evidence shows Libby spoke to concerning Plame Wilson.
Conferring with Cheney's Chief Counsel - The eighth person in this list is David Addington. At the time, Addington was Cheney’s chief counsel; after Libby stepped down over being indicted for perjury and obstruction (see October 28, 2005), Addington replaced him as Cheney’s chief of staff. Addington also testified for the prosecution (see January 30, 2007). Libby asked Addington if the president could legally declassify information at will, referring to the October 2002 National Intelligence Estimate on Iraq (NIE—see October 1, 2002). Libby planned on leaking NIE material to Miller on July 8 (see 8:30 a.m. July 8, 2003).
Leaking Classified Material to Miller - As stated, Libby indeed leaked classified material to Miller, during their meeting at the St. Regis Hotel. The “declassification” was highly unusual; only Cheney, Libby, and President Bush knew of the declassification. Libby again told Miller of Plame Wilson’s CIA status, and this time told her, incorrectly, that Plame Wilson worked in the WINPAC (Weapons Intelligence, Nonproliferation, and Arms Control) section of the agency. Cheney and Libby chose Miller, of all the reporters in the field, to leak the information to, Zeidenberg says; in her turn, Miller went to jail for almost three months rather than testify against Libby (see October 7, 2004). That fact damages her credibility as a prosecution witness.
The Russert Claim - Zeidenberg then turns to NBC’s Russert, who also testified for the prosecution (see February 7-8, 2007). Zeidenberg notes that after lead defense attorney Theodore Wells initially asserted that neither Russert nor any other reporter testifying for the prosecution was lying under oath, Wells and other defense attorneys cross-examined Russert for over five hours trying to prove that he indeed did lie. Libby claimed repeatedly to the grand jury that Russert told him of Plame Wilson’s CIA identity (see July 10 or 11, 2003), an assertion Russert has repeatedly denied. Zeidenberg plays an audiotape of Libby’s grand jury testimony featuring Libby’s assertion. Libby, Zeidenberg states, lied to the grand jury. Russert never made any such statement to Libby. [Marcy Wheeler, 2/20/2007] The defense tried to assert that Russert lied about his conversation with Libby because of some “bad blood” between the two. However, “evidence of [such a] feud is completely absent from the trial.” And if such a feud existed, why would Libby have chosen Russert to lie about before the jury? Such an assertion is merely a desperate attempt to discredit Russert, Zeidenberg says.
Matthew Cooper - Zeidenberg then turns to former Time reporter Matthew Cooper, another recipient of a Libby leak about Plame Wilson (see 2:24 p.m. July 12, 2003). Cooper also testified for the prosecution (see January 31, 2007). When Libby told the grand jury that Cooper asked him about Plame Wilson being a CIA official, and Libby said he responded, “I don’t know if it’s true,” Libby lied to the jury. Zeidenberg plays the audiotape of Libby making the Cooper claim. Had Libby made such a statement, Cooper could not have used it as confirmation of his own reporting. Cooper did indeed use Libby as a source for a Time article (see July 17, 2003). Cooper’s testimony is corroborated by Martin’s recollection of the Libby-Cooper conversation. Zeidenberg says: “Martin was present. She never heard any of what you heard Libby just hear it. She never heard, ‘I don’t know if it’s true.’ If she had heard it, she would have said something, because she knew it was true.”
FBI Agent Bond's Testimony - Zeidenberg briefly references testimony from FBI agent Deborah Bond (see February 1-5, 2007), who told the court that Libby may have discussed leaking Plame Wilson’s identity to the press. Bond’s testimony corroborates the prosecution’s assertion that Libby attempted to obscure where he learned of Plame Wilson’s identity.
