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Profile: Lewis (“Scooter”) Libby
Positions that Lewis (“Scooter”) Libby has held:
- Managing partner of the Washington office of the international law firm Dechert Price & Rhoads
- Chief of staff, Office of Dick Cheney
Lewis (“Scooter”) Libby was a participant or observer in the following events:
A retyped version of Libby’s handwritten note suggesting what McClellan should say to reporters. [Source: US District Court for the District of Columbia / Think Progress]Lewis Libby, the chief of staff for Vice President Dick Cheney who is suspected of leaking CIA official Valerie Plame Wilson’s identity to the press (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003), implores Cheney to have press secretary Scott McClellan publicly exonerate him. In a note whose contents will later be made public during the runup to Libby’s perjury trial (see October 28, 2005 and January 16-23, 2007), Libby suggests what McClellan should say to the press:
“People have made too much of the difference in
“How I described Karl and Libby
“I’ve talked to Libby.
“I said it was ridiculous about Karl
“And it is ridiculous about Libby.
“Libby was not the source of the Novak story.
“And he did not leak classified information.” [Think Progress, 4/6/2006; US District Court for the District of Columbia, 4/5/2009 ]
Cheney will write a note recommending Libby’s public exoneration (see October 4, 2003). McClellan will use much of Libby’s wording in his statement to the press (see October 4, 2003 and October 4, 2003).
After being ordered to assure the press that Lewis “Scooter” Libby knew nothing of the Plame Wilson leak (see October 4, 2003), White House press secretary Scott McClellan agrees to follow that order if Libby himself will give him that same assurance. McClellan calls Libby and asks, “Were you involved in the leak in any way?” Libby replies, “No, absolutely not.” Together, they decide what reporters McClellan should call, and McClellan begins spreading the word among a wide array of national media correspondents. [McClellan, 2008, pp. 218-220] (Later research by author and blogger Marcy Wheeler indicates the reporters McClellan contacts are most likely the Associated Press’s Scott Lindlaw, Michael Isikoff or Evan Thomas of Newsweek, an unnamed reporter for the New York Times, and the Washington Post’s Mike Allen.) [Marcy Wheeler, 6/10/2008] The line is, as agreed upon, Libby “neither leaked the classified information, nor would he condone it.” Shortly afterwards, McClellan decides on his own to make the same assurances about National Security Council staffer Elliott Abrams, who has angrily denied rumors of his own involvement (see October 5, 2003). “I was becoming increasingly frustrated,” McClellan will write, “as this was exactly what I didn’t want to happen. I was putting myself in the middle of the investigation by publicly vouching for people, against my own wishes and against the sound advice of White House counsel.… In hindsight, the president should have overruled his advisers and demanded that an internal investigation be conducted to determine whether there might have been any White House involvement. He also should have ordered the public release of as much information as possible as soon as it was known, so that the scandal would not take on a life of its own.” McClellan will theorize that Bush “chose not to do so, perhaps feeling that keeping clear of the story would insulate him and protect him from potential political damage. Instead, it gave the story broader and longer life, only helping to reinforce the permanent state of suspicion and partisan warfare he had pledged to move beyond.” [McClellan, 2008, pp. 218-220]
At his home, White House press secretary Scott McClellan receives a call from White House chief of staff Andrew Card. Card makes a request that shocks McClellan: “The president and vice president spoke this morning. They want you to give the press the same assurance for Scooter [Lewis Libby, the vice president’s chief of staff] that you gave for [White House deputy chief of staff] Karl [Rove]” (see September 29, 2003). According to McClellan’s 2008 book What Happened, he acquiesces, “not really indicating my instinctive disinclination to do what he was directing me to do.” McClellan doesn’t want to begin absolving one official after another to the press. He has already refused to absolve Libby for the press once (see October 1, 2003), and knows “if other names started to surface… the press would be curious why I’d asked Scooter about his involvement, and why the White House wasn’t asking every staff member the same question.” However, he will write: “this was an order coming from on high. As a result, I was about to cross the line I’d drawn publicly once the investigation had gotten underway earlier in the week.” McClellan will write that he is sure President Bush had no knowledge of Libby, Rove, or anyone else being involved in leaking Plame Wilson’s identity. “I wish I could say the same about the vice president,” he will add. “I simply don’t know for sure.” [McClellan, 2008, pp. 217-218] Card makes his request shortly after Vice President Cheney writes a memo demanding Libby’s public exoneration (see October 4, 2003).
Cheney’s original ‘meat grinder’ note. [Source: Office of the Vice President / FireDogLake]Vice President Dick Cheney writes a note, later dubbed the “meat grinder” note, saying that the Bush administration should tell reporters that his chief of staff, Lewis Libby, should be issued a denial of involvement in the Plame Wilson leak, just as White House political strategist Karl Rove has received (see September 29, 2003). The note reads: “Has to happen today. Call out to key press saying same thing about Scooter as Karl. Not going to protect one staffer & sacrifice the guy the Pres [the words “the Pres” are scratched out] that was asked to stick his neck in the meat grinder because of the incompetence of others—” The rest of the note contains talking points for the denial. It is unclear if the note is for Cheney’s own reference or intended for someone else [Office of the Vice President, 10/4/2003; Marcy Wheeler, 6/9/2008] , though Cheney has received a request from Libby that he be publicly exonerated (see Before October 4, 2003). The same day, White House chief of staff Andrew Card asks press secretary Scott McClellan to issue a denial on behalf of Libby (see October 4, 2003). McClellan complies (see October 4, 2003).
Through White House spokesmen, two senior Bush officials deny being involved in the Valerie Plame Wilson identity leak (see July 14, 2003 and July 17, 2003). Neither Lewis “Scooter” Libby, chief of staff for Vice President Dick Cheney, nor Elliott Abrams, the director of Middle East affairs for the National Security Council, were involved in the leak, according to spokesmen; the same claim has been made for White House deputy chief of staff Karl Rove. According to press secretary Scott McClellan, Libby “neither leaked the classified information, nor would he condone it.” The disclaimers are in response to reporters’ questions. [New York Times, 10/5/2003] In 2007, the prosecution in the Libby perjury trial (see January 16-23, 2007) will enter into evidence a page of undated notes taken by Libby around this time. The notes are talking points for McClellan, and indicate that McClellan should use lines such as “I’ve talked to Libby. I’ve said it was ridiculous about Karl and it is ridiculous about Libby. Libby was not the source of the Novak story. And he did not leak classified information.” Libby’s notes also advise McClellan to say something like, “Not going to protect one staffer & sacrifice the guy the Pres that was asked to stick his neck in the meat grinder because of the incompetence of others.” Cheney has crossed out the words “the Pres,” obviously not wanting McClellan to reference President Bush (see October 4, 2003). [Office of the Vice President, 9/2003 ; National Public Radio, 3/7/2007]
White House press secretary Scott McClellan reiterates the White House’s stance that three senior aides—deputy chief of staff Karl Rove, Vice President Dick Cheney’s chief of staff Lewis “Scooter” Libby, and National Security Council official Elliott Abrams—bear no responsibility for leaking the identity of covert CIA official Valerie Plame Wilson to the press. McClellan has already made the same assurances before (see September 29, 2003 and October 4, 2003). During a press briefing, he is asked: “Scott, you have said that you personally went to Scooter Libby, Karl Rove, and Elliott Abrams to ask them if they were the leakers. Is that what happened? Why did you do that? And can you describe the conversations you had with them? What was the question you asked them?” McClellan replies: “Yes, unfortunately, in Washington, DC, at a time like this, there are a lot of rumors and innuendo. There are unsubstantiated accusations that are made. And that’s exactly what happened in the case of these three individuals. They’re good individuals. They’re important members of our White House team. And that’s why I spoke with them, so that I could come back to you and say that they were not involved. I had no doubt with that, in the beginning (see October 4, 2003), but I like to check my information to make sure it’s accurate before I report back to you. And that’s exactly what I did.” A reporter asks: “You’re saying, categorically, those three individuals were not the leakers or did not authorize the leaks. Is that what you’re saying?” McClellan responds: “That’s correct. I have spoken with them.” A reporter then asks, “Did the president direct you to check with those individuals and get—to find out if they were the leaker?” McClellan refuses to answer directly, but says that President Bush “wants… to get to the bottom of this matter, the sooner the better,” and touts the White House’s “full cooperation” with the Justice Department investigation. Asked the same question again, McClellan again emphasizes the White House’s cooperation with the investigation, and adds, “I think part of cooperating fully is looking into these unsubstantiated accusations that were made to make it clear to everybody that those individuals are not involved.” He gives a similar answer when asked if Bush wants someone “to individually poll senior staff members to find out who the leaker is,” and adds that no one in the White House has any more information on the matter than has been made available in the media—a blanket, if indirect, denial of any White House involvement. McClellan also notes that it would be “premature” to speculate if the White House will claim executive privilege to keep any information out of the investigation (see October 7, 2003). [Washington Transcript Service, 10/7/2003]
