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Profile: John Dion

John Dion was a participant or observer in the following events:

The Justice Department authorizes the FBI to open a criminal investigation into leaks of CIA agent Valerie Plame Wilson’s covert identity by sources within the Bush administration (see July 14, 2003, July 30, 2003, and September 16, 2003). [MSNBC, 2/21/2007; Washington Post, 7/3/2007] The investigation is headed by the Justice Department’s counterespionage chief, John Dion. [Vanity Fair, 1/2004]
Questions of Impartiality - Dion is a veteran career prosecutor who has headed the counterespionage section since 2002. He will rely on a team of a half-dozen investigators, many of whom have extensive experience in investigating leaks. However, some administration critics are skeptical of Dion’s ability to run an impartial investigation: he will report to the Justice Department’s Robert McCallum, who is an old friend and Yale classmate of President Bush. Both Bush and McCallum were members of the secret Skull & Bones Society at Yale. Others believe the investigation will be non-partisan. “I believe that the career lawyers in Justice—the people who preceded [Attorney General] John Ashcroft and who will be there after he leaves—will do a nonpolitical investigation, an honest investigation,” says legal ethics specialist Stephen Gillers. “Ashcroft’s sole job is to stay out of it.” [Associated Press, 10/2/2003; Los Angeles Times, 10/2/2003]
CIA Director Filed Request - The request for an investigation (see September 16, 2003) was filed by CIA Director George Tenet; a CIA official says Tenet “doesn’t like leaks.” White House press secretary Scott McClellan says he knows of no leaks about Wilson’s wife: “That is not the way this White House operates, and no one would be authorized to do such a thing. I don’t have any information beyond an anonymous source in a media report to suggest there is anything to this. If someone has information of this nature, then he or she should report it to the Department of Justice.” McClellan calls Joseph Wilson’s charges that deputy White House chief of staff Karl Rove leaked his wife’s name (see August 21, 2003) “a ridiculous suggestion” that is “simply not true.” A White House official says that two administration sources (later revealed to be Rove and Deputy Secretary of State Richard Armitage—see June 13, 2003, July 8, 2003, and 11:00 a.m. July 11, 2003) leaked Plame Wilson’s name to six separate journalists (see Before July 14, 2003). The White House is notoriously intolerant of leaks, and pursues real and supposed leakers with vigor. Wilson says that if the White House did indeed leak his wife’s name, then the leak was part of what he calls “a deliberate attempt on the part of the White House to intimidate others and make them think twice about coming forward.” [Washington Post, 9/28/2003]
White House, Democrats Respond - National Security Adviser Condoleezza Rice says that the White House is willing to have the Justice Department investigate the charges. “I know nothing of any such White House effort to reveal any of this, and it certainly would not be the way that the president would expect his White House to operate,” she tells Fox News. “My understanding is that in matters like this, a question like this is referred to the Justice Department for appropriate action and that’s what is going to be done.” However, some Democrats want more. Senator Charles Schumer (D-NY) says the Justice Department should appoint a special counsel to investigate the charges, since the department has an inherent conflict of interest: “I don’t see how it would be possible for the Justice Department to investigate whether a top administration official broke the law and endangered the life of this agent (see July 21, 2003). Even if the department were to do a thorough and comprehensive investigation, the appearance of a conflict could well mar its conclusions.… Leaking the name of a CIA agent is tantamount to putting a gun to that agent’s head. It compromises her safety and the safety of her loved ones, not to mention those in her network of intelligence assets. On top of that, it poses a serious threat to the national security of this nation.” Representative Richard Gephardt (D-MO) says the White House should find out who is responsible for the leak, and Congress should investigate the matter as well. [Washington Post, 9/28/2003; Fox News, 9/29/2003]
FBI Will Acknowledge Investigation - The FBI officially acknowledges the investigation on September 30 (see September 30, 2003), and informs the White House of the investigation. [New York Times, 2006]

Entity Tags: Richard Gephardt, Karl C. Rove, Richard Armitage, Stephen Gillers, US Department of Justice, Joseph C. Wilson, Valerie Plame Wilson, Scott McClellan, John Dion, Robert McCallum, George W. Bush, Charles Schumer, Condoleezza Rice, Bush administration (43), George J. Tenet, Federal Bureau of Investigation, John Ashcroft