Grounds for Conviction - Zeidenberg reminds the jury of the three separate instances the prosecution says are Libby lies, then tells them if they find any one of the three statements to be actual lies, they can convict Libby of perjury. “You don’t have to find that all three were false beyond reasonable doubt,” he says. “You have to unanimously agree on any one.” Of the two false statements Libby is charged with making to investigators, the jury need only find one of them is truly false.
Defense Assertions - Zeidenberg turns to Libby’s main defense, that he was so overwhelmed with important work as Cheney’s chief of staff that it is unreasonable to expect him to remember the details that he is accused of lying about (see January 31, 2006). Zeidenberg says the trial has elicited numerous instances of conversations Libby had, for example his conversation with Rove about Robert Novak (see July 8 or 9, 2003), that he remembered perfectly well. Zeidenberg then plays the relevant audiotape from the grand jury proceedings. Why is it, he asks, that Libby can remember that conversation so well, but consistently misremembered nine separate conversations he had about Plame Wilson? “When you consider Libby’s testimony, there’s a pattern of always forgetting about Wilson’s wife,” Zeidenberg says. Libby remembered details about Fleischer being a Miami Dolphins fan, but didn’t remember talking about Plame Wilson. He remembered talking about the NIE with Miller, but not Plame Wilson. He remembered talking about declassification with Addington, but not Wilson’s wife. Zeidenberg calls it a “convenient pattern,” augmented by Libby’s specific recollections about not discussing other issues, such as Cheney’s handwritten notes about Wilson’s op-ed (see July 7, 2003 or Shortly After). The defense also claims that Libby confused Russert with Novak; Zeidenberg puts up pictures of Russert and Novak side by side, and asks if it is credible to think that Libby made such a mistake. The entire “memory defense,” Zeidenberg says, is “not credible to believe. It’s ludicrous.” Libby was far too involved in the administration’s efforts to discredit 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). [Associated Press, 2/20/2007; Marcy Wheeler, 2/20/2007]
Motive to Lie - Zeidenberg addresses the idea of motive: why would Libby lie to the FBI and the grand jury, and why nine government witnesses would lie to the Libby jury. “Is it conceivable that all nine witnesses would make the same mistake in their memory?” he asks. Not likely. It is far more likely that Libby was motivated to lie because when he testified to FBI investigators, he knew there was an ongoing investigation into the Plame Wilson leak. He knew he had talked to Miller, Cooper, and Fleischer. He knew the FBI was looking for him. He knew from newspaper articles entered into evidence that the leak could have severely damaged Plame Wilson’s informant network and the Brewster Jennings front company (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). Even Addington’s testimony, about Libby asking him about the legality of leaking classified information, is evidence of Libby’s anxiety over having disclosed such information. And Libby knew that such disclosure is a breach of his security clearance, not only risking his job, but prosecution as well. So when he is questioned by the FBI, he had a choice: tell the truth and take his chances with firing and prosecution for disclosing the identity of a covert agent, or lie about it. “And, ladies and gentlemen,” Zeidenberg says, “he took the second choice. He made up a story that he thought would cover it.” And when caught out, he claimed to have forgotten that he originally knew about Plame Wilson’s identity. Libby, Zeidenberg says, “made a gamble. He lied. Don’t you think the FBI and the grand jury and the American people are entitled to straight answers?” [Marcy Wheeler, 2/20/2007; Murray Waas, 12/23/2008]
No Conspiracy, Just a Lie - Zeidenberg concludes by telling the jury that there was no grand White House conspiracy to scapegoat Libby, nor was there an NBC conspiracy to smear him. The case is just about Libby lying to federal authorities. “When you consider all the evidence, the government has established that the defendant lied to the FBI, lied to the grand jury, and obstructed justice.” [Marcy Wheeler, 2/20/2007]