Many legal experts are highly critical of President Bush’s recent declaration that the identity of the leaker of Valerie Plame Wilson’s CIA identity may never be known (see October 7, 2003), and the White House’s declaration that three senior aides—Karl Rove, Lewis Libby, and Elliott Abrams—are not responsible for the leak (see October 4, 2003 and October 5, 2003). They echo criticisms leveled by Senate Democrats, who say that such declarations undermine the investigation into the leak (see October 10, 2003). Not only do such statements call into question the independence of the Justice Department investigation (see September 26, 2003), the experts say, but the propriety of attempting to clear top officials before the investigation has concluded is equally questionable. Law professor Mary Cheh calls such statements “quite irregular” and says that they could have a chilling effect on the investigation. “It will take someone of considerable fortitude [in the Justice Department] to look past such statements” and investigate any of the officials, she notes. Abner Mikva, former White House counsel to President Clinton, says that despite the White House’s assurances that the three officials are innocent: “I would hope that the Justice Department will do whatever it is supposed to do anyway. But does it have a chilling effect? Sure it does.” Defense lawyer Jeralyn Merritt says if Bush claims not to know the identity of the leaker, neither he nor any White House officials can rule out the involvement of any of their personnel. “I think a special counsel would be an excellent idea,” she says. Law professor Stephen Gillers says White House press secretary Scott McClellan has no way to know if any of the three officials are innocent or guilty. If any of them are guilty, Gillers notes, they can be expected to go to great lengths to keep their participation secret. Gillers also says that Bush appears to be soft-pedaling the investigation by publicly doubting its effectiveness, even if most leak investigations do not yield the name of the leaker. Cheh says the only way the Justice Department can conduct a fair and independent investigation is if the White House ensures that the investigators are “walled off” from political considerations. [Chicago Tribune, 10/10/2003]
Entity Tags: Lewis (“Scooter”) Libby, Elliott Abrams, Abner Mikva, George W. Bush, Karl C. Rove, Scott McClellan, Jeralyn Merritt, Valerie Plame Wilson, Stephen Gillers, US Department of Justice, Mary Cheh
Timeline Tags: Niger Uranium and Plame Outing
Frank Lautenberg, one of the Senate Democrats critical of the White House’s response to the leak investigation. [Source: Washington Post]Congressional Democrats question whether President Bush and White House officials are trying to influence the Plame Wilson leak investigation through their comments. Recently, Bush told reporters that he doubted the person or persons who leaked CIA agent Valerie Plame Wilson’s identity to the press would ever be identified (see October 7, 2003). While administration officials say Bush was just acknowledging the difficulties such an investigation presents, Senator Frank Lautenberg (D-NJ) says his comments threaten to undermine the investigation by lowering expectations. “If the president says, ‘I don’t know if we’re going to find this person,’ what kind of a statement is that for the president of the United States to make?” Lautenberg asks. “Would he say that about a bank-robbery investigation? He should be as indignant as everybody else is over this breach.” Bush, says Lautenberg, “certainly seems far less certain about finding the leaker than he is about finding Osama bin Laden or Saddam Hussein.” Plame Wilson’s husband Joseph Wilson agrees. “This goes far beyond someone identifying my wife,” he says. “This was a breach of public trust, and I would think it would behoove the president to ensure that the appropriate assets are devoted to identifying the leaker.” In contrast, White House press secretary Scott McClellan says that criticism of the investigation “appear[s] to be more about politics than about getting to the bottom of the investigation.” Democrats are also critical of the White House’s vocal opposition to the appointment of a special prosecutor to handle the investigation. And they question McClellan’s recent attempts to exonerate three administration officials—Karl Rove, Lewis Libby, and Elliott Abrams—from any responsibility for the leak (see October 4, 2003 and October 5, 2003). In a letter to Bush, four Democratic senators—Tom Daschle (D-SD), Carl Levin (D-MI), Joseph Biden (D-DE), and Charles Schumer (D-NY)—write that McClellan’s assurances are part of an overall pattern of missteps and errors surrounding the White House’s response to the leak investigation. McClellan lacks the legal expertise to question possible suspects, they note. “The White House has now put the Justice Department in the position of having to determine not only what happened, but also whether to contradict the publicly stated position of the White House,” the senators write. Justice Department spokesman Mark Corallo says that anything White House officials say has “nothing to do with this investigation. The investigation will follow the facts.” [New York Times Magazine, 10/10/2003]
Entity Tags: George W. Bush, Charles Schumer, Carl Levin, Bush administration (43), Valerie Plame Wilson, Frank R. Lautenberg, US Department of Justice, Scott McClellan, Joseph Biden, Joseph C. Wilson, Elliott Abrams, Lewis (“Scooter”) Libby, Mark Corallo, Tom Daschle, Karl C. Rove
Timeline Tags: Niger Uranium and Plame Outing
In a press conference, White House press secretary Scott McClellan once again denies that White House officials Karl Rove, Elliott Abrams, and Lewis Libby had any involvement in the Plame Wilson identity leak. A reporter asks “whether any of them told any reporter that Valerie Plame [Wilson] worked for the CIA,” and McClellan responds: “Those individuals—I talked—I spoke with those individuals, as I pointed out, and those individuals assured me they were not involved in this. And that’s where it stands.… They assured me that they were not involved in this.” [White House, 10/10/2003]
Lewis “Scooter” Libby, the chief of staff for Vice President Cheney, is interviewed by the FBI concerning the outing of CIA agent Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). [Office of the Vice President, 10/14/2003 ; US District Court for the District of Columbia, 10/28/2005 ; US District Court for the District of Columbia, 10/30/2006 ; MSNBC, 2/21/2007] Libby tells investigators that in his conversations with reporters Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and Matthew Cooper (see 2:24 p.m. July 12, 2003) he was careful to tell them that the information about Plame Wilson was merely “unsubtianted gossip” and not necessarily reliable. He also claims that, before he spoke to either Miller or Cooper, he learned of Plame Wilson’s CIA status from another journalist, NBC’s Tim Russert (see July 10 or 11, 2003). Libby is lying in both instances (see August 7, 2004). [US District Court for the District of Columbia, 10/28/2005 ; National Journal, 6/8/2006; US District Court for the District of Columbia, 10/30/2006 ]
State Department official Marc Grossman, who authored a classified memo that included Valerie Plame Wilson’s CIA status (see May 29, 2003, June 10, 2003, and 12:00 p.m. June 11, 2003), gives a statement to the FBI as part of the Plame Wilson investigation. Grossman testifies that he had “two or three” telephone conversations with White House official Lewis Libby, but did not meet personally with him. [Marcy Wheeler, 1/24/2007] It is believed that, during this interview, Grossman tells the FBI that he told Libby about Plame Wilson’s FBI status, a claim that Libby will deny, but that Grossman and several other witnesses will continue to assert. [Truthout (.org), 4/14/2006]
Cathie Martin, the communications director for Vice President Dick Cheney, is interviewed by the FBI concerning the Plame Wilson identity leak. Little information about her interview is made public, but during the Lewis Libby perjury trial, Martin will be asked about a telephone call between Libby and Time reporter Matthew Cooper (see 2:24 p.m. July 12, 2003). Martin says she was on a call with someone else but was able, to an extent, to follow Libby’s side of the conversation. She does not remember Libby saying that some “reporters are saying,” the words Libby used to characterize his knowledge of Valerie Plame Wilson’s CIA identity. [Marcy Wheeler, 1/29/2007] She does tell the agents that she believes she spoke to Cheney and Libby about Plame Wilson sometime around July 9. Martin has been aware of Plame Wilson’s CIA status since at least early June (see 5:25 p.m. June 10, 2003). [Marcy Wheeler, 1/25/2007]
