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Context of 'January 23, 2005: Washington Post: Defense Department Operatives Allegedly Are Operating under Non-Official Cover'

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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

Columnist Byron York, writing for the conservative National Review, writes that two of the five felony counts against Lewis Libby have so little basis in evidence that it is difficult to see how Libby could be found guilty on those charges. York writes that a charge of perjury and a charge of making false statements depend entirely on the testimony of one person, former Time reporter Matthew Cooper, who testified for the prosecution the day before the column is published (see January 31, 2007). York states that both charges rest on a single line of hastily typed notes from Cooper: “had somethine and about the wilson thing and not sure if it’s ever,” and Cooper’s “shaky” testimony. York interprets Cooper’s testimony as indicating he is not now sure what he meant when he typed that line, and is unsure if it applies to the question of whether Libby told him about CIA official Valerie Plame Wilson. Cooper testified that Libby confirmed for him that he had “heard” Plame Wilson was the CIA official who sent her husband, Joseph Wilson, on a fact-finding mission to Niger (see February 21, 2002-March 4, 2002 and July 6, 2003). According to York, Cooper’s testimony before the Fitzgerald grand jury in 2005 (see July 13, 2005) and the snippet of Cooper’s notes “gave the jury all the evidence it would receive on Counts Three and Five of the indictment. Count Three accused Libby of making a false statement to the FBI during interviews on October 14, 2003 and November 26, 2003. That false statement consisted of Libby telling the FBI that when he talked to Cooper, he told Cooper that he, Libby, had been hearing about Mrs. Wilson from reporters. That statement was false, Fitzgerald alleged, because Cooper said it never happened.” York argues that Cooper’s trial testimony does not support his testimony before the grand jury. [National Review, 2/1/2007]

Entity Tags: Joseph C. Wilson, Byron York, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Matthew Cooper

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Jurors in the Lewis Libby perjury and obstruction trial (see January 16-23, 2007) hear eight hours of audio recordings of Libby’s 2003 and 2004 grand jury testimony (see March 5, 2004, March 24, 2004, and February 1-5, 2007). Three of the five perjury and obstruction of justice charges stem from Libby’s testimony before that grand jury. In the tapes, Libby acknowledges to prosecutor Patrick Fitzgerald that he understands a person who does not tell the truth to a grand jury can be charged with perjury. Libby’s memory was extraordinarily poor during his testimony; he told jurors in 2004 that he could recall little of his conversations with his then-boss, Vice President Dick Cheney, about former ambassador and administration critic Joseph Wilson (see March 5, 2004 and March 24, 2004). Libby did recall Cheney telling him that Wilson’s wife, Valerie Plame Wilson, was a CIA officer, but said Cheney told him in “sort of an offhand manner, as a curiosity.” Presiding judge Reggie Walton rules that once the jury is finished with them, the tapes will be released to the media. Libby’s lawyers had argued that releasing them would “seriously threaten” his right to a fair trial. [CBS News, 1/25/2007; FireDogLake, 2/5/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] Jurors will hear more grand jury testimony the next day (see February 6, 2007).

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The British government admits it should have credited a postgraduate student’s article as being part of its so-called “Dodgy Dossier” on Iraq’s weapons of mass destruction (see February 3, 2003). “In retrospect we should have acknowledged” that sections of the document were based on an article by Ibrahim al-Marashi, says a spokesman for Prime Minister Tony Blair. Menzies Campbell, foreign affairs spokesman for the opposition Liberal Democrats, says the incident is “the intelligence equivalent of being caught stealing the spoons.… The dossier may not amount to much but this is a considerable embarrassment for a government trying still to make a case for war.” Labour leader Glenda Jackson, an outspoken opponent of war with Iraq, calls the dossier “another example of how the government is attempting to mislead the country and Parliament on the issue of a possible war with Iraq. And of course to mislead is a Parliamentary euphemism for lying.” Blair’s spokesman disputes the allegation that the government lied; instead, he says, “We all have lessons to learn.” The Blair administration insists the dossier is “solid,” no matter what its sources. “The report was put together by a range of government officials,” says a Downing Street spokesman. “As the report itself makes clear, it was drawn from a number of sources, including intelligence material. It does not identify or credit any sources, but nor does it claim any exclusivity of authorship.” Conservative Party shadow defense secretary Bernard Jenkin says his party is deeply concerned about the dossier. “The government’s reaction utterly fails to explain, deny, or excuse the allegations made in it,” he says. “This document has been cited by the prime minister and Colin Powell as the basis for a possible war. Who is responsible for such an incredible failure of judgment?” [Associated Press, 2/7/2003; BBC, 2/7/2003; Office of the Prime Minister, 2/7/2003; New York Times, 2/8/2003]

Entity Tags: Walter Menzies Campbell, Bernard Jenkin, Blair administration, Glenda Jackson, Ibrahim al-Marashi, Tony Blair

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

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

As the Libby legal team prepares to put on its defense, the New York Times publishes an admiring profile of Lewis Libby’s lead attorney, Theodore Wells. The headline calls Wells “tough but deft,” and introduces him as “a celebrated defense lawyer with a reputation for a sure and supple touch with criminal juries.” The profile, written by reporters Neil Lewis and David Johnston, is based on an interview with one of Wells’s former clients, former Agriculture Secretary Michael Espy. Wells successfully defended Espy against a 30-count indictment of accepting illegal gifts during his tenure in the Clinton administration. The profile also quotes Wells’s legal partner in the Espy case, Reid Weingarten, who says of Wells: “The real truth about Ted is that it’s not about the flash, the geniality, and the big smile. He is a prodigious worker. He loves facts. No one outworks him. No one.” Former federal prosecutor Andrew Luger, who faced Wells in 1991, says Wells is “able to navigate complex issues in a way that made them very understandable to a lay jury.… He was able to do something that not all trial lawyers can do. He can present himself as personally easygoing and yet be very commanding.” The profile notes Wells’s “tall and athletic bearing,” his “skill as a communicator” during his opening statement (see January 23, 2007), and his ability to “strik[e] notes of anger, incredulity, and wounded innocence on behalf of” Libby. The reporters compare him to prosecutor Patrick Fitzgerald, portraying the government’s chief lawyer in the trial as “methodical [and] unemotional.” The reporters also praise Wells’s partner in the trial, William Jeffress, citing Jeffress’s “clarinet-smooth drawl to suggest his disbelief of accounts of several of the prosecution witnesses he has cross-examined, among them Judith Miller, the former New York Times reporter” (see January 30-31, 2007 and January 31, 2007). Towards the end of the profile, the reporters note that Wells was unsuccessful in at least one instance of attempting to slow the pace of the trial (see January 25-29, 2007). [New York Times, 2/10/2007]

Entity Tags: Neil Lewis, Andrew Luger, David Johnston, Michael Espy, Patrick J. Fitzgerald, Theodore Wells, New York Times, William Jeffress, Judith Miller, Reid Weingarten

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

In this courtoom sketch, Lewis Libby, at right, watches Robert Novak testify.In this courtoom sketch, Lewis Libby, at right, watches Robert Novak testify. [Source: Art Lien / NBC News]Conservative columnist Robert Novak, who publicly outed covert CIA official Valerie Plame Wilson (see July 14, 2003), testifies in the Lewis Libby perjury and obstruction trial. He is questioned by lead defense attorney Theodore Wells. Like his colleague Bob Woodward (see February 12, 2007), Novak testifies that he learned of Plame Wilson’s CIA status from former State Department official Richard Armitage (see July 8, 2003). He tells the court that both Armitage and White House official Karl Rove have given him permission to disclose their identities as his sources, and to discuss the content of their conversations. Novak says his conversation with Armitage was understood to be entirely on background, and he did not take notes or record the conversation. “I assumed I could write what he said, but I wouldn’t be able to identify him,” he says. Novak testifies, “I had no help and no confirmation from Mr. Libby” concerning Plame Wilson (see July 14, 2003), and notes that he had already decided to write about former ambassador Joseph Wilson’s trip to Niger when he spoke to Armitage (see February 21, 2002-March 4, 2002). He goes on to call Wilson “obnoxious.” [USA Today, 2/12/2007; Associated Press, 2/12/2007; Marcy Wheeler, 2/12/2007; Marcy Wheeler, 2/12/2007; National Review, 2/13/2007; Washington Post, 2/13/2007; New York Times, 2/13/2007; MSNBC, 2/21/2007; BBC, 7/3/2007]

Entity Tags: Theodore Wells, Karl C. Rove, Lewis (“Scooter”) Libby, Joseph C. Wilson, Bob Woodward, Richard Armitage, Valerie Plame Wilson, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Jill Abramson (left) testifies under questioning by defense counsel William Jeffress, as lawyers look on.Jill Abramson (left) testifies under questioning by defense counsel William Jeffress, as lawyers look on. [Source: Art Lien / Court Artist (.com)]New York Times managing editor Jill Abramson testifies for the defense in the Lewis Libby perjury and obstruction trial. Abramson, who served as one of former Times reporter Judith Miller’s supervisors, says that she cannot confirm elements of Miller’s testimony (see January 30-31, 2007 and January 31, 2007). Miller told the court that after speaking with Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) , she went to Abramson and suggested that the Times look into the question of whether Valerie Plame Wilson sent her husband, Joseph Wilson, on a CIA-sponsored trip to Niger (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). Defense attorney William Jeffress asks, “Did Judith Miller come to you to recommend the New York Times pursue a story about whether Ambassador Joe Wilson’s wife worked for the CIA?” Abramson replies, “I have no recollection of such a conversation.” [Associated Press, 2/13/2007; Marcy Wheeler, 2/13/2007] Abramson, who testifies for less than five minutes, says, “It’s possible I occasionally tuned her out,” and reiterates she has no memory of speaking to Miller about Plame Wilson. [New York Times, 2/13/2007]

Entity Tags: New York Times, Jill Abramson, Joseph C. Wilson, Lewis (“Scooter”) Libby, Valerie Plame Wilson, William Jeffress, Judith Miller

Timeline Tags: Niger Uranium and Plame Outing

Neoconservative John Podhoretz, who has penned a number of columns in defense of former White House official Lewis Libby and repeatedly demanded that all charges against him be dropped (see November 18, 2005, April 9, 2006, and Late August-Early September, 2006), calls the defense decision not to have Libby testify in his own defense (see February 13-14, 2007) “a risky… tactic.” Podhoretz terms Libby’s efforts to avoid a guilty verdict “fighting for his freedom,” says the defense made the best decision it could “under the restrictions laid down by Judge Reggie Walton,” and quickly moves to question prosecutor Patrick Fitzgerald’s ability to paint Libby as guilty of perjury and obstruction of justice. Podhoretz implicitly concedes that Libby may well have leaked Valerie Plame Wilson’s CIA identity to the press, but concludes that “nothing came of it.” Podhoretz says that given the events of the trial, it is unlikely that Libby will win a 12-0 vote in the jury and be acquitted; instead, he believes, the defense is now going for a hung jury. “Can Libby prevail?” he writes. “It’s easy to see how a few jurors at least might decide that they’ve just been subjected to a nonsense case that should be thrown into the garbage. But all 12 jurors siding with Libby? That’s a little like trying to fill an inside straight.” Podhoretz concludes by asking, “At which point, the question will be: Will prosecutor Patrick Fitzgerald fold up his tent or is he going to devote more time and resources trying to destroy my friend Scooter Libby’s life by putting him on trial a second time?” [New York Post, 2/14/2007]

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

Timeline Tags: Niger Uranium and Plame Outing

FireDogLake blogger Jane Hamsher, writing for her blog’s coverage of the Libby trial.FireDogLake blogger Jane Hamsher, writing for her blog’s coverage of the Libby trial. [Source: Michael Temchine / New York Times]The New York Times publishes a profile of some of the bloggers covering the Lewis Libby trial. The article, by Times reporter Scott Shane, focuses on the team of six writers and researchers who work on a volunteer basis for FireDogLake (FDL), a liberal blog owned by movie producer and author Jane Hamsher. According to Shane, “FireDogLake has offered intensive trial coverage, using some six contributors in rotation,” including “a former prosecutor [Christy Hardin Smith], a current defense lawyer [Jeralyn Merritt, who also writes for her own blog, TalkLeft], a Ph.D. business consultant [Marcy Wheeler, who has written a book, Anatomy of Deceit, on the subject],” a blogger who has covered the issue since Valerie Plame Wilson’s outing (the pseudonymous “Swopa”), an acknowleged expert on the Iraq/Niger uranium claims (the pseudonymous “eRiposte”), and Hamsher, “all of whom lodge at a Washington apartment rented for the duration of the trial.” Their work is so intensive and the bloggers so well-versed in the intricacies of the trial and its surrounding issues that “[m]any mainstream journalists use [FDL’s live coverage] to check on the trial.”
'Coming of Age' for Bloggers - Shane writes: “For blogs, the Libby trial marks a courthouse coming of age. It is the first federal case for which independent bloggers have been given official credentials along with reporters from the traditional news media” (see Early January, 2007). Robert A. Cox of the Media Bloggers Association says, “My goal is to get judges to think of bloggers as citizen journalists who should get the same protections as other journalists get.” Left-leaning bloggers such as those from FDL routinely disparage Libby and other Bush administration members in their writings, Shane notes, while right-wing blogs covering the trial, such as American Thinker, have targeted prosecution witnesses such as Tim Russert (see February 7-8, 2007) for their criticism. Sheldon Snook, the court official in charge of the news media, says the decision to admit bloggers (five to 10 out of the 100 or so reporters present on busy trial days) has worked out well. Snook tells Shane, “It seems they can provide legal analysis and a level of detail that might not be of interest to the general public but certainly has an audience.” Shane observes that “the Libby trial bloggers are a throwback to a journalistic style of decades ago, when many reporters made no pretense of political neutrality. Compared with the sober, neutral drudges of the establishment press, the bloggers are class clowns and crusaders, satirists and scolds.” Wheeler says covering the trial alongside mainstream reporters has confirmed some of her skepticism about mainstream journalism. “It’s shown me the degree to which journalists work together to define the story,” she says. “[O]nce the narrative is set on a story, there’s no deviating from it.” Hamsher, who is battling breast cancer, says of blogging, “There’s a snarky, get-under-the-surface-of-things quality to it that’s really me.” (The Times later notes that the FDL and other bloggers are not the first to cover a federal trial; anti-tobacco activist Gene Borio covered the trial of the federal government’s lawsuit against the tobacco industry in 2004.) [Marcy Wheeler, 2/8/2007; New York Times, 2/15/2007]
Countered 'Involved' Mainstream Media - In a contemporaneous interview with US News and World Report, Hamsher says of the mainstream coverage: “The media was having difficulty covering it because they were so involved in it. When the investigation started, Karl Rove’s attorney start[ed] putting out all this stuff. And every day the story would change and the blogosphere would document that. We had thousands of people showing up at our site and pointing out that the stories were never consistent. This story had so much information, and so many articles were written that it enabled the blogosphere to take in all of this information. And a cadre of professional people—not kids in their underwear—came together, compared notes, and developed a narrative of the story that was a pushback to the one that was being generated by the powers that be.… Our work on this particular topic has done a lot to defeat the notion that bloggers are fact free.” [Christy Hardin Smith, 2/15/2007] Salon’s progressive blogger Glenn Greenwald calls FDL’s trial coverage “intense, comprehensive, and superb.… [T]hey have produced coverage of this clearly significant event—one which has provided rare insight into the inner workings of the Beltway political and journalistic elite—that simply never is, and perhaps cannot be, matched by even our largest national media outlets.” He notes that even conservative news outlets such as the National Review have relied on FDL’s “liveblogging” of the trial for their reporting. [Salon, 2/15/2007] Shortly before the article comes out, Wheeler posts: “[T]he importance of having this story be told from a blogger’s perspective… is because there is so much about it the mainstream media cannot comfortably report. This story strikes at the core reasons why there are bloggers, why so many readers and writers have decided to invest their time in citizen driven media.” [Marcy Wheeler, 2/8/2007]
Presiding Judge Treats Bloggers as Professionals - Smith writes: “For the record, Judge Walton’s entire staff and all the folks at the courthouse have been wonderful throughout the entire process. From the first day forward, our whole team of bloggers were treated like every other professional covering the case—there was no distinction made, no patronizing attitude, just the same treatment for all of us. The amount of work that has gone into covering this case has been astronomical—the live blogging, the courtroom observations, the late night analysis, all the IMs [instant messages] and phone calls to cross-check details—you name it. But so worth it, still, to get the entire story out and not just blurbs and bits. And I cannot thank Judge Walton and his staff enough for giving us this opportunity. Truly.”
Error in Reporting Corrected - Smith corrects an error in Shane’s reporting, noting that the Media Bloggers Association did not negotiate their media passes to gain admittance to the courtroom; that was done largely by Hamsher and the other FDL contributors, with assistance from author and fellow blogger Arianna Huffington. [Christy Hardin Smith, 2/15/2007]

Entity Tags: Bush administration (43), American Thinker, Robert Cox, Scott Shane, Sheldon Snook, Arianna Huffington, New York Times, “Swopa”, “eRiposte”, National Review, Reggie B. Walton, Marcy Wheeler, Media Bloggers Association, FireDogLake, Gene Borio, Glenn Greenwald, Christy Hardin Smith, Jeralyn Merritt, Karl C. Rove, Lewis (“Scooter”) Libby, Jane Hamsher

Timeline Tags: Niger Uranium and Plame Outing

Accuracy in Media logo.Accuracy in Media logo. [Source: Accuracy in Media] (click image to enlarge)Roger Aronoff writes a press release about the Lewis Libby trial for the conservative media watchdog organization Accuracy in Media (AIM). Aronoff agrees with the defense’s decision not to allow Libby or Vice President Dick Cheney to testify (see February 13-14, 2007), calling the prosecution’s case “surprisingly thin” and noting that the defense’s goal is to get Libby acquitted, “not put on a show for [MSNBC news pundits] Keith Olbermann, Chris Matthews, and the left-wing blogs.” Aronoff castigates the mainstream news media for being too aggressive in reporting on the Valerie Plame Wilson identity leak and the accusations of White House involvement, saying instead that the media was not only sloppy and imprecise in its reporting, but it should have been far more willing to present the government’s assertions that it was merely defending itself against unfounded allegations by “left-wing” war critic Joseph Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). Aronoff accepts the defense’s argument that Libby knew of Plame Wilson’s identity from Cheney, forgot it, and “relearned it” from NBC reporter Tim Russert, thereby rendering charges that he perjured himself in his FBI and grand jury testimonies groundless (see February 6, 2007). Aronoff attacks the journalists who testified about their contacts with Libby, and saves his heaviest criticisms for Russert, whom he says was “embarrassed” by what Aronoff says was the destruction of his credibility during cross-examination (see February 7-8, 2007). Aronoff concludes that special counsel Patrick Fitzgerald “scapegoated” Libby because of Fitzgerald’s inability to bring charges against anyone for the actual leak of Plame Wilson’s identity, and expects Libby to be either acquitted or the jury to “hang,” causing a mistrial. But the trial was really about giving “left-wing” media critics such as Matthews “a vehicle to once again claim that the war was based on lies and misrepresentations. This trial was to be their chance to further undermine the Bush administration.” [Accuracy in Media, 2/16/2007]

Entity Tags: Patrick J. Fitzgerald, Bush administration (43), Accuracy in Media, Chris Matthews, Lewis (“Scooter”) Libby, Joseph C. Wilson, Roger Aronoff, Keith Olbermann, Richard (“Dick”) Cheney, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

Former CIA agent Larry Johnson, who trained with outed CIA agent Valerie Plame Wilson (see July 14, 2003), pens an angry rebuttal of former Justice Department official Victoria Toensing’s critique of the Plame Wilson identity leak investigation (see February 18, 2007). Johnson accuses Toensing of “plumbing new depths of delusion and crazed fantasies,” notes that her op-ed should have been titled “I Am Ignorant of Basic Facts,” and excoriates the Washington Post for printing it. Johnson directly refutes two of Toensing’s strongest rejoinders: Plame Wilson was not a covert agent and Joseph Wilson misled the public about his trip to Niger, his report on his findings, and his public discussions of his wife’s CIA status. [Huffington Post, 2/18/2007] In 2007, Plame Wilson will add, “Toensing apparently hadn’t been following the trial very closely, or else she would have known that each of her ‘charges’ had been refuted in ample documentary and witness testimony.” [Wilson, 2007, pp. 292]
Plame Wilson's Covert Status - Johnson writes: “Valerie Plame was undercover until the day she was identified in Robert Novak’s column. I entered on duty with Valerie in September of 1985. Every single member of our class—which was comprised of case officers, analysts, scientists, and admin folks—were undercover. I was an analyst and Valerie was a case officer. Case officers work in the Directorate of Operations and work overseas recruiting spies and running clandestine operations. Although Valerie started out working under ‘official cover’—i.e., she declared she worked for the US government but in something innocuous, like the State Department—she later became a NOC aka non official cover officer. A NOC has no declared relationship with the United States government. These simple facts apparently are too complicated for someone of Ms. Toensing’s limited intellectual abilities.” Johnson also notes that he and his fellow CIA veterans Jim Marcinkowski, Brent Cavan, and Mike Grimaldi, accompanied by another CIA veteran who declined to be identified, appeared on ABC News in 2003 and verified Plame Wilson’s covert status (see October 22-24, 2003). And the facts introduced into evidence in the Libby trial show that at least four White House officials—Lewis “Scooter” Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003), Karl Rove (see July 8, 2003 and 11:00 a.m. July 11, 2003), Ari Fleischer (see July 7, 2003), and Richard Armitage (see June 13, 2003 and July 8, 2003)—told journalists that Plame Wilson was a CIA agent. The result was not only Plame Wilson’s exposure as a former NOC agent but the exposure of her NOC cover company, Brewster Jennings (see October 3, 2003). Johnson writes, “That leak by the Bush administration ruined Valerie’s ability to continue working as a case officer and destroyed an international intelligence network.” [Huffington Post, 2/18/2007] Plame Wilson will dismiss Toensing’s claim about her covert status as “dead wrong,” and ask a simple question: since Toensing is not a CIA employee herself, how does she know what Plame Wilson’s status was? [Wilson, 2007, pp. 292]
Joseph Wilson - Johnson notes that Toensing alleges an array of impropriety on Joseph Wilson’s part. Johnson counters that Toensing suffers from an apparent “reading disability.” The facts are plain: Vice President Dick Cheney asked his CIA briefer for information on the Iraq-Niger uranium claim in early February 2002 (see 2002-Early 2003 and (February 13, 2002)), and the CIA asked Wilson to investigate the matter a week later (see Shortly after February 13, 2002). Johnson writes: “Joe was a natural choice for the job. He had headed up the Africa desk at the National Security Council, he had served as an ambassador in West Africa, and had saved American lives from Saddam [Hussein] during the first Gulf War (see August 6, 1990 and September 20, 1990). He was not chosen by his wife, Valerie Plame. She only wrote a memo, at the behest of her boss in the Counterproliferation Divison of the Directorate of Operations, identifying Joe’s qualifications (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). And she was asked to inform her husband about the CIA’s interest in him going to Niger to help answer a request from Vice President Cheney, who wanted to know if there was any truth to reports that Iraq was seeking uranium in Niger.… Valerie was not in the room when the decision was made nor was she in an administrative position with the clout to send her husband on such a mission.” This set of facts was confirmed by a memo from the State Department’s Bureau of Intelligence and Research (INR—see June 10, 2003) introduced during the trial. Johnson writes: “Too bad Ms. Toensing did not take time to read the CIA report produced from Mr. Wilson’s trip. He made it very clear in that report that Iraq had not purchased or negotiated the purchase of uranium.” [Huffington Post, 2/18/2007]
Limitations of IIPA - Plame Wilson will write of the Intelligence Identities Protection Act (IIPA), which Toensing helped negotiate in 1982, “If anything, her rantings pointed out the shortcomings of the bill she helped author—that is, the difficulty of prosecuting someone who had violated the law and passed along the covert identity of an operations officer to someone who did not have a security clearance.” Whether such an officer is currently overseas when their cover is blown is irrelevant, Plame Wilson will note; “[w]e use such things as alias passports, disguises, and other tradecraft secrets to do this. It’s called clandestine operations. Just as a general is still a general whether he or she is in the field or serving at the Pentagon, an operations officer by definition has responsibilities that don’t vanish depending on location.” [Wilson, 2007, pp. 292]
Jury Tampering? - Johnson writes that Toensing’s op-ed is so obviously another attempt to defend Libby, Cheney, and other White House officials, and to smear prosecutor Patrick Fitzgerald’s and the Wilsons’ credibility, that it can legitimately be considered an attempt at jury tampering—an attempt to influence the jury deciding Libby’s guilt or innocence. Johnson asks: “Just days before the Libby jury retires to consider a verdict, why was Toensing allowed to publish an article rife with lies and misstated facts? Why does the paper that played a key role in exposing the tyranny of Richard Nixon now allow this shallow woman to smear prosecutor Patrick Fitzgerald?”
Public Service - According to Johnson, Fitzgerald has performed a public service in exposing the lies of Cheney, Libby, and others in the White House. “Cheney and Libby feared what the American people might do if they discovered they had been lied to about the case for war in Iraq. Now there is no doubt. They did lie and these lies have been exposed. Unfortunately, the Victoria Toensings of the world seem hell bent on perpetuating the lies and living in the delusional world that it is okay to out an undercover CIA officer during a time of war. While Toensing has the right to be wrong, we ought to ask why a paper with the reputation of the Washington Post is lowering its journalistic standards, ignoring ethics, and enabling the spread of lies. I think the owner of the Washington Post has some ‘splaining’ to do.” [Huffington Post, 2/18/2007]