Entity Tags: Matthew Cooper, Peter Zeidenberg, Theodore Wells, Robert Novak, Valerie Plame Wilson, Tim Russert, Marc Grossman, Robert Grenier, Lewis (“Scooter”) Libby, Frederick Fleitz, Judith Miller, Bush administration (43), Bill Harlow, Ari Fleischer, Catherine (“Cathie”) Martin, Craig Schmall, David S. Addington, Joseph C. Wilson, Federal Bureau of Investigation, Deborah Bond, Karl C. Rove, Richard (“Dick”) Cheney

Timeline Tags: Niger Uranium and Plame Outing

Defense lawyer Theodore Wells makes his closing argument to the jury, as Judge Reggie Walton looks on.Defense lawyer Theodore Wells makes his closing argument to the jury, as Judge Reggie Walton looks on. [Source: Art Lien / Court Artist (.com)]Defense lawyer Theodore Wells makes his team’s closing argument in the Lewis Libby perjury and obstruction trial. Wells is following a two-hour closing argument by assistant prosecutor Peter Zeidenberg (see 9:00 a.m. February 20, 2007). [Marcy Wheeler, 2/20/2007; MSNBC, 2/21/2007]
Indignation - Wells begins by saying he finds Zeidenberg’s arguments so incredible, he thinks he might be drunk. “[I]t sure sounded like I said a lot of things I could not deliver on,” he says. Court observer Marcy Wheeler, notating the arguments for the progressive blog FireDogLake, writes that while Zeidenberg came across as dispassionate and methodical, Wells’s tone is indignant and charged with emotion. In her book Fair Game, former CIA official Valerie Plame Wilson later describes Wells’s demeanor as “over the top, emotional… stalking the courtroom and changing the pitch and cadence of his voice like a seasoned Baptist preacher.” Wells says he will refrain from besmirching Zeidenberg’s character over some of the claims made in his argument, “because I don’t want to be personal.” Wells says that in the grand jury proceedings where Libby allegedly lied under oath (see March 5, 2004 and March 24, 2004), lawyers asked “the same question time after time after time,” causing Libby to stumble and misstate himself. [Wilson, 2007, pp. 293; Marcy Wheeler, 2/20/2007]
Revives Claim of Libby Being 'Scapegoated' - Wells denies claiming the existence of a White House conspiracy to “scapegoat” Libby in his opening statement (see January 23, 2007), saying he instead merely put into evidence the so-called “meat grinder” note from Vice President Dick Cheney that asserted it would be unfair to protect White House official Karl Rove and sacrifice Libby (see October 4, 2003). (Wells is misstating the contents of the note; it does not mention Rove at all.) Instead of lying, Wells says, Libby was “fight[ing] to get clear,” fighting to save his credibility after White House officials “blew him off.”
'He Said, She Said' - Wells asserts Libby’s complete innocence of all the charges brought against him, and says the entire body of evidence amounts to nothing more than a case of “he said, she said,” indicating that witnesses contradicted and disputed one another. Libby’s recollections, Wells says, are different from those of the reporters who testified for the prosecution. None of the charges pertain to Libby’s conversations with the White House officials who testified for the prosecution. The question hinges on whether Libby lied about his conversations with reporters Judith Miller, Matthew Cooper, and Robert Novak. One of the charges, hinging on Libby’s statements about his conversation with Miller, is no longer in contention. Of the conversation with Cooper (see 2:24 p.m. July 12, 2003), Wells says Libby was truthful when he told Cooper he “didn’t know” whether Plame Wilson was a CIA official or not. The evidence supports Libby’s position, Wells says.
Tim Russert - Wells turns to NBC reporter Tim Russert, whom Libby claimed told him about Plame Wilson being a CIA official (see July 10 or 11, 2003). Russert either lied under oath, Wells says, or had a major memory lapse. Because of what Wells calls Russert’s contradictory testimony, that “in and of itself is reasonable doubt,” and grounds for acquittal. The prosecution is flatly wrong in its timeline of events. It is almost certain Russert read Robert Novak’s column naming Plame Wilson as a CIA official on July 11, 2003, after it was issued on the Associated Press wire (see July 11, 2003), and informed Libby of that fact during their conversation shortly thereafter. Perhaps Russert merely misremembered the dates or the events of his discussion with Libby, Wells says, but his testimony was wrong. “You cannot convict Mr. Libby solely on the word of this man,” he says. “It would just be fundamentally unfair.” [Marcy Wheeler, 2/20/2007; Associated Press, 2/20/2007]
Presumed Innocent - Wells admonishes the jury not to forget that Libby is presumed innocent until proven guilty beyond a reasonable doubt. Libby didn’t testify (see February 13-14, 2007) because the defense is not required to prove the innocence of the accused. The only question, Wells states, is whether Libby is guilty beyond a reasonable doubt. Did the government prove that guilt beyond a reasonable doubt? Wells says no. He then ticks off the five counts of criminal behavior that Libby is charged with, and links each one of them to either Russert, Cooper, or both. In the instances of both reporters, Wells says, there is doubt as to their recollections and therefore doubt as to whether Libby lied about his conversations with them. Wells calls it “madness… that someone would get charged with this.” If Libby misstated himself, Wells says, he did so with good intentions, with a good-faith effort to tell the truth. There was no “deliberate, purposeful intent to lie.” Wells walks the jury through his version of events, which he says proves Libby told the truth to the best of his ability throughout. [Marcy Wheeler, 2/20/2007]