Tim Russert, NBC’s bureau chief and host of Meet the Press, is interviewed by FBI agent John Eckenrode as part of the Plame Wilson leak investigation. One of the targets of the investigation, White House official Lewis Libby, has indicated that he learned about Valerie Plame Wilson’s CIA identity from Russert (see July 10 or 11, 2003). According to the report later compiled by Eckenrode, Russert recalls “one, and possibly two telephone conversations” between himself and Libby between July 6 and July 12, 2003. Eckenrode will write: “Russert does not recall stating to Libby, in this conversation, anything about the wife of former ambassador Joe Wilson. Although he could not completely rule out the possibility that he had such an exchange, Russert was at a loss to remember it, and moreover, he believes that this would be the type of conversation that he would or should remember. Russert acknowledged that he speaks to many people on a daily basis and it is difficult to reconstruct some specific conversations, particularly one which occurred several months ago.” [US District Court for the District of Columbia, 2/14/2006 ]
Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney, is interviewed for a second time (see October 14, 2003) by the FBI concerning the outing of CIA agent Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). [MSNBC, 2/21/2007] During one or both interviews, Libby insists that he learned of Plame Wilson’s identity from journalists (see July 10 or 11, 2003), a lie that will play a large part in his upcoming indictment (see October 28, 2005). Investigators are compiling evidence that he learned of Plame Wilson’s CIA status from Cheney and other senior government officials (see (June 12, 2003)). Some investigators will come to believe that Libby is lying, and continues to lie, to protect Cheney’s involvement in attempting to discredit Plame Wilson’s husband, war critic Joseph Wilson (see October 1, 2003). [National Journal, 2/2/2006]
Senior CIA official Robert Grenier, who, as the agency’s mission manager, inquired about the Joseph Wilson mission to Niger on behalf of the vice president’s office (see 4:30 p.m. June 10, 2003), and told Vice President Dick Cheney’s chief of staff, Lewis Libby, that Valerie Plame Wilson was a CIA official (see 2:00 p.m. June 11, 2003), is interviewed by the FBI as part of the Plame Wilson investigation. Grenier tells FBI investigators of his June 11, 2003 conversation with Libby, regarding Wilson’s Niger trip and the CIA status of Wilson’s wife, Valerie Plame Wilson (see 2:00 p.m. June 11, 2003). Grenier says that he is not sure whether Plame Wilson’s name came up during the conversation, a story he will tell again to the grand jury investigating the Plame Wilson leak in January 2004, but will change when he testifies for the prosecution in the Libby perjury trial (see January 24, 2007). [Marcy Wheeler, 1/24/2007; Mother Jones, 1/25/2007; New York Times, 3/2007]
After Deputy Attorney General James Comey announces the naming of special prosecutor Patrick Fitzgerald to head the Plame Wilson CIA identity leak investigation (see December 30, 2003), White House press secretary Scott McClellan is contacted by Ron Roos, the FBI’s deputy counterespionage director, to arrange a time where McClellan can testify before Fitzgerald’s grand jury. This time, Roos says, he would like McClellan to come alone, without a White House lawyer (see October 10, 2003). McClellan’s sister-in-law, a former assistant district attorney, advises him to retain a lawyer, as many of his co-workers have done, but McClellan decides not to do so. Perhaps, he will later write, he was lulled by the almost-perfunctory interview sessions he has already participated in (see Mid-October 2003 and Late October or Early November, 2003). McClellan meets with Roos and other prosecutors for a pre-jury interview. This time, McClellan will recall, the interview is far more adversarial than the first two. Roos asks McClellan why he publicly exonerated Karl Rove (see September 29, 2003) and Lewis Libby (see October 4, 2003), and then asks why McClellan failed to mention in previous interviews that Rove had spoken with columnist Robert Novak. McClellan, later writing that he was “taken aback” by the question, reminds Roos that he had indeed informed them of Rove’s contact with Novak in an earlier interview. Afterwards, McClellan will write, he worries about the FBI’s “initial hard-edged approach.” [McClellan, 2008, pp. 224-225]
CIA official Craig Schmall, who serves as Vice President Dick Cheney’s agency briefer and has served as the briefer for Cheney’s chief of staff, Lewis Libby (see 7:00 a.m. June 14, 2003 and July 14, 2003), is interviewed by the FBI in the Plame Wilson identity leak investigation. Schmall says nothing about either Valerie Plame Wilson or her husband, Joseph Wilson, though he discussed both of them with Libby and Cheney. It is not known if the FBI is aware of the earlier conversations between Schmall, Libby, and Cheney. [Central Intelligence Agency, 1/9/2004 ; Marcy Wheeler, 1/24/2007; Marcy Wheeler, 1/25/2007]
Cathie Martin, the communications director for Vice President Dick Cheney, gives a statement for the Plame Wilson leak investigation. The contents of Martin’s statement are not made public. Martin testified to the FBI (see October 22, 2003), and did not verify that Cheney’s chief of staff, Lewis Libby, had spoken to reporters about Valerie Plame Wilson in her hearing (see 2:24 p.m. July 12, 2003). She has known about Plame Wilson’s CIA status since June 2003 (see 5:25 p.m. June 10, 2003). [Marcy Wheeler, 1/25/2007]
David Addington, the chief counsel for Vice President Dick Cheney, gives a statement to FBI Section Chief Timothy Fuhrman as part of the Plame Wilson leak investigation. Fuhrman is accompanied by lawyers from the Justice Department’s Office of Special Counsel. Addington discusses the meeting he had with Cheney’s chief of staff, Lewis Libby, shortly after Libby’s conversation with New York Times reporter Judith Miller concerning Valerie Plame Wilson (see July 8, 2003). Addington says he is not sure of the date of the conversation, but fixes it somewhere between July 6 and July 12, 2003. He recalls it as taking place in an anteroom near Cheney’s office in the White House that Libby used as an office. According to Addington, Libby made “a general inquiry about the CIA’s relationship with people who are not employees but perform assignments for them.” Fuhrman’s report on his conversation with Addington “does not reflect that Mr. Libby made any reference to a spouse or wife [Plame Wilson], either when Mr. Libby asked this question or at any other point during the conversation in the anteroom with Mr. Addington.” [US District Court for the District of Columbia, 2/14/2006 ]
State Department official Marc Grossman (see May 29, 2003, June 10, 2003, and 12:00 p.m. June 11, 2003) gives a statement to the FBI as part of the Plame Wilson leak investigation. Grossman has already spoken once to the FBI (see October 17, 2003). As in his previous statement, he testifies that he had “two or three” telephone conversations with White House official Lewis Libby, but did not meet personally with him. [Marcy Wheeler, 1/24/2007]
White House chief of staff Lewis Libby speaks with NBC bureau chief and Meet the Press host Tim Russert. Russert has willingly testified to the FBI concerning his knowledge of the Valerie Plame Wilson identity leak (see November 24, 2003), but will resist testifying to the grand jury investigating the leak (see May 13-20, 2004 and June 2004). According to his own subsequent testimony before the grand jury (see March 24, 2004), Libby asks if Russert is willing to discuss the matter with his lawyer, but he will testify that he does not discuss anything else of substance with Russert. It is unclear whether their conversation has anything to do with Russert’s unwillingness to testify before the grand jury. [United States District Court for the District of Columbia, 3/24/2004 ; Marcy Wheeler, 2/12/2007]
Lewis “Scooter” Libby, the former chief of staff for Vice President Dick Cheney, testifies under oath before the grand jury investigating the leak of CIA agent Valerie Plame Wilson’s identity (see December 30, 2003 and January 2004). According to the indictment that will later be issued against Libby (see October 28, 2005), he commits perjury during his testimony. [US Department of Justice, 3/5/2004 ; MSNBC, 2/21/2007; Washington Post, 7/3/2007] Libby is questioned by special prosecutor Patrick Fitzgerald, who is aided by deputy special counsels Ron Roos, Peter Zeidenberg, and Kathleen Kedian. At the beginning of the questioning, Fitzgerald ensures that Libby understands the circumstances that constitute perjury.
Denies Being Source for Columnist - Fitzgerald asks Libby about his involvement as a source for columnist Robert Novak, who revealed Plame Wilson’s secret CIA status in a column (see July 14, 2003). Libby denies being a source for Novak.
Admits Learning about Plame Wilson's CIA Status from Cheney - He admits that Cheney told him that Joseph Wilson’s wife was a CIA officer: while discussing Wilson’s trip to Niger (see February 21, 2002-March 4, 2002), Libby says of Cheney: “And in the course of describing this he also said to me in sort of an off-hand manner, as a curiosity, that his wife worked at the CIA, the person who—whoever this person was. There were no names at that stage so I didn’t know Ambassador Wilson’s name at that point, or the wife’s name.” Libby also admits that he knew Plame Wilson worked at the “functional office” of the CIA that handled the Iraq WMD issue.