Entity Tags: Intelligence Identities Protection Act, Washington Post, Counterproliferation Division, Bureau of Intelligence and Research, Brewster Jennings, Brent Cavan, Ari Fleischer, Victoria Toensing, Valerie Plame Wilson, Richard Armitage, Bush administration (43), Lewis (“Scooter”) Libby, Larry C. Johnson, Karl C. Rove, Mike Grimaldi, Jim Marcinkowski, Joseph C. Wilson, Richard (“Dick”) Cheney, Robert Novak, Patrick J. Fitzgerald

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

Lead prosecutor Patrick Fitzgerald delivers the rebuttal to the defense’s closing argument (see 11:00 a.m. February 20, 2007) in the final stage of the Lewis Libby perjury trial. Fitzgerald is transformed in his rebuttal, from the dispassionate, methodical presence he has displayed throughout the trial into a figure of outrage and scorn. He virtually leaps from his seat to rebut the defense’s argument, shouting: “Madness! Madness! Outrageous!” Tightening up somewhat, he tells the jury that in the defense’s characterization, “The government has brought a case about two witnesses, two phone calls. And they just want you to speculate. The defense wishes that were so. Saying it loudly, pounding the table, doesn’t change the facts. Let’s talk about the facts. Let’s get busy.” [Marcy Wheeler, 2/20/2007; Salon, 2/22/2007] Progressive blogger Jane Hamsher, who is present in the courtroom, describes Fitzgerald’s rebuttal as “lacerating and precise, speaking so quickly that the court reporter couldn’t catch up. His command of the material was a bit daunting, able to recall voluminous evidentiary document numbers simply by looking at some chart in his own brain.” [Wilson, 2007, pp. 293; Marcy Wheeler, 2/20/2007]
Nine Versus One - The case is anything but a “he said, she said” situation, as defense attorney Theodore Wells characterized it during his portion of the closing argument. It is, Fitzgerald says, about nine different people having one version of events, and Libby alone with a markedly different version. Fitzgerald focuses on NBC reporter Tim Russert, whom the defense spent a lavish amount of time and attention attempting to discredit. Instead of Russert being such an impeachable witness, Fitzgerald says, “I’ll tell you that Russert alone can give you proof beyond reasonable doubt.” And even without Russert’s testimony, there is plenty of evidence to convict Libby of perjury and obstruction. Fitzgerald refutes Wells’s contention that all of the prosecution witnesses had faulty memories, telling the jury: “I submit you can’t believe that nine witnesses remembered 10 conversations exactly the same wrong way.… It’s not one on one. It’s not, ‘He said, she said.’ Nine witnesses can’t all misremember.” He addresses the defense’s contention that Valerie Plame Wilson was not important, calling that characterization a “myth” and stating that to the Bush administration, “she wasn’t a person, she was an argument, she was a fact to use against [her husband Joseph] Wilson.” Fitzgerald quickly runs through the prosecution’s structure of events as laid down by its current and former administration witnesses and even some defense witnesses. The documents entered into evidence corroborate the prosecution’s contention that to Libby and his boss Vice President Dick Cheney, both Wilson and Plame Wilson were “hugely important.” Libby was “wrapped around the issue of who told him. He’s wrapped himself around the issue of Valerie Wilson.” [Marcy Wheeler, 2/20/2007]
'Cloud over the Vice President' - Fitzgerald focuses on Cheney, saying: “There is a cloud over the vice president. He wrote on those columns. He had those meetings. He sent Libby off to the meeting with Judith Miller where Plame was discussed. That cloud remains because the defendant obstructed justice. That cloud is there. That cloud is something that we just can’t pretend isn’t there.” Libby was “not supposed to be talking to other people,” Fitzgerald says. “The only person he told is the vice president.… Think about that.” [Marcy Wheeler, 2/20/2007; Salon, 2/22/2007; Murray Waas, 12/23/2008] Plame Wilson will later write, “He suggested that [Cheney] was, at a minimum, complicit with Libby in the leak of my name.” [Wilson, 2007, pp. 293]
Defense Objection - Fitzgerald lists example after example of Libby’s memory being far better than the defense describes. In the process, he tells the jury that Libby must have known Plame Wilson’s role at the CIA was important, and therefore something he was unlikely to forget, because he was “discussing something with people that could lead to people being killed.… If someone is outed, people can get in trouble overseas. They can get arrested, tortured, or killed.” Fitzgerald’s implication is clear: Plame Wilson was a covert agent. The defense objects, citing Judge Reggie Walton’s ruling that neither the prosecution nor defense will refer to Plame Wilson’s covert status. Fitzgerald tells the jurors they should think about the “people being killed” scenario to understand Libby’s “state of mind,” but they should not draw any conclusions about “whether it’s true or false.” [Marcy Wheeler, 2/20/2007; National Review, 2/21/2007; New York Sun, 2/21/2007]
No Conspiracy, Just Lies - The things Libby remembered best were the things we all remember best, Fitzgerald says: items that are unique, items that are important, and items that make you angry. The Plame Wilson identity issue, he says, was all three to Libby. His memory did not let him down. Instead, Fitzgerald says, Libby lied under oath. “He made his bet, planted his feet, and stuck. From then on he told the same story.” There is no conspiracy to scapegoat Libby, he reiterates (see January 23, 2007). There is just Libby, lying to protect his job and his freedom from imprisonment. “You know you’re not surprised on Thursday, if you gave it out Monday and Tuesday, you weren’t surprised.”
Conclusion - “Don’t you think the American people are entitled to answers?” Fitzgerald asks. “Don’t you think the FBI deserves straight answers?… He threw sand in the eyes of the FBI. He stole the truth of the judicial system. You return a verdict of guilty and you give the truth back.” [Marcy Wheeler, 2/20/2007]
Judge Instructs Jury on Fitzgerald's Argument - After Fitzgerald concludes, Walton tells the jury: “I’m going to give you another cautionary. The truth of whether someone could be harmed based upon the disclosure of people working in a covert capacity is not at issue in this case. Remember what I have told you several times. Mr. Libby is not charged with leaking classified information.” Walton is referring to Fitzgerald’s implication that Plame Wilson was a covert CIA official. Walton dismisses the jurors for the day, and tells them that tomorrow they begin their deliberations. [Marcy Wheeler, 2/20/2007; National Review, 2/21/2007]

Entity Tags: Joseph C. Wilson, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, Judith Miller, Valerie Plame Wilson, Jane Hamsher, Theodore Wells, Reggie B. Walton, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

Jurors begin deliberating in the trial of Lewis “Scooter” Libby (see January 16-23, 2007). In an hour of jury instructions, Judge Reggie Walton tells the jury to focus on the specific charges of perjury and obstruction of justice, and “not to let the nature of the case” affect its deliberations. The jury will deliberate every weekday from 9 a.m. to 5 p.m., with an hour for lunch, until it has reached a verdict. [MSNBC, 2/21/2007; Marcy Wheeler, 2/21/2007; BBC, 7/3/2007] The proceedings begin with a query about a juror’s impartiality towards a lawyer from the firm of Baker Botts, who appeared yesterday with the defense team for closing arguments. Walton determines that no issue exists and turns to jury instructions. [Marcy Wheeler, 2/21/2007] Warning the jury to “follow the law” and not “question the law,” Walton explains that Libby is presumed innocent unless the jury finds him guilty beyond a reasonable doubt, “then you must find guilty.” He walks the jury through each of the charges, and explains how the jury can find verdicts:
bullet On the single obstruction count, the jury can find Libby guilty if it unanimously decides that any one, or more, of three Libby statements are lies: that NBC reporter Tim Russert asked Libby if Valerie Plame Wilson worked at the CIA and said all the reporters knew it (see July 10 or 11, 2003), that Libby was surprised to learn the Plame Wilson information from Russert, and that Libby told reporter Matthew Cooper he’d heard it from reporters but didn’t know it was true.
bullet On one count of lying to the FBI (see October 14, 2003 and November 26, 2003), the jury can find Libby guilty if it finds either or both of his statements about the Russert conversation were lies.
bullet On the other count of lying to the FBI, the jury can find Libby guilty if it decides that Libby lied about the content of his conversation with reporter Matt Cooper (see 2:24 p.m. July 12, 2003).
bullet On two counts of perjury, the jury will have to weigh a number of statements Libby made to the grand jury (see March 5, 2004 and March 24, 2004) about how he learned of Plame Wilson’s CIA employment and whom he told, including four separate statements in one count. [Associated Press, 2/21/2007; Marcy Wheeler, 2/21/2007]
Because of the lengthy instructions from Walton, the jury deliberates less than five hours today. [CBS News, 1/25/2007] The Associated Press reports the jury makeup as “a former Washington Post reporter, an MIT-trained economist, a retired math teacher, a former museum curator (see February 14, 2007), a law firm accountant, a Web architect, and several retired or current federal workers. There are 10 whites and two blacks—unexpected in a city where blacks outnumber whites more than 2-to-1.” [Associated Press, 2/21/2007]

Entity Tags: Central Intelligence Agency, Matthew Cooper, Baker Botts, Tim Russert, Reggie B. Walton, Valerie Plame Wilson, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Craig Unger.Craig Unger. [Source: David Shankbone/Public Domain]Author and journalist Craig Unger writes that the 1996 Institute for Advanced Strategic and Political Studies policy paper, “A Clean Break: A New Strategy for Securing the Realm” (see July 8, 1996), was “the kernel of a breathtakingly radical vision for a new Middle East. By waging wars against Iraq, Syria, and Lebanon, the paper asserted, Israel and the US could stabilize the region. Later, the neoconservatives argued that this policy could democratize the Middle East.” Unger’s thoughts are echoed by neoconservative Meyrav Wurmser, an Israeli-American policy expert who co-signed the paper with her husband, David Wurmser, now a top Middle East adviser to Vice President Dick Cheney. Mrs. Wurmser (see March 2007) calls the policy paper “the seeds of a new vision.” While many of the paper’s authors eventually became powerful advisers and officials within the Bush administration, and implemented the policies advocated in the paper in the invasion and occupation of Iraq, the paper’s focus on Iran has been somewhat less noticed. Former Israeli prime minister Benjamin Netanyahu, for whom the paper was written, has observed, “The most dangerous of these regimes [Iran, Syria, and Iraq] is Iran.” Unger writes, “Ten years later, ‘A Clean Break’ looks like nothing less than a playbook for US-Israeli foreign policy during the Bush-Cheney era. Many of the initiatives outlined in the paper have been implemented—removing Saddam [Hussein] from power, setting aside the ‘land for peace’ formula to resolve the Israeli-Palestinian conflict, attacking Hezbollah in Lebanon—all with disastrous results.” [Vanity Fair, 3/2007]

Entity Tags: Richard (“Dick”) Cheney, David Wurmser, Craig Unger, Saddam Hussein, Bush administration (43), Hezbollah, Meyrav Wurmser, Benjamin Netanyahu, Institute for Advanced Strategic and Political Studies

Timeline Tags: Events Leading to Iraq Invasion, US International Relations, Iraq under US Occupation, Neoconservative Influence

The jury in the Lewis Libby trial is dismissed three hours early to take care of personal, professional, and medical needs (see March 1, 2007). The jury deliberates less than five hours. [CBS News, 1/25/2007] It also requests clarification on its evaluation of the Libby grand jury transcripts (see March 5, 2004 and March 24, 2004), and further explanation of the term “reasonable doubt” as it would pertain to Libby’s claims of a faulty memory. The jury sends a question to Judge Reggie Walton pertaining to the issue of specificity concerning statements made by Libby to reporter Matthew Cooper in 2003 (see 2:24 p.m. July 12, 2003). This is the second time it has asked for clarification on an issue surrounding the Libby-Cooper conversation (see February 27-28, 2007). The jury’s note to Walton reads, “As count 1 statement 3 (pages 63 & 64) do not contain quotes, are we supposed to evaluate the entire Libby transcripts (testimony) or would the court direct us to specific pages/lines?” The second note reads: “We would like clarification of the term ‘reasonable doubt.’ Specifically, is it necessary for the government to present evidence that it is not humanly possible for someone not to recall an event in order to find guilt beyond reasonable doubt?” According to the National Review, Walton instructed the jury on “reasonable doubt” thusly: “The government has the burden of proving the defendant guilty beyond a reasonable doubt.… Reasonable doubt, as the name implies, is a doubt based on reason—a doubt for which you have a reason based upon the evidence or lack of evidence in the case. If, after careful, honest, and impartial consideration of all the evidence, you cannot say that you are firmly convinced of the defendant’s guilt, then you have a reasonable doubt.” [US District Court for the District of Columbia, 3/2/2007 pdf file; Christy Hardin Smith, 3/2/2007; National Review, 3/5/2007] Former federal prosecutor Andy McCarthy, now a National Review columnist, says: “It’s really a very commonsense concept. If you’re down to parsing it, it’s almost like you’re dealing with a jury that is asking why is the sky blue.” McCarthy says the note may well reflect the confusion and concerns of one or two jurors, rather than the entire panel. “A lot of times when you get notes,” he says, “you think the notes are an indication of where the jury is, and in fact they are an indication of where one or two jurors are. That would suggest that whoever is interested in that is not being led astray by some strange element of federal law, is not being led astray by the nullification defense, but has gotten themselves hung up in the epistemological aspect of not only trials, but of life. How do I know what I know? When you have people who are hung up on that, when they start to break down things that are commonsense elemental things, that is a very bad sign in terms of getting the case resolved.” [National Review, 3/5/2007] Former prosecutor Christy Hardin Smith, writing for the progressive blog FireDogLake, observes that queries about reasonable doubt are common among jurors, and it’s counterproductive to read too much into them. “[M]ost criminal juries get to it eventually,” she writes. [Christy Hardin Smith, 3/2/2007]

Entity Tags: Reggie B. Walton, Matthew Cooper, Christy Hardin Smith, Andy McCarthy

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton, presiding over the Libby perjury trial, responds to the jury’s request for additional explanation of the term “reasonable doubt” as it pertains to defendant Lewis Libby’s claims of faulty memory leading him to lie to a grand jury (see March 2, 2007). Walton responds that he has given the jury as clear an explanation of the term as he can, and advises the jurors to reread the jury instructions. [US District Court for the District of Columbia, 3/5/2007 pdf file] The lawyers engage in a brief debate with Walton, with the jury out of the courtroom, indicating that the jury’s questions relate to the charge that Libby lied to the FBI about a telephone conversation he had with reporter Matthew Cooper concerning CIA official Valerie Plame Wilson (see 2:24 p.m. July 12, 2003). The jury asks Walton if it can use Libby’s 2004 grand jury testimony in determining Libby’s “state of mind” (see March 5, 2004 and March 24, 2004). Prosecutor Patrick Fitzgerald says Walton should answer “yes” insomuch as all the evidence in the case helped establish Libby’s state of mind. Libby’s lawyers disagree, saying the grand jury testimony could not be proof of the earlier statement, referring to Libby’s revelation to Cooper that Plame Wilson was a CIA official. Walton agrees with both arguments, and says his instructions to the jury will have to be carefully crafted. [Associated Press, 3/5/2007; Marcy Wheeler, 3/5/2007; Marcy Wheeler, 3/5/2007; Marcy Wheeler, 3/5/2007] Towards the end of the day, Walton and the lawyers engage in a rather abstruse discussion of the legalities surrounding the charges and the jury’s probable verdict. [Marcy Wheeler, 3/5/2007; Marcy Wheeler, 3/5/2007]

Entity Tags: Matthew Cooper, Federal Bureau of Investigation, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Reggie B. Walton

Timeline Tags: Niger Uranium and Plame Outing

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

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

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

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

Timeline Tags: Domestic Propaganda, 2001 Anthrax Attacks

The British government embellished intelligence used to justify the decision to invade Iraq in 2003, according to Hans Blix, the former UN chief weapons inspector. Blix, who led the UN search for weapons of mass destruction in Iraq until June 2003, says a later discredited dossier on Iraq’s weapons programs had deliberately embellished the case for war. Tony Blair’s government published a dossier before the invasion that claimed Saddam Hussein had stockpiles of chemical and biological weapons and could deploy some within 45 minutes, but the dossier turned out to be riddled with errors and deliberate falsehoods. Blix says, "I do think they exercised spin. They put exclamation marks instead of question marks." Blix says that as a result, Blair and Bush had "lost a lot of confidence" once failures in intelligence were exposed. Britain’s dossier on Iraq’s supposed possession of weapons of mass destruction was criticized by a 2004 official British inquiry into intelligence on Iraq. Though the inquiry’s head, Lord Butler, did not fault Blair’s government, he criticized intelligence officials for relying in part on “seriously flawed” or "unreliable" sources. Butler’s review concluded that the dossier, which helped Blair win the support of Parliament to join the US in the conflict, had pushed the government’s case to the limits of available intelligence and left out vital caveats. Blix says that if UN inspectors had been allowed to carry out inspections "a couple of months more," intelligence officials would likely have drawn the eventual conclusion that Iraq had no weapons stockpiles and that their sources were providing poor quality information. [Associated Press, 3/12/2007]

Entity Tags: Tony Blair, Hans Blix, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

Valerie Plame Wilson testifies before the House Oversight Committee.Valerie Plame Wilson testifies before the House Oversight Committee. [Source: Life]The House Oversight Committee holds a hearing about the ramifications of the Lewis Libby guilty verdict (see March 6, 2007) and the outing of former covert CIA agent Valerie Plame Wilson (see July 14, 2003). Plame Wilson is the star witness, and for the first time publicly discusses the leak and her former status as a covert agent. As earlier revealed by authors Michael Isikoff and David Corn in their book Hubris, Plame Wilson was the covert operations chief for the Joint Task Force on Iraq (JTFI), a section of the CIA’s Counterproliferation Division (CPD), which itself is part of the agency’s clandestine operations directorate. Indeed, as Libby special prosecutor Patrick Fitzgerald has already stated, the fact of her employment with the CIA was itself classified information (see October 28, 2005). [Wilson, 2007, pp. 299; Think Progress, 3/16/2007; Nation, 3/19/2007]
Republican Attempts to Close Hearing Fail - Tom Davis (R-VA), the committee’s ranking Republican, attempts to close Plame Wilson’s testimony to the public on the grounds that her statements might threaten national security. “It would be with great reluctance, but we have to protect confidential information,” he says. Politico reporter John Bresnahan describes Davis as “clearly unhappy that the hearing is taking place at all, so his threat has to be viewed in that context.” Davis goes on to say: “We are mining something that has been thoroughly looked into. There are so many other areas where [Congressional] oversight needs to be conducted instead of the Plame thing.” The hearing will remain open to the public. [Politico, 3/14/2007]
Pre-Testimony Jitters - In her book Fair Game, Plame Wilson recalls the jitters she experiences in the hours leading up to her appearance before the committee. She had tried, in the days before the hearing, “to think of every possible question the committee could throw at me.… I had to be sharp to avoid giving any information that the CIA would deem sensitive or classified. It was a minefield.” She is relieved to learn that CIA Director Michael Hayden has met with committee staffers and, she will write, “explicitly approved the use of the term ‘covert’ in describing my cover status.” She will write that though she still cannot confirm the length of her service with the CIA, she can “at least counter those who had suggested over the last few years that I was no more than a ‘glorified secretary’” (see Fall 1985, Fall 1989, Fall 1992 - 1996, and April 2001 and After). [Wilson, 2007, pp. 299]
CIA Confirmed Plame Wilson's Covert Status - Before Plame Wilson testifies, committee chairman Henry Waxman (D-CA) reads a statement saying that she had been a “covert” officer” who had “served at various times overseas” and “worked on the prevention of the development and use of weapons of mass destruction against the United States.” Waxman notes that the CIA had cleared this statement. And during subsequent questioning, committee member Elijah Cummings (D-MD) reports that Hayden had told him, “Ms. Wilson was covert.” [Nation, 3/16/2007; Think Progress, 3/16/2007; FireDogLake, 3/16/2007; Christy Hardin Smith, 3/16/2007]
Confirms Her Status in CPD - Plame Wilson testifies that she is still bound by secrecy oaths and cannot reveal many of the specifics of her CIA career. However, she testifies, “I served the United States of America loyally and to the best of my ability as a covert operations officer for the Central Intelligence Agency.” She says, “In the run-up to the war with Iraq, I worked in the Counterproliferation Division of the CIA, still as a covert officer whose affiliation with the CIA was classified.” She also notes that she helped to “manage and run secret worldwide operations.” Prior to the Iraq war, she testifies, she had “raced to discover intelligence” on Iraq’s weapons of mass destruction. “While I helped to manage and run secret worldwide operations against this WMD target from CIA headquarters in Washington, I also traveled to foreign countries on secret missions to find vital intelligence.” Those trips had occurred within the last five years, she says, contradicting arguments that she had not functioned as a covert agent within the last five years and therefore those who revealed her identity could not be held legally accountable (see February 18, 2007). “Covert operations officers, when they rotate back for temporary assignment in Washington, are still covert,” she says. Furthermore, far from her identity as a CIA agent being “common knowledge on the Georgetown cocktail circuit,” as some have alleged (see September 30, 2003, July 12, 2004, and March 16, 2007), she testifies that she can “count on one hand” the number of people outside the agency who knew of her CIA status before her outing by White House officials. “But, all of my efforts on behalf of the national security of the United States, all of my training, and all of the value of my years service were abruptly ended when my name and identity were exposed irresponsibly.” [Wilson, 2007, pp. 300-302; Nation, 3/16/2007; Mother Jones, 3/16/2007] During this portion of testimony, Davis repeats an assertion that neither President Bush nor Vice President Dick Cheney were aware of Plame Wilson’s covert status during the time of her exposure. [FireDogLake, 3/16/2007]
'They Should Have Been Diligent in Protecting Me and Other CIA Officers' - Plame Wilson testifies that, as the Libby trial progressed, she was “shocked and dismayed by the evidence that emerged. My name and identity were carelessly and recklessly abused by senior government officials in both the White House and the State Department. All of them understood that I worked for the CIA, and having signed oaths to protect national security secrets, they should have been diligent in protecting me and every CIA officer.” Many agents in CPD are covert, she says, and thusly, officials such as Cheney and Libby, who knew she worked in that division, should have been careful in spreading information about her.
'Grave' Damage to National Security - Plame Wilson says she cannot be specific about what kind of damage was done by her identity being revealed (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); the CIA did perform a damage assessment, but did not share the results with her, and that assessment is classified (see Before September 16, 2003). “But the concept is obvious,” she says. “Not only have breaches of national security endangered CIA officers, it has jeopardized and even destroyed entire networks of foreign agents who in turn risked their own lives and those of their families—to provide the United States with needed intelligence. Lives are literally at stake. Every single one of my former CIA colleagues, from my fellow covert officers, to analysts, to technical operations officers, to even the secretaries, understands the vulnerability of our officers and recognizes that the travesty of what happened to me, could happen to them. We in the CIA always know that we might be exposed and threatened by foreign enemies. It was a terrible irony that administration officials were the ones who destroyed my cover… for purely political motives.” [Wilson, 2007, pp. 300-302; Nation, 3/16/2007] She refuses to speculate as to the intentions of White House deputy chief of staff Karl Rove in exposing her identity (see July 10, 2005). [FireDogLake, 3/16/2007]
Politicization of Intelligence Dangerous, Counterproductive - Plame Wilson decries the increasingly partisan politicization of intelligence gathering and presentation under the Bush regime, saying: “The tradecraft of intelligence is not a product of speculation. I feel passionately as an intelligence professional about the creeping, insidious politicizing of our intelligence process. All intelligence professionals are dedicated to the ideal that they would rather be fired on the spot than distort the facts to fit a political view—any political view—or any ideology.… [I]njecting partisanship or ideology into the equation makes effective and accurate intelligence that much more difficult to develop. Politics and ideology must be stripped completely from our intelligence services, or the consequences will be even more severe than they have been and our country placed in even greater danger. It is imperative for any president to be able to make decisions based on intelligence that is unbiased.” [Wilson, 2007, pp. 300-302; Nation, 3/16/2007]
No Role in Deciding to Send Husband to Niger - Plame Wilson discusses the persistent rumors that she dispatched her husband, former ambassador Joseph Wilson, to Niger to investigate claims that Iraq had attempted to purchase uranium from that country (see February 21, 2002-March 4, 2002). Such rumors imply that Wilson was unqualified for the mission, and was sent by his wife for reasons having to do with partisan politics and nepotism (see July 9, 2004). Plame Wilson testifies that she had no authority to send her husband anywhere under CIA auspices, that it was a co-worker’s suggestion, not hers, to send her husband (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005), and that her participation was limited to writing a note outlining her husband’s qualifications for such a fact-finding mission (see Fall 1999 and February 13, 2002). She testifies that a colleague had been misquoted in an earlier Senate Intelligence Committee report in saying that she proposed her husband for the trip, and that this colleague was not permitted to correct the record. [FireDogLake, 3/16/2007; Nation, 3/16/2007; Nation, 3/19/2007]
Further Investigation Warranted - After Plame Wilson concludes her testimony, Waxman declares: “We need an investigation. This is not about Scooter Libby and not just about Valerie Plame Wilson.” Journalist David Corn concurs: “Waxman was right in that the Libby trial did not answer all the questions about the leak affair, especially those about the roles of Bush administration officials other than Libby. How did Cheney learn of Valerie Wilson’s employment at the Counterproliferation Division and what did he do with that information? How did Karl Rove learn of her CIA connection? How did Rove manage to keep his job after the White House declared anyone involved in the leak would be fired?… What did Bush know about Cheney’s and Rove’s actions? What did Bush do in response to the disclosure that Rove had leaked and had falsely claimed to White House press secretary Scott McClellan that he wasn’t involved in the leak?” Republican committee members are less sanguine about the prospect of such an investigation, with Davis noting that special prosecutor Patrick Fitzgerald had already conducted an investigation of the leak. Corn writes: “Not all wrongdoing in Washington is criminal. Valerie Wilson’s presence at the hearing was a reminder that White House officials (beyond Libby) engaged in improper conduct (which possibly threatened national security) and lied about it—while their comrades in the commentariat spinned away to distort the public debate.” [Nation, 3/16/2007; Nation, 3/19/2007]