Jeffress - William Jeffress, another defense attorney, takes up the defense’s closing argument after lunch. Wheeler writes that his demeanor is far calmer and reasonable than Wells’s emotional presentation. Jeffress says that common sense alone should lead the jury to find that Libby either told the truth as he understood it or merely misremembered as an honest mistake. The case, he says, is about memory first and foremost. Libby may have misremembered, Jeffress says. The reporters who testified may have misremembered. It is plausible to think that Libby learned of Plame Wilson’s CIA status in June 2003, told some government officials, then in the crush of events, forgot about it until July, when he learned it again from Russert. Jeffress walks the jury through a timeline of how reporters learned of Plame Wilson’s identity from various government officials other than Libby, and says some of them, particularly former press secretary Ari Fleischer, may well have lied under oath to cover themselves (see January 29, 2007). Jeffress plays selections from Libby’s grand jury testimony to bolster his arguments about the various reporters learning of Plame Wilson’s identity from other officials.
Motive to Lie? - Libby had no motive to lie, Jeffress asserts. He was never charged with violating the statutes covering the exposure of a covert intelligence agent (see May 10, 2006). No one has testified that they knew without a doubt that Plame Wilson was covert, though the prosecution implied it more than once. If newspaper articles claimed that Plame Wilson was covert, those articles cannot be taken as factual; many articles and op-eds asserted that Plame Wilson was never covert. “It remains far from clear that a law was violated.” And Libby had no way to know that Plame Wilson was herself covert. No one, not Libby or any other government official who exposed Plame Wilson’s identity, lost their job over exposing her CIA status.
Judith Miller - Jeffress again turns to the issue of reporters’ credibility, beginning with Miller. Her testimony (see January 30-31, 2007) was, he says, marred with mistakes and failures of memory, even going so far as testifying, when she spoke to the grand jury, that she had not learned of Plame Wilson’s CIA status from Libby (see September 30, 2005), and then reversing that claim in subsequent testimony (see October 12, 2005). “Pretty amazing, a person testifying about this after not remembering for two years,” Jeffress observes. As Libby kept no notes of his conversations with Miller, he has only his word to refute her claims. Miller, Jeffress says, is an unreliable witness.
Matthew Cooper - Jeffress, who is running out of time for his portion of the close, turns to Cooper. The difference between Libby’s recollection of events and Cooper’s is, Jeffress asserts, the difference that the government wants the jury to convict on three separate charges. Yet Cooper never wrote about Plame Wilson until after her status was made public. Libby did not serve as a source for his reporting (see July 17, 2003). And as with Miller, Cooper’s testimony proved his failure to keep accurate notes (see January 31, 2007).
Cathie Martin - Jeffress moves quickly to address the testimony of Cathie Martin, then a communications aide to Cheney (see January 25-29, 2007). Martin testified that Libby’s version of his telephone conversation with Cooper was incorrect, and as she was there for the conversation, her testimony is accurate. However, Martin misremembered the number of calls made (two, not one) and did not hear Libby’s side of the conversation accurately. She had no way to know what Cooper was saying on the other end.
Jeffress Concludes - Jeffress concludes by telling the jurors that they are the first people to examine the case “through the lens of a presumption of innocence.” The prosecution, he says, has not proven the charges beyond a reasonable doubt. “It’s not even close.” [Marcy Wheeler, 2/20/2007]
Wells Continues - Theodore Wells once again addresses the jury. He has less than an hour to finish. He refers back to the “meat grinder” note from Cheney that proves, Wells says, Libby did not leak classified information (see June 27, 2003, July 2, 2003, 7:35 a.m. July 8, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, and Late Afternoon, July 12, 2003). Wells also revisits his claim that Libby was “left out to dry” by other White House officials. He disputes the timeline of events from the prosecution, again attacks the credibility of prosecution witnesses such as Russert and Fleischer, and calls the prosecution’s evidence “circumstantial” and unconvincing. He even disputes that Libby was involved in any effort to discredit Joseph Wilson, or that there even was an effort among White House officials to do so. As he reaches the end of his time, Wells’s demeanor once again begins to exhibit agitation and indignation, and he calls the idea that Libby, whom he says devoted himself to serving the Bush administration, committed a crime in that service “outrageous.” He revisits the contention that Libby’s memory was faulty and failed him at inopportune times, calls the courtroom a “laboratory of recollection,” and asks the jurors if they can emphathize with Libby’s forgetfulness. He reminds the jury of former Cheney aide John Hannah’s claims to that effect, and his testimony to Libby’s stressful job (see February 13, 2007). Libby, Wells says, deserves the “benefit of the doubt.” Wells admits that Libby “made mistakes” in his grand jury testimony, but those mistakes were honest “misrecollect[ions].” During his final minutes, Wells becomes emotional, breaking into tears and imploring the jurors not to sacrifice Libby because they might disapprove of the Bush administration or the war in Iraq. “This is a man with a wife and two children,” he says. “He is a good person. He’s been under my protection for the past month. I give him to you. Give him back! Give him back to me!” Wells sits down, sobbing. [Marcy Wheeler, 2/20/2007; Associated Press, 2/20/2007; Washington Post, 2/21/2007; New York Sun, 2/21/2007]