Libby 'Forgot' He Already Knew about Plame Wilson - Later in the interview, Fitzgerald asks again if it is “fair to say that [Cheney] had told you back in June, June 12 or before… that his wife worked in the functional office of counterproliferation of the CIA (see (June 12, 2003)). Correct?” Libby answers, “Yes, sir.” Fitzgerald then asks: “So when you say, that after we learned that his wife worked at the agency, that became a question. Isn’t it fair to say that you already knew it from June 12 or earlier?” Libby then answers: “I believe by, by this week I no longer remembered that. I had forgotten it. And I believe that because when it was told to me on July 10, a few days after this article, it seemed to me as if I was learning it for the first time. When I heard it, I did not think I knew it when I heard.” Libby is referring to his claim that he originally learned of Plame Wilson’s identity from NBC reporter Tim Russert (see July 10 or 11, 2003), a claim that Russert will strongly deny (see February 7-8, 2007). [US Department of Justice, 3/5/2004 ]
Claims Not to Have Discussed Plame Wilson until after Novak's Column Published - Fitzgerald asks Libby if he recalls the question of whether the possibility that Plame Wilson sent her “husband on a junket” (see July 7, 2003 or Shortly After), and whether he discussed it with Cheney. Libby replies: “I don’t recall the conversation until after the Novak piece. I don’t recall it during the week of July 6. I recall it after the Novak… after the Novak article appeared.” Fitzgerald, obviously unconvinced by Libby’s claim, asks, “And are you telling us under oath that from July 6 to July 14 you never discussed with Vice President Cheney whether Mr. Wilson’s wife worked at the CIA?” Libby responds: “No, no, I’m not saying that. On July 10 or 11 I learned, I thought anew, that the wife—that the reporters were telling us that the wife worked at the CIA. And I may have had a conversation with the vice president either late on the 11th or on the 12th in which I relayed that reporters were saying that.” Libby is lying by claiming he never discussed Plame Wilson with Cheney or other White House officials between July 6 and July 14 (see July 7, 2003 or Shortly After, July 7-8, 2003, July 8, 2003, 12:00 p.m. July 7, 2003, and July 10 or 11, 2003). [US Department of Justice, 3/5/2004 ; National Journal, 1/12/2007]
Denies Learning of State Department Memo until Late September 2003 - Libby also denies learning of the State Department’s interest in the Wilson trip and in Wilson’s wife until after the investigation into Plame Wilson’s identity became public on September 28, 2003, “a couple days after that,” he says. “I don’t have any recollection of an INR [Bureau of Intelligence and Research, the State Department’s intelligence bureau] document prior to that date.” Libby is lying; he learned about the State Department’s inquiry into the Wilson trip, and Plame Wilson’s CIA status, much earlier (see 12:00 p.m. June 11, 2003). He also denies asking the State Department’s Marc Grossman for information on Wilson’s Niger trip, which is most likely another lie (see May 29, 2003). And he claims not to remember if he learned from Grossman that Plame Wilson was a CIA official.
Denies Talking to CIA Official - Libby also claims not to remember discussing Plame Wilson with Robert Grenier, the CIA’s Iraq mission manager. “I don’t think I discussed Wilson’s wife’s employment with, with Mr. Grenier,” he testifies. “I think if I discussed something it was what they knew about the request about Mr., about Mr. Wilson. I don’t recall the content of the discussion.” Asked “if there was an urgency to the conversation” with Grenier, Libby replies, “I recall that I was reaching Mr. Grenier—I was trying to reach Mr. McLaughlin [John McLaughlin, then the CIA’s deputy director, who spoke to Cheney the day before about Plame Wilson—see 12:00 p.m. June 11, 2003) and couldn’t, and spoke instead to Mr. Grenier. And so if I did that instead of just waiting for Mr. McLaughlin, it was probably something that was urgent in the sense that my boss, the vice president, wanted, wanted to find something out. Not, not necessarily in the real world, but he wanted an answer and usually we try and get him the answer when we can.” Libby did indeed meet with Grenier, and quizzed him about Plame Wilson (see 2:00 p.m. June 11, 2003).
Denies Leaking Name to Post Reporter - Libby claims not to be sure if he was a source for a June 2003 article by Washington Post reporter Walter Pincus (see June 12, 2003), but says he is sure he did not divulge Plame Wilson’s identity to him. “I have no recollection of having discussed it with Mr. Pincus and I don’t think I did,” Libby testifies. He acknowledges that his own notes, entered into evidence by Fitzgerald, show that he discussed the Pincus article with Cheney before it was published. Libby also denies revealing Plame Wilson’s identity to two New York Times reporters, David Sanger and James Risen.
Challenges Wilson's Characterization of Iraq-Niger Claims - Using language similar to that he and other members of Cheney’s staff have used in press conferences and to individual reporters, Libby says that Joseph Wilson’s questioning of the Iraq-Niger claims were ill-informed, and that Wilson was wrong to speculate that Cheney had deliberately ignored the evidence that those claims were false to insist that Iraq had an active nuclear weapons program and therefore constituted a danger to the US (see March 24, 2002, August 2002, March 16, 2003, and July 6-10, 2003). Libby says of Wilson’s op-ed in the New York Times (see July 6, 2003), “It’s a, it’s a bad article.” He admits to being angry over the article, then changes it to being “concerned because it didn’t seem to me an accurate portrayal of the facts.… Upset’s a fair word, I guess.” He admits to discussing the Wilson op-ed with Cheney shortly after its publication, though he is unsure of the exact date of that discussion (see July 6-10, 2003, July 7-8, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Libby acknowledges that notations on a copy of the Wilson op-ed are in Cheney’s handwriting (see July 7, 2003 or Shortly After). [US Department of Justice, 3/5/2004 ]
Entity Tags: Robert Grenier, Robert Novak, Walter Pincus, Valerie Plame Wilson, US Department of State, Richard (“Dick”) Cheney, Ron Roos, Peter Zeidenberg, Tim Russert, Marc Grossman, Bureau of Intelligence and Research, David Sanger, John E. McLaughlin, James Risen, Patrick J. Fitzgerald, Kathleen Kedian, Lewis (“Scooter”) Libby, Joseph C. Wilson
Timeline Tags: Niger Uranium and Plame Outing
Lewis “Scooter” Libby, the former chief of staff for Vice President Dick Cheney, testifies under oath a second time (see March 5, 2004) before the grand jury investigating the leak of CIA agent Valerie Plame Wilson’s identity (see December 30, 2003 and January 2004). According to his later indictment (see October 28, 2005), Libby commits perjury during his testimony. [United States District Court for the District of Columbia, 3/24/2004 ; MSNBC, 2/21/2007; Washington Post, 7/3/2007] There is a certain amount of overlap in the subjects discussed in the two interviews.