Entity Tags: Central Intelligence Agency, House Committee on Oversight and Government Reform, Joint Task Force on Iraq, David Corn, George W. Bush, Henry A. Waxman, Elijah Cummings, Valerie Plame Wilson, Counterproliferation Division, Scott McClellan, Lewis (“Scooter”) Libby, Karl C. Rove, Tom Davis, Michael Hayden, Joseph C. Wilson, John Bresnahan, Richard (“Dick”) Cheney, Michael Isikoff, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Cofer Black, former chief of the CIA’s Counterterrorist Center, is named a senior adviser for counterterrorism and national security issues in the presidential campaign of Republican Mitt Romney. Black will also be named chairman of the campaign’s counterterrorism policy advisory group in September. According to the Boston Globe, “some observers” will say that Black has significant influence on Romney’s campaign, as Romney says he wants to double the size of Guantanamo Bay, endorses tough interrogation techniques, praises the Patriot Act, and supports some aggressive surveillance policies. According to the Globe, “many people in the national security field expect that Black would play a leading role in a Romney presidency, making Black a potentially pivotal figure for a former governor with little foreign policy and counterterrorism experience.” [Boston Globe, 11/2/2007]

Entity Tags: Cofer Black, Willard Mitt Romney

Timeline Tags: Misc Entries

Jack Kemp.Jack Kemp. [Source: Los Angeles Times]Former representative and Republican vice-presidential candidate Jack Kemp (R-NY) recommends that President Bush pardon convicted felon Lewis Libby (see March 6, 2007). Kemp’s column, printed in the conservative Web publication Town Hall, is not as vociferous in its condemnation of the Libby perjury trial and special counsel Patrick Fitzgerald as some published by his conservative colleagues (see March 6, 2007, March 6, 2007, March 7, 2007, March 7, 2007, March 8-9, 2007, March 9, 2007, and March 11, 2007). Kemp begins his column by telling his readers that two jurors in the trial, Ann Redington and Denis Collins, have “endors[ed] a pardon,” quoting Redington from her interview on MSNBC’s Hardball (see March 8, 2007) and Collins from a column by the New York Times’s Maureen Dowd (Collins’s “endorsement” was a tepid “I would really not care” when asked if he would support a pardon for Libby—see March 8, 2007). Kemp writes of a pardon, “It’s the right thing to do and it’s the right thing to do now—anything less makes a travesty of our system of justice.” Kemp echoes his colleagues’ arguments that Fitzgerald prosecuted Libby for political reasons, particularly in an attempt to target Vice President Dick Cheney. He then notes that two previous presidents, George H. W. Bush and Bill Clinton, have pardoned government officials who were targeted by special prosecutors—Bush in his pardon of convicted Iran-Contra conspirator Caspar Weinberger (see December 25, 1992) and Clinton’s pre-emptive pardon of then-CIA Director John Deutch, who was under investigation for mishandling classified information on his home computer. Weinberger was facing the possibility of years of jail time; Deutch was negotiating with prosecutors for a guilty plea to a single misdemeanor charge. Kemp repeats debunked charges that the CIA did not treat Valerie Plame Wilson’s status as either classified or particularly sensitive (see Fall 1992 - 1996, Late 1990s-2001 and Possibly After, April 22, 1999, (July 11, 2003), Before July 14, 2003, July 22, 2003, July 30, 2003, September 30, 2003, October 11, 2003, October 22-24, 2003, January 9, 2006, February 13, 2006, September 6, 2006, and March 16, 2007) and also repeats his colleagues’ charges that the government’s witnesses had no better memories of key events than did Libby. Kemp concludes: “Most prosecutors would walk away from such a case—a case based on a faulty premise and focused on faulty memories months after the fact. President Bush would be well within presidential authority and past presidential practice if he were to rectify this travesty in the near future. My hope is he pardons Libby now!” [Town Hall (.com), 4/3/2007]

Entity Tags: John Deutch, Caspar Weinberger, Ann Redington, Denis Collins, Jack Kemp, Maureen Dowd, George W. Bush, Valerie Plame Wilson, Patrick J. Fitzgerald, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Congress passes a $124 billion supplemental appropriations bill that would provide funds for the continued occupation of Iraq, but require that a majority of the troops be withdrawn by the end of the year. The bill, if signed into law by President Bush, will set a number of benchmarks for the Iraqi government to meet, including the creation of a program to disarm militias, the reduction of sectarian violence, the easement of rules (see May 16, 2003) that purged the government of former Baath Party members, and the implementation of a law that would govern the development of the country’s oil sector (see February 15, 2007). If the Iraqi government fails to meet these requirements, the US would begin pulling out its troops on July 1. If it does meet the benchmarks, the withdrawal would be delayed until October 1, with the pull-out being completed no later than April 1, 2008. Some troops would remain in Iraq to protect US facilities and diplomats, fight US-designated terrorist groups, and train Iraqi security forces. [Washington Post, 4/26/2007; US Congress, 4/26/2007 pdf file] President Bush will veto the bill on May 1. [Washington Post, 4/26/2007]

Entity Tags: US Congress

Timeline Tags: Iraq under US Occupation

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

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

Timeline Tags: Niger Uranium and Plame Outing

Patrick Fitzgerald, who successfully prosecuted former Bush administraton official Lewis Libby for perjury, obstruction of justice, and making false statements (see March 6, 2007), recommends 30 to 37 months in prison for Libby’s jail sentence. In a court filing with Judge Reggie Walton, Fitzgerald notes that the Libby defense called Libby’s prosecution “unwarranted, unjust, and motivated by politics,” and Libby’s supporters (see February 21, 2006) continue to do so.
Libby Chose to Lie - To address this charge, Fitzgerald goes back through the investigation and notes that Libby, a lawyer himself, fully understood his obligations as a government witness. “He, of course, could have told the truth, even if, as was the case for many other witnesses, doing so risked the possibility of criminal prosecution, or personal or political embarrassment,” Fitzgerald writes. “He also could have declined to speak to the FBI agents, invoked his Fifth Amendment rights before the grand jury, or challenged any lines of inquiry he believed improper. And the evidence at trial showed that Mr. Libby had access to counsel and had adequate time to review relevant documents and contemplate his conduct before he testified. Regrettably, Mr. Libby chose the one option that the law prohibited: he lied. He lied repeatedly to FBI agents and in sworn grand jury testimony, and he lied about multiple facts central to an assessment of his role in the disclosure of Ms. Wilson’s CIA employment. He lied about when he learned of [Valerie Plame Wilson’s] CIA employment, about how he learned of her CIA employment, about who he told of her CIA employment, and about what he said when he disclosed it. In short, Mr. Libby lied about nearly everything that mattered.” Libby’s choice to lie, Fitzgerald goes on to note, made it impossible to discover “the role that Mr. Libby and those with whom he worked played in the disclosure of Ms. Wilson’s information regarding CIA employment and about the motivations for their actions.… Mr. Libby’s lies corrupted a truth-seeking process with respect to an important investigation, and on behalf of which many others subordinated important public, professional, and personal interests. To minimize the seriousness of Mr. Libby’s conduct would deprecate the value that the judicial system places on the truthfulness of witnesses, and tempt future witnesses who face similar obligations to tell the truth to question the wisdom and necessity of doing so.” Fitzgerald notes that Libby “has expressed no remorse, no acceptance of responsibility, and no recognition that there is anything he should have done differently—either with respect to his false statements and testimony, or his role in providing reporters with classified information about Ms. Wilson’s affiliation with the CIA.”
Justifies Libby's Prosecution when Other Leakers Not Prosecuted - Fitzgerald counters the arguments that because only Libby, and not all three proven leakers (see October 2, 2003 and February 2004), was prosecuted, his prosecution was somehow invalid. The other leakers, Richard Armitage and Karl Rove, eventually admitted to leaking Plame Wilson’s name to the press. Libby consistently lied about his leaks. “To accept the argument that Mr. Libby’s prosecution is the inappropriate product of an investigation that should have been closed at an early stage,” Fitzgerald writes, “one must accept the proposition that the investigation should have been closed after at least three high-ranking government officials were identified as having disclosed to reporters classified information about covert agent Valerie Wilson, where the account of one of them was directly contradicted by other witnesses, where there was reason to believe that some of the relevant activity may have been coordinated, and where there was an indication from Mr. Libby himself that his disclosures to the press may have been personally sanctioned by the vice president. To state this claim is to refute it. Peremptorily closing this investigation in the face of the information available at its early stages would have been a dereliction of duty, and would have afforded Mr. Libby and others preferential treatment not accorded to ordinary persons implicated in criminal investigations.”
States that Prosecution Knew Plame Wilson Was Covert from Outset - Fitzgerald also says what he was unable to say directly in the trial, that “it was clear from very early in the investigation that Ms. Wilson qualified under the relevant statute… as a covert agent whose identity had been disclosed by public officials, including Mr. Libby, to the press.” Fitzgerald explains that he chose not to charge Libby with outing a covert intelligence agent in part because Libby’s lies, and presumably the obfuscatory and contradictory statements of other Bush administration officials, made it difficult to prove beyond doubt that Libby knew Plame Wilson was a covert agent when he exposed her as a CIA official. “On the other hand, there was clear proof of perjury and obstruction of justice which could be prosecuted in a relatively straightforward trial.”
No Justification for Leniency - “In light of the foregoing,” Fitzgerald writes, “the assertions offered in mitigation are consistent with an effort by Mr. Libby’s supporters to shift blame away from Mr. Libby for his illegal conduct and onto those who investigated and prosecuted Mr. Libby for unexplained ‘political’ reasons (see March 6, 2007, March 6, 2007, March 6, 2007, March 6, 2007, March 7, 2007, March 7, 2007, March 7, 2007, March 8-9, 2007, March 9, 2007, and March 11, 2007). The assertions provide no basis for Mr. Libby to receive a reduced sentence.… While the disappointment of Mr. Libby’s friends and supporters is understandable, it is inappropriate to deride the judicial process as ‘politics at its worst’ on behalf of a defendant who, the evidence has established beyond a reasonable doubt, showed contempt for the judicial process when he obstructed justice by repeatedly lying under oath about material matters in a serious criminal investigation.… Mr. Libby’s prosecution was based not upon politics but upon his own conduct, as well as upon a principle fundamental to preserving our judicial system’s independence from politics: that any witness, whatever his political affiliation, whatever his views on any policy or national issue, whether he works in the White House or drives a truck to earn a living, must tell the truth when he raises his hand and takes an oath in a judicial proceeding or gives a statement to federal law enforcement officers. The judicial system has not corruptly mistreated Mr. Libby; Mr. Libby has been found by a jury of his peers to have corrupted the judicial system.” [US District Court for the District of Columbia, 5/30/2007]
Sentenced to 30 Months in Prison - Libby will be sentenced to 30 months in prison (see June 5, 2007), but will have his sentence commuted before he serves any time (see July 2, 2007).

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

Timeline Tags: Niger Uranium and Plame Outing

Senator Christopher “Kit” Bond.Senator Christopher “Kit” Bond. [Source: Wall Street Journal]Senator Christopher “Kit” Bond (R-MO), the ranking member of the Senate Intelligence Committee, demands that former CIA official Valerie Plame Wilson explain what he calls “differences” in her various accounts of how her husband, Joseph Wilson, was sent to Niger in 2002 to investigate claims that Iraq was attempting to secretly buy uranium from that nation (see February 21, 2002-March 4, 2002 and July 6, 2003). Plame’s differing versions have furthered “misinformation” about the origins of the case that roiled official Washington beginning in July 2003, Bond says. A recently released CIA memo from February 2002 said Plame Wilson “suggested” her husband for the trip. Bond says this is at odds with Plame Wilson’s March 2007 testimony before Congress, where she said a CIA colleague first suggested her husband for the trip (see March 16, 2007). In Bond’s version of events, Plame Wilson has told three different versions of events: in 2003 or 2004, she told the CIA’s Inspector General that she suggested Wilson; in 2004, she told committee staffers that she wasn’t sure if she had suggested Wilson (see July 9, 2004); in her March testimony before the House Oversight and Government Reform Committee, she said that a colleague had first suggested Wilson for the trip. A spokeswoman for Senator John D. Rockefeller (D-WV), the committee chairman, says she is not sure whether Rockefeller is interested in having committee investigators interview Plame Wilson, but Bond says he has asked the CIA for permission to re-interview her. Melanie Sloan, the attorney representing Plame Wilson, says her client has “always been very consistent that she is not the person responsible for sending Joe Wilson” to Africa. Instead, Sloan says, trying to impugn Plame Wilson’s truthfulness is an attempt to draw attention from the “real wrong here—a White House that outed a covert operative and undermined national security.” [USA Today, 5/30/2007] The Senate Intelligence Committee did report that Plame Wilson recommended Wilson for the trip, but that report was based on somewhat inaccurate information provided in a State Department memo; both in her March 2007 testimony and her book Fair Game, Plame Wilson recalls that a young records officer first suggested that Wilson be sent (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005).

Entity Tags: Valerie Plame Wilson, Christopher (“Kit”) Bond, John D. Rockefeller, Melanie Sloan, Joseph C. Wilson, Senate Intelligence Committee, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Norman Pearlstine.Norman Pearlstine. [Source: Norman Pearlstine.]Norman Pearlstine, the former editor of Time magazine and the person who made the final decision to cooperate with the prosecution in the Lewis Libby perjury trial by turning over notes from former Time reporter Matthew Cooper (see July 1, 2005), writes a column for Time outlining how he feels the trial of Libby (see January 16-23, 2007 and March 6, 2007) did serious and possibly permanent damage to the mainstream media, much of that damage self-inflicted. Pearlstine begins by echoing many conservative writers in saying that “[w]hile the administration’s behavior was tawdry, there was no proof that intelligence laws had been broken or that an investigation was necessary.” Unlike many conservative pundits and publications, Pearlstine does not lambast special counsel Patrick Fitzgerald, instead observing that “once convinced that Libby (but not [White House political strategist Karl] Rove) had lied under oath, the prosecutor argued that he had no choice but to indict, charging Libby with perjury, making false statements, and obstruction of justice.” Pearlstine says that whatever Fitzgerald’s intentions, he incited a “First Amendment showdown” with the press: “By issuing subpoenas that required reporters to betray their sources, Fitzgerald created the showdown.” Pearlstine says that because Fitzgerald won the court battles to force journalists to testify about their sources, “[s]ome ugly truths emerged about one of the biggest problems with Washington journalism—a symbiosis between reporters and sources in which the reporters often think that it is their first job to protect their sources and that informing the public comes second.” Pearlstine is critical of former New York Times reporter Judith Miller, who went to jail rather than reveal her sources to Fitzgerald’s grand jury (see July 6, 2005). It was clear during Miller’s testimony that her record-keeping was sloppy and disorganized (see January 31, 2007), and that she was all too willing to cooperate with Libby to the possible detriment of her reporting, as when she agreed to obfuscate his identity by identifying him as a “former Hill staffer” instead of a senior White House official (see 8:30 a.m. July 8, 2003). Pearlstine writes, “It was a telling example of her willingness to breach journalistic ethics in order to coddle close sources.” Pearlstine concludes by observing that because Fitzgerald was so successful in compelling journalists to reveal their confidential sources, other lawyers will seek to do the same. “Journalism and the public interest will suffer,” he writes. Pearlstine advocates the legislative passage of a federal shield law to protect journalists and their sources. [Time, 5/31/2007]

Entity Tags: Karl C. Rove, Judith Miller, Patrick J. Fitzgerald, Time magazine, Norman Pearlstine, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Former White House aide Lewis “Scooter” Libby, found guilty of four felonies in the outing of CIA agent Valerie Plame Wilson (see March 6, 2007), is sentenced by Judge Reggie Walton to 30 months in jail, fined $250,000, and given two years’ probation. The sentence is at the low end of the 30-37 month recommendation provided by prosecutor Patrick Fitzgerald (see May 25, 2007). Libby’s plea for leniency is denied. An appeals court will refuse to allow Libby to remain free while he appeals the convictions. [National Review, 5/29/2007; Washington Post, 7/3/2007; BBC, 7/3/2007] “Many defendants are first offenders, most defendants have family. We need to make clear that the truth matters and one’s station in life does not matter,” says prosecutor Patrick Fitzgerald. “We had to… chase down rabbit holes that he took us down by lying to us… [the jury had] to sort through this fun house of mirrors.” Libby’s attorney Theodore Wells argues that because of the “public humiliation” caused to Libby by the trial, and because of Libby’s “exceptional public service to the nation,” he should be given no jail time. Libby’s co-counsel, William Jeffress, continues to insist that Plame Wilson was not covert, a position long since disproven (see Fall 1992 - 1996, Late 1990s-2001 and Possibly After, April 22, 1999, (July 11, 2003), Before July 14, 2003, July 22, 2003, July 30, 2003, September 30, 2003, October 11, 2003, October 22-24, 2003, January 9, 2006, February 13, 2006, September 6, 2006, and March 16, 2007), and attempts to assert that Libby did not actually expose her as a CIA agent, an argument again debunked during the proceedings. For himself, Libby speaks briefly, thanking the court for treating him kindly, and says he is ready for the sentence: “Now I realize fully the court must decide on punishment, and I hope the court will consider my whole life,” he says. In pronouncing sentence, Walton says: “I’ve watched these proceedings with a sense of sadness because I have the highest respect for government servants. It is important that we expect and demand a lot of people who are in those situations. They have a certain high level obligation when they occupy that situation. In this situation Libby failed to meet the bar.” [Raw Story, 6/5/2007] Libby will spend no time behind bars (see July 2, 2007).

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

Timeline Tags: Niger Uranium and Plame Outing

Ali Abd al-Rahman al-Faqasi al-Ghamdi.Ali Abd al-Rahman al-Faqasi al-Ghamdi. [Source: Public domain]Amnesty International, Human Rights Watch, and four other organizations file a US federal lawsuit under the Freedom of Information Act seeking information about 39 people they believe have “disappeared” while held in US custody. The groups mentions 39 people who were reportedly captured overseas and then held in secret CIA prisons. The US acknowledges detaining three of the 39 but the groups say there is strong evidence, including witness testimony, of secret detention in 18 more cases and some evidence of secret detention in the remaining 18 cases. In September 2006, President Bush acknowledged the CIA had interrogated dozens of suspects at secret CIA prisons and said 14 of those were later sent to Guantanamo Bay (see September 6, 2006). At that time it was announced that there were no prisoners remaining in custody in US secret facilities (see September 2-3, 2006). However, the groups claim that in April 2007 a prisoner named Abd al-Hadi al-Iraqi was transferred from CIA custody to Guantanamo, demonstrating the system is still operating (see Autumn 2006-Late April 2007). The groups also claim that in September 2002 the US held the two children of Khalid Shaikh Mohammed (KSM), then aged seven and nine, in an adult detention center. KSM was later captured and is now held at Guantanamo; it is unknown what happened to his children. [Reuters, 6/7/2007] Some of the more important suspects named include:
bullet Hassan Ghul, said to be an important al-Qaeda courier. In 2005, ABC News reported he was being held in a secret CIA prison (see November 2005). Apparently, the CIA transferred Ghul to Pakistani custody in 2006 so he would not have to join other prisoners sent to the Guantantamo prison (see (Mid-2006)), and Pakistan released him in 2007, allowing him to rejoin al-Qaeda (see (Mid-2007)).
bullet Ibn al-Shaykh al-Libi, a high-ranking al-Qaeda leader. The same ABC News report also mentioned him. Al-Libi was secretly transferred to Libya around 2006 (see Between November 2005 and September 2006) and will die there in 2009 under mysterious circumstances (see (May 10, 2009)).
bullet Mohammed Omar Abdul-Rahman, a son of the Blind Sheikh, Sheikh Omar Abdul-Rahman. The same ABC News report also mentioned him. He was reportedly captured in Pakistan in 2003 (see February 13, 2003).
bullet Ali Abd al-Rahman al-Faqasi al-Ghamdi, a.k.a. Abu Bakr al Azdi. He is said to be a candidate 9/11 hijacker who was held back for another operation. In 2004, the 9/11 Commission reported he was in US custody.
bullet Suleiman Abdalla Salim Hemed. Wanted for involvement in the 1998 African embassy bombings, he was reportedly captured in Somalia in March 2003. Witnesses claim to have seen him in two secret US prisons in 2004.
bullet Yassir al-Jazeeri. Said to be a high-ranking al-Qaeda leader, he was reportedly captured in Pakistan in March 2003. Witnesses later saw him in a secret CIA prison (see March 15, 2003).
bullet Musaad Aruchi, a nephew of Khalid Shaikh Mohammed. He was reported captured in Pakistan in June 2004 and then taken into CIA custody (see June 12, 2004).
bullet Sheikh Ahmed Salim Swedan. Wanted for a role in the African embassy bombings, there were various reports he was captured in Pakistan in 2002 and taken into US custody (see July 11, 2002). However, it appears these reports are false, because he will allegedly be killed in Pakistan in 2009 (see January 1, 2009).
bullet Anas al-Liby, also wanted for a role in the African embassy bombings. He was reportedly captured in 2002 (see January 20, 2002- March 20, 2002) and it is suspected the US has handed him over to Egypt. [Human Rights Watch, 6/7/2007]

Entity Tags: Pacha Wazir, Sheikh Ahmed Salim Swedan, Suleiman Abdalla Salim Hemed, Yassir al-Jazeeri, Ibn al-Shaykh al-Libi, Human Rights Watch, Abd al-Hadi al-Iraqi, Ali Abd al-Rahman al-Faqasi al-Ghamdi, Amnesty International, Anas al-Liby, Hassan Ghul, Mohammed Omar Abdul-Rahman, Musaad Aruchi

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

Former Reagan Justice Department official and constitutional lawyer Bruce Fein and former civil liberties lawyer Glenn Greenwald applaud the recent ruling requiring the government to overturn alleged al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri’s military detention status (see June 11, 2007). Fein writes that the decision “rebuked President Bush’s frightening claim that the Constitution crowned him with power to pluck every American citizen from his home for indefinite detention without trial on suspicion of preparing for acts of international terrorism.” Other terrorist acts, such as the 1995 Oklahoma City bombings (see 8:35 a.m. - 9:02 a.m. April 19, 1995) and the 1993 World Trade Center bombings (see February 26, 1993), “were tried and punished in civilian courts,” Fein notes, adding that Bush bypassed the USA Patriot Act to classify al-Marri as an enemy combatant, although the Patriot Act “provides a specific method for the government to detain aliens affiliated with terrorist organizations who are believed likely to engage in terrorist activity.” Al-Marri was denied that procedure due to his classification as an enemy combatant. [Washington Times, 6/19/2007] Greenwald writes, “How extraordinary it is—how extraordinarily disturbing it is—that we are even debating these issues at all. Although its ultimate resolution is complicated, the question raised by al-Marri is a clear and simple one: Does the president have the power—and/or should he have it—to arrest individuals on US soil and keep them imprisoned for years and years, indefinitely, without charging them with a crime, allowing them access to lawyers or the outside world, and/or providing a meaningful opportunity to contest the validity of the charges? How can that question not answer itself?… Who would possibly believe that an American president has such powers, and more to the point, what kind of a person would want a president to have such powers? That is one of a handful of powers that this country was founded to prevent.” [Chicago Sun-Times, 6/17/2007]

Entity Tags: George W. Bush, Al-Qaeda, Ali Saleh Kahlah al-Marri, Glenn Greenwald, Bruce Fein, USA Patriot Act

Timeline Tags: Torture of US Captives, Civil Liberties

After years of wrangling over whether the Office of the Vice President (OVP) should disclose how often it exercises its powers to classify documents (see March 25, 2003), and an effort by Vice President Cheney to abolish the Information Security Oversight Office of the National Archives (ISOO) pressing the issue (see May 29, 2007-June 7, 2007), President Bush issues an executive order stating that the OVP is not required to follow the law requiring such disclosure. [Savage, 2007, pp. 164; Henry A. Waxman, 6/21/2007 pdf file] In a letter to Senator John Kerry (D-MA) concerning the matter, Cheney’s chief of staff, David Addington, writes: “Constitutional issues in government are generally best left for discussion when unavoidable disputes arise in a specific context instead of theoretical discussions. Given that the executive order treats the vice president like the president rather than like an ‘agency,’ it is not necessary in these circumstances to address the subject of any alternative reasoning, based on the law and history of the legislative functions of the vice presidency, and the more modern executive functions of the vice presidency, to reach the same conclusion that the vice presidency is not an ‘agency’ with respect to which ISOO has a role.” [David Addington, 6/26/2007 pdf file]