Entity Tags: Lewis (“Scooter”) Libby, Ari Fleischer, Marcy Wheeler, Catherine (“Cathie”) Martin, Judith Miller, John Hannah, William Jeffress, Karl C. Rove, Tim Russert, Matthew Cooper, Richard (“Dick”) Cheney, Robert Novak, Theodore Wells, Peter Zeidenberg, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

A bipartisan group of senators headed by Ron Wyden (D-OR) and Kit Bond (R-MI) campaign to force the CIA to release the executive summary of a report by its inspector general about some aspects of its performance before 9/11. Wyden says, “It’s amazing the efforts the administration is going to stonewall this,” adding that he is considering linking acceptance of President Bush’s nominations for national security positions to the report’s release. Wyden also says that the report is not being kept secret for national security reasons, but merely to protect individuals from embarrassment. Apparently, some of the officials criticized in the report are still in “senior government positions.” The idea of releasing the executive summary is twice approved by the Senate before being made law in August 2007 (see August 8, 2007). [Associated Press, 5/18/2007]

Entity Tags: Christopher (“Kit”) Bond, Office of the Inspector General (CIA), Central Intelligence Agency, Ron Wyden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Wall Street Journal columnist James Taranto joins his conservative colleagues at the National Review in calling the Lewis Libby trial verdict (see March 6, 2007) a “travesty” (see March 6, 2007 and March 6, 2007). Libby should never have been prosecuted at all, Taranto writes, and calls the courtroom proceedings a “show trial” that will allow “partisans of [war critic] Joseph Wilson [to] use the guilty verdict to declare vindication” (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). Like the National Review writers, Taranto insists that the trial proved Libby’s innocence, not his guilt; proved that Wilson, not the White House, lied about Iraqi WMDs (see February 21, 2002-March 4, 2002, Mid-January 2003, 9:01 pm January 28, 2003, and July 6, 2003); proved that Valerie Plame Wilson was not a covert agent for the CIA (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); and proved that no one from the White House leaked Plame Wilson’s identity to columnist Robert Novak (see June 19 or 20, 2003, June 27, 2003, July 2, 2003, July 6-10, 2003, July 8, 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). The entire case against Libby was “a tissue of lies,” Taranto argues. No one committed any crimes, he continues, and calls special counsel Patrick Fitzgerald “an overzealous prosecutor, one who was more interested in getting a scalp than in getting to the truth of the matter.” Libby could have avoided being prosecuted and convicted merely by refusing to “remember” anything under questioning, Taranto says, and concludes, “Therein lies a lesson for witnesses in future such investigations—which may make it harder for prosecutors to do their jobs when pursuing actual crimes.” [Wall Street Journal, 3/6/2007]

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Niger Uranium and Plame Outing

Mona Charen.Mona Charen. [Source: News New Mexico]Conservative columnist Rich Lowry, who often writes for the National Review, writes a harsh denunciation of special counsel Patrick Fitzgerald in a syndicated column picked up by, among other media outlets, the Salt Lake Tribune. Lowry begins by joining other conservatives in calling for a presidential pardon for convicted felon Lewis Libby (see March 6, 2007, March 6, 2007, March 7, 2007, March 7, 2007, March 7, 2007, March 8, 2007, and March 9, 2007), but quickly pivots to an all-out attack on Fitzgerald’s integrity as a prosecutor and on the jury that convicted Libby. Fitzgerald “had sufficient evidence to convince a handful of people drawn from Washington, DC’s liberal jury pool that Libby was guilty,” Lowry writes, and states, without direct evidence, that even the jury “didn’t believe Libby should have been in the dock in the first place.” Lowry echoes earlier arguments that Valerie Plame Wilson was exposed as a CIA official by her husband, Joseph Wilson (see November 3, 2005 and Late August-Early September, 2006), who, Lowry writes, should have known that once he wrote a column identifying himself as a “Bush-hater” (see July 6, 2003), questions would inevitably be asked as to why someone like him would be sent on a fact-finding mission to Niger. Lowry also echoes the false claim that Plame Wilson sent her husband on the mission (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). “Fitzgerald let himself become an instrument of political blood lust,” Lowry writes. If Democrats and other opponents of the Bush administration want to “score points against ‘the case for war,’” Lowry writes, the way to do that “is through advocacy [and] political agitation,” not by “jailing [Vice President Dick Cheney’s] former chief of staff. This is the very definition of the criminalization of politics. If the other party occupies the White House, each side in our politics is willing to embrace this criminalization, even if it means doing violence to its own interests and principles.” [Salt Lake Tribune, 3/8/2007] A day later, Lowry’s National Review colleagues, Mona Charen and Thomas Sowell, echo Lowry’s charge that Fitzgerald’s investigation “criminalized politics.” Charen goes somewhat further, labeling Fitzgerald “Ahab” in reference to the obsessed whale-boat captain of Moby Dick, and compares the Libby trial with the alleged perjury committed by former President Clinton in a sexual harassment lawsuit, where Clinton denied having an affair with a White House intern. Sowell dismisses the entire leak investigation as a great deal of nothing, and writes that Libby’s life has been ruined so that “media liberals” can “exult… as if their conspiracy theories had been vindicated.” [National Review, 3/9/2007; National Review, 3/9/2007]

Entity Tags: Thomas Sowell, Joseph C. Wilson, Bush administration (43), Lewis (“Scooter”) Libby, Mona Charen, Valerie Plame Wilson, Patrick J. Fitzgerald, Richard Lowry