Timeline Tags: Niger Uranium and Plame Outing

FBI agents investigating the Plame Wilson identity leak inform Attorney General John Ashcroft that they believe White House political strategist Karl Rove and conservative columnist Robert Novak may be conspiring to hide the truth behind Rove’s involvement in the leak. They also inform Ashcroft that they believe Lewis Libby, the chief of staff to Vice President Dick Cheney, has lied to FBI investigators about his role in leaking Plame Wilson’s identity to the press. Although it is unclear who provides this briefing to Ashcroft, he is usually briefed on the status of the investigation by John Dion, the head of the FBI investigation, and Christopher Wray, the assistant attorney general in charge of the criminal division. [National Journal, 5/25/2006; National Journal, 6/8/2006]
Novak's Attempt to Protect Rove - They inform Ashcroft of a telephone conversation between Rove and Novak, in which Novak promised to protect Rove from the FBI investigation, presumably by either refusing to disclose him as a source of his knowledge of Plame Wilson’s identity (see September 29, 2003) or lying to investigators. Although Ashcroft receives routine briefings on the status of the FBI investigation, the bureau considers this important enough to warrant a special briefing for him on the matter. The FBI believes that after the conversation with Rove, Novak did indeed change his story about the leak, characterizing White House officials’ role in it as entirely passive. A week after Novak publicly outed Plame Wilson, he told reporters that he didn’t “dig out” the Plame Wilson information, but rather “it was given to me.… They thought it was significant. They gave me the name, and I used it” (see July 21, 2003). This account suggests that Rove was actively trying to expose Plame Wilson as a CIA officer, as reporter Murray Waas will later write. But the same day he spoke with Rove, Novak provided a different story, saying no one at the White House gave him the information (see September 29, 2003). Novak’s first story fits more closely with accounts later given by reporters such as Time’s Matthew Cooper (see July 13, 2005) and the New York Times’s Judith Miller (see September 30, 2005). [National Journal, 5/25/2006]
Libby's Lies to FBI - The FBI also informs Ashcroft that it has acquired evidence—personal notes from Libby—that contradicts Libby’s assertions that he learned of Plame Wilson’s identity from journalists (see October 14, 2003). Libby also told investigators that he had merely considered the information about Plame Wilson’s covert CIA status “unsubstantiated rumors” when he leaked that information to reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, Late Afternoon, July 12, 2003, and 2:24 p.m. July 12, 2003), another lie. [National Journal, 6/8/2006]
Ashcroft Declines to Recuse Himself - Ashcroft will recuse himself from participation in the investigation in December, in part because of the potential of a conflict of interest stemming from his previous relationship with Rove (see December 30, 2003) as well as other White House officials. Some FBI investigators believe that he should have recused himself as soon as he learned that Rove and Libby were possibly involved in the leak; some have also noted privately that many of Ashcroft’s top aides came from the Republican National Committee (RNC), which they suspect has been working closely with the White House to pressure Ashcroft not to name a special prosecutor. In 2006, law professor Stephen Gillers will say: “There is always going to be an interim period during which you decide you will recuse or not recuse. But [Ashcroft] should have had an ‘aha!’ moment when he learned that someone, figuratively, or in this case literally, next door to the president of the United States—who was Ashcroft’s boss—was under suspicion.” Ashcroft’s spokesman Mark Corallo has explained that Ashcroft declined to recuse himself because of his intense interest in the probe. Corallo will later become the spokesman for Rove. Fellow law professor Charles Wolfram, like Gillers a specialist in legal ethics, agrees with Gillers. In 2006, Wolfram says the “most distressing” ethical aspect of the case is that Ashcroft continued overseeing the probe even after Cheney’s name arose. “This should have been a matter of common sense,” Wolfram will note. Ashcroft “should have left it to career prosecutors whether or not to go after politically sensitive targets. You can’t have Ashcroft investigate the people who appointed him or of his own political party.” [National Journal, 6/8/2006]

Entity Tags: Karl C. Rove, Christopher Wray, Charles Wolfram, Federal Bureau of Investigation, John Dion, Richard (“Dick”) Cheney, Mark Corallo, Stephen Gillers, John Ashcroft, Murray Waas, Lewis (“Scooter”) Libby, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

The FBI says it is doubling the number of investigators it has assigned to the Plame Wilson leak investigation. Originally the investigation had about six investigators operating under the guidance of veteran FBI prosecutor and counterespionage chief John Dion (see September 26, 2003), but the bureau now says it will assign about 12 agents and other personnel to it. Because of the volume of records that may have to be reviewed, “it just made sense to increase our numbers,” says a senior FBI official. “Six people can’t do this alone.” [New York Times Magazine, 10/10/2003]