Entity Tags: Office of the Vice President, David S. Addington, George W. Bush, National Archives Information Security Oversight Office, Richard (“Dick”) Cheney, John Kerry

Timeline Tags: Civil Liberties

Rudolph Giuliani, the former New York City mayor who is running a campaign for the Republican presidential nomination centered on strong national security and aggressive foreign policy, surrounds himself with a group of hardline neoconservative advisers:
bullet Neoconservative eminence Norman Podhoretz (see October 28, 2007). Podhoretz says, “I decided to join Giuliani’s team because his view of the war [on terror]—what I call World War IV—is very close to my own.” Podhoretz has said he “hopes and prays” President Bush attacks Iran. [Newsweek, 10/15/2007] Giuliani says of Podhoretz’s advocacy of US military action against Iran, “From the information I do have available, which is all public source material, I would say that that is not correct, we are not at that stage at this point. Can we get to that stage? Yes. And is that stage closer than some of the Democrats believe? I believe it is.” [New York Times, 10/25/2007]
bullet Michael Rubin, a former Pentagon official and current American Enterprise Institute scholar who argues that Secretary of State Condoleezza Rice’s diplomacy is “dangerous” and signals American “weakness” to Tehran and advocates revoking the US ban on assassination;
bullet Stephen Rosen, a Harvard hawk who wants major new defense spending and has close ties to prominent neoconservative Bill Kristol;
bullet Former senator Bob Kasten (R-WI), who often sided with neocons during the Reagan years; and
bullet Daniel Pipes, who opposes a Palestinian state and believes America should “inspire fear, not affection.” Pipes has advocated the racial profiling of Muslim-Americans, argued that the internment of Japanese-Americans during World War II was not morally offensive, and has, in his own words, advocated “razing [Palestinian] villages from which attacks are launched” on Israel. [Newsweek, 10/15/2007; New York Times, 10/25/2007; Daily Telegraph, 11/1/2007] Pipes is even “further out ideologically than Norman Podhoretz,” writes Harper’s Magazine reporter Ken Silverstein. [Harper's, 8/28/2007]
Support for Israel's Likud - Some Giuliani advisers, including Kasten, former State Department aide and political counselor Charles Hill, and Islam expert Martin Kramer (who has attacked US Middle East scholars since 9/11 for being soft on terrorism) indicate Giuliani’s alignment with the right-wing hawks of Israel’s Likud Party, notes Forward Magazine: pro-Israeli lobbyist Ben Chouake says Giuliani is “very serious about his approach to ensuring the security and safety of Israel.” [Forward, 7/18/2007] Giuliani has a long record of supporting Israel’s right wing; as early as 1995, he publicly insulted Palestinian leader Yasser Arafat, and in 2001, told an Israeli audience that the US and Israel are “bound by blood.” [Newsweek, 10/15/2007] Giuliani says he wants to expand the North American Treaty Organization (NATO) and invite Israel to join. [New York Times, 10/25/2007] A Republican political operative calls Giuliani’s advisers “red-meat types” chosen to cloak Giuliani’s near-complete lack of foreign experience. The operative says that Giuliani is also trying to head off criticism for his departure from the Iraq Study Group (see December 2006) before it finished its report. Republican attorney Mark Lezell, who supports Giuliani opponent Fred Thompson, says, “The concern with that particular team is that they have been at the forefront of policies that have yet to succeed and could well qualify as political baggage.” [Forward, 7/18/2007]
'Out-Bushing Bush' - Not all of Giuliani’s foreign affairs advisers are neocons. His policy coordinator, Hill, takes a more centrist view and says, perhaps disingenuously, “I don’t really know much about neoconservatives,” adding, “I don’t know of a single person on the campaign besides Norman [Podhoretz] who is a self-identified, card-carrying member of this neocon cabal with its secret handshakes.” Hill says the US should “deliver a very clear message to Iran, very clear, very sober, very serious: they will not be allowed to become a nuclear power,” but stops short of advocating a military solution. Richard Holbrooke, a foreign policy adviser to Democratic candidate Senator Hillary Clinton (D-NY), says jocularly that Giuliani is “positioning himself as the neo-neocon.” Dimitri Simes of the Nixon Center says of Giuliani’s team, “Clearly it is a rather one-sided group of people. Their foreign-policy manifesto seems to be ‘We’re right, we’re powerful, and just make my day.’ He’s out-Bushing Bush.” [Newsweek, 10/15/2007; New York Sun, 10/25/2007]

Entity Tags: Bob Kasten, Ken Silverstein, Charles Hill, Daniel Pipes, Steve Rosen, Ben Chouake, Richard Holbrooke, Mark Lezell, Rudolph (“Rudy”) Giuliani, Martin Kramer, Dimitri Simes, Norman Podhoretz, Michael Rubin

Timeline Tags: US International Relations

Waleed Alshehri in his video will.Waleed Alshehri in his video will. [Source: As Sahab]A new video is released featuring an audio statement by a man thought to be Osama bin Laden and a video will by one of the 9/11 hijackers, Waleed Alshehri. The man thought to be bin Laden urges sympathizers to join the “caravan of martyrs” and praises Alshehri, saying, “It is true that this young man was little in years, but the faith in his heart was big.” The audio message is accompanied by a still image of the man thought to be bin Laden, apparently taken from a video released a few days earlier (see September 7, 2007). It is unclear whether the audio message is new or was taped some time before release, although the speaker mentions the death of Abu Musab al-Zarqawi in 2006 (see June 8, 2006). In the will, Alshehri warns the US, “We shall come at you from your front and back, your right and left.” He also criticizes the state of the Islamic world, “The condition of Islam at the present time makes one cry… in view of the weakness, humiliation, scorn and enslavement it is suffering because it neglected the obligations of Allah and His orders, and permitted His forbidden things and abandoned jihad in Allah’s path.” Homeland security adviser Frances Townsend says that the video is not important and that bin Laden is “virtually impotent.” However, MSNBC will comment, “Bin Laden’s new appearances underline the failure to find the terror leader that President Bush vowed in the wake of the Sept. 11 attacks to take ‘dead or alive.’” [MSNBC, 9/11/2007]

Entity Tags: Frances Townsend, Osama bin Laden, Waleed Alshehri

Timeline Tags: Complete 911 Timeline

MSNBC runs an inaccurate story about waterboarding and its alleged usefulness. According to an article by Robert Windrem sourced to four senior US officials, only three detainees have been waterboarded: alleged 9/11 mastermind Khalid Shaikh Mohammed, militant training camp facilitator Abu Zubaida, and Jemaah Islamiyah head Hambali. The article contains several claims that will later be proved false:
bullet It says that al-Qaeda leader Abd al-Rahim al-Nashiri was not one of three detainees who was waterboarded. [MSNBC, 9/13/2007] However, it will later be generally reported that he was indeed waterboarded, and Vice President Dick Cheney will admit it in 2008. [Washington Times, 12/18/2008]
bullet The report claims that Hambali was one of the three detainees who was waterboarded. [MSNBC, 9/13/2007] However, this claim will later fade, with al-Nashiri replacing Hambali as the third detainee subjected to waterboarding. [Washington Times, 12/18/2008] The article also falsely claims that Hambali was subjected to waterbaording because he was “resistant to other interrogation methods.” It adds that he “cried like a baby,” a claim repeated in a prominent subheadline, and “quickly told all he knew.” [MSNBC, 9/13/2007]
bullet One former senior intelligence official is quoted as saying that “KSM required, shall we say, re-dipping,” although it will later emerge that KSM was waterboarded 183 times on five separate days (see After March 7, 2003 and April 18, 2009).
In addition, the article says, “a total of 13 high value detainees—all of them ranking al-Qaeda operatives—were subjected to ‘enhanced interrogation techniques’ in 2002 through 2004.” [MSNBC, 9/13/2007] However, according to a 2008 interview with Cheney, the US applied enhanced interrogation techniques to 33 detainees. This number appears to relate to a longer period, from 9/11 until late 2008, although cases where enhanced techniques were used after 2004 are not well known. [Washington Times, 12/18/2008]

Entity Tags: Hambali, Abu Zubaida, Abd al-Rahim al-Nashiri, Central Intelligence Agency, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives

Newt Gingrich.Newt Gingrich. [Source: Public domain]Former Republican House Speaker Newt Gingrich says that the US should sabotage Iran’s gasoline refinery as part of its efforts to bring down the Iranian government. Gingrich also is harshly critical of the Bush administration for its failure to deal more strongly with Iraq, saying, “I can’t imagine why they put up with this. I mean, either General Petraeus is wrong and the military spokesman’s wrong, or the current policies we have are stunningly ineffective.” He then gives his own prescription for regime change in Iran: “We should finance the students. We should finance a Radio Free Iran. We should covertly sabotage the only gasoline refinery in the country. We should be prepared, once the gasoline refinery is down, to stop all of the gasoline tankers and communicate to the Iranian government that if they want to move equipment into Iran—into Iraq, they’re going to have to walk.” Gingrich adds, “I think we are currently so timid and our bureaucracies are so risk-avoiding—it took enormous leadership by President Reagan and by Bill Casey to reenergize the CIA in the early ‘80s. And we’ve now been through a long period of beating up the intelligence community and having lawyers say, You can’t do this, you can’t do that.” [Fox News, 9/25/2007]

Entity Tags: Newt Gingrich, Fox News

Timeline Tags: US confrontation with Iran, Neoconservative Influence

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

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

Timeline Tags: 2001 Anthrax Attacks

Neoconservative founder Norman Podhoretz, a senior foreign adviser to Republican presidential frontrunner Rudolph Giuliani, says the US has no other choice than to bomb Iran. Podhoretz says heavy and immediate strikes against Iran are necessary to prevent that country from developing nuclear weapons. “None of the alternatives to military action—negotiations, sanctions, provoking an internal insurrection—can possibly work,” Podhoretz says. “They’re all ways of evading the terrible choice we have to make which is to either let them get the bomb or to bomb them.” Podhoretz says that such strikes would be effective: “People I’ve talked to have no doubt we could set [Iran’s nuclear program] five or 10 years. There are those who believe we can get the underground facilities as well with these highly sophisticated bunker-busting munitions.” (Podhoretz does not identify the people he has “talked to.”) “I would say it would take five minutes. You’d wake up one morning and the strikes would have been ordered and carried out during the night. All the president has to do is say go.” Giuliani has echoed Podhoretz’s belligerence towards Iran; last month, Giuliani told a London audience that Iran should be given “an absolute assurance that, if they get to the point that they are going to become a nuclear power, we will prevent them or we will set them back five or 10 years.” Podhoretz says he was pleasantly surprised to hear Giuliani make such assertions: “I was even surprised he went that far. I’m sure some of his political people were telling him to go slow…. I wouldn’t advise any candidate to come out and say we have to bomb—it’s not a prudent thing to say at this stage of the campaign.” Podhoretz has given President Bush much the same advice (see Spring 2007).
'Irrational' 'Insanity' - Nation editor Katrina vanden Heuvel blasts the “immorality and illegality” of Podhoretz’s “death wish,” and notes that such “military action would be irrational for both sides. The US military is already stretched to the breaking point. We’d witness unprecedented pandemonium in oil markets. Our troops in Iraq would be endangered.” Vanden Heuvel cites the failure to destroy Saddam Hussein’s Scud missiles during six weeks of bombings in 1991 (see January 16, 1991 and After), and the failure of the Israeli bombing of Iraq’s Osirak reactor (see June 7, 1981) to curb “regional [nuclear] proliferation.” She concludes, “Podhoretz and his insanity will embolden Iranian hardliners, plunge the region into even greater and darker instability and undermine our security.” [Nation, 10/28/2007]
Giuliani's Stable of Neocons - Since July 2007, Giuliani has surrounded himself with a group of outspoken hardline and neoconservative foreign policy advisers (see Mid-July 2007).

Entity Tags: Norman Podhoretz, Katrina vanden Heuvel, Saddam Hussein, George W. Bush, Rudolph (“Rudy”) Giuliani

Timeline Tags: US confrontation with Iran, Neoconservative Influence

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

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

Timeline Tags: 2001 Anthrax Attacks

Rafid Ahmed Alwan.Rafid Ahmed Alwan. [Source: CBS News]CBS News reveals the identity of the infamous Iraqi defector, “Curveball,” whose information was used by the Bush administration to build its case for Iraqi biological weapons. Curveball’s real identity is Rafid Ahmed Alwan, an Iraqi who defected to Germany in November 1999, where he requested asylum at a refugee center near Nuremberg (see November 1999). The evidence Curveball provided was detailed, compelling, and completely false, but instrumental in driving the US towards invading Iraq. Former senior CIA official Tyler Drumheller, who was unable to convince either his superiors in the agency or senior officials in the White House that Curveball was untrustworthy (see September 2002), says of Curveball’s contribution to the rhetoric of war, “If they [the Bush administration] had not had Curveball they would have probably found something else. ‘Cause there was a great determination to do it. But going to war in Iraq, under the circumstances we did, Curveball was the absolutely essential case.” CBS reporter Bob Simon says Curveball is “not only a liar, but also a thief and a poor student instead of the chemical engineering whiz he claimed to be.” The CIA eventually acknowledged Alwan as a fraud. The question remains, why did he spin such an elaborate tale? Drumheller thinks it was for the most prosaic of reasons. “It was a guy trying to get his Green Card, essentially, in Germany, playing the system for what it was worth. It just shows sort of the law of unintended consequences.” Alwan is believed to be still living in Germany, most likely under an assumed name. [CBS News, 11/4/2007]

Entity Tags: Bundesnachrichtendienst, Bob Simon, Tyler Drumheller, CBS News, ’Curveball’, Bush administration (43)

Timeline Tags: Events Leading to Iraq Invasion

Former British prime minister Tony Blair admits that he brushed off pleas from his ministers and advisers to try to prevent President Bush from going to war with Iraq, and that he turned down an eleventh-hour offer from Bush to pull Britain out of the conflict. Blair says he was convinced that Bush was doing the right thing in invading Iraq. He also says he wished he had published the full reports from the Joint Intelligence Committee instead of the cherry-picked “September dossier” that made false accusations about Iraq’s weapons of mass destruction—a dossier that Blair says was one of the main factors in his losing the leadership of his country (see September 24, 2002). Blair, speaking as part of a BBC documentary, confirms what many people already believe: that he never used his influence as the leader of America’s strongest ally to try to force Bush away from military confrontation with Iraq. Instead, the invasion “was what I believed in, and I still do believe it.” The documentary shows that many of Blair’s closest advisers in and out of government, including foreign policy adviser David Manning, UN ambassador Jeremy Greenstock, foreign secretary Jack Straw, and even the US’s Secretary of State, Colin Powell, all had serious doubts about the rush to war. But Blair says of his position, “In my view, if it wasn’t clear that the whole nature of the way Saddam was dealing with this issue had changed, I was in favor of military action.” Blair says he and Bush affirmed their intentions to invade Iraq in September 2002, during meetings at Camp David (see September 7, 2002). Bush promised to try to get a second resolution against Iraq in the UN; in return, Blair promised to support Bush in his planned invasion should the UN resolution not pass. Blair also says that, just before the House of Commons voted to authorize Britain to use military force against Iraq (see March 18, 2003), Bush called Blair to offer him the opportunity to withdraw. Blair declined. “He was always very cognizant of the difficulty I had,” Blair recalls. “He was determined we should not end up with the regime change being in Britain and he was saying to me, ‘Look I understand this is very difficult and America can do this militarily on its own and if you want to stick out of it, stick out of it,’ and I was equally emphatic we should not do that.” [London Times, 11/17/2007]

Entity Tags: Joint Intelligence Committee, Colin Powell, David Manning, Jack Straw, George W. Bush, Tony Blair, Jeremy Greenstock, United Nations

Timeline Tags: Events Leading to Iraq Invasion

Journalist Seymour Hersh says that a new CIA assessment concludes, in his words, that “there’s no evidence Iran is doing anything that puts them close to a bomb. There’s no secret program of significant bomb making.” However, the White House is ignoring that assessment and still moving forward with plans to launch a military strike against Iran.
'Stovepiping' - Hersh says that President Bush and Vice President Cheney are “stovepiping” intelligence [funnelling selected intelligence directly to top officials] and keeping information provided by the Israelis hidden from the CIA. According to Hersh, the Israelis have informed White House officials that Israel has a reliable agent inside Iraq, and that agent reports that Iran is working on a trigger for a nuclear device (see November 2005). “[T]he CIA isn’t getting a good look at the Israeli intelligence. It’s the old word, stovepiping. It’s the President and the Vice President, it’s pretty much being kept in the White House. Of course the people in the CIA want to know who [the agent] is, obviously,” Hersh tells a reporter. “They certainly want to know what other evidence he has of actual making of a warhead. This is the internecine fight that’s going on—the same fight, by the way, that we had before Iraq.” The CIA has no way of verifying the Israeli intelligence claims, but in light of recent events with unverifiable evidence such as the “Curveball” debacle (see November 1999), that agency is understandably wary of such dramatic claims that contradict their own findings. [CNN, 11/19/2007]
Israeli Claims Unverifiable - A former senior intelligence official says of the Israeli’s claim: “The problem is that no one can verify it. We don’t know who the Israeli source is. The briefing says the Iranians are testing trigger mechanisms,” simulating a zero-yield nuclear explosion without any weapons-grade materials, “but there are no diagrams, no significant facts. Where is the test site? How often have they done it? How big is the warhead—a breadbox or a refrigerator? They don’t have that.” But the report is being used by the White House to “prove the White House’s theory that the Iranians are on track. And tests leave no radioactive track, which is why we can’t find it.” Another problem that evokes the “stovepiping” of pre-war Iraq intelligence is the fact that White House officials have asked the Israelis for the raw intelligence, the original, unanalyzed, and unvetted material. Similar requests were used to draw false conclusions about Iraq’s WMD program before the US invasion of that country. A Pentagon consultant says, “Many presidents in the past have done the same thing, but intelligence professionals are always aghast when presidents ask for stuff in the raw. They see it as asking a second grader to read Ulysses.[New Yorker, 11/27/2006]
Similar to Iraq Intelligence Problems - Former State Department intelligence expert Greg Thielmann noted in October 2003 that before the Iraq war, “garbage was being shoved straight to the President.” [New Yorker, 10/27/2003] Hersh suggests the same effect is happening now. [CNN, 11/19/2007]
White House Hostile to CIA Analysis - According to a current senior intelligence official, the White House is actively hostile to the CIA analysis, which is based on satellite imagery and other empirical evidence such as measurement of the radioactivity of water samples and highly classified radiation-detection devices surreptitiously placed near the Iranian nuclear facilities. Empirical data or not, the CIA analysis does not fit the White House’s needs, the intelligence official says. In its analysis, the CIA specifically warns that it would be a mistake to conclude that the failure to find a secret nuclear-weapons program in Iran is evidence that the Iranians are hiding it well. According to a former senior intelligence official, at the height of the Cold War, the Soviets were quite effective at deception and misdirection, but the US intelligence community was readily able to discern the details of their nuclear weapons and long-range missile programs. But, the former official says, many in the White House, particularly in Cheney’s office, are making just such an assumption: “the lack of evidence means they must have it.” [New Yorker, 11/27/2006]

Entity Tags: Seymour Hersh, George W. Bush, ’Curveball’, Central Intelligence Agency, Greg Thielmann, Bush administration (43), Richard (“Dick”) Cheney

Timeline Tags: US confrontation with Iran

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

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

Timeline Tags: 2001 Anthrax Attacks

The Iran NIE.The Iran NIE. [Source: Office of the Director of National Intelligence]The newly released National Intelligence Estimate (NIE) for Iran’s nuclear weapons program concludes that Iran stopped working on nuclear weapons in 2003, and that the program remains on hold today. The Bush administration has repeatedly claimed that Iran is on the verge of acquiring nuclear arms, and has intimated that it is ready to attack that nation to prevent such an event from happening (see October 20, 2007). Interestingly, the administration has tried to have the NIE rewritten to more suit their view of Iran, an effort spearheaded by Vice President Dick Cheney (see October 2006). The findings of the NIE are expected to have a large impact on the negotiations between Iran and several Western countries, including the US, aimed at pressuring and cajoling Iran into giving up its nuclear energy program. The NIE, an assessment representing the consensus of the US’s 16 inteligence agencies, finds that while Iran’s ultimate ambitions towards becoming a nuclear-armed power remain unclear, Iran’s “decisions are guided by a cost-benefit approach rather than a rush to a weapon irrespective of the political, economic and military costs.… Some combination of threats of intensified international scrutiny and pressures, along with opportunities for Iran to achieve its security, prestige, and goals for regional influence in other ways might—if perceived by Iran’s leaders as credible—prompt Tehran to extend the current halt to its nuclear weapons program.” The NIE says that even if Iran were to restart development of its nuclear weapons program today, it would be at least two years at a minimum before it would have enough enriched uranium to produce a single bomb. The report says that Iran is more likely to develop a nuclear weapon by no earlier than 2013, “because of foreseeable technical and programmatic problems.” The report flatly contradicts the assessment made by a 2005 NIE that concluded Iran had an active nuclear weapons program and was determined to create them as quickly as possible. “We felt that we needed to scrub all the assessments and sources to make sure we weren’t misleading ourselves,” says one senior intelligence official. [New York Times, 12/3/2007; Director of National Intelligence, 12/3/2007 pdf file] There is no official word as to why the NIE has been publicly released by the White House when it so transparently contradicts the stance of the Bush administration, but Cheney implies the decision stems from a fear that it would be leaked anyway: “[T]here was a general belief that we all shared that it was important to put it out—that it was not likely to stay classified for long, anyway.” [Politico, 12/5/2007] The NIE is compiled from information gathered since 2004; one of the key intelligence findings is from intercepted phone calls between Iranian military commanders indicating that the nuclear program has been halted (see July 2007).