Claims to Have Learned Identity from Reporter - Libby tells the jury that he learned of Plame Wilson’s CIA status from NBC reporter Tim Russert (see July 10 or 11, 2003). According to prosecutors’ later filings, Libby says: “Russert asked Libby if Libby was aware that Wilson’s wife worked for the CIA. Libby responded to Russert that he did not know that, and Russert replied that all the reporters knew it.” Russert will deny that he ever said anything of the kind to Libby (see February 7-8, 2007). [United States District Court for the District of Columbia, 3/24/2004 ; Vanity Fair, 4/2006] Libby testifies about a conversation he had with Cheney in the fall of 2003, when he complained that the White House was not making public statements exonerating him of responsibility for the leak (see Late September or Early October, 2003). Asked by prosecutor Patrick Fitzgerald if he had told Cheney about speaking to reporters regarding Plame Wilson, Libby responds: “I think I did. Let me bring you back to that period. I think I did in that there was a conversation I had with the vice president when all this started coming out and it was this issue as to, you now, who spoke to [columnist Robert] Novak (see July 14, 2003). I told the vice—you know, there was—the president said anybody who knows anything should come forward or something like that.… I went to the vice president and said, you know, ‘I was not the person who talked to Novak.’ And he [said] something like, ‘I know that.’ And I said, you know, ‘I learned this from Tim Russert.’ And he sort of tilted his head to the side a little bit and then I may have in that conversation said, ‘I talked to other—I talked to people about it on the weekend.’” Libby is most likely referring to his conversations with reporters Matthew Cooper (see 2:24 p.m. July 12, 2003) and Judith Miller (see 8:30 a.m. July 8, 2003 and Late Afternoon, July 12, 2003). Fitzgerald asks of the conversation with Cheney, “What did you understand from his gesture or reaction in tilting his head?” Libby replies: “That the Tim Russert part caught his attention. You know, that he—he reacted as if he didn’t know about the Tim Russert thing or he was rehearing it, or reconsidering it, or something like that.… New, new sort of information. Not something he had been thinking about.” Fitzgerald asks: “And did he at any time tell you, ‘Well, you didn’t learn it from Tim Russert, you learned it from me? Back in June you and I talked about the wife working at the CIA?’” Libby responds, “No.” Cheney confirmed Plame Wilson’s CIA status to Libby in June 2003 (see (June 12, 2003)). Fitzgerald asks, “Did he indicate any concern that you had done anything wrong by telling reporters what you had learned?” and Libby again responds, “No.” Libby tells Fitzgerald that he isn’t sure if he mentioned the Cooper and Miller leaks to Cheney. “I did tell him, of course, that we had spoken to the people who he had told us to speak to on the weekend. I think at some point I told him that.” [United States District Court for the District of Columbia, 3/24/2004 ; National Journal, 2/19/2007]
Fails to Disclose Leak to Reporter - In neither appearance before the grand jury does Libby disclose that he discussed Plame Wilson’s identity with New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Instead, he testifies that he told Miller that he knew Plame Wilson had had some involvement in sending her husband to Niger (see February 21, 2002-March 4, 2002), but did not reveal her as a CIA agent because he was not aware of her CIA status. Libby is lying (see 12:00 p.m. June 11, 2003 and August 6, 2005). Libby also failed to disclose the conversations he had with Miller when he was twice interviewed by FBI agents working on the leak, in October and November 2003. Fitzgerald will not learn of Libby’s failure to disclose the conversations until late 2005, after Miller’s testimony before the court (see October 7, 2005). [United States District Court for the District of Columbia, 3/24/2004 ; National Journal, 10/11/2005; National Journal, 10/18/2005]
Libby 'Authorized' to Disclose Classified Information by Bush, Cheney - Libby also tells the grand jury that he had been “authorized” by President Bush, Cheney, and other White House “superiors” in the summer of 2003 to disclose classified information to journalists to defend the Bush administration’s use of prewar intelligence in making the case to go to war with Iraq. According to Libby’s testimony, Cheney authorized him to release classified information, including details of the October 2, 2002 National Intelligence Estimate (NIE—see October 1, 2002), to defend the administration’s use of prewar intelligence in making the case for war; Libby tells the jury that he had received “approval from the president through the vice president” to divulge material from the NIE. He testifies that one portion of the NIE he was authorized to divulge concerned Iraq’s purported efforts to develop nuclear weapons. Libby says that authorization from the president and vice president was “unique in his recollection.” According to court papers filed in regards to his indictment, Libby tells the jury “that he was specifically authorized in advance… to disclose the key judgments of the classified NIE to Miller” because Cheney believed it to be “very important” to do so. Libby adds “that he at first advised the vice president that he could not have this conversation with reporter Miller because of the classified nature of the NIE.” It was then, he says, that Cheney advised him that Bush authorized the disclosure. Cheney told Libby that he, and not Cheney’s press spokeswoman Cathie Martin, should leak the classified information to the press. At the time of the disclosure, Libby says, he knew that only himself, Bush, and Cheney knew that portions of the NIE had been declassified; other senior Cabinet-level officials were not informed of the decision. Libby adds that an administration lawyer, David Addington, told him that Bush, by authorizing the disclosure of classified information, had in effect declassified that information. Many legal experts will disagree with that assessment. Libby considers Addington an expert on national security law. [United States District Court for the District of Columbia, 3/24/2004 ; National Journal, 2/6/2006; National Journal, 4/6/2006]
Libby's Testimony Met with Disbelief - The prosecutors interrogating Libby are incredulous and disbelieving of many of Libby’s claims. They do not believe his contention that he and Cheney never discussed Plame Wilson between July 6 and July 14—the dates of Wilson’s op-ed (see July 6, 2003) and Novak’s outing of Plame Wilson (see July 14, 2003), respectively. (Libby did indeed discuss Plame Wilson with Cheney and other White House officials during that time period—see July 7, 2003 or Shortly After, July 7-8, 2003, 12:00 p.m. July 7, 2003, July 8, 2003, and July 10 or 11, 2003). They do not believe Libby’s claim that he had “forgotten” about knowing Plame Wilson was a CIA official as early as June 2003 (see 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, and (June 12, 2003)). And they do not believe Libby’s claim that he had merely passed to Cheney a rumor he had heard from reporter Tim Russert about Plame Wilson’s CIA status (see July 10 or 11, 2003). [United States District Court for the District of Columbia, 3/24/2004 ; National Journal, 1/12/2007]
Drastic Change in Behavior - Steven Aftergood, a senior analyst with the Federation of American Scientists and an expert on government secrecy and classification issues, says that in disclosing the classified information, Libby “presents himself in this instance and others as being very scrupulous in adhering to the rules. He is not someone carried on by the rush of events. If you take his account before the grand jury on face value, he is cautious and deliberative in his behavior. That is almost the exact opposite as to how he behaves when it comes to disclosing Plame [Wilson]‘s identity. All of a sudden he doesn’t play within the rules. He doesn’t seek authorization. If you believe his account, he almost acts capriciously. You have to ask yourself why his behavior changes so dramatically, if he is telling the truth that this was not authorized and that he did not talk to higher-ups.” [National Journal, 6/14/2006]
Entity Tags: Catherine (“Cathie”) Martin, David S. Addington, George W. Bush, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Steven Aftergood, Matthew Cooper, Tim Russert, Judith Miller, Richard (“Dick”) Cheney, Patrick J. Fitzgerald
Timeline Tags: Niger Uranium and Plame Outing
CIA official Craig Schmall, who serves as Vice President Dick Cheney’s agency briefer and has served as the briefer for Cheney’s chief of staff, Lewis Libby (see 7:00 a.m. June 14, 2003 and July 14, 2003), is interviewed again by the FBI in the Plame Wilson identity leak investigation (see January 8, 2004). As in his first interview, Schmall says nothing about either Valerie Plame Wilson or her husband, Joseph Wilson, though he discussed both of them with Libby and Cheney; it is unclear if the FBI is aware of Schmall’s discussions with the two White House officials. [Marcy Wheeler, 1/24/2007]
Vice President Dick Cheney is interviewed in his office by federal prosecutors as part of the Valerie Plame Wilson identity leak investigation (see December 30, 2003). Cheney is asked if he knows who, if anyone, in the White House might have leaked Plame Wilson’s identity to the press. He is asked about conversations with his senior aides, including his chief of staff, Lewis “Scooter” Libby. He is also asked whether he knows of any concerted effort by White House officials to leak Plame Wilson’s identity. Cheney is not questioned under oath, and has not been asked to testify before the grand jury. He is represented by two lawyers, Terrence O’Donnell and Emmet Flood. [Federal Bureau of Investigation, 5/8/2004 ; New York Times, 6/5/2004]
Cheney Evades, Refuses to Answer Questions - In October 2009, an FBI interview summary regarding Cheney’s testimony will be released (see October 1, 2009). According to the document, Cheney equivocates or refuses to answer 72 times during his interview, either saying he cannot be certain about the information requested, or that he does not know.
Denies Informing Libby about Plame Wilson's CIA Status - One of the most fundamental questions Cheney is asked is about how Libby learned about Plame Wilson’s identity. Libby’s own notes indicate that he learned it from Cheney, and that he had shared his notes with Cheney in late 2003 (see Late September or Early October, 2003), in defiance of instructions from the FBI and the White House counsel’s office not to share information with colleagues (see September 29-30, 2003). But in his testimony, Cheney “cannot recall Scooter Libby telling him how he first heard of Valerie Wilson. It is possible Libby may have learned about Valerie Wilson’s employment from the vice president… but the vice president has no specific recollection of such a conversation.” [Federal Bureau of Investigation, 5/8/2004 ; Associated Press, 11/2/2009] Cheney testifies that contrary to the evidence, he learned of Plame Wilson’s CIA status from Libby, who informed him that a number of reporters had contacted Libby in July 2003 to say that Plame Wilson had been responsible for arranging her husband’s trip to Niger to investigate the Niger uranium claims. Cheney says that the next time he heard about Plame Wilson and her connection to her husband was when he read Robert Novak’s article outing her as a CIA officer (see July 14, 2003). Cheney is lying; he informed Libby of Plame Wilson’s identity (see (June 12, 2003)).