Entity Tags: Federal Bureau of Investigation, Valerie Plame Wilson, John Dion

Timeline Tags: Niger Uranium and Plame Outing

Patrick Fitzgerald.Patrick Fitzgerald. [Source: US Department of Justice]Citing potential conflicts of interest, Attorney General John Ashcroft formally recuses himself from any further involvement in the investigation of the Valerie Plame Wilson identity leak (see September 26, 2003 and September 30, 2003). The Justice Department names Patrick Fitzgerald, the US attorney for the Chicago region, to handle the investigation. In a letter to Fitzgerald authorizing the position, Deputy Attorney General James Comey writes: “I hereby delegate to you all the authority of the attorney general with respect to the department’s investigation into the alleged unauthorized disclosure of a CIA employee’s identity, and I direct you to exercise that authority as special counsel independent of the supervision or control of any officer of the department.” Many believe that Ashcroft’s continued involvement has become politically untenable, and that the investigation has reached a point where his potential conflicts of interest can no longer be ignored. The White House steadfastly denies that any of its officials leaked Plame Wilson’s name to conservative columnist Robert Novak, who first outed Plame Wilson in his column (see July 14, 2003), or any other member of the press. The FBI has already spoken to White House political adviser Karl Rove, suspected of being one of Novak’s sources; Rove has close political ties to Ashcroft. Upon Ashcroft’s recusal, the investigation was given over to Comey, who immediately named Fitzgerald to head the investigation. Fitzgerald and Comey, himself a former Manhattan prosecutor, are close friends and colleagues. [Office of the Deputy Attorney General, 12/30/2003 pdf file; Associated Press, 12/30/2003; New York Times, 12/31/2003]
Appearance of Conflict of Interest - Comey tells the press: “The attorney general, in an abundance of caution, believed that his recusal was appropriate based on the totality of the circumstances and the facts and evidence developed at this stage of the investigation. I agree with that judgment. And I also agree that he made it at the appropriate time, the appropriate point in this investigation.” Comey says that while Ashcroft denies an actual conflict of interest exists, “The issue that he was concerned about was one of appearance.” White House officials say that President Bush had no role in the decision; some White House and law enforcement officials were surprised upon learning of Comey’s decision.
Investigation Reaching into White House? - Some Democrats believe that Ashcroft’s recusal is an indication that the investigation is moving into the White House itself. Senator Charles Schumer (D-NY) says of Comey’s decision, “This isn’t everything that I asked for, but it’s close.” In regards to Fitzgerald, Schumer says, “I would have preferred to have someone outside the government altogether, but given Fitzgerald’s reputation for integrity and ability—similar to Comey’s—the glass is three-quarters full.” Governor Howard Dean (D-VT), a leading Democratic contender for the presidency, says Ashcroft’s decision “is too little, too late.” For the last three months, the investigation has been run by John Dion, the Justice Department’s chief of counterespionage. Whether Fitzgerald will ask Dion or other Justice Department investigators to remain on the case remains to be seen. “I wouldn’t be surprised if he thought maybe he ought to keep some or all of the career folks involved,” says Comey. Fitzgerald has the authority to issue subpoenas and grant immunity on his own authority, Comey confirms. “I told him that my mandate to him was very simple. Follow the facts wherever they lead, and do the right thing at all times. And that’s something, if you know this guy, is not something I even needed to tell him.” [New York Times, 12/31/2003]
Fitzgerald's 'Impressive Reputation' - Fitzgerald has earned an “impressive reputation,” in Plame Wilson’s words, as a government prosecutor. In 1993, he won a guilty plea from Mafia capo John Gambino, and a conviction against Sheikh Omar Abdul-Rahman for his role in the 1993 World Trade Center bombing (see July 3, 1993). He put together the first criminal indictment against Osama bin Laden. In 2003 he indicted former Illinois Republican governor George Ryan on fraud and conspiracy charges; in 2005, he indicted several aides of Chicago Democratic mayor Richard Daley on mail fraud. He brought charges of criminal fraud against Canadian media tycoon Conrad Black. As Plame Wilson will write, “Fitzgerald was not easily intimidated by wealth, status, or threats.”
'Belated Christmas Present' - In 2007, Plame Wilson will write: “It was a belated but welcome Christmas present. Ashcroft had clearly given some thought to his extensive financial and personal ties to Karl Rove, who even then was believed to have had a significant role in the leak, and made the right decision.” She will also add that several years after the recusal, she hears secondhand from a friend of Ashcroft’s that Ashcroft was “troubled” and “lost sleep” over the administration’s action. [Wilson, 2007, pp. 174-175]

Entity Tags: Valerie Plame Wilson, Karl C. Rove, US Department of Justice, John Dion, Patrick J. Fitzgerald, James B. Comey Jr., Bush administration (43), Charles Schumer, Howard Dean, George W. Bush, John Ashcroft

Timeline Tags: Niger Uranium and Plame Outing

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