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

Timeline Tags: US confrontation with Iran

While many inside and outside the Bush administration consider the recent National Intelligence Estimate (NIE) on Iran, which concluded that Iran halted its push towards building nuclear weapons in 2003 (see December 3, 2007), a disappointment, a small but influential group inside the Defense Department consider it a victory for their viewpoint. The NIE almost guarantees that Bush will not order any sort of military strike against Iran, a result sought by, among others, Defense Secretary Robert Gates, Joint Chiefs chairman Admiral Michael Mullen, and Admiral William Fallon, the supreme commander of US forces in the Middle East. All three have, in recent months, privately and publicly opposed the idea of going to war with Iran; indeed, the Pentagon’s intelligence units were instrumental in forming the NIE’s conclusions. Time reporter Mark Thompson writes, “Some critics have suggested that the military simply found a public way to quiet the drumbeat for war coming from Vice President Dick Cheney and his shrinking band of allies in the administration.” Additionally, some Pentagon officials believe that this NIE shows the US intelligence community is not as tied to ideological and political concerns as was evidenced by the 2002 NIE on Iraq (see October 1, 2002). For his part, Gates warns that the US and the international community must continue pressuring Iran to keep its nuclear-weapons program dormant, and “[a]s long as they continue with their enrichment activities, then the opportunity to resume that nuclear weapons program is always present.” But Gates adds that the NIE demonstrates that non-military actions are the best way to keep Iran’s nuclear program in check: “If anything, the new national estimate validates the administration’s strategy of bringing diplomatic and economic pressures to bear on the Iranian government to change its policies.” [Time, 12/5/2007]

Entity Tags: US Department of Defense, Bush administration (43), Mark Thompson, Michael Mullen, William Fallon, Richard (“Dick”) Cheney, Robert M. Gates

Timeline Tags: US confrontation with Iran

As part of the conservative backlash against the recently released National Intelligence Estimate on Iran that concluded Iran had halted work on its nuclear weapons program in 2003 (see December 3, 2007 and December 3-6, 2007), some Senate Republicans intend to call for a Congressional commission to investigate the conclusions and the intelligence that went into it, with an eye to discrediting the NIE and its producers. John Ensign (R-NV) says he will propose a “bipartisan” commission to review the NIE, saying, “Iran is one of the greatest threats in the world today. Getting the intelligence right is absolutely critical, not only on Iran’s capability but its intent. So now there is a huge question raised, and instead of politicizing that report, let’s have a fresh set of eyes—objective, yes—look at it.… There are a lot of people out there who do question [the NIE]. There is a huge difference between the 2005 and 2007 estimates.” The 2005 NIE concluded, apparently erroneously, that Iran was an imminent threat for developing a nuclear weapon (see August 2, 2005). Senator Jeff Sessions (R-AL) adds, “If [the NIE is] inaccurate, it could result in very serious damage to legitimate American policy.” As late as July 2007, Sessions notes, intelligence officials testified before Congress that they believed Iran was hard at work developing a nuclear weapon. “We need to update our conclusions,” Sessions says, “but this is a substantial change.” The proposed commission would take its cue from a commission that examined a 1995 NIE on the ballistic missile threat faced by the US. [Washington Post, 12/7/2007]

Entity Tags: Jeff Sessions, Office of the Director of National Intelligence, John Ensign

Timeline Tags: US confrontation with Iran

John Kiriakou.John Kiriakou. [Source: ABC News]Former CIA officer John Kiriakou gives the first of several media interviews around this time about the agency’s use of waterboarding and torture, to ABC. In this interview and others Kiriakou, who led the team that captured militant training camp facilitator Abu Zubaida (see March 28, 2002), makes several points:
bullet Zubaida was waterboarded. This is the first official on-the-record acknowledgment by any CIA official that the controversial technique that simulates drowning was used.
bullet Zubaida was only waterboarded once, for about 30 to 35 seconds. (This is untrue. Zubaida was actually waterboarded at least 83 times—see April 18, 2009.)
bullet After the waterboarding, Zubaida became co-operative; he had previously been uncooperative. (This is also allegedly untrue—see June 2002.) Kiriakou says, “The threat information that he provided disrupted a number of attacks, maybe dozens of attacks.” Kiriakou thinks the attacks were not to be on US soil, but overseas, although he is not sure. Waterboarding and the other techniques were used because of a sense of urgency. “Those tricks of the trade require a great deal of time—much of the time—and we didn’t have that luxury. We were afraid that there was another major attack coming.”
bullet Use of the CIA’s enhanced interrogation techniques is tightly controlled in the agency. Each application of a technique had to be specifically approved by the deputy director for operations.
bullet Kiriakou implies that waterboarding is torture and should remain banned now, but the circumstances of the time warranted its use. He believes that waterboarding both compromised American principles and saved lives. “Like a lot of Americans, I’m involved in this internal, intellectual battle with myself weighing the idea that waterboarding may be torture versus the quality of information that we often get after using the waterboarding technique,” he says. “And I struggle with it.”
Although he was personally involved in Zubaida’s capture, Kiriakou was not present at the interrogations and only learned about them at CIA headquarters. [ABC News, 12/10/2007; ABC News, 12/10/2007 pdf file; ABC News, 12/10/2009 pdf file] Over the next few days, Kiriakou gives a number interviews to other media outlets with basically the same information. The New York Times will call the series of interviews a “media blitz.” [New York Times, 12/11/2007; New York Times, 4/28/2009] The media he speaks to include the Washington Post, the New York Times, National Public Radio, CBS, CNN, and MSNBC (see December 11, 2007). A CNN anchor even calls him “the man of the hour.” [New York Times, 4/28/2009] Kiriakou garners praise for his poise in front of the camera. For example, Harper’s journalist Scott Horton will call him “telegenic,” whereas Foreign Policy magazine commentator Annie Lowery will opt for “telegenic and well spoken.” [Harpers, 12/21/2007; Foreign Policy, 4/28/2009]

Entity Tags: Central Intelligence Agency, Scott Horton, Abu Zubaida, John Kiriakou, Annie Lowery

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

The Pentagon produces a classified report assessing the damage the whistleblower website WikiLeaks could cause to it. The report concludes that “WikiLeaks.org represents a potential force protection, counterintelligence, OPSEC [operational security], and INFOSEC [information security] threat to the US Army.” WikiLeaks published information about US Army operations in Iraq, Afghanistan, and Guantanamo the previous year. The report says some of the interpretations WikiLeaks puts upon released documents are incorrect, but does not detail specific examples. The author also speculates that the organization is actually supported by the CIA. [New York Times, 3/17/2010] The report itself will later be leaked to WikiLeaks and published by it (see March 15, 2010).

Entity Tags: US Department of Defense, WikiLeaks

Timeline Tags: Misc Entries, Domestic Propaganda

At least one supporter of far-right libertarian Representative Ron Paul (R-TX) argues that a recently published article in the New Republic that exposed the overtly racist and conspiratorial content in Paul’s newsletters (see 1978-1996) was the result of a conspiracy by “beltway libertarians” from the Cato Institute to discredit Paul. According to Thomas DiLorenzo, the Koch family (see 1979-1980), who provide much of the funding for the Cato Institute (see 1977-Present and 1981-2010), is behind the conspiracy. “Proof” of this conspiracy, according to DiLorenzo, is that James Kirchick, the author of the article, has said he found many of the newsletters in the University of Kansas library; Charles Koch “is a major patron” of that university. DiLorenzo asks, “How on earth would a kid just out of college know to go to a library in Kansas, of all places, to dig up such stuff?” DiLorenzo goes on to say that he “recognized a paragraph [in Kirchick’s article] that was identical to one written on several occassions by one of the especially hate-filled Beltway losers who works at a DC ‘think tank’ on his spleen-venting personal blog. Either he wrote it or coached the author.” Author David Bernstein, who notes that the Cato Institute is preparing to publish a book of his, speculates that Kirchick may have used an Internet database called Wordcat to find the Paul newsletters, and writes, “Even ‘kids just out of college’ often know how to use the Internet, I believe.” And Kirchick calls DiLorenzo’s conspiracy theorizing “comically credulous.” [New Republic, 1/8/2008; Thomas DiLorenzo, 1/12/2008; David Bernstein, 1/12/2008; New Republic, 1/15/2008] DiLorenzo publishes his theory on the blog of former Paul chief of staff Lew Rockwell, who runs the Ludwig von Mises Institute, a libertarian think tank in Alabama closely allied with Paul. [Thomas DiLorenzo, 1/12/2008] A week after the publication of the first New Republic article, Paul will deny having virtually any involvement with his newsletters (see January 16, 2008).

Entity Tags: Ron Paul, James Kirchick, David Bernstein, Charles Koch, Cato Institute, Lew Rockwell, Ludwig von Mises Institute, Thomas DiLorenzo, The New Republic

Timeline Tags: Domestic Propaganda, 2008 Elections

Center for Public Integrity logo.Center for Public Integrity logo. [Source: Center for Public Integrity]The Center for Public Integrity (CPI), a non-profit, non-partisan investigative journalism organization, releases an analysis of top Bush administration officials’ statements over the two years leading up to the March 18, 2003 invasion of Iraq.
Significance - Analysts and authors Charles Lewis and Mark Reading-Smith state that the analysis proves that the Bush administration engaged in deliberate deception to lead the country into war with Iraq, and disproves the administration’s contention that its officials were the victims of bad intelligence. CPI states that the analysis shows “the statements were part of an orchestrated campaign that effectively galvanized public opinion and, in the process, led the nation to war under decidedly false pretenses.” According to CPI’s findings, eight top administration officials made 935 false statements concerning either Iraq’s possession of weapons of mass destruction or Iraq’s links to al-Qaeda, between September 11, 2001 and the invasion itself. These statements were made on 532 separate occasions, by the following administration officials: President George W. Bush, Vice President Dick Cheney, Secretary of State Colin Powell, then-National Security Adviser Condoleezza Rice, then-Defense Secretary Donald Rumsfeld, then-Deputy Defense Secretary Paul Wolfowitz, and former White House press secretaries Ari Fleischer and Scott McClellan.
Foundation of Case for War - These deliberate falsehoods “were the underpinnings of the administration’s case for war,” says CPI executive director Bill Buzenberg. Lewis says, “Bush and the top officials of his administration have so far largely avoided the harsh, sustained glare of formal scrutiny about their personal responsibility for the litany of repeated, false statements in the run-up to the war in Iraq.” According to the analysis, Bush officials “methodically propagated erroneous information over the two years beginning on September 11, 2001.” The falsehoods dramatically escalated in August 2002, just before Congress passed a war resolution (see October 10, 2002). The falsehoods escalated again in the weeks before Bush’s State of the Union address (see 9:01 pm January 28, 2003) and Powell’s critical presentation to the United Nations (see February 5, 2003). All 935 falsehoods are available in a searchable database on the CPI Web site, and are sourced from what the organization calls “primary and secondary public sources, major news organizations and more than 25 government reports, books, articles, speeches, and interviews.” CPI finds that “officials with the most opportunities to make speeches, grant media interviews, and otherwise frame the public debate also made the most false statements.”
Breakdown - The tally of falsehoods is as follows:
bullet Bush: 260. 232 of those were about Iraqi WMD and 28 were about Iraq’s ties to al-Qaeda.
bullet Powell: 254, with 244 of those about Iraq’s WMD programs.
bullet Rumsfeld and Fleischer: 109 each.
bullet Wolfowitz: 85.
bullet Rice: 56.
bullet Cheney: 48.
bullet McClellan: 14.
The analysis only examines the statements of these eight officials, but, as CPI notes, “Other administration higher-ups, joined by Pentagon officials and Republican leaders in Congress, also routinely sounded false war alarms in the Washington echo chamber.”
An 'Impenetrable Din' - Lewis and Reading-Smith write that the “cumulative effect of these false statements,” amplified and echoed by intensive media coverage that by and large did not question the administration’s assertions, “was massive, with the media coverage creating an almost impenetrable din for several critical months in the run-up to war.” CPI asserts that most mainstream media outlets were so enthusiastically complicit in the push for war that they “provided additional, ‘independent’ validation of the Bush administration’s false statements about Iraq.” Lewis and Reading-Smith conclude: “Above all, the 935 false statements painstakingly presented here finally help to answer two all-too-familiar questions as they apply to Bush and his top advisers: What did they know, and when did they know it?” [Center for Public Integrity, 1/23/2008; Center for Public Integrity, 1/23/2008] The Washington Post’s Dan Froomkin approvingly calls the study “old-fashioned accountability journalism.” [Washington Post, 1/23/2008]

Entity Tags: Donald Rumsfeld, Charles Lewis, Center for Public Integrity, Bush administration (43), Bill Buzenberg, Ari Fleischer, Al-Qaeda, Colin Powell, Dan Froomkin, Richard (“Dick”) Cheney, Saddam Hussein, Condoleezza Rice, Scott McClellan, Paul Wolfowitz, George W. Bush, US Department of Defense, Mark Reading-Smith

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

Reporter Amy Goodman interviews Charles Lewis of the Center for Public Integrity (CPI), the co-author of a study that documents 935 false statements made by President Bush and seven of his top advisers in the two years before the Iraq invasion (see January 23, 2008). Lewis says that, after the raft of government reports that admitted Iraq had no weapons of mass destruction and no links to al-Qaeda, he and his fellow researchers became interested in who stated those falsehoods, how they did so, and how often: “In other words, how did we get from this not being true to it being a war and what happened there?” Goodman asks if “what [the administration officials] knew behind the scenes and what they were saying publicly” is so different, then “aren’t you talking about lies?” Lewis is more diplomatic, replying that Bush and his seven officials chose “certain information over other information.” What interested him and his fellow researchers was “the process inside the White House… how this campaign was orchestrated.” The White House has apparently destroyed much of the documentary and electronic trail surrounding the run-up to war, he notes, and Congress has not held any hearings on the decision to invade Iraq. Perhaps, Lewis says, this analysis will be the beginning of a better understanding of that process and even the precursor to a real investigation. Lewis says that without interviewing the people involved, he must hesitate to call the 935 statements outright lies. Reporter Bob Drogin, author of the book Curveball that examines one of the linchpin sets of falsehoods that drove the US into war, says he is not sure what to think about the discussion over whether or not the 935 falsehoods are actually lies. “I mean, it’s sort of like asking, to me, whether they, you know, forgot to put their turn signal on before they drove off a bridge. I mean, they took us into the midst of a—you know, a terrible, a horrific, tragic war, and they did it on the basis of ponied-up false intelligence. And sort of where they pushed the evidence here or there is sort of—to me, is sort of secondary. The fact is, they got it absolutely wrong on every single quarter.” [Democracy Now!, 1/24/2008]

Entity Tags: Amy Goodman, Al-Qaeda, Center for Public Integrity, George W. Bush, Charles Lewis, Bob Drogin

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

Nick Davies, author of a new book, Flat Earth News, claims that since the 9/11 attacks, the US has engaged in a systematic attempt to manipulate world opinion on Iraq and Islamist terrorism by creating fake letters and other documents, and then releasing them with great fanfare to a credulous and complicit media.
Al-Zarqawi Letter - Davies cites as one example a 2004 letter purporting to be from al-Qaeda leader Abu Musab al-Zarqawi that became the basis of an alarming news report in the New York Times and was used by US generals to claim that al-Qaeda was preparing to launch a civil war in Iraq (see February 9, 2004). The letter is now acknowledged to have almost certainly been a fake, one of many doled out to the world’s news agencies by the US and its allies. Davies writes: “For the first time in human history, there is a concerted strategy to manipulate global perception. And the mass media are operating as its compliant assistants, failing both to resist it and to expose it.” Davies says the propaganda is being generated by US and allied intelligence agencies working without effective oversight. It functions within a structure of so-called “strategic communications,” originally designed by the US Defense Department and the North Atlantic Treaty Organization (NATO) to use what Davies calls “subtle and non-violent tactics to deal with Islamist terrorism,” but now being used for propaganda purposes. Davies notes that al-Zarqawi was never interested in working with the larger al-Qaeda network, but instead wanted to overthrow the Jordanian monarchy and replace it with an Islamist theocracy. After the 9/11 attacks, when US intelligence was scouring the region for information on al-Qaeda, Jordan supplied the US with al-Zarqawi’s name, both to please the Americans and to counter their enemy. Shortly thereafter, the US intelligence community began placing al-Zarqawi’s name in press releases and news reports. He became front-page material after being cited in Colin Powell’s UN presentation about Iraqi WMDs and that nation’s connections with al-Qaeda (see February 5, 2003). The propaganda effort had an unforeseen side effect, Davies says: it glamorized al-Zarqawi so much that Osama bin Laden eventually set aside his differences with him and made him the de facto leader of al-Qaeda in Iraq. Davies cites other examples of false propaganda besides the Zarqawi letter:
bullet Tales of bin Laden living in a lavish network of underground bases in Afghanistan, “complete with offices, dormitories, arms depots, electricity and ventilation systems”;
bullet Taliban leader Mullah Omar “suffering brain seizures and sitting in stationary cars turning the wheel and making a noise like an engine”;
bullet Iran’s ayatollahs “encouraging sex with animals and girls of only nine.”
Davies acknowledges that some of the stories were not concocted by US intelligence. An Iranian opposition group produced the story that Iranian President Mahmoud Ahmadinejad was jailing people for texting each other jokes about him. Iraqi exiles filled the American media “with a dirty stream of disinformation about Saddam Hussein.” But much of it did come from the US. Davies cites the Pentagon’s designation of “information operations” as its fifth “core competency,” along with land, air, sea, and special forces. Much of the Pentagon’s “information operations,” Davies says, is a “psyops” (psychological operations) campaign generating propaganda: it has officials in “brigade, division and corps in the US military… producing output for local media.” The psyops campaign is linked to the State Department’s campaign of “public diplomacy,” which Davies says includes funding radio stations and news Web sites. Britain’s Directorate of Targeting and Information Operations in the Ministry of Defense “works with specialists from 15 UK psyops, based at the Defense Intelligence and Security School at Chicksands in Bedfordshire.”
Some Fellow Journalists Skeptical - The Press Association’s Jonathan Grun criticizes Davies’s book for relying on anonymous sources, “something we strive to avoid.” Chris Blackhurst of the Evening Standard agrees. The editor of the New Statesman, John Kampfner, says that he agrees with Davies to a large extent, but he “uses too broad a brush.” [Independent, 2/11/2008] Kamal Ahmad, editor of the Observer, is quite harsh in his criticism of Davies, accusing the author of engaging in “scurrilous journalism,” making “wild claims” and having “a prejudiced agenda.” (Davies singles out Ahmad for criticism in his book, accusing Ahmad of being a “conduit for government announcements” from Downing Street, particularly the so-called “dodgy dossier” (see February 3, 2003).) [Independent, 2/11/2008] But journalist Francis Wheen says, “Davies is spot on.” [Independent, 2/11/2008]

Entity Tags: Mahmoud Ahmadinejad, Francis Wheen, Directorate of Targeting and Information Operations (British Ministry of Defense), Colin Powell, Chris Blackhurst, Al-Qaeda in Iraq, John Kampfner, Abu Musab al-Zarqawi, Al-Qaeda, Kamal Ahmad, US Department of Defense, Osama bin Laden, US Department of State, Saddam Hussein, North Atlantic Treaty Organization, Mullah Omar, Nick Davies, Jonathan Grun

Timeline Tags: US Military, Events Leading to Iraq Invasion, Domestic Propaganda

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

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

Timeline Tags: 2001 Anthrax Attacks

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

Entity Tags: Bruce Ivins, Steven Hatfill

Timeline Tags: 2001 Anthrax Attacks

Former NBC analyst Kenneth Allard.Former NBC analyst Kenneth Allard. [Source: New York Times]The New York Times receives 8,000 pages of Pentagon e-mail messages, transcripts and records through a lawsuit. It subsequently reports on a systematic and highly orchestrated “psyops” (psychological operations) media campaign waged by the Defense Department against the US citizenry, using the American media to achieve their objectives. At the forefront of this information manipulation campaign is a small cadre of retired military officers known to millions of TV and radio news audience members as “military analysts.” These “independent” analysts appear on thousands of news and opinion broadcasts specifically to generate favorable media coverage of the Bush administration’s wartime performance. The group of officers are familiar faces to those who get their news from television and radio, billed as independent analysts whose long careers enable them to give what New York Times reporter David Barstow calls “authoritative and unfettered judgments about the most pressing issues of the post-Sept. 11 world.” However, the analysts are not nearly as independent as the Pentagon would like for Americans to believe. Barstow writes: “[T]he Bush administration has used its control over access and information in an effort to transform the analysts into a kind of media Trojan horse—an instrument intended to shape terrorism coverage from inside the major TV and radio networks.… These records reveal a symbiotic relationship where the usual dividing lines between government and journalism have been obliterated.”
Administration 'Surrogates' - The documents repeatedly refer to the analysts as “message force multipliers” or “surrogates” who can be counted on to deliver administration “themes and messages” to millions of Americans “in the form of their own opinions.” According to the records, the administration routinely uses the analysts as, in Barstow’s words, “a rapid reaction force to rebut what it viewed as critical news coverage, some of it by the networks’ own Pentagon correspondents.” When news articles revealed that US troops in Iraq were dying because of inadequate body armor (see March 2003 and After), a senior Pentagon official wrote to his colleagues, “I think our analysts—properly armed—can push back in that arena.” In 2005, Ten analysts were flown to Guantanamo to counter charges that prisoners were being treated inhumanely; the analysts quickly and enthusiastically repeated their talking points in a variety of television and radio broadcasts (see June 24-25, 2005).
Ties to Defense Industry - Most of the analysts, Barstow writes, have deep and complex “ties to military contractors vested in the very war policies they are asked to assess on air.” The analysts and the networks almost never reveal these business relationships to their viewers; sometimes even the networks are unaware of just how deep those business connections extend. Between then, the fifty or so analysts “represent more than 150 military contractors either as lobbyists, senior executives, board members or consultants. The companies include defense heavyweights, but also scores of smaller companies, all part of a vast assemblage of contractors scrambling for hundreds of billions in military business generated by the administration’s war on terror. It is a furious competition, one in which inside information and easy access to senior officials are highly prized.” Some of the analysts admit to using their special access to garner marketing, networking, and business opportunities. John Garrett, a retired Marine colonel and Fox News analyst, is also a lobbyist at Patton Boggs who helps firms win Pentagon contracts, including from Iraq. In company promotional materials, Garrett says that as a military analyst he “is privy to weekly access and briefings with the secretary of defense, chairman of the Joint Chiefs of Staff and other high level policy makers in the administration.” One client told investors that Garrett’s access and experience helps him “to know in advance—and in detail—how best to meet the needs” of the Defense Department and other agencies. Garrett calls this an inevitable overlap between his various roles, and says that in general, “That’s good for everybody.”
Exclusive Access to White House, Defense Officials - The analysts have been granted unprecedented levels of access to the White House and the Pentagon, including:
bullet hundreds of private briefings with senior military officials, including many with power over contracting and budget matters;
bullet private tours of Iraq;
bullet access to classified information;
bullet private briefings with senior White House, State Department, and Justice Department officials, including Vice President Dick Cheney, former Attorney General Alberto Gonzales, and National Security Adviser Stephen Hadley.
Conversely, analysts who do not cooperate take a risk. “You’ll lose all access,” says CBS military analyst and defense industry lobbyist Jeffrey McCausland.
Quid Pro Quo - Fox News analyst and retired Army lieutenant colenel Timur Eads, who is vice president of government relations for Blackbird Technologies, a rapidly growing military contractor, later says, “We knew we had extraordinary access.” Eads confirms that he and other analysts often held off on criticizing the administration for fear that “some four-star [general] could call up and say, ‘Kill that contract.’” Eads believes that he and the other analysts were misled about the Iraqi security forces, calling the Pentagon’s briefings about those forces’ readiness a “snow job.” But Eads said nothing about his doubts on television. His explanation: “Human nature.” Several analysts recall their own “quid pro quo” for the Pentagon in the months before the invasion (see Early 2003). And some analysts were far more aboveboard in offering quid pro quos for their media appearances. Retired Army general Robert Scales, Jr, an analyst for Fox News and National Public Radio, and whose consulting company advises several firms on weapons and tactics used in Iraq, asked for high-level Pentagon briefings in 2006. In an e-mail, he told officials: “Recall the stuff I did after my last visit. I will do the same this time.”
Repeating White House Talking Points - In return, the analysts have, almost to a man, echoed administration talking points about Iraq, Afghanistan, and Iran, even when some of them believed the information they were given was false or inflated. Some now acknowledge they did so—and continue to do so—for fear of losing their access, which in turn jeopardizes their business relationships. Some now regret their participation in the propoganda effort, and admit they were used as puppets while pretending to be independent military analysts. Bevelacqua says, “It was them saying, ‘We need to stick our hands up your back and move your mouth for you.’” Former NBC analyst Kenneth Allard, who has taught information warfare at the National Defense University, calls the campaign a sophisticated information operation aimed, not at foreign governments or hostile populaces, but against the American people. “This was a coherent, active policy,” he says (see Late 2006). The Pentagon denies using the military analysts for propaganda purposes, with spokesman Bryan Whitman saying it was “nothing other than an earnest attempt to inform the American people.” It is “a bit incredible” to think retired military officers could be “wound up” and turned into “puppets of the Defense Department,” Whitman says. And other analysts, such as McCausland, say that they never allowed their outside business interests to affect their on-air commentaries. “I’m not here representing the administration,” McCausland says. Some say they used their positions to even criticize the war in Iraq. But according to a close analysis of their performances by a private firm retained by the Pentagon to evaluate the analysts, they performed to the Pentagon’s complete satisfaction (see 2005 and Beyond).
Enthusiastic Cooperation - The analysts are paid between $500 and $1,000 per appearance by the networks, but, according to the transcripts, they often speak as if the networks and the media in general are the enemy. They often speak of themselves as operating behind enemy lines. Some offered the Pentagon advice on how to outmaneuver the networks, or, as one said to then-Defense Secretary Donald Rumsfeld, “the Chris Matthewses and the Wolf Blitzers of the world.” Some alerted Pentagon officials of planned news stories. Some sent copies of their private correspondence with network executives to the Pentagon. Many enthusiastically echoed and even added to administration talking points (see Early 2007). [New York Times, 4/20/2008] Several analysts say that based on a Pentagon briefing, they would then pitch an idea for a segment to a producer or network booker. Sometimes, the analysts claim, they even helped write the questions for the anchors to ask during a segment. [New York Times, 4/21/2008]
Consequences and Repercussions - Some of the analysts are dismayed to learn that they were described as reliable “surrogates” in Pentagon documents, and some deny that their Pentagon briefings were anything but, in the words of retired Army general and CNN analyst David Grange, “upfront information.” Others note that they sometimes disagreed with the administration on the air. Scales claims, “None of us drink the Kool-Aid.” Others deny using their access for business gain. Retired general Carlton Shepperd says that the two are “[n]ot related at all.” But not all of the analysts disagree with the perception that they are little more than water carriers for the Pentagon. Several recall being chewed out by irate defense officials minutes after their broadcasts, and one, retired Marine colonel Wiliam Cowan of Fox News, recalls being fired—by the Pentagon, not by Fox—from his analyst position after issuing a mild criticism of the Pentagon’s war strategies (see August 3-4, 2005). [New York Times, 4/20/2008]

Entity Tags: Thomas G. McInerney, Stephen J. Hadley, Timur Eads, wvc3 Group, William Cowan, Robert Scales, Jr, US Department of Defense, Robert Bevelacqua, Robert Maginnis, Richard (“Dick”) Cheney, CBS News, CNN, Carlton Shepperd, David Barstow, David Grange, Bush administration (43), Bryan Whitman, Fox News, Jeffrey McCausland, Alberto R. Gonzales, New York Times, Donald Rumsfeld, National Public Radio, Kenneth Allard, John Garrett, NBC, Rick Francona

Timeline Tags: US Military, Events Leading to Iraq Invasion, Iraq under US Occupation, Domestic Propaganda