Denies Knowledge of Wilson Trip to Niger - He also denies knowing that Plame Wilson’s husband, war critic and former ambassador Joseph Wilson, was sent to Niger to investigate claims that Iraq was attempting to buy uranium from that country (see (February 13, 2002) and February 21, 2002-March 4, 2002), and says the CIA never briefed him about Wilson’s trip (see March 5, 2002). Future testimony will challenge Cheney’s claims, as witnesses will testify that Cheney, Libby, Deputy National Security Adviser Stephen Hadley, the Defense Department, the State Department, the Defense Intelligence Agency, the Joint Chiefs of Staff, the National Security Council, and President Bush were all given copies of a CIA cable sent to Cheney’s office that debunked the Niger claims (see December 2001, Shortly after February 12, 2002, March 5, 2002, February 12, 2002, March 8, 2002, October 15, 2002, Mid-October 2002, October 18, 2002, January 2003, and March 8, 2003). [Federal Bureau of Investigation, 5/8/2004 ; Truthout (.org), 2/15/2006]
Refuses to Answer about WMD NIE - Prosecutor Patrick Fitzgerald, leading the interview, presses Cheney to discuss evidence that shows he pressured Bush to quickly declassify portions of the October 2002 National Intelligence Estimate on Iraqi WMD (see October 1, 2002) for the purpose of making the case for invading Iraq. Libby provided selected NIE information to New York Times reporter Judith Miller while simultaneously leaking Plame Wilson’s identity to her (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and other reporters. Cheney refuses to confirm that he discussed anything regarding the NIE with Bush, saying that he could not comment on any private or privileged conversations he may have had with the president. Libby has already testified to the declassification of the NIE, telling prosecutors that he talked to Miller following the “president’s approval relayed to me through the vice president.”
Insists Plame Wilson's Identity Never Used to Discredit Husband - Cheney insists that no one in the White House ever talked about leaking Plame Wilson’s CIA status to the press in an attempt to discredit her husband. There was never any discussion, Cheney says, of “pushing back” on Wilson’s credibility by raising the issue of nepotism, the fact that his wife worked for the CIA, the same agency that dispatched him to Niger to run down the report of an agreement to supply uranium to Iraq. In his own testimony, Libby was far less emphatic, saying “[i]t’s possible” he may have discussed the idea with Cheney. Both men lie in their testimony (see March 9, 2003 and After, May 2003, June 3, 2003, June 9, 2003, June 11 or 12, 2003, (June 11, 2003), 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, 5:27 p.m. June 11, 2003, (June 12, 2003), June 19 or 20, 2003, July 7, 2003 or Shortly After, July 7-8, 2003, 12:00 p.m. July 7, 2003, July 8, 2003, and 7:35 a.m. July 8, 2003). [Federal Bureau of Investigation, 5/8/2004 ; Associated Press, 11/2/2009] Cheney tells prosecutors that he and his office were merely interested in rebutting Wilson’s criticisms of the war effort, and wanted to dispel the notion among some reporters that he had selected Wilson for the Niger trip. In 2006, an attorney close to the case will say: “In his testimony the vice president said that his staff referred media calls about Wilson to the White House press office. He said that was the appropriate venue for responding to statements by Mr. Wilson that he believed were wrong.” [Federal Bureau of Investigation, 5/8/2004 ; Truthout (.org), 2/15/2006] In June 2009, the Department of Justice will reveal that Cheney and Bush had discussed the leak in a “confidential conversation” and “an apparent communication between the vice president and the president.” [Truthout (.org), 7/7/2009]
Entity Tags: Terrence O’Donnell, US Department of State, Valerie Plame Wilson, Stephen J. Hadley, US Department of Defense, Robert Novak, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Emmet Flood, Defense Intelligence Agency, Bush administration (43), Federal Bureau of Investigation, George W. Bush, Joint Chiefs of Staff, National Security Council, Judith Miller, Joseph C. Wilson, Richard (“Dick”) Cheney, US Department of Justice
Timeline Tags: Niger Uranium and Plame Outing
Author and former Nixon White House counsel John Dean reviews former ambassador Joseph Wilson’s new book, The Politics of Truth (see April 2004). Dean, who has long been a fierce critic of the Bush administration, uses the review to examine aspects of the controversy surrounding the White House’s disproven claim that Iraq attempted to buy uranium from Niger (see February 21, 2002-March 4, 2002 and July 6, 2003) and the outing of Wilson’s wife as a CIA agent through a White House leak (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, Before July 14, 2003, and July 14, 2003). Dean calls the book “riveting and all-engaging… provid[ing] context to yesterday’s headlines, and perhaps tomorrow’s, about the Iraq war and about our politics of personal destruction,” as well as detailed information about Wilson’s long diplomatic service in Africa and the Middle East, and what Dean calls “a behind-the-scenes blow-by-blow of the run-up to the 1991 Persian Gulf war.”
'Anti-Dumb-War' - Dean also admires Wilson’s opposition to the Iraq war, saying that “Wilson is not antiwar. Rather, he is ‘anti-dumb-war’” and noting that while Wilson is not himself particularly conservative (or liberal), he considers the neoconservatives who make up the driving force in President Bush’s war cabinet “right-wing nuts.”
'Vicious Hatchet Job' - Dean quickly moves into the White House-orchestrated attempt to besmirch Wilson’s credibility, calling it “the most vicious hatchet job inside the Beltway since my colleague in Richard Nixon’s White House, the dirty trickster Charles W. Colson, copped a plea for defaming Daniel Ellsberg and his lawyer (see June 1974).… It was an obvious effort to discredit Wilson’s [Niger] report, and, Wilson believes, a you-hurt-us-we-will-hurt-you warning to others.” While Wilson writes with passion and anger about the outing of his wife, he restrains himself from giving too many personal details about her, relying instead on material already revealed in press interviews and reports. Dean notes that Wilson believes his wife’s name was leaked to the press by any or all of the following White House officials: Lewis “Scooter” Libby, the chief of staff to Vice President Dick Cheney; Karl Rove, Bush’s chief political strategist; and Elliott Abrams, a national security adviser and former Iran-Contra figure (see October 7, 1991). Though Dean is correct in noting that Wilson comes to his conclusions “based largely on hearsay from the Washington rumor mill,” he will be proven accurate in two out of three of his assertions (see July 8, 2003,
11:00 a.m. July 11, 2003, June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Wilson continues to fight attacks from Bush supporters, but, Dean notes, if they actually read his book, “they should understand that they have picked a fight with the wrong fellow.” [New York Times, 5/12/2004]
Special counsel Patrick Fitzgerald negotiates with NBC bureau chief Tim Russert about his conversations with White House official Lewis Libby (see July 10 or 11, 2003), particularly, according to documents later filed with the court in the Libby perjury trial, regarding “one or more conversations between [Russert] and [Libby] on or about July 10, 2003 (and any follow-up conversations) which involved Libby complaining to [Russert] in his capacity as NBC bureau chief about the on-the-air comments of another NBC correspondent.” Russert, through his lawyers, declines to testify before Fitzgerald’s grand jury, though he does “agree to preserve any relevant notes, tapes, or other documents” (see June 2004). As a result, Fitzgerald will issue a subpoena (see May 21, 2004). Russert has cooperated with the FBI in the investigation (see November 24, 2003), and recently spoke to Libby about the investigation (see Late February or Early March, 2004). [US Department of Justice, 2/23/2006 ]
CBS graphic illustrating interview with General Anthony Zinni. [Source: CBS News]Retired Marine General Anthony Zinni was the chief of the US Central Command until 2000, and, until just before the invasion of Iraq, the Bush administration’s special envoy to the Middle East. Now he has become an outspoken critic of the administration’s war efforts in Iraq. Zinni gives an interview to CBS’s 60 Minutes, in part to promote his new biography, Battle Ready, co-authored by famed war novelist Tom Clancy.