Timeline Tags: Niger Uranium and Plame Outing

High value detainees. Top row, from left: KSM, Mustafa Ahmad al-Hawsawi, Hambali, Khallad bin Attash. Middle row, from left: Ali Abdul Aziz Ali, Ramzi bin al-Shibh, Abd al-Rahim al-Nashiri, Abu Zubaida. Bottom row, from left: Majid Khan, Ahmed Khalfan Ghailani, Abu Faraj al-Libbi, Mohamad Farik Amin, Mohammed Nazir Bin Lep, and Gouled Hassan Dourad.High value detainees. Top row, from left: KSM, Mustafa Ahmad al-Hawsawi, Hambali, Khallad bin Attash. Middle row, from left: Ali Abdul Aziz Ali, Ramzi bin al-Shibh, Abd al-Rahim al-Nashiri, Abu Zubaida. Bottom row, from left: Majid Khan, Ahmed Khalfan Ghailani, Abu Faraj al-Libbi, Mohamad Farik Amin, Mohammed Nazir Bin Lep, and Gouled Hassan Dourad. [Source: FBI (except for AFP for Hambali, New York Times for Abu Zubaida, and Reuters for Majid Khan)]Combat Status Review Tribunal hearings are held for fourteen high-value detainees who have been moved to Guantanamo Bay and are being held there by the US military (see September 2-3, 2006). The purpose of the hearings is to check that the detainees are properly designated as “enemy combatants.” Transcripts of the unclassified part of the hearings are released to the media, but no journalists are allowed to attend the hearings, and no photographs of the prisoners are released. However, Senator Carl Levin (D-MI) and former Senator Bob Graham (D-FL) view Khalid Shaikh Mohammed’s confession on closed circuit television in Guantanamo Bay (see March 10, 2007).
bullet Alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) admits to being involved in dozens of terror plots and attempts to morally justify his actions (see March 10, 2007), causing a good deal of interest in the media (see March 15-23, 2007 and Shortly After).
bullet Mustafa Ahmad al-Hawsawi says he is not an al-Qaeda member. However, he admits receiving military training from al-Qaeda, and helping some of the 9/11 hijackers, as well as knowing Osama bin Laden, Ayman Al-Zawahiri, Ramzi bin al-Shibh, and KSM (see March 21, 2007).
bullet Hambali is accused of being a leader of al-Qaeda affiliate Jemaah Islamiyah (JI) and being involved in several bomb plots in Southeast Asia. He submits a wide-ranging written statement and denies all involvement in terrorist acts, saying he resigned from JI in 2000. [US department of Defense, 4/4/2007 pdf file]
bullet Khallad bin Attash is accused of being involved in the attacks on US embassies in East Africa and the USS Cole. He says that the details of his participation in the attacks, as presented in the evidence, are incorrect, but admits being involved in the attacks. [US department of Defense, 3/12/2007 pdf file]
bullet Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) admits sending hijacker Marwan Alshehhi some money, but says he knew nothing of the plot, denies being an “enemy combatant,” and says he has provided “vital information” to the US (see March 30, 2007).
bullet Ramzi bin al-Shibh refuses to attend the hearing, or talk to his personal representative and translator, so only the summary of unclassified evidence is read out at the hearing. He is accused of knowing three of the hijacker pilots and facilitating the plot, as well as helping Zacarias Moussaoui and being captured at an al-Qaeda safehouse. [US department of Defense, 3/9/2007 pdf file]
bullet Abd al-Rahim al-Nashiri is accused of involvement in the African embassy and USS Cole bombings, but claims that he was tortured into confessing details of plots he invented (see March 10-April 15, 2007). However, he admits knowing Osama bin Laden and several other militants, as well as receiving up to $500,000 from bin Laden and distributing it to associates, some of whom used the money to get married and some of whom used it “to do other stuff.” He admits knowing the people involved in the USS Cole attack, such as al-Qaeda leader Khallad bin Attash, who he describes as a “regular guy who was jihadist,” and he admits buying the boat used in the attack and some explosives in Yemen using money provided by bin Laden. [US department of Defense, 3/14/2007 pdf file]
bullet Abu Zubaida is accused of heading the Khaldan and Darunta training camps in Afghanistan, and admits heading Khaldan, but denies actually being a member of al-Qaeda (see March 27, 2007) and complains of torture (see March 10-April 15, 2007).
bullet Ahmed Khalfan Ghailani is accused of being involved in the 1998 embassy bombings (see 10:35-10:39 a.m., August 7, 1998), for which he was indicted in the US. He admits being present when one of the bomb trucks was purchased and traveling in a scouting vehicle, but not to the embassy; and he admits buying the explosives, but argues another team member “could have gotten it himself, but he sent me to get it and bring it to him.” He also says he was told the explosives were for “mining diamonds.” He admits working with al-Qaeda, but denies actually being a member. He concludes by saying he “would like to apologize to the United States Government for what I did before… it was without my knowledge what they were doing but I helped them.” [US Department of Defense, 3/17/2007 pdf file]
bullet Majid Khan, who is alleged to have facilitated travel for extremists and to have planned an attack inside the US, attends the hearing, but says he “would rather have a fair trial… than a tribunal process.” He also denies the charges, complains of being tortured in US custody (see March 10-April 15, 2007), and submits favorable testimony from witnesses. For example, one witness claims he was forced to make a false statement saying that Khan wanted to participate in a suicide operation against Pakistani President Musharraf by the FBI, which threatened to transfer him to Guantanamo Bay. Khan also points out that he helped the FBI catch an illegal immigrant and says he will take a lie detector test. [US department of Defense, 4/15/2007 pdf file]
bullet Abu Faraj al-Libbi, who was accused of running an al-Qaeda guest house in Afghanistan, running a communications hub, and facilitating travel for militant trainees, elects not to participate in his hearing, as, according to his personal representative, “his freedom is far too important to be decided by an administrative process and [he] is waiting for legal proceedings.” [US department of Defense, 3/9/2007 pdf file]
bullet Mohamed Farik Amin is accused of being involved with the al-Qaeda affiliate Jemaah Islamiyah and of helping finance attacks by it. He attends the hearing, but does not say anything. [US department of Defense, 3/13/2007 pdf file]
bullet Mohammed Nazir Bin Lep (a.k.a. Lillie) does not to attend the hearing and is represented by his personal representative. He is accused of facilitating the transfer of funds for attacks in Southeast Asia, being an associate of Hambali, and having suspicious materials in the apartment where he was arrested. He says he has “nothing to do with JI” and that “it is true I facilitated the movement of money for Hambali, but I did not know what it was going to be used for.” He also points out, “it is not against the law in Thailand to have an M-16 in your apartment.” [US Department of Defense, 3/20/2007 pdf file]
bullet Gouled Hassan Dourad is accused of heading an al-Qaeda cell in Djibouti and of participating in operations by Al-Ittihad al-Islami in Somalia, but decides not to attend the hearing. He denies the specific allegations, but acknowledges fighting Ethiopians, which he says is his “right.” [US Department of Defense, 4/28/2007]