The Center for Media and Democracy’s John Stauber and author Sheldon Rampton lambast the Pentagon for its recently revealed propaganda program that, in their words, “embed[s] military propagandists directly into the TV networks as on-air commentators” (see April 20, 2008 and Early 2002 and Beyond). But Stauber and Rampton are even more critical of the media’s refusal to deal with the story. They note, “In 1971, when the [New York] Times printed excerpts of the Pentagon Papers on its front page (see March 1971), it precipitated a constitutional showdown with the Nixon administration over the deception and lies that sold the war in Vietnam. The Pentagon Papers issue dominated the news media back then. Today, however, [New York Times reporter David] Barstow’s stunning report is being ignored by the most important news media in America—TV news—the source where most Americans, unfortunately, get most of their information. Joseph Goebbels, eat your heart out. Goebbels is history’s most notorious war propagandist, but even he could not have invented a smoother PR vehicle for selling and maintaining media and public support for a war…”
Journalistic Standards Violated - According to the authors, the news outlets who put these analysts on the air committed “a glaring violation of journalistic standards.” They cite the code of ethics of the Society of Professional Journalists, which enjoins journalists and news outlets to:
bullet Avoid conflicts of interest, real or perceived;
bullet Remain free of associations and activities that may compromise integrity or damage credibility;
bullet Refuse gifts, favors, fees, free travel and special treatment, and shun secondary employment, political involvement, public office and service in community organizations if they compromise journalistic integrity;
bullet Disclose unavoidable conflicts;
bullet Be vigilant and courageous about holding those with power accountable;
bullet Deny favored treatment to advertisers and special interests and resist their pressure to influence news coverage; and
bullet Be wary of sources offering information for favors or money.
Networks' Silence a 'Further Violation of Public Trust' - The networks who used these analysts observed none of these fundamental ethical guidelines. “They acted as if war was a football game and their military commentators were former coaches and players familiar with the rules and strategies,” Stauber and Rampton write. “The TV networks even paid these “analysts” for their propaganda, enabling them to present themselves as ‘third party experts’ while parroting White House talking points to sell the war.” Stauber and Rampton call the networks’ decision to almost completely ignore the story a further “violation… of the public trust…” They fix much of the blame for the Iraq debacle on the media, noting that the war “would never have been possible had the mainstream news media done its job. Instead, it has repeated the big lies that sold the war. This war would never have been possible without the millions of dollars spent by the Bush administration on sophisticated and deceptive public relations techniques such as the Pentagon military analyst program that David Barstow has exposed.” [PRWatch, 4/25/2008]

Entity Tags: Joseph Goebbels, Society of Professional Journalists, New York Times, John Stauber, David Barstow, Center for Media and Democracy, Nixon administration, Sheldon Rampton, US Department of Defense, Bush administration (43)

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

John Murtha.John Murtha. [Source: ABC News]Representative John Murtha (D-PA), a hawkish military veteran who has built a long political career on supporting the military, says that he is “disappointed” in both the US military and the news media for being part of the Pentagon’s recently revealed Iraq propaganda operation (see Early 2002 and Beyond). Murtha says that he was struck by the fact that, in the New York Times article that revealed the operation (see April 20, 2008), even some of the military analysts who most enthusiastically repeated the Pentagon’s talking points on the airwaves “didn’t even believe what they were saying.” Murtha says: “Well, the military’s held in the highest level and the highest esteem in this country. All of us appreciate their sacrifices. I’ve gotten to the point where I now distrust the military because they have been dishonored by these kind of untruths. It used to be that I could listen to the military, they would come to me, and what they said privately they were willing to say publicly. With [former Defense Secretary Donald] Rumsfeld’s tenure, they distorted everything. And that’s the way they got by for four years because the public said, well, the military’s saying that. Well, the public’s no longer accepting that. The public realizes we made a mistake when we went in, much of the information was inaccurate and they continue to say these kind of things. So, I’m disappointed. I’m disappointed in the news media. I tell ya, till I spoke out, the news media was not honest—or afraid to come forward. And I think the tactic was, ‘we don’t give them access if they say anything bad about us.’”
Credits Blogs - Murtha credits the political blogs for keeping the story alive: “The blogs have been so important to bringing out the truth. I didn’t know what a blog was till a couple of years ago. Now, I not only know, I understand how important they are because people have an opportunity to hear the other side of what they’re saying.” (Notably, Murtha gives this interview to a news blog, the left-leaning ThinkProgress.)
Propaganda Effort in Vietnam Did Decades of Damage - Murtha reflects on the tremendous damage done by military and government propaganda campaigns during Vietnam (see March 1971). “It took us 20 years to get over Vietnam,” he says. “It took us through the Ford administration, the Carter administration, it took us into the Reagan administration because we didn’t pay for the war and the public was misled. Now the public recognized it very early on in Vietnam because they casualties were so heavy. Because of the technology increases, they didn’t recognize it as quickly in Iraq. But until the end of the Clinton administration, where we had a budget with a surplus, we were paying for the Vietnam war. We’re doing the same thing now.… I mean, nobody recognized we’re paying now with inflation, we’re paying all the expenses in Iraq. We’re paying $343 million dollars a day because of Iraq. So, it’s unfortunate and it just makes it that much more difficult for us to overcome this, because people who don’t believe it now, believed it for a while and they don’t want to be misled again.” [ThinkProgress (.org), 5/1/2008]

Entity Tags: Think Progress (.org), New York Times, Donald Rumsfeld, Reagan administration, Ford administration, US Department of Defense, Carter administration, John P. Murtha

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

The Senate Intelligence Committee releases its long-awaited “Phase II” report on the Bush administration’s use of intelligence in convincing the country that it was necessary to invade Iraq. According to the report, none of the claims made by the administration—particularly that Iraq had WMD and that its government had working ties with Islamist terror organizations such as al-Qaeda—were based in any intelligence reporting. The committee released “Phase I” of its report in July 2004, covering the quality of intelligence used in making the case for war; the second phase was promised “soon afterwards” by the then-Republican leadership of the committee, but nothing was done until after Democrats took over the committee in November 2006. The report is the product of what the Associated Press calls “nasty partisan fight[ing]” among Republicans and Democrats, and largely fails to reveal much information that has not earlier been reported elsewhere. [Associated Press, 6/5/2008] The report is bipartisan in that two Republican committee members, Olympia Snowe (R-ME) and Chuck Hagel (R-NE), joined the committee’s Democrats to sign the report. [Hill, 6/5/2008]
False Linkages between Iraq, Al-Qaeda - Time magazine notes that the report “doesn’t break any new ground,” but tries “to make the case that President Bush and his advisers deliberately disregarded conflicting intel and misled Americans on the severity of the Iraqi threat.” Committee chairman John D. Rockefeller (D-WV) says: “It is my belief that the Bush administration was fixated on Iraq, and used the 9/11 attacks by al-Qaeda as justification for overthrowing Saddam Hussein. To accomplish this, top administration officials made repeated statements that falsely linked Iraq and al-Qaeda as a single threat.” [Time, 6/6/2008]
Examination of Five Speeches - The report looks at the statements of current and former Bush administration officials such as President Bush, Vice President Cheney, Secretary of State Colin Powell, and Defense Secretary Donald Rumsfeld, between October 2002 and the actual invasion of Iraq in March 2003 (see January 23, 2008), largely focusing on five speeches:
bullet Cheney’s speech to the Veterans of Foreign Wars National Convention (see August 26, 2002);
bullet Bush’s statement to the UN General Assembly (see September 12, 2002);
bullet Bush’s speech in Cincinnati (see October 7, 2002);
bullet Bush’s State of the Union speech (see 9:01 pm January 28, 2003);
bullet and Powell’s presentation to the United Nations Security Council (see February 5, 2003).
The report contrasts these speeches and statements to intelligence reports that have since then been released. The report only assesses the veracity of public comments made by Bush officials, and does not delve into any possible behind-the-scenes machinations by those officials or their surrogates. Some of the report’s conclusions:
bullet “Statements which indicated that [Saddam] Hussein was prepared to give WMDs to terrorists were inconsistent with existing intelligence at the time, as were statements that suggested a partnership between the two.”
bullet “Claims that airstrikes on their own would not be sufficient to destroy purported chemical and biological weapons in Iraq were unsubstantiated.”
bullet “Most statements that supported the theory that Hussein had access to or the capacity to build chemical, biological, or even nuclear weapons did not take into account the disagreements between intelligence agencies as to the credibility of the WMD allegations.”
'Statements beyond What the Intelligence Supported' - Rockefeller says the administration concealed information that contradicted their arguments that an invasion was necessary. “We might have avoided this catastrophe,” he says. The report finds that while many of the administration’s claims were supported by at least some intelligence findings, the administration routinely refused to mention dissents or uncertainties expressed by intelligence analysts about the information being presented. The committee’s five Republicans assail the report as little more than election-year partisanship, and accuse Democrats of using the report to cover for their own members, including Rockefeller and Carl Levin (D-MI), who supported the administration’s push for war at the time. [Senate Intelligence Committee, 6/5/2008 pdf file; Associated Press, 6/5/2008; Time, 6/6/2008] Rockefeller answers the Republican charges by saying, “[T]here is a fundamental difference between relying on incorrect intelligence and deliberately painting a picture to the American people that you know is not fully accurate.” Committee member Dianne Feinstein (D-CA) writes in a note attached to the report: “Even though the intelligence before the war supported inaccurate statements, this administration distorted the intelligence in order to build its case to go to war. The executive branch released only those findings that supported the argument, did not relay uncertainties, and at times made statements beyond what the intelligence supported.” [Huffington Post, 6/5/2008]

Entity Tags: Chuck Hagel, John D. Rockefeller, Colin Powell, Dianne Feinstein, Donald Rumsfeld, Bush administration (43), Carl Levin, Olympia Snowe, Al-Qaeda, Richard (“Dick”) Cheney, George W. Bush, Senate Intelligence Committee, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

Bill Moyers, John Walcott, Jonathan Landay, and Greg Mitchell on PBS’s ‘Journal.’Bill Moyers, John Walcott, Jonathan Landay, and Greg Mitchell on PBS’s ‘Journal.’ [Source: PBS]In his regular “Journal” broadcast, PBS political commentator Bill Moyers focuses on the role of the media in the run-up to the invasion of Iraq. “America was deceived, with the media’s help,” Moyers declares, and interviews three media figures to help explain how: John Walcott, Washington bureau chief of McClatchy News; Jonathan Landay, one of Walcott’s “ace reporters;” and Greg Mitchell of Editor & Publisher, “known to many of us as the watchdog’s watchdog.” Part of the discussion focuses on the failure of most media reporters and broadcasters to question the Bush administration’s assertions about the Iraq war. Landay says, “I was just I was left breathless by some of the things that I heard where you heard correspondents say, ‘Well, we did ask the tough questions. We asked them to the White House spokesmen,’ Scott McClellan and others. And you say to yourself, ‘And you expected to get real answers? You expected them to say from the White House podium—“Yeah, well, there were disagreements over the intelligence, but we ignored them”’ when the President made his speeches and the Vice President made his speeches. No, I don’t think so.” Mitchell agrees, noting that ABC reporter Charles Gibson said that we “wouldn’t ask any different questions.” Mitchell says he found Gibson’s remarks “shocking.” Mitchell continues: “[T]hat someone would say we would even with the chance to relive this experience and so much we got wrong—going to war is—which is still going on over five years later, all the lost lives, all the financial costs of that. And then to look back at this, you know, this terrible episode in history of American journalism and say that if I could do it all over again, I’m not sure we would ask any different questions.” Walcott takes a different tack, saying that reporters “may have asked all the right questions. The trouble is they asked all the wrong people.” Landay notes that “you have to take the time to find those people,” and Mitchell adds that when you do find real information, “[y]ou can’t bury it.” Landay adds that some powerful, public admission of error and self-examination might go far to counter the perception that the media is just as untrustworthy as the government.
Drowned Out - Walcott notes that even when reporters found informed sources willing to talk about the realities behind the push for war, they were drowned out by “Donald Rumsfeld at the podium or Dick Cheney and Condoleezza Rice saying, ‘We can’t allow the smoking gun to be a mushroom cloud’” (see September 4, 2002 and September 8, 2002). “Over and over again,” Moyers notes. “Over and over again on camera,” Walcott continues. “[T]hat trumps the kind of reporting that John and [Landay’s partner] Warren Strobel did from these mid-level guys who actually know that there’s no prospect of any smoking gun let alone a mushroom cloud. And so when it gets to packaging television news, it’s picture driven, it’s celebrity driven, and that doesn’t allow much room for this kind of hard-nosed reporting under the radar.” Mitchell says, “There’s been at least six opportunities in the last two months for the media to do this long delayed and much needed self-assessment, self-criticism to the American public and it hasn’t happened.”
Liberal vs. Conservative Media - Moyers notes that many conservative media outlets “do not believe they got it wrong. I mean, Fox News was reinforcing the administration’s messages back then and still does today.” Walcott notes, “You know, if Fox News’s mission is to defend Republican administrations then they’re right, they didn’t fail.” He notes that in his book, McClellan draws a distinction between the conservative and the “liberal” media (presumably the New York Times, Washington Post, etc). “I don’t understand what liberal versus conservative has to do with this,” Walcott says. “I would have thought that conservatives would be the ones to ask questions about a march to war. How much is this gonna cost us? What’s the effect of this gonna be on our military, on our country’s strength overseas? I don’t think it’s a liberal conservative question at all. I think that’s, frankly, a canard by Scott.”
Celebrity 'Experts' - Moyers asks about the “experts” who predicted that the war would be quick, bloodless, and successful. Even though they were “terribly wrong,” Moyers notes that most of them are “still on the air today pontificating. I mean, there seems to be no price to be paid for having been wrong about so serious an issue of life and death, war and peace.” Walcott says they are not news analysts so much as they are celebrities. Big name actors can make bad movies and still draw million-dollar salaries for their next film: “It’s the same phenomenon. A name is what matters. And it’s about celebrity. It’s about conflict. It’s about—” Landay completes Walcott’s sentence: “Ratings.”
'Skunks at the Garden Party' - Perhaps the most disturbing portion of the discussion is when Walcott notes that the kind of old-fashioned investigative reporting exemplified by Landay and Strobel is “by definition… unpopular.… Because the public doesn’t wanna hear it.… Doesn’t wanna hear the President lied to them. Doesn’t wanna hear that the local police chief is on the take. You know, people don’t like necessarily to hear all that kind of stuff. And when you’re worried about, above all, your advertising revenue, you become more vulnerable to those kinds of pressures.… Well, the skunks don’t get invited to the garden party. And part of our job is to be the skunks at the garden party.” [PBS, 6/6/2008]

Entity Tags: George W. Bush, Donald Rumsfeld, Condoleezza Rice, Charles Gibson, Bush administration (43), Bill Moyers, ABC News, Fox News, Washington Post, Public Broadcasting System, Editor & Publisher, Richard (“Dick”) Cheney, McClatchy News, Warren Strobel, Jonathan Landay, Greg Mitchell, Scott McClellan, John Walcott, New York Times

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

The recently released Senate Intelligence Committee report on misleading, exaggerated, and inaccurate presentations of the prewar Iraqi threat by the Bush administration (see June 5, 2008) leaves out some significant material. The report says that the panel did not review “less formal communications between intelligence agencies and other parts of the executive branch.” The committee made no attempt to obtain White House records or interview administration officials because, the report says, such steps were considered beyond the scope of the report. Washington Post reporter Walter Pincus notes that “[o]ne obvious target for such an expanded inquiry would have been the records of the White House Iraq Group (WHIG), a group set up in August 2002 by then-White House Chief of Staff Andrew H. Card Jr.” WHIG (see August 2002) was composed of, among other senior White House officials, senior political adviser Karl Rove; the vice president’s chief of staff, Lewis “Scooter” Libby; communications strategists Karen Hughes, Mary Matalin, and James Wilkinson; legislative liaison Nicholas Calio; and a number of policy aides led by National Security Adviser Condoleezza Rice and her deputy, Stephen Hadley.
WHIG Led Marketing of War - Scott McClellan, the former White House press secretary, recently wrote in his book What Happened that WHIG “had been set up in the summer of 2002 to coordinate the marketing of the war to the public.… The script had been finalized with great care over the summer [for a] “campaign to convince Americans that war with Iraq was inevitable and necessary.” On September 6, 2002, Card hinted as much to reporters when he said, “From a marketing point of view, you don’t introduce new products in August” (see September 6, 2002). Two days later, the group scored its first hit with a front-page New York Times story about Iraq’s secret purchase of aluminum tubes that, the story said, could be used to produce nuclear weapons (see September 8, 2002). The information for that story came from “senior administration officials” now known to be members of WHIG. The story was the first to make the statement that “the first sign of a ‘smoking gun’ [proving the existence of an Iraqi nuclear weapons program] may be a mushroom cloud” (see September 4, 2002); that same morning, the same message was repeated three times by various senior administration officials on the Sunday talk shows (see September 8, 2002, September 8, 2002, and September 8, 2002). WHIG did not “deliberately mislead the public,” McClellan claimed in his book, but wrote that the “more fundamental problem was the way [Bush’s] advisers decided to pursue a political propaganda campaign to sell the war to the American people.… As the campaign accelerated,” caveats and qualifications were downplayed or dropped altogether. Contradictory intelligence was largely ignored or simply disregarded.”
Records Perusal Would 'Shed Light' - If indeed the White House “repeatedly presented intelligence as fact when it was unsubstantiated, contradicted, or even nonexistent,” as committee chairman John D. Rockefeller (D-WV) has said, then an examination of WHIG’s records would, Pincus writes, “shed much light” on the question. [Washington Post, 6/9/2008]

Entity Tags: New York Times, Karen Hughes, John D. Rockefeller, James R. Wilkinson, Condoleezza Rice, Bush administration (43), Andrew Card, Karl C. Rove, Mary Matalin, Senate Intelligence Committee, Stephen J. Hadley, Walter Pincus, White House Iraq Group, Nicholas E. Calio, Scott McClellan, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: 2001 Anthrax Attacks

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

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

Timeline Tags: 2001 Anthrax Attacks

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

Entity Tags: Federal Bureau of Investigation, Bruce Ivins

Timeline Tags: 2001 Anthrax Attacks

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

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

Timeline Tags: 2001 Anthrax Attacks

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

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

Timeline Tags: 2001 Anthrax Attacks

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

Entity Tags: Bruce Ivins, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks

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

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

Timeline Tags: 2001 Anthrax Attacks

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

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

Timeline Tags: 2001 Anthrax Attacks

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

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

Timeline Tags: 2001 Anthrax Attacks

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

Entity Tags: Steven Hatfill, US Department of Justice

Timeline Tags: 2001 Anthrax Attacks

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

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

Timeline Tags: 2001 Anthrax Attacks

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

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

Timeline Tags: 2001 Anthrax Attacks

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

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

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

Roger Ailes, a powerful Republican campaign consultant (see 1968, January 25, 1988, and September 21 - October 4, 1988) and the founder and chairman of Fox News (see October 7, 1996), realizes that Senator Barack Obama (D-IL) is going to win the upcoming presidential election (see November 4, 2008). In preparation, Ailes begins hiring an array of conservatives to join his network (see November 3, 2003, July 2004, and October 26, 2009), many of whom he intends to groom for the 2012 presidential race. By the time the election is over, Ailes will have hired Karl Rove, the Bush administration’s political guru, and former Governor Mike Huckabee (R-AR), an unsuccessful Republican presidential candidate. (Ailes is able to woo both Rove and Huckabee away from CNN, which also offers them positions as paid commentators.) Soon, Ailes will hire several more possible Republican contenders, including the Republican vice-presidential candidate Sarah Palin (R-AK), former House Speaker Newt Gingrich (R-GA), former Senator Rick Santorum (R-PA), and former UN Ambassador John Bolton. Ailes fully intends to use Fox News as a platform for launching Republican presidential bids (see May 22, 2011), but his decision to hire Rove, Huckabee, Palin, and the others is also business-driven. A close friend of his will explain: “It would be easy to look at Fox and think it’s conservative because Rupert [Murdoch, the media executive who owns the Fox networks] and Roger are conservative and they program it the way they like. And to a degree, that’s true. But it’s also a business. And the way the business works is, they control conservative commentary the way ESPN controls the market for sports rights. If you have a league, you have a meeting with ESPN, you find out how much they’re willing to pay, and then everyone else agrees to pay the same amount if they want it.… It’s sort of the same at Fox. I was surprised at some of what was being paid until I processed it that way. If you’re ABC and you don’t have Newt Gingrich on a particular morning, you can put someone else on. But if you’re Fox, and Newt is moving and talking today, you got to have him. Otherwise, your people are like: ‘Where’s Newt? Why isn’t he on my channel?’” Ailes met secretly with Palin in September 2008, and will continue to court her for Fox after the campaign, even loaning her a private jet owned by Murdoch’s News Corporation. CNN will decline to offer her a position, and Ailes, through programming chief Bill Shine, will negotiate a three-year, $3 million deal to have Palin as a regular contributor and a host of prime-time specials. Amid all of this, Ailes does not want Fox News to be seen as an arm of the Republican Party (see December 2002 and October 11, 2009). [New York Magazine, 5/22/2011] In 2010, the press will report that Fox News has “exclusive rights” to broadcast and interview four presumed 2012 Republican candidates, Palin, Gingrich, Huckabee, and Santorum (see September 27, 2010).

Entity Tags: Mike Huckabee, CNN, Bill Shine, Fox News, Karl C. Rove, Newt Gingrich, Rupert Murdoch, News Corporation, John R. Bolton, Sarah Palin, Rick Santorum, Roger Ailes

Timeline Tags: Domestic Propaganda, 2012 Elections

A former Air Force interrogator writing under the pseudonym “Matthew Alexander” pens an impassioned plea against the use of torture for the Washington Post. Alexander is a former Special Operations soldier with war experience in Bosnia and Kosovo before volunteering to serve as a senior interrogator in Iraq from February 2006 through August 2006. He writes that while he served in Iraq, his team “had successfully hunted down one of the most notorious mass murderers of our generation, Abu Musab al-Zarqawi, the leader of al-Qaeda in Iraq and the mastermind of the campaign of suicide bombings that had helped plunge Iraq into civil war.” Yet upon his return, Alexander writes that he was less inclined to celebrate American success than “consumed with the unfinished business of our mission: fixing the deeply flawed, ineffective and un-American way the US military conducts interrogations in Iraq.” Since then, Alexander has written a book, How to Break a Terrorist: The US Interrogators Who Used Brains, Not Brutality, to Take Down the Deadliest Man in Iraq (see December 2-4, 2008). He writes that interrogation techniques used against terror suspects in Iraq both “betrays our traditions” and “just doesn’t work.”
Army Used 'Guantanamo Model' of Interrogation - When he joined the team hunting for al-Zarqawi, he was astonished to find that “[t]he Army was still conducting interrogations according to the Guantanamo Bay model: Interrogators were nominally using the methods outlined in the US Army Field Manual, the interrogators’ bible, but they were pushing in every way possible to bend the rules—and often break them.… These interrogations were based on fear and control; they often resulted in torture and abuse.”
New and Different Methodology - Alexander refused to allow his interrogators to use such tactics, he writes, and instead taught them a new set of practices: “one based on building rapport with suspects, showing cultural understanding and using good old-fashioned brainpower to tease out information. I personally conducted more than 300 interrogations, and I supervised more than 1,000. The methods my team used are not classified (they’re listed in the unclassified Field Manual), but the way we used them was, I like to think, unique. We got to know our enemies, we learned to negotiate with them, and we adapted criminal investigative techniques to our work (something that the Field Manual permits, under the concept of ‘ruses and trickery’). It worked. Our efforts started a chain of successes that ultimately led to Zarqawi.” Alexander writes that his attitude, and that of his colleagues, changed during this time. “We no longer saw our prisoners as the stereotypical al-Qaeda evildoers we had been repeatedly briefed to expect; we saw them as Sunni Iraqis, often family men protecting themselves from Shi’ite militias and trying to ensure that their fellow Sunnis would still have some access to wealth and power in the new Iraq. Most surprisingly, they turned out to despise al-Qaeda in Iraq as much as they despised us, but Zarqawi and his thugs were willing to provide them with arms and money.” When Alexander pointed this out to General George Casey, then the top US commander in Iraq, Casey ignored him. Alexander writes that Casey’s successor, General David Petraeus, used some of the same “rapport-building” techniques to help boost the “Anbar Awakening,” which saw tens of thousands of Sunnis repudiate al-Zarqawi and align themselves with the US. And, the techniques persuaded one of al-Zarqawi’s associates to tell where he was hiding, giving the US a chance to find and kill him (see June 8, 2006).
Little Overall Change - Even the success in locating and killing al-Zarqawi had little effect on US interrogation methods outside of Alexander’s unit. He left Iraq still unsettled about the methods being used; shortly after his return, he was horrified at news reports that the CIA had waterboarded detainees to coerce information from them (see Between May and Late 2006). Such hard-handed techniques are not only illegal and morally reprehensible, Alexander notes, they usually don’t work. He writes: “Torture and abuse are against my moral fabric. The cliche still bears repeating: Such outrages are inconsistent with American principles. And then there’s the pragmatic side: Torture and abuse cost American lives.” He remembers one jihadist who told him: “I thought you would torture me, and when you didn’t, I decided that everything I was told about Americans was wrong. That’s why I decided to cooperate.”
Torture Breeds Terrorism - Alexander writes that while in Iraq, he learned that the primary reason foreign jihadists came to Iraq to fight Americans was because of their outrage and anger over the abuses carried out at Guantanamo and Abu Ghraib. “Our policy of torture was directly and swiftly recruiting fighters for al-Qaeda in Iraq,” he writes. “The large majority of suicide bombings in Iraq are still carried out by these foreigners. They are also involved in most of the attacks on US and coalition forces in Iraq. It’s no exaggeration to say that at least half of our losses and casualties in that country have come at the hands of foreigners who joined the fray because of our program of detainee abuse. The number of US soldiers who have died because of our torture policy will never be definitively known, but it is fair to say that it is close to the number of lives lost on Sept. 11, 2001. How anyone can say that torture keeps Americans safe is beyond me—unless you don’t count American soldiers as Americans.”
Writing about His Experiences - Alexander began writing about his time in Iraq after returning to the US. When he submitted his book for the Defense Department’s review (standard procedure to ensure no classified information is being released), he writes that he “got a nasty shock.” The Pentagon delayed the review past the first scheduled printing date, then redacted what Alexander says was “an extraordinary amount of unclassified material—including passages copied verbatim from the Army’s unclassified Field Manual on interrogations and material vibrantly displayed on the Army’s own Web site.” Alexander was forced to file a lawsuit to get the review completed and to appeal the redactions. “Apparently, some members of the military command are not only unconvinced by the arguments against torture; they don’t even want the public to hear them.”
Conclusions - How we conduct ourselves in the “war on terror” helps define who we are as Americans, Alexander writes. “Murderers like Zarqawi can kill us, but they can’t force us to change who we are. We can only do that to ourselves.” It is up to Americans, including military officers directly involved in the battle against terrorist foes, “to protect our values not only from al-Qaeda but also from those within our own country who would erode them.” He continues: “We’re told that our only options are to persist in carrying out torture or to face another terrorist attack. But there truly is a better way to carry out interrogations—and a way to get out of this false choice between torture and terror.” With the ascension of Barack Obama to the White House, Alexander describes himself as “quite optimistic” that the US will renounce torture. “But until we renounce the sorts of abuses that have stained our national honor, al-Qaeda will be winning. Zarqawi is dead, but he has still forced us to show the world that we do not adhere to the principles we say we cherish. We’re better than that. We’re smarter, too.” [Washington Post, 11/30/2008]

Entity Tags: Matthew Alexander, US Department of Defense, US Department of the Air Force, US Department of the Army, Central Intelligence Agency, Barack Obama, David Petraeus, Abu Musab al-Zarqawi, Al-Qaeda in Iraq, George Casey

Timeline Tags: Torture of US Captives

In a lengthy interview, terminally ill columnist Robert Novak says he would reveal the covert identity of former CIA official Valerie Plame Wilson again (see July 14, 2003), both because he feels he caused Plame Wilson no damage and because of his own personal desire for retribution against his critics. Novak says that while he expressed some “ambivalence” about his outing of Plame Wilson in his 2007 autobiography The Prince of Darkness, “Now I’m much less ambivalent. I’d go full speed ahead because of the hateful and beastly way in which my left-wing critics in the press and Congress tried to make a political affair out of it and tried to ruin me. My response now is this: The hell with you. They didn’t ruin me. I have my faith, my family, and a good life. A lot of people love me—or like me. So they failed. I would do the same thing over again because I don’t think I hurt Valerie Plame [Wilson] whatsoever.” [Washingtonian, 12/1/2008] Not only did Novak’s revelation of Plame Wilson’s identity do serious damage to the US intelligence community’s ability to learn of potential threats (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, and February 13, 2006), Plame Wilson has written that she feared for the lives of herself and her family after Novak’s outing (see July 14, 2003).