'Dereliction of Duty' among Senior Pentagon Officials - Zinni says that senior officials at the Pentagon, from Defense Secretary Donald Rumsfeld on down, are guilty of what he calls dereliction of duty, and he believes it is time for “heads to roll.” Zinni tells correspondent Steve Kroft: “There has been poor strategic thinking in this. There has been poor operational planning and execution on the ground. And to think that we are going to ‘stay the course,’ the course is headed over Niagara Falls. I think it’s time to change course a little bit, or at least hold somebody responsible for putting you on this course. Because it’s been a failure.” In his book, Zinni writes: “In the lead up to the Iraq war and its later conduct, I saw at a minimum, true dereliction, negligence, and irresponsibility, at worse, lying, incompetence, and corruption.… I think there was dereliction in insufficient forces being put on the ground and fully understanding the military dimensions of the plan. I think there was dereliction in lack of planning.”
'The Wrong War at the Wrong Time' - Zinni calls Iraq “the wrong war at the wrong time,” and with the wrong strategy. Before the invasion, Zinni told Congress (see October 31, 2002): “This is, in my view, the worst time to take this on. And I don’t feel it needs to be done now.” The generals never wanted this war, Zinni says, but the civilians in the Pentagon and the White House did. “I can’t speak for all generals, certainly,” he says. “But I know we felt that this situation was contained (see Summer 2002-2003). Saddam was effectively contained.… And I think most of the generals felt, let’s deal with this one at a time. Let’s deal with this threat from terrorism, from al-Qaeda.”
Much Larger Force Required - Zinni was heavily involved in planning for any invasion of Iraq, going back to at least 1999 (see April-July 1999). Zinni always envisioned any such invasion as being implemented with enough ground forces to get the job done quickly and cleanly. Rumsfeld had different ideas—the invasion could be carried off with fewer troops and more high-tech weaponry. Zinni wanted around 300,000 troops: “We were much in line with General Shinseki’s view. We were talking about, you know, 300,000, in that neighborhood.” Would a larger force have made a difference? Kroft asks. Zinni replies, “I think it’s critical in the aftermath, if you’re gonna go to resolve a conflict through the use of force, and then to rebuild the country.” Rumsfeld should have anticipated the level and ferocity of violence that erupted in the aftermath of the toppling of the Hussein government, but, Zinni says, he did not, and worse, he ignored or belittled those such as Shinseki and a number of foreign allies who warned him of the possible consequences. Instead, Zinni notes, Rumsfeld relied on, among other sources, fabricated intelligence from Ahmed Chalabi and his Iraqi National Congress (see September 19-20, 2001).
'Seat of the Pants Operation' - The entire reconstruction effort was, in Zinni’s mind, a seat-of-the-pants affair. “As best I could see, I saw a pickup team, very small, insufficient in the Pentagon with no detailed plans that walked onto the battlefield after the major fighting stopped and tried to work it out in the huddle,” he says, “in effect to create a seat-of-the-pants operation on reconstructing a country.” Coalition Provisional Authority head L. Paul Bremer is “a great American who’s serving his country, I think, with all the kind of sacrifice and spirit you could expect. But he has made mistake after mistake after mistake.” Bremer’s mistakes include “Disbanding the army (see May 23, 2003). De-Baathifying (see May 16, 2003), down to a level where we removed people that were competent and didn’t have blood on their hands that you needed in the aftermath of reconstruction—alienating certain elements of that society.” Zinni reserves most of the blame for the Pentagon: “I blame the civilian leadership of the Pentagon directly.”
Heads Should Roll, Beginning with Rumsfeld's - Zinni continues: “But regardless of whose responsibility I think it is, somebody has screwed up. And at this level and at this stage, it should be evident to everybody that they’ve screwed up. And whose heads are rolling on this? That’s what bothers me most.” The first one to go, Zinni says, is Rumsfeld: “Well, it starts with at the top. If you’re the secretary of defense and you’re responsible for that.”
Neoconservatives at Fault - Next up are Rumsfeld’s advisers, whom Kroft identifies as the cadre of neoconservatives “who saw the invasion of Iraq as a way to stabilize American interests in the region and strengthen the position of Israel.” Zinni says: “Certainly those in your ranks that foisted this strategy on us that is flawed. Certainly they ought to be gone and replaced.” Kroft identifies that group as including Deputy Defense Secretary Paul Wolfowitz; Undersecretary of Defense Douglas Feith; former Defense Policy Board member Richard Perle; National Security Council member Elliott Abrams; and Vice President Cheney’s chief of staff, Lewis “Scooter” Libby. Zinni calls them political ideologues who have hijacked US policy in Iraq: “I think it’s the worst-kept secret in Washington. That everybody—everybody I talk to in Washington has known and fully knows what their agenda was and what they were trying to do.” Like so many others who criticized them, Zinni recalls, he was targeted for personal counterattacks. After publishing one article, he says: “I was called anti-Semitic. I mean, you know, unbelievable that that’s the kind of personal attacks that are run when you criticize a strategy and those who propose it.”
Fundamental Conceptual Flaws - Zinni says the neoconservatives believed they could remake the Middle East through the use of American military might, beginning with Iraq. Instead, the US is viewed in the region as “the modern crusaders, as the modern colonial power in this part of the world.”
Changing Course - Zinni has a number of recommendations. He advises President Bush and his senior officials to reach out much more strongly to the United Nations, and to US allies, and secure the UN’s backing. Do these other countries “want a say in political reconstruction? Do they want a piece of the pie economically? If that’s the cost, fine. What they’re gonna pay for up front is boots on the ground and involvement in sharing the burden.” Many more troops are needed on the ground, and not just American troops, he says, enough to seal off the borders, protect the road networks.
Exit Strategy - Zinni says that planning for an exit is necessary because it is inevitable that the US will want to withdraw, and that time will come sooner rather than later. “There is a limit,” he says. “I think it’s important to understand what the limit is. Now do I think we are there yet?”
Speaking Out - He is speaking out, he says, because it is his duty to do so: “It is part of your duty. Look, there is one statement that bothers me more than anything else. And that’s the idea that when the troops are in combat, everybody has to shut up. Imagine if we put troops in combat with a faulty rifle, and that rifle was malfunctioning, and troops were dying as a result. I can’t think anyone would allow that to happen, that would not speak up. Well, what’s the difference between a faulty plan and strategy that’s getting just as many troops killed?” [CBS News, 5/21/2004]
Entity Tags: Iraqi National Congress, Douglas Feith, Donald Rumsfeld, CBS News, Bush administration (43), Anthony Zinni, Eric Shinseki, Ahmed Chalabi, Al-Qaeda, US Department of the Army, Steve Kroft, Paul Wolfowitz, Richard (“Dick”) Cheney, Richard Perle, Elliott Abrams, Tom Clancy, US Department of Defense, Lewis (“Scooter”) Libby, US Central Command, Joint Chiefs of Staff, L. Paul Bremer
Timeline Tags: Iraq under US Occupation
Washington Post reporter Glenn Kessler is interviewed by federal prosecutors as part of the Valerie Plame Wilson identity leak investigation (see December 30, 2003). Kessler testifies about two conversations he had with Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby; his testimony is not made public. Kessler does not violate any promises to confidential sources, and later says he testified at Libby’s urging. Prosecutors believe that Kessler may have been one of the reporters who was given Plame Wilson’s name by White House officials (see Before July 14, 2003), but Kessler does not name Libby as a source of Plame Wilson’s identity. [Washington Post, 6/25/2004; New York Times, 8/10/2004; Washington Post, 8/10/2004] According to reporter Timothy Phelps, Kessler testifies that Libby never mentioned either Plame Wilson or her husband, Joseph Wilson. [Columbia Journalism Review, 1/1/2006]
Lawyers for NBC News reporter and Meet the Press anchor Tim Russert argue that Russert should not have to testify before the Fitzgerald grand jury investigating the Plame Wilson identity leak (see May 21, 2004 and May 13-20, 2004). Since the spring of 2004, his lawyers have realized that Russert’s testimony could be used to indict White House official Lewis Libby for perjury, as Libby has apparently lied about a conversation he and Russert had in the summer of 2003 (see July 10 or 11, 2003, March 5, 2004, and March 24, 2004). Russert knows that special prosecutor Patrick Fitzgerald already knows of the Russert/Libby conversation (see November 24, 2003), and Libby has already signed a waiver permitting Russert to name him in testimony (see January 2-5, 2004). But Russert and his lawyers argue that he should not have to testify because it might harm his relationship with other sources. According to court papers released in 2006, it “appears that Mr. Russert’s testimony is sought solely because the special prosecutor believes that his recollection of a telephone conversation with an executive branch official is inconsistent with that official’s statements.” [Washington Post, 1/10/2006] On July 21, 2004, the court will deny Russert’s motion. [MSNBC, 2/12/2007]
Special counsel Patrick Fitzgerald informs Lee Levine, the lawyer for NBC bureau chief Tim Russert, of what he intends to ask Russert in front of the grand jury investigating the Plame Wilson identity leak (see May 21, 2004). Fitzgerald notes that he has promised Russert’s testimony would be kept secret. He writes: “Special counsel intends to ask your client about the following subject matter in the grand jury: telephone conversation(s) between I. Lewis Libby and your client, Tim Russert, on or about July 10, 2003 (and any follow up conversations) which involved Mr. Libby complaining to Mr. Russert in his capacity as NBC bureau chief about the on-air comments of another NBC correspondent (see July 10 or 11, 2003). To be clear, we will also ask whether during that conversation Mr. Russert imparted information concerning the employment of Ambassador [Joseph] Wilson’s wife [Valerie Plame Wilson, a clandestine CIA official] to Mr. Libby or whether the employment of Wilson’s wife was otherwise discussed in the conversation.” [Office of the Special Counsel, 6/2/2004 ]
During a press conference, President Bush is asked, “[D]o you stand by your pledge to fire anyone found to have” leaked CIA agent Valerie Plame Wilson’s name to the press? Bush replies, “Yes.” [White House, 6/10/2004] Not only will Bush not fire either his chief political adviser Karl Rove or Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby, when evidence clearly shows both men leaked Plame Wilson’s name to the media, but when Libby is later convicted of lying about his leaks and obstructing justice in the investigation, Bush will commute his sentence, ensuring that Libby does not pay for his crimes (see July 2, 2007).