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

A photo of Khalid Shaikh Mohammed allegedly taken during his capture in 2003 (there are controversies about the capture).A photo of Khalid Shaikh Mohammed allegedly taken during his capture in 2003 (there are controversies about the capture). [Source: FBI]Khalid Shaikh Mohammed (KSM) attends his combat status review tribunal at Guantanamo Bay (see March 9-April 28, 2007), where he admits participating in the 9/11 attacks and numerous other plots, and offers a defense of his actions. He claims responsibility or co-responsibility for a list of 31 plots, including:
bullet The 1993 World Trade Center bombing (see February 26, 1993);
bullet The 9/11 operation: “I was responsible for the 9/11 operation from A to Z”;
bullet The murder of Daniel Pearl (see January 31, 2002): “I decapitated with my blessed right hand the head of the American Jew, Daniel Pearl”;
bullet The late 2001 shoe bombing operation (see December 22, 2001);
bullet The 2002 Bali nightclub bombings (see October 12, 2002);
bullet A series of ship-bombing operations (see Mid-1996-September 11, 2001 and June 2001);
bullet Failed plots to assassinate several former US presidents;
bullet Planned attacks on bridges in New York;
bullet Various other failed attacks in the US, UK, Israel, Indonesia, Australia, Japan, Azerbaijan, the Philippines, India, South Korea, and Turkey;
bullet The planned destruction of an El-Al flight in Bangkok;
bullet The Bojinka plot (see January 6, 1995), and assassination plans for President Clinton (see September 18-November 14, 1994) and the Pope (see September 1998-January 1999); and
bullet Planned attacks on the Library Tower in California, the Sears Tower in Chicago, the Empire State Building in New York, and the “Plaza Bank” in Washington State (see October 2001-February 2002). [US Department of Defense, 3/10/2007 pdf file] However, the Plaza Bank was not founded until 2006, three years after KSM was captured. The bank’s president comments: “We’re confused as to how we got on that list. We’ve had a little bit of fun with it over here.” [Seattle Post-Intelligencer, 3/15/2007]
On the other hand, KSM denies receiving funds from Kuwait or ever heading al-Qaeda’s military committee; he says this was a reporting error by Yosri Fouda, who interviewed him in 2002 (see April, June, or August 2002). In addition, he claims he was tortured, his children were abused in detention, and that he lied to his interrogators (see June 16, 2004). He also complains that the tribunal system is unfair and that many people who are not “enemy combatants” are being held in Guantanamo Bay. For example, a team sent by a Sunni government to assassinate bin Laden was captured by the Taliban, then by the US, and is being held in Guantanamo Bay. He says that his membership of al-Qaeda is related to the Bojinka operation, but that even after he became involved with al-Qaeda he continued to work with another organization, which he calls the “Mujaheddin,” was based in Pakistan, and for which he says he killed Daniel Pearl. [US Department of Defense, 3/10/2007 pdf file] (Note: KSM’s cousin Ramzi Yousef was involved with the militant Pakistani organization Sipah-e-Sahaba.) [Reeve, 1999, pp. 50, 54, 67] Mohammed says he was waterboarded by his interrogators. He is asked: “Were any statements you made as the result of any of the treatment that you received during that time frame from 2003 to 2006? Did you make those statements because of the treatment you receive from these people?” He responds, “CIA peoples. Yes. At the beginning, when they transferred me.” [ABC News, 4/11/2008] He goes on to compare radical Islamists fighting to free the Middle East from US influence to George Washington, hero of the American War of Independence, and says the US is oppressing Muslims in the same way the British are alleged by some to have oppressed Americans. Regarding the fatalities on 9/11, he says: “I’m not happy that three thousand been killed in America. I feel sorry even. I don’t like to kill children and the kids.” Although Islam prohibits killing, KSM argues that there is an exception because “you are killing people in Iraq.… Same language you use, I use.… The language of war is victims.” [US Department of Defense, 3/10/2007 pdf file] The hearing is watched from an adjoining room on closed circuit television by Senator Carl Levin (D-MI) and former Senator Bob Graham (D-FL). [US Congress, 3/10/2007] KSM’s confession arouses a great deal of interest in the media, which is skeptical of it (see March 15-23, 2007 and Shortly After).