Entity Tags: Valerie Plame Wilson, Robert Novak, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

In a speech at the Saban Center for Middle East Policy in Washington, outgoing President Bush discusses his decision to invade Iraq. “It is true, as I have said many times, that Saddam Hussein was not connected to the 9/11 attacks,” he says. “But the decision to remove Saddam from power cannot be viewed in isolation from 9/11. In a world where terrorists armed with box cutters had just killed nearly 3,000 people, America had to decide whether we could tolerate a sworn enemy that acted belligerently, that supported terror, and that intelligence agencies around the world believed had weapons of mass destruction. It was clear to me, to members of both political parties, and to many leaders around the world that after 9/11, this was a risk we could not afford to take. So we went back to the UN Security Council, which unanimously passed Resolution 1441 calling on Saddam Hussein to disclose, disarm, or face serious consequences (see November 8, 2002). With this resolution, we offered Saddam Hussein a final chance to comply with the demands of the world. When he refused to resolve the issue peacefully, we acted with a coalition of nations to protect our people and liberated 25 million Iraqis.” Amanda Terkel, a writer for the liberal website Think Progress, notes that all of Bush’s acknowledgments that Iraq had no connections to 9/11 came after the war began; in the months prior to the invasion, Bush and his top officials strove to create the impression that Hussein had close links to al-Qaeda and the 9/11 planners (see (Between 10:30 a.m. and 12:00 p.m.) September 11, 2001, Shortly After September 11, 2001, Shortly After September 11, 2001, After September 11, 2001, Mid-September, 2001, September 17, 2001, September 19, 2001, September 20, 2001, September 28, 2001, November 6-8, 2001, December 9, 2001, 2002-March 2003, March 19, 2002, June 21, 2002, July 25, 2002, August 2002, August 20, 2002, September 12, 2002, September 16, 2002, September 21, 2002, September 25, 2002, September 26, 2002, September 27, 2002, September 28, 2002, October 7, 2002, October 7, 2002, October 15, 2002, December 2, 2002, December 12, 2002, January 26, 2003, January 28, 2003, Early February 2003, February 5, 2003, (2:30 a.m.-9:00 a.m.) February 5, 2003, February 5, 2003, February 6, 2003, February 11 or 12, 2003, and February 17, 2003). Terkel writes, “Bush still embraces his pre-war lies, as he admitted in his Saban address today, because without them, the public wouldn’t have supported his case for war.” [USA Today, 12/5/2008; Think Progress, 12/5/2008]

Entity Tags: George W. Bush, Amanda Terkel

Timeline Tags: Events Leading to Iraq Invasion

The Senate Armed Services Committee releases a classified 261-page report on the use of “harsh” or “enhanced interrogation techniques”—torture—against suspected terrorists by the US. The conclusion of the report will be released in April 2009 (see April 21, 2009). The report will become known as the “Levin Report” after committee chairman Carl Levin (D-MI). Though the report itself is classified, the committee releases the executive summary to the public.
Top Bush Officials Responsible for Torture - One of the report’s findings is that top Bush administration officials, and not a “few bad apples,” as many of that administration’s officials have claimed, are responsible for the use of torture against detainees in Guantanamo, Afghanistan, Iraq, and elsewhere.
Began Shortly after 9/11 - The report finds that US officials began preparing to use “enhanced interrogation” techniques just a few months after the 9/11 attacks, and well before Justice Department memos declared such practices legal. The program used techniques practiced in a US military program called Survival, Evasion, Resistance, and Escape (SERE—see December 2001), which trains US military personnel to resist questioning by foes who do not follow international bans on torture. As part of SERE training, soldiers are stripped naked, slapped, and waterboarded, among other techniques. These techniques were “reverse-engineered” and used against prisoners in US custody. Other techniques used against prisoners included “religious disgrace” and “invasion of space by a female.” At least one suspected terrorist was forced “to bark and perform dog tricks” while another was “forced to wear a dog collar and perform dog tricks” in a bid to break down their resistance.
Tried to 'Prove' Links between Saddam, Al-Qaeda - Some of the torture techniques were used before the March 2003 invasion of Iraq (see March 19, 2003). Much of the torture of prisoners, the report finds, was to elicit information “proving” alleged links between al-Qaeda and the regime of Saddam Hussein. US Army psychiatrist Major Paul Burney says of some Guantanamo Bay interrogations: “Even though they were giving information and some of it was useful, while we were there a large part of the time we were focused on trying to establish a link between al-Qaeda and Iraq. We were not being successful in establishing a link between al-Qaeda and Iraq. The more frustrated people got in not being able to establish this link… there was more and more pressure to resort to measures that might produce more immediate results.” Others did not mention such pressure, according to the report. [Senate Armed Services Committee, 12/11/2008 pdf file; Agence France-Presse, 4/21/2009] (Note: Some press reports identify the quoted psychiatrist as Major Charles Burney.) [McClatchy News, 4/21/2009] A former senior intelligence official later says: “There were two reasons why these interrogations were so persistent, and why extreme methods were used. The main one is that everyone was worried about some kind of follow-up attack [after 9/11]. But for most of 2002 and into 2003, Cheney and Rumsfeld, especially, were also demanding proof of the links between al-Qaeda and Iraq that [former Iraqi exile leader Ahmed] Chalabi (see November 6-8, 2001) and others had told them were there.… There was constant pressure on the intelligence agencies and the interrogators to do whatever it took to get that information out of the detainees, especially the few high-value ones we had, and when people kept coming up empty, they were told by Cheney’s and Rumsfeld’s people to push harder.” [McClatchy News, 4/21/2009]
Warnings of Unreliability from Outset - Almost from the outset of the torture program, military and other experts warned that such techniques were likely to provide “less reliable” intelligence results than traditional, less aggressive approaches. In July 2002, a memo from the Joint Personnel Recovery Agency (JRPA), which oversees the SERE training program, warned that “if an interrogator produces information that resulted from the application of physical and psychological duress, the reliability and accuracy of this information is in doubt. In other words, a subject in extreme pain may provide an answer, any answer, or many answers in order to get the pain to stop” (see July 2002). [Senate Armed Services Committee, 12/11/2008 pdf file; Agence France-Presse, 4/21/2009]
Ignoring Military Objections - When Pentagon general counsel William Haynes asked Defense Secretary Donald Rumsfeld to approve 15 of 18 recommended torture techniques for use at Guantanamo (see December 2, 2002), Haynes indicated that he had discussed the matter with three officials who agreed with him: Deputy Defense Secretary Paul Wolfowitz, Undersecretary of Defense Douglas Feith, and General Richard Myers. Haynes only consulted one legal opinion, which senior military advisers had termed “legally insufficient” and “woefully inadequate.” Rumsfeld agreed to recommend the use of the tactics. [Senate Armed Services Committee, 12/11/2008 pdf file]

Entity Tags: William J. Haynes, Paul Wolfowitz, Richard (“Dick”) Cheney, Richard B. Myers, Paul Burney, Joint Personnel Recovery Agency, Douglas Feith, Donald Rumsfeld, Ahmed Chalabi, Senate Armed Services Committee, Carl Levin, US Department of Justice, Bush administration (43)

Timeline Tags: Torture of US Captives

John Yoo, the former Bush administration legal adviser who authored numerous opinions on the legality of torture, detentions without legal representation, and warrantless wiretapping (see November 6-10, 2001, December 28, 2001, January 9, 2002, August 1, 2002, and August 1, 2002, among others), writes an op-ed for the Wall Street Journal opposing the Obama administration’s intent to close the Guantanamo Bay detention facility (see January 20, 2009 and January 22, 2009)) and restrict the CIA’s ability to torture detainees (see January 22, 2009). Yoo, now a law professor and a member of the neoconservative American Enterprise Institute, writes that while President Obama’s decision “will please his base” and ease the objections to the Bush “imperial presidency,” it will “also seriously handicap our intelligence agencies from preventing future terrorist attacks.” Yoo writes that the Obama decisions mark a return “to the failed law enforcement approach to fighting terrorism that prevailed before Sept. 11, 2001.” Yoo recommends that Obama stay with what he calls “the Bush system” of handling terror suspects. Yoo fails to note that the US law enforcement system prevented, among others, the “millennium bombing” plot (see December 14, 1999), the plot to bomb New York City’s Lincoln and Holland Tunnels (see June 24, 1993), and Operation Bojinka (see January 6, 1995).
Obama Needs to be Able to Torture Prisoners Just as Bush Did, Yoo Declares - And by eschewing torture, Obama is giving up any chance on forcing information from “the most valuable sources of intelligence on al-Qaeda” currently in American custody. The Bush administration policies prevented subsequent terrorist attacks on the US, Yoo contends, and Obama will need the same widespread latitude to interrogate and torture prisoners that Bush employed: “What is needed are the tools to gain vital intelligence, which is why, under President George W. Bush, the CIA could hold and interrogate high-value al-Qaeda leaders. On the advice of his intelligence advisers, the president could have authorized coercive interrogation methods like those used by Israel and Great Britain in their antiterrorism campaigns. (He could even authorize waterboarding, which he did three times in the years after 9/11.)” It is noteworthy that Yoo refused to confirm that Bush ordered waterboarding of suspects during his previous Congressional hearings (see June 26, 2008).
Interrogations Must be 'Polite' - According to Yoo, in forcing the CIA and other US interrogators to follow the procedures outlined in the Army Field Manual, they can no longer use “coercive techniques, threats and promises, and the good-cop bad-cop routines used in police stations throughout America.… His new order amounts to requiring—on penalty of prosecution—that CIA interrogators be polite. Coercive measures are unwisely banned with no exceptions, regardless of the danger confronting the country.” [Wall Street Journal, 1/29/2009] Yoo is incorrect in this assertion. The Army Field Manual explicitly countenances many of the “coercive techniques, threats and promises, and the good-cop bad-cop routines” Yoo says it bans. Further, the Field Manual says nothing about requiring interrogators to be “polite.” [Army, 9/2006] And actual field interrogators such as the Army’s Matthew Alexander have repeatedly said that torturing prisoners is ineffective and counterproductive, while building relationships and treating prisoners with dignity during interrogations produces usable, reliable intelligence (see November 30, 2008).
Shutting Down Military Commissions - Obama’s order to stay all military commission trials and to review the case of “enemy combatant” Ali Saleh al-Marri (see June 23, 2003) is also mistaken, Yoo writes. Yoo fears that Obama will shut down the military commissions in their entirety and instead transfer detainees charged with terrorist acts into the US civilian court system. He also objects to Obama’s apparent intent to declare terrorists to be prisoners of war under the Geneva Conventions, instead of following the Bush precedent of classifying terrorists “like pirates, illegal combatants who do not fight on behalf of a nation and refuse to obey the laws of war.” To allow terror suspects to have rights under Geneva and the US legal system, Yoo asserts, will stop any possibility of obtaining information from those suspects. Instead, those suspects will begin using the legal system to their own advantage—refusing to talk, insisting on legal representation and speedy trials instead of cooperating with their interrogators. “Our soldiers and agents in the field will have to run more risks as they must secure physical evidence at the point of capture and maintain a chain of custody that will stand up to the standards of a civilian court,” Yoo writes. [Wall Street Journal, 1/29/2009] In reality, the Supreme Court’s ruling in Hamdan v. Rumsfeld (see June 30, 2006), as well as the Detainee Treatment Act (see December 15, 2005) and the Military Commissions Act (see October 17, 2006), all mandate that detainees must be handled according to the Geneva Conventions.
Risk to Americans - Another effect of transferring detainees into the civilian justice system, Yoo claims, is to allow “our enemies to obtain intelligence on us.” Defense lawyers will insist on revealing US intelligence—information and methods—in open court, and will no doubt force prosecutors to accept plea bargains “rather than risk disclosure of intelligence secrets.”
Obama 'Open[ed] the Door to Further Terrorist Acts on US Soil' - Obama said in his inaugural speech that the US must “reject as false the choice between our safety and our ideals.” Yoo calls that statement “naive,” and writes, “That high-flying rhetoric means that we must give al-Qaeda—a hardened enemy committed to our destruction—the same rights as garden-variety criminals at the cost of losing critical intelligence about real, future threats.” By making his choices, Yoo writes, “Mr. Obama may have opened the door to further terrorist acts on US soil by shattering some of the nation’s most critical defenses.” [Wall Street Journal, 1/29/2009]

Entity Tags: John C. Yoo, Barack Obama, American Enterprise Institute, Wall Street Journal, Obama administration

Timeline Tags: Torture of US Captives, Civil Liberties

Reflecting on the Bush administration’s prewar insistence that Iraq had a nuclear weapons program (see September 4, 2002, September 8, 2002, and September 8, 2002, among others), Sir Jeremy Greenstock, Britain’s former ambassador to the UN and its former special representative in Iraq, says: “When I arrived in New York, in July 1998, it was quite clear to me that all the members of the Security Council, including the United States, knew well that there was no current work being done on any kind of nuclear weapons capability in Iraq. It was, therefore, extraordinary to me that later on in this saga there should have been any kind of hint that Iraq had a current capability. Of course, there were worries that Iraq might try, if the opportunity presented itself, to reconstitute that capability. And therefore we kept a very close eye, as governments do in their various ways, on Iraq trying to get hold of nuclear base materials, such as uranium or uranium yellowcake, or trying to get the machinery that was necessary to develop nuclear-weapons-grade material. We were watching this the whole time. There was never any proof, never any hard intelligence, that they had succeeded in doing that. And the American system was entirely aware of this.” [Vanity Fair, 2/2009]

Entity Tags: United Nations Security Council, Bush administration (43), United Nations, Jeremy Greenstock

Timeline Tags: Events Leading to Iraq Invasion

In a speech at the Nixon Center, neoconservative guru Richard Perle (see 1965 and Early 1970s) attempts to drastically rewrite the history of the Bush administration and his role in the invasion of Iraq. The Washington Post’s Dana Milbank writes that listening to Perle gave him “a sense of falling down the rabbit hole.” Milbank notes: “In real life, Perle was the ideological architect of the Iraq war and of the Bush doctrine of preemptive attack (see 1987-2004, Late December 2000 and Early January 2001, March, 2001, Shortly After September 11, 2001, September 15, 2001, September 19-20, 2001, November 14, 2001, November 14, 2001, November 18-19, 2001, May 2002, August 16, 2002, November 20, 2002, January 9, 2003, February 25, 2003, and March 27, 2003). But at yesterday’s forum of foreign policy intellectuals, he created a fantastic world in which:
bullet Perle is not a neoconservative.
bullet Neoconservatives do not exist.
bullet Even if neoconservatives did exist, they certainly couldn’t be blamed for the disasters of the past eight years.” [Washington Post, 2/20/2009]
Perle had previously advanced his arguments in an article for National Interest magazine. [National Interest, 1/21/2009]
'No Such Thing as a Neoconservative Foreign Policy' - Perle tells the gathering, hosted by National Interest: “There is no such thing as a neoconservative foreign policy. It is a left critique of what is believed by the commentator to be a right-wing policy.” Perle has shaped the nation’s foreign policy since 1974 (see August 15, 1974, Early 1976, 1976, and Early 1981). He was a key player in the Reagan administration’s early attempts to foment a nuclear standoff with the Soviet Union (see Early 1981 and After, 1981 and Beyond, September 1981 through November 1983, May 1982 and After, and October 11-12, 1986). Perle denies any real involvement with the 1996 “Clean Break” document, which Milbank notes “is widely seen as the cornerstone of neoconservative foreign policy” (see July 8, 1996 and March 2007). Perle explains: “My name was on it because I signed up for the study group. I didn’t approve it. I didn’t read it.” In reality, Perle wrote the bulk of the “Clean Break” report. Perle sidesteps questions about the letters he wrote (or helped write) to Presidents Clinton and Bush demanding the overthrow of Saddam Hussein (see January 26, 1998, February 19, 1998, and September 20, 2001), saying, “I don’t have the letters in front of me.” He denies having any influence on President Bush’s National Security Strategy, which, as Milbank notes, “enshrin[ed] the neoconservative themes of preemptive war and using American power to spread freedom” (see May 1, 2001), saying: “I don’t know whether President Bush ever read any of those statements [he wrote]. My guess is he didn’t.” Instead, as Perle tells the audience: “I see a number of people here who believe and have expressed themselves abundantly that there is a neoconservative foreign policy and it was the policy that dominated the Bush administration, and they ascribe to it responsibility for the deplorable state of the world. None of that is true, of course.” Bush’s foreign policy had “no philosophical underpinnings and certainly nothing like the demonic influence of neoconservatives that is alleged.” And Perle claims that no neoconservative ever insisted that the US military should be used to spread democratic values (see 1965, Early 1970s, Summer 1972 and After, August 15, 1974, 1976, November 1976, Late November, 1976, 1977-1981, 1981 and Beyond, 1984, Late March 1989 and After, 1991-1997, March 8, 1992, July 1992, Autumn 1992, July 8, 1996, Late Summer 1996, Late Summer 1996, 1997, November 12, 1997, January 26, 1998, February 19, 1998, May 29, 1998, July 1998, February 1999, 2000, September 2000, November 1, 2000, January 2001, January 22, 2001 and After, March 12, 2001, Shortly After September 11, 2001, September 20, 2001, September 20, 2001, September 20, 2001, September 24, 2001, September 25-26, 2001, October 29, 2001, October 29, 2001, November 14, 2001, November 20, 2001, November 29-30, 2001, December 7, 2001, February 2002, April 2002, April 23, 2002, August 6, 2002, September 4, 2002, November 2002-December 2002, November 12, 2002, February 2003, February 13, 2003, March 19, 2003, December 19, 2003, March 2007, September 24, 2007, and October 28, 2007), saying, “I can’t find a single example of a neoconservative supposed to have influence over the Bush administration arguing that we should impose democracy by force.” His strident calls for forcible regime change in Iran were not what they seemed, he says: “I’ve never advocated attacking Iran. Regime change does not imply military force, at least not when I use the term” (see July 8-10, 1996, Late Summer 1996, November 14, 2001, and January 24, 2004).
Challenged by Skeptics - Former Reagan administration official Richard Burt (see Early 1981 and After and May 1982 and After), who challenged Perle during his time in Washington, takes issue with what he calls the “argument that neoconservatism maybe actually doesn’t exist.” He reminds Perle of the longtime rift between foreign policy realists and neoconservative interventionists, and argues, “You’ve got to kind of acknowledge there is a neoconservative school of thought.” Perle replies, “I don’t accept the approach, not at all.” National Interest’s Jacob Heilbrunn asks Perle to justify his current position with the title of his 2003 book An End to Evil. Perle claims: “We had a publisher who chose the title. There’s hardly an ideology in that book.” (Milbank provides an excerpt from the book that reads: “There is no middle way for Americans: It is victory or holocaust. This book is a manual for victory.”) Perle blames the news media for “propagat[ing] this myth of neoconservative influence,” and says the term “neoconservative” itself is sometimes little more than an anti-Semitic slur. After the session, the moderator asks Perle how successful he has been in making his points. “I don’t know that I persuaded anyone,” he concedes. [Washington Post, 2/20/2009]
'Richard Perle Is a Liar' - Harvard professor Stephen Walt, a regular columnist for Foreign Policy magazine, writes flatly, “Richard Perle is a liar.” He continues: “[K]ey neoconservatives like Douglas Feith, I. Lewis ‘Scooter’ Libby, Paul Wolfowitz, and others [were] openly calling for regime change in Iraq since the late 1990s and… used their positions in the Bush administration to make the case for war after 9/11, aided by a chorus of sympathetic pundits at places like the American Enterprise Institute, and the Weekly Standard. The neocons were hardly some secret cabal or conspiracy, as they were making their case loudly and in public, and no serious scholar claims that they ‘bamboozled’ Bush and Cheney into a war. Rather, numerous accounts have documented that they had been openly pushing for war since 1998 and they continued to do so after 9/11.… The bottom line is simple: Richard Perle is lying. What is disturbing about this case is is not that a former official is trying to falsify the record in such a brazen fashion; Perle is hardly the first policymaker to kick up dust about his record and he certainly won’t be the last. The real cause for concern is that there are hardly any consequences for the critical role that Perle and the neoconservatives played for their pivotal role in causing one of the great foreign policy disasters in American history. If somebody can help engineer a foolish war and remain a respected Washington insider—as is the case with Perle—what harm is likely to befall them if they lie about it later?” [Foreign Policy, 2/23/2009]

Entity Tags: Richard Perle, Jacob Heilbrunn, Lewis (“Scooter”) Libby, George W. Bush, Douglas Feith, Dana Milbank, Bush administration (43), Stephen Walt, Paul Wolfowitz, Richard Burt

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

Condoleezza Rice on the Charlie Rose show.Condoleezza Rice on the Charlie Rose show. [Source: PBS]Former Secretary of State Condoleezza Rice tells PBS’s Charlie Rose that “no one” in the White House ever asserted that Saddam Hussein had any connections to 9/11. Rose says, “But you didn’t believe [the Hussein regime] had anything to do with 9/11.” Rice replies: “No. No one was arguing that Saddam Hussein somehow had something to do with 9/11.… I was certainly not. The president was certainly not.… That’s right. We were not arguing that.” Rice refuses to answer Rose’s question asking if former Vice President Dick Cheney ever tried to make the connection. In reality, former President Bush and his top officials, including Cheney and Rice, worked diligently to reinforce a connection between Iraq and 9/11 in the public mind before the March 2003 invasion (see (Between 10:30 a.m. and 12:00 p.m.) September 11, 2001, Shortly After September 11, 2001, Shortly After September 11, 2001, After September 11, 2001, Mid-September, 2001, September 17, 2001, September 19, 2001, September 20, 2001, September 28, 2001, November 6-8, 2001, December 9, 2001, 2002-March 2003, March 19, 2002, June 21, 2002, July 25, 2002, August 2002, August 20, 2002, September 12, 2002, September 16, 2002, September 21, 2002, September 25, 2002, September 26, 2002, September 27, 2002, September 28, 2002, October 7, 2002, October 7, 2002, October 15, 2002, December 2, 2002, December 12, 2002, January 26, 2003, January 28, 2003, Early February 2003, February 5, 2003, (2:30 a.m.-9:00 a.m.) February 5, 2003, February 5, 2003, February 6, 2003, February 11 or 12, 2003, and February 17, 2003). [Think Progress, 3/19/2009]