Entity Tags: Daniel Robert (“Bob”) Graham, Khalid Shaikh Mohammed, Carl Levin

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

A cartoonist’s view of Khalid Shaikh Mohammed’s confession.A cartoonist’s view of Khalid Shaikh Mohammed’s confession. [Source: Rob Rodgers / Pittsburgh Post-Gazette]Khalid Shaikh Mohammed’s (KSM) confession at a Guantanamo Bay hearing (see March 10, 2007), becomes, as Time puts it, “a focus of cable TV and other media coverage, a reminder of America’s ongoing battle against international terrorism.” [Time, 3/15/2007] However, terrorism analysts are skeptical of some aspects of it. In an article entitled Why KSM’s Confession Rings False, former CIA agent Robert Baer says that KSM is “boasting” and “It’s also clear he is making things up.” Specifically, Baer doubts that KSM murdered Wall Street Journal reporter Daniel Pearl (see January 31, 2002). Baer notes that this “raises the question of just what else he has exaggerated, or outright fabricated.” Baer also points out he does not address the question of state support for al-Qaeda and that “al-Qaeda also received aid from supporters in Pakistan, quite possibly from sympathizers in the Pakistani intelligence service.” [Time, 3/15/2007] Pearl’s father also takes the confession of his son’s murder “with a spice of doubt.” [Hindustan Times, 3/23/2007] Journalist Yosri Fouda, who interviewed KSM in 2002 (see April, June, or August 2002), comments, “he seems to be taking responsibility for some outrages he might not have perpetrated, while keeping quiet about ones that suggest his hand.” Specifically, he thinks KSM may have been involved in an attack in Tunisia that killed about 20 people (see April 11, 2002). [London Times, 3/18/2007] KSM is also believed to have been involved in the embassy and USS Cole bombings (see Mid-1996-September 11, 2001), but these are also not mentioned. Terrorism analyst Bruce Riedel also does not take the confession at face value, saying, “He wants to promote his own importance. It’s been a problem since he was captured.” [Time, 3/15/2007] The Los Angeles Times notes that, according to intelligence officials, “the confession should be taken with a heavy dose of skepticism.” A former FBI manager says: “Clearly he is responsible for some of the attacks. But I believe he is taking credit for things he did not have direct involvement in.” [Los Angeles Times, 3/16/2007] The Seattle Post-Intelligencer points out that the Plaza Bank, one of the targets KSM says he planned to attack, was actually established in 2006, three years after he was captured. [Seattle Post-Intelligencer, 3/15/2007] Michael Scheuer, formerly head of the CIA’s bin Laden unit, notes KSM only says he is “involved” in the plots and that 31 plots in 11 years “can hardly be called excessive.” [Hindustan Times, 3/23/2007] Some media are even more skeptical. For example, the Philadelphia Inquirer comments that KSM, “claimed credit for everything but being John Wilkes Booth’s handler.” [Philadelphia Inquirer, 3/30/2007]

Entity Tags: Yosri Fouda, Judea Pearl, Daniel Pearl, Khalid Shaikh Mohammed, Michael Scheuer, Robert Baer, Bruce Riedel

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

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