Entity Tags: Saddam Hussein, Bush administration (43), Charlie Rose, Richard (“Dick”) Cheney, George W. Bush, Condoleezza Rice

Timeline Tags: Events Leading to Iraq Invasion

Logo for the Foreign Policy Initiative.Logo for the Foreign Policy Initiative. [Source: Foreign Policy Initiative]Neoconservatives form a new think tank to rehabilitate their image and regain some of the influence they had under the Bush administration, according to news reports. The Foreign Policy Initiative (FPI) is headed by Weekly Standard publisher William Kristol, foreign policy consultant Robert Kagan, and former Bush administration official Dan Senor. Its first activity will be to sponsor a March 31 conference (see March 31, 2009) pushing for a US “surge” in Afghanistan similar to the one Kagan helped plan for Iraq (see January 2007).
Successor to PNAC - Many see the FPI as the logical successor to Kristol and Kagan’s previous neoconservative organization, the now-defunct Project for the New American Century (PNAC—see January 26, 1998). PNAC’s membership roll included many prominent Bush administration officials, including then-Vice President Dick Cheney and the Defense Department’s top two officials, Donald Rumsfeld and Paul Wolfowitz.
Employees - Information about FPI’s creation is initially sketchy, with the organization deliberately avoiding media attention. Two of its three listed staff members, Jamie Fly and Christian Whiton, are former Bush administration officials, while the third, Rachel Hoff, last worked for the National Republican Congressional Committee.
Mission Statement; Conflict with China, Russia - FPI’s mission statement says that the “United States remains the world’s indispensable nation,” and warns that “strategic overreach is not the problem and retrenchment is not the solution” to Washington’s current financial and strategic woes. It calls for “continued engagement—diplomatic, economic, and military—in the world and rejection of policies that would lead us down the path to isolationism.” The statement lists a number of threats to US security, including “rogue states,” “failed states,” “autocracies,” and “terrorism,” but focuses primarily on the “challenges” posed by “rising and resurgent powers,” of which only China and Russia are named. Kagan has argued that the 21st century will be dominated by an apocalyptic struggle between the forces of democracy, led by the US, and the forces of autocracy, led by China and Russia. He has called for the establishment of a League of Democracies to oppose China and Russia; the FPI statement stresses the need for “robust support for America’s democratic allies.” Apparently, confrontation with China and Russia will be the centerpiece of FPI’s foreign policy stance, a similar position to that taken by the Bush administration before the 9/11 attacks.
Reactions to New Think Tank - Steven Clemons of the New America Foundation says: “This reminds me of the Project for the New American Century. Like PNAC, it will become a watering hole for those who want to see an ever-larger US military machine and who divide the world between those who side with right and might and those who are evil or who would appease evil.” Reporters Daniel Luban and Jim Lobe write, “[T]he formation of FPI may be a sign that its founders hope once again to incubate a more aggressive foreign policy during their exile from the White House, in preparation for the next time they return to political power.” [Inter Press Service, 3/25/2009]

Entity Tags: Jim Lobe, Dan Senor, Christian Whiton, Daniel Luban, Jamie Fly, Rachel Hoff, Steve Clemons, Foreign Policy Initiative, Project for the New American Century, William Kristol, Robert Kagan

Timeline Tags: Neoconservative Influence

Former Project for the New American Century (PNAC) member Michael Goldfarb, a former spokesman for the presidential campaign of John McCain (R-AZ) and an editor of the neoconservative Weekly Standard, touts the Foreign Policy Initiative (FPI), a new neoconservative think tank (see Before March 25, 2009), as the new PNAC. On Twitter, Goldfarb writes, “PNAC=Mission Accomplished; New mission begins tomorrow morning with the launch of FPI.” [Think Progress, 3/31/2009]

Entity Tags: Foreign Policy Initiative, Project for the New American Century, Michael Goldfarb

Timeline Tags: Neoconservative Influence

Investigative reporter Seymour Hersh discusses his recent allegation that what he calls an “executive assassination wing” was run from the office of former Vice President Dick Cheney (see March 10, 2009). Interviewer Amy Goodman opens her segment with Hersh by playing what was apparently an implicit confirmation, to an extent, of Hersh’s claims from a former Cheney aide (see March 30, 2009). Hersh notes that the comments from the former aide, John Hannah, verify that “yes, we go after people suspected—that was the word he used—of crimes against America. And I have to tell you that there’s an executive order, signed by Jerry Ford, President Ford, in the ‘70s, forbidding such action. It’s not only contrary—it’s illegal, it’s immoral, it’s counterproductive.” Of the allegations that the “assassination wing” is operated through the military’s Joint Special Operations Command (JSOC), Hersh says: “[T]he problem with having military go kill people when they’re not directly in combat, these are asking American troops to go out and find people and… they go into countries without telling any of the authorities, the American ambassador, the CIA chief, certainly nobody in the government that we’re going into, and it’s far more than just in combat areas. There’s more—at least a dozen countries and perhaps more. [President Bush] has authorized these kinds of actions in the Middle East and also in Latin America, I will tell you, Central America, some countries. They’ve been—our boys have been told they can go and take the kind of executive action they need, and that’s simply—there’s no legal basis for it.… [T]he idea that the American president would think he has the constitutional power or the legal right to tell soldiers not engaged in immediate combat to go out and find people based on lists and execute them is just amazing to me.… And not only that, Amy, the thing about George Bush is, everything’s sort of done in plain sight. In his State of the Union address (see 9:01 pm January 28, 2003)… about a month and a half before we went into Iraq, Bush was describing the progress in the war, and he said—I’m paraphrasing, but this is pretty close—he said that we’ve captured more than 3,000 members of al-Qaeda and suspected members, people suspected of operations against us. And then he added with that little smile he has, ‘And let me tell you, some of those people will not be able to ever operate again. I can assure you that. They will not be in a position.’ He’s clearly talking about killing people, and to applause. So, there we are. I don’t back off what I said. I wish I hadn’t said it ad hoc… sometimes when you speak off the top, you’re not as precise.” JSOC, Hersh explains, is a group of Navy Seals, Delta Force soldiers, and other “commandos” (a word the soldiers don’t prefer, but, Hersh says, most journalists use), which has been “transmogrified, if you will, into this unit that goes after high-value targets.” Hersh explains the involvement of Cheney’s office: “And where Cheney comes in and the idea of an assassination ring—I actually said ‘wing,’ but of an assassination wing—that reports to Cheney was simply that they clear lists through the vice president’s office. He’s not sitting around picking targets. They clear the lists. And he’s certainly deeply involved, less and less as time went on, of course, but in the beginning very closely involved.” Goodman concludes by asking, “One question: Is the assassination wing continuing under President Obama?” Hersh replies: “How do I know? I hope not.” [Democracy Now!, 3/31/2009]

Entity Tags: Seymour Hersh

Timeline Tags: Civil Liberties

The Center for American Progress (CAP), a progressive think tank and lobbying organization, releases a report that says the “tea party” movement protesting the various policies of the Obama administration (see April 8, 2009) is not, as purported, entirely a grassroots movement of ordinary citizens, but an “astroturf” movement created, organized, and funded by powerful conservative and industry firms and organizations. (CAP notes that the anti-tax “tea parties,” with “tea” standing for “Taxed Enough Already,” fail to note that President Obama’s recent legislation actually has cut taxes for 95 percent of Americans.) Two of the most prominent organizations behind the “tea parties” are FreedomWorks and Americans for Progress (AFP). FreedomWorks (see April 14, 2009) is a corporate lobbying firm run by former House Majority Leader Dick Armey (R-TX), and organized the first “tea party,” held in Tampa, Florida, on February 27. It then began planning and organizing “tea parties” on a national scale; officials coordinated logistics, called conservative activists, and provided activists with sign ideas and slogans and talking points to use during protests. AFP has coordinated with FreedomWorks. AFP is a corporate lobbying firm run by Tim Phillips, a former lobbying partner of conservative activist Ralph Reed, and funded in part by Koch Industries, the largest private oil corporation in America (see May 29, 2009). Former House Speaker Newt Gingrich (R-GA) is also involved, through his lobbying form American Solutions for Winning the Future, which is supported by oil companies.
Support, Promotion from Fox News - On cable news channels, Fox News and Fox Business have run promotions for the “tea parties” in conjunction with enthusiastic reports promoting the affairs (see April 13-15, 2009, April 15, 2009, April 15, 2009, and April 6-13, 2009); in return, the organizers use the Fox broadcasts to promote the events. Fox hosts Glenn Beck, Neil Cavuto, and Sean Hannity all plan to broadcast live reports from the events. Fox also warns its viewers that the Obama administration may send “spies” to the events. (Fox justifies its depth of coverage by saying that it provided similar coverage for the 1995 Million Man March. However, Fox did not begin broadcasting until 1996—see October 7, 1996.)
Republican Support - Congressional Republicans have embraced the “tea parties” as ways to oppose the Obama administration. Many leading Republicans, such as Minority Leader John Boehner (R-OH), Paul Ryan (R-WI), and some 35 others, will speak at AFP-funded “tea parties.” Republican National Committee Chairman Michael Steele has moved the RNC to officially support the protests. And Senator David Vitter (R-LA) has introduced legislation formally honoring April 15 as “National Tea Party Day.” “It’s going to be more directed at Obama,” says reporter and commentator Ana Marie Cox. “This is very much, I think, part of the midterm strategy” to win elections in 2010.
Fringe Elements - According to CAP, many “fringe” elements of the conservative movement—including “gun rights militias, secessionists, radical anti-immigrant organizations, and neo-Nazi groups”—are involved in the “tea parties.” [Think Progress, 4/15/2009; Think Progress, 5/29/2009]

Entity Tags: Ralph Reed, Republican National Committee, Paul Ryan, Tim Phillips, Obama administration, Sean Hannity, Newt Gingrich, John Boehner, Michael Steele, Barack Obama, Neil Cavuto, Center for American Progress, Ana Marie Cox, Americans for Progress, Fox Business Channel, Fox News, Koch Industries, David Vitter, American Solutions for Winning the Future, FreedomWorks, Glenn Beck, Dick Armey

Timeline Tags: Domestic Propaganda, 2010 Elections

The White House releases four key Justice Department memos documenting the CIA’s use of harsh interrogation methods—torture—against suspected terrorists. The memos were released as a result of a Freedom of Information Act lawsuit filed by the American Civil Liberties Union (ACLU). The documents show that two high-level detainees were subjected to waterboarding at least 266 times between them. Al-Qaeda operative Abu Zubaida was waterboarded at least 83 times in August 2002, contradicting earlier CIA reports that he “broke” after a single waterboarding session (see December 10, 2007). Confessed 9/11 mastermind Khalid Shaikh Mohammed was waterboarded at least 183 times in March 2003. The so-called “insect” technique—exposure to insects within an enclosed box—was approved for use on Zubaida, but apparently never used. Numerous prisoners were subjected to “walling” and “sleep deprivation,” with at least one detainee subjected to the technique for 180 hours (over seven days). Three of the memos were written by then-Office of Legal Counsel (OLC) chief Steven Bradbury in May 2005 (see May 10, 2005, May 10, 2005, and May 30, 2005), and the fourth by Bradbury’s predecessor, Jay Bybee, in August 2002 (see August 1, 2002). [American Civil Liberties Union, 4/16/2009; New York Times, 4/19/2009; BBC, 4/23/2009] Senate Judiciary Committee chairman Patrick Leahy (D-VT) says: “These legal memoranda demonstrate in alarming detail exactly what the Bush administration authorized for ‘high value detainees’ in US custody. The techniques are chilling. This was not an ‘abstract legal theory,’ as some former Bush administration officials have characterized it. These were specific techniques authorized to be used on real people.” [CNN, 4/17/2009] House Judiciary Committee chairman John Conyers (D-MI) agrees, saying: “This release, as well as the decision to ban the use of such techniques in the future, will strengthen both our national security and our commitment to the rule of law and help restore our country’s standing in the international community. The legal analysis and some of the techniques in these memos are truly shocking and mark a disturbing chapter in our nation’s history.” [Think Progress, 4/16/2009] Senate Intelligence Committee chairwoman Dianne Feinstein (D-CA), whose committee is conducting an investigation of abusive interrogation methods used during the Bush administration, says Bush officials “inaccurately interpreted” the Geneva Conventions prohibiting torture. “I find it difficult to understand how the opinions found these interrogation techniques to be legal,” she says. “For example, waterboarding and slamming detainees head-first into walls, as described in the OLC opinions, clearly fall outside what is legally permissible.” [United Press International, 4/16/2009]
White House Condemns Methods, Opposes Investigations - Attorney General Eric Holder says of the memos: “The president has halted the use of the interrogation techniques described in these opinions, and this administration has made clear from day one that it will not condone torture. We are disclosing these memos consistent with our commitment to the rule of law.” Holder adds that, according to a Justice Department statement, “intelligence community officials who acted reasonably and relied in good faith on authoritative legal advice from the Justice Department that their conduct was lawful, and conformed their conduct to that advice, would not face federal prosecutions for that conduct.” Holder states, “It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department.” [US Department of Justice, 4/16/2009] President Obama condemns what he calls a “dark and painful chapter in our history,” and promises that such torture techniques will never be used again. However, he restates his opposition to a lengthy investigation into the program, saying that “nothing will be gained by spending our time and energy laying blame for the past.” In contrast, Leahy says that the memos illustrate the need for an independent investigation. Dennis Blair, the director of national intelligence, points out that the memos were written at a time when the CIA was working to prevent a repeat of the 9/11 attacks. “Those methods, read on a bright, sunny, safe day in April 2009, appear graphic and disturbing,” he says. “But we will absolutely defend those who relied on these memos.” [New York Times, 4/19/2009] The ACLU demands criminal prosecution of Bush officials for their torture policies (see April 16, 2009). [American Civil Liberties Union, 4/16/2009]
Techniques Include Waterboarding, Insect Exposure, 'Walling' - The memos show that several techniques were approved for use, including waterboarding, exposure to insects within a “confinement box,” being slammed into a wall, sleep deprivation, stress positions, forced nudity, and others. [American Civil Liberties Union, 4/16/2009; New York Times, 4/19/2009; BBC, 4/23/2009]
Waterboarded Well beyond Allowed Procedures - Because the information about the waterboarding of Zubaida and Mohammed comes from the classified and heavily redacted CIA’s inspector general report, which has not yet been released to the public, the information is at least in part based on the videotapes of Zubaida’s interrogation sessions that were later destroyed by CIA officials (see March 6, 2009). The CIA memo explained that detainees could be waterboarded between 12 and 18 times in a single day, but only on five days during a single month—which mathematically only adds up to 90 times in a month, and thus does not explain how Mohammed could have been waterboarded 183 times in a month if these procedures were being followed. The memos also reveal that in practice, the waterboarding went far beyond the methodologies authorized by the Justice Department and used in SERE training (see December 2001 and July 2002).
Information Unearthed by Blogger - Initial media reports fail to divulge the extraordinary number of times Zubaida and Mohammed were waterboarded. It falls to a blogger, Marcy Wheeler, to unearth the information from the CIA memo and reveal it to the public (see April 18, 2009). [Marcy Wheeler, 4/18/2009]

Entity Tags: Marcy Wheeler, Central Intelligence Agency, Dennis C. Blair, Khalid Shaikh Mohammed, Dianne Feinstein, Jay S. Bybee, Geneva Conventions, Eric Holder, Barack Obama, Bush administration (43), John Conyers, Office of Legal Counsel (DOJ), US Department of Justice, American Civil Liberties Union, Steven Bradbury, Patrick J. Leahy, Abu Zubaida, Obama administration

Timeline Tags: Torture of US Captives

Marcy Wheeler.Marcy Wheeler. [Source: Project Censored]Progressive blogger Marcy Wheeler, who posts under the moniker “emptywheel” at FireDogLake.com, finds that, upon careful perusal of the March 30, 2005 CIA torture memo just released by the Obama administration (see May 30, 2005 and April 16, 2009), two suspected terrorists, Abu Zubaida and Khalid Shaikh Mohammed, were waterboarded 266 times. Initial, more cursory news reports on the memo did not reveal this fact. The next day, the New York Times will cite Wheeler in its report on the discovery. [Marcy Wheeler, 4/18/2009; New York Times, 4/19/2009] Wheeler writes: “The CIA wants you to believe waterboarding is effective. Yet somehow, it took them 183 applications of the waterboard in a one month period to get what they claimed was cooperation out of KSM. That doesn’t sound very effective to me.” [Marcy Wheeler, 4/18/2009] Days later, an unidentified “US official with knowledge of the interrogation program” will tell a Fox News reporter that the claim of 183 waterboardings for Mohammed is inaccurate and misleading. Mohammed was only waterboarded five times, the official will claim. The figure of 183 is the number of “pours” Mohammed was subjected to. “The water was poured 183 times—there were 183 pours,” the official says, adding, “[E]ach pour was a matter of seconds.” The report of five waterboardings for Mohammed comes from a 2007 Red Cross report, the official will say. [Fox News, 4/28/2009]

Entity Tags: Marcy Wheeler, Obama administration, FireDogLake (.com), Central Intelligence Agency, Abu Zubaida, New York Times, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Brian Kilmeade.Brian Kilmeade. [Source: Chattahbox (.com)]Brian Kilmeade, a co-host of Fox News’s morning broadcast Fox and Friends, says he “feel[s] better” knowing that alleged 9/11 mastermind Khalid Shaikh Mohammed was waterboarded 183 times in a single month (see April 16, 2009 and April 18, 2009). “Guess what?” Kilmeade says. “Maybe if he were so scared of caterpillars [referring to militant training camp facilitator Abu Zubaida’s torture by insects—see August 1, 2002]… maybe he should have thought about that before he helped plot the taking down of 3,000-plus people on 9/11.” (Kilmeade is either unaware of, or ignoring, reports that show Zubaida may not have been a member of al-Qaeda and had no involvement in the 9/11 planning—see March 28, 2002, Shortly After March 28, 2002, and April 9, 2002 and After.) Kilmeade continues: “Khalid Shaikh Mohammed, I understand, was waterboarded 183 times. Did anyone care about that? Does anyone in America walk around going, ‘I’m really upset that the mastermind of 9/11 was waterboarded 183 times.’ That makes me feel better.… It’s unbelievable that people care more about Khalid Shaikh Mohammed, uh, his health, than they would about the future attacks that are being hatched.” [Media Matters, 4/20/2009]

Entity Tags: Khalid Shaikh Mohammed, Brian Kilmeade, Fox News

Timeline Tags: Torture of US Captives

Following the release of a set of Bush administration memos about torture (see April 16, 2009) and the discovery that militant training camp facilitator Abu Zubaida was waterboarded 83 times in one month (see April 18, 2009), some commentators recall comments made by former CIA officer John Kiriakou.
Kiriakou's Media Blitz - In late 2007, shortly after the CIA admitted destroying videos of Zubaida (see November 2005 and December 6, 2007), Kiriakou toured media outlets, saying that Zubaida had only been waterboarded once (see December 10, 2007 and December 11, 2007). New York Times reporter Brian Stelter writes the most comprehensive treatment of Kiriakou’s “media blitz,” in an article entitled “How ‘07 ABC Interview Tilted a Torture Debate.” He points out that Kiriakou’s claim of only one waterboarding was “repeated by dozens of broadcasts, blogs, and newspapers” and “quickly ricocheted around the media.” This despite the fact that Kiriakou was not present at the black site where Zubaida was interrogated, and only learned of his treatment from reading accounts from the field. This injected the claim of one waterboarding into the public debate without the CIA having to make it itself. When asked about the false claim, CIA spokesman Paul Gimigliano replies: “This agency did not publicly disclose the frequency with which the waterboard was used, noting only that it was employed with three detainees. If reporters got that wrong, they weren’t misled from here.”
Waterboarding Was Necessary - In addition, Kiriakou said that at the time it did produce results and he had thought it was necessary then, statements that were repeated and amplified around the media. The net effect of his interjection in the debate was to make the torture seem much less harsh than it really was, diverting criticism away from the CIA. [New York Times, 4/28/2009]
CIA Media Plant? - Numerous other commentators will make similar points. For example, in a piece entitled “John Kiriakou: CIA Media Plant?” Foreign Policy magazine commentator Annie Lowery says: “It all seems a bit strange to me, and leads to one obvious possibility: John Kiriakou—telegenic and well-spoken John Kiriakou, who never went to jail for blasting state secrets on television—was told the story to tell and released onto an unsuspecting public. It’s an impression the CIA will have difficulty dulling now.” [Foreign Policy, 4/28/2009]
Kiriakou Admits He Was Wrong - In 2010, Kiriakou will publish a book and in it he will mention in passing that his earlier claims were wrong. He did not take part in Zubaida’s interrogation and he was wrong about Zubaida being only waterboarded one time, and about him freely confessing afterwards. He will claim that he was a dupe used by the CIA to promote disinformation, writing, “In retrospect, it was a valuable lesson in how the CIA uses the fine arts of deception even among its own.” [Foreign Policy, 1/26/2010]

Entity Tags: John Kiriakou, Paul Gimigliano, Brian Stelter, Central Intelligence Agency, Annie Lowery

Timeline Tags: Complete 911 Timeline

Experts say that the so-called “ticking time bomb” scenario, which is often used to justify the use of torture, is fallacious. Many novels (see 1960), movies, and television shows, most recently Fox’s 24 (see Fall 2006), routinely portray a time-critical scene where the hero of the story must torture a prisoner to obtain information needed to avert an imminent attack, usually the “ticking time bomb” planted and ready to explode. Terrorism expert Bruce Hoffman says that such scenarios are dubious at best. “I’ve personally been told that they happen but I have to admit that in the years, in now the decade I have been told about it, I have become increasingly skeptical,” he says. “A ticking bomb becomes a default assumption which in turn becomes a legitimization or justification for torture. And in actual fact, even though people have told me about it, I have yet to see an actual documented case independently of what I was told.” Former CIA agent Michael Scheuer says that he knows of cases where torture elicited useful and critical information, but refuses to give specifics. CIA officials are unwilling or unable to provide details of the effectiveness of techniques such as waterboarding. Former military interrogator Matthew Alexander (see December 2-4, 2008) says of the CIA’s waterboarding of Khalid Shaikh Mohammed (see April 16, 2009 and April 18, 2009), “What I get most out of the waterboarding of Khalid Shaikh Mohammed is that any approach—I don’t care what it is—if you have to do it 183 times, it is not working,” he says. “When they did use the waterboard on Khalid Shaikh Mohammed, what they were getting each time was the absolute minimum he could get away with. And that’s what you get when you use torture—you get the absolute minimum amount of information.” [National Public Radio, 5/5/2009]

Entity Tags: Bruce Hoffman, Matthew Alexander, Michael Scheuer, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Niger Uranium and Plame Outing

Federal judge Emmet Sullivan rules that the FBI must publicly reveal information from its 2004 interview with then-Vice President Dick Cheney during the Valerie Plame Wilson leak investigation (see May 8, 2004). The information has been kept classified by both the Bush and Obama administrations, who have argued that future presidents, vice presidents, and their senior staff may not cooperate with criminal investigations if they know what they say could became public. Sullivan rules that there is no justification to withhold the FBI records of Cheney’s interview, since the leak investigation has long since concluded. Further, the idea that such a judgment may lead to future reluctance to cooperate with investigations is ‘incurably speculative’ and cannot affect his judgment. To rule in favor of the Bush and Obama administrations, Sullivan says, would be “breathtakingly broad” and “be in direct contravention of ‘the basic policy’ of” the Freedom of Information Act. He does allow some portions, affecting national security and private communications between Cheney and former President Bush, to be redacted. Those portions include details about Cheney’s talks with then-CIA Director George Tenet about Joseph Wilson’s trip to Niger (see February 21, 2002-March 4, 2002), talks with then-National Security Adviser Condoleezza Rice, discussions about Bush’s 2003 State of the Union address (see Mid-January 2003 and 9:01 pm January 28, 2003), discussions about how to respond to press inquiries about the leak of Plame Wilson’s identity, and Cheney’s involvement in declassification discussions. The Justice Department has previously indicated that it would appeal any ruling allowing the information of Cheney’s testimony to be made public. The declassification was sparked by a July 2008 lawsuit filed by the watchdog organization Citizens for Responsibility and Ethics in Washington (CREW), who filed a Freedom of Information Act request with the Justice Department seeking records related to Cheney’s interview in the investigation. In August, CREW sued for the records. CREW’s Melanie Sloan says the group hopes the Obama administration will reveal the entire record in the interest of transparency. “The American people deserve to know the truth about the role the vice president played in exposing Mrs. Wilson’s covert identity,” she says. “High-level government officials should not be permitted to hide their misconduct from public view.” [Associated Press, 10/1/2009; Politico, 10/1/2009]

Entity Tags: Melanie Sloan, Citizens for Responsibility and Ethics in Washington, Bush administration (43), Condoleezza Rice, George W. Bush, Obama administration, Richard (“Dick”) Cheney, Valerie Plame Wilson, US Department of Justice, Federal Bureau of Investigation

Timeline Tags: Niger Uranium and Plame Outing

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