Washington Post reporter Glenn Kessler is interviewed by special prosecutor Patrick Fitzgerald as part of Fitzgerald’s investigation of the Plame Wilson identity leak. Kessler has agreed to give a deposition concerning two of his telephone conversations with Lewis Libby, the chief of staff for Vice President Dick Cheney, on July 12 (see July 12, 2003) and July 18, 2003. Libby and other White House aides have signed waivers releasing Kessler and other journalists from any confidentiality agreements they may have concerning Plame Wilson (see January 2-5, 2004). Kessler tells Fitzgerald that Libby did not mention Plame Wilson or her husband, former ambassador Joseph Wilson, during their conversations. He says that without the waiver he would have refused to testify; Post executive editor Leonard Downie Jr. says the agreement to allow Kessler to be deposed was “reached in a way so that we are not violating any confidential source agreements, and we will never do so willingly.” Kessler’s deposition takes place in the presence of Post lawyers, at a law office, and not before Fitzgerald’s grand jury. [Washington Post, 6/23/2004; Marcy Wheeler, 2/12/2007]
President Bush is interviewed for over an hour as part of the ongoing investigation into the Valerie Plame Wilson identity leak (see December 30, 2003). Bush, who is not sworn in, is interviewed by a team of federal prosecutors led by special counsel Patrick Fitzgerald. His lawyer, James Sharp (whom Bush has nicknamed “Shooter”), is also present during questioning (see June 5, 2004). White House press secretary Scott McClellan refuses to divulge any details of what Bush says to his interviewers, only telling reporters: “The leaking of classified information is a very serious matter. The president directed the White House to cooperate fully with those in charge of the investigation. He was pleased to do his part to help the investigation move forward.” Fitzgerald has already interviewed Vice President Dick Cheney (see May 8, 2004), and has called several current and former White House officials to testify before a grand jury. He has also subpoenaed a number of records, including White House phone logs. McClellan confirms that the interview with Bush and Sharp lasted about 70 minutes; asked if the White House had set a time limit on the interview, he says it would be “wrong to characterize it that way.” Even though Bush does not testify under oath, federal law requires him to be truthful in his statements, and he could be charged with making false statements if prosecutors found he lied or was evasive. [New York Times, 6/25/2004; McClellan, 2008, pp. 228]
Directly Contradicting Cheney - The media will later learn that Bush says he personally directed Cheney to lead a White House effort to counter allegations made by Plame Wilson’s husband, Joseph Wilson, that the White House had manipulated intelligence to make the case for war with Iraq (see March 9, 2003 and After). Bush also admits that he directed Cheney to disclose classified information that would both defend his administration and discredit Wilson. His testimony directly contradicts Cheney’s. Bush says he did not know that Cheney had told his then-chief of staff, Lewis “Scooter” Libby, to covertly leak the classified information to the media instead of releasing it to the public in the usual, overt fashion.
Denies Instructing Subordinates to Leak Plame Wilson Info - He also denies telling anyone to reveal Plame Wilson’s CIA status, and says he does not know who in his administration made her CIA status public knowledge. Libby has testified that neither Bush nor Cheney directed him or any other White House official to leak Plame Wilson’s identity. According to one senior government official, Bush told Cheney to “Get it out,” or “Let’s get this out,” regarding information that administration officials believed would rebut Wilson’s allegations and would discredit him. Another source with direct knowledge of the interview will later say that characterization is consistent with what Bush tells Fitzgerald. Libby told the grand jury that Cheney had told him to “get all the facts out” to defend the administration and besmirch Wilson. [National Journal, 7/3/2006]
Time reporter Matthew Cooper, facing a subpoena to testify before the grand jury investigating the Plame Wilson identity leak (see May 21, 2004), discusses the matter with White House official Lewis Libby. According to an affidavit later filed by special counsel Patrick Fitzgerald, Cooper tells Libby that his “recollection of events [referring to their conversation in which Libby outed Valerie Plame Wilson as a CIA official—see 11:00 a.m. July 11, 2003) is basically exculpatory, and asked Libby if Libby objected to Cooper testifying.” Libby indicates he has no objections, and suggests their attorneys should discuss the issue. [US District Court for the District of Columbia, 6/29/2007 ] Presumably, this is to determine whether Libby will agree to grant Cooper a waiver of confidentiality that would allow him to testify about their conversation.
NBC reporter Tim Russert, host of its flagship Sunday morning political talk show Meet the Press, testifies to FBI investigators probing the Valerie Plame Wilson identity leak (see December 30, 2003). He is deposed under oath and is audiotaped, but is not compelled to testify directly to the grand jury investigating the leak. According to an NBC statement, Russert is interviewed under oath, and testifies that he was the recipient of a leak; NBC will later claim that the interview was allowed as part of an agreement to avoid a protracted court fight. Russert is not asked to disclose a confidential source. “The questioning focused on what Russert said when Lewis (Scooter) Libby, Vice President Dick Cheney’s chief of staff, phoned him last summer” (see July 10 or 11, 2003), the statement reads. “Russert told the special prosecutor that at the time of the conversation he didn’t know Plame’s name or that she was a CIA operative and did not provide that information to Libby.” [Office of Special Counsel, 7/27/2004 ; New York Times, 8/10/2004; Associated Press, 8/11/2004] Neither did Libby disclose Plame Wilson’s identity to him, Russert testifies. Russert and NBC News initially resisted the subpoena on First Amendment grounds, but relented after prosecutor Patrick Fitzgerald agreed not to compel Russert to appear before the grand jury, or to disclose confidential sources or information. [Washington Post, 8/10/2004] Russert has already talked informally with John Eckenrode, the FBI investigator overseeing the day-to-day investigation duties (see November 24, 2003). He told Eckenrode that Libby’s claim of learning Plame Wilson’s identity from him was false, and that he and Libby never discussed Plame Wilson at all. [National Journal, 2/15/2007] Libby’s claim that he learned of Plame Wilson’s identity from Russert will lead to perjury charges (see October 28, 2005).
The grand jury investigating the leak of Valerie Plame Wilson’s covert CIA identity (see December 30, 2003) subpoenas New York Times reporter Judith Miller to testify. The Times says it will fight the subpoena. [US District Court for the District of Columbia, 8/12/2004 ; Washington Post, 7/3/2007]
Unusual Negotiations between Lawyers - The subpoena will open a lengthy and sometimes puzzling set of negotiations between lawyers for Miller and her source, White House aide Lewis “Scooter” Libby. Miller refuses to divulge the identity of her source or the contents of their conversations (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). But she sends her lawyer, Floyd Abrams, to talk to Libby’s lawyer, Joseph Tate, to see if Libby will approve of her testimony. According to Abrams and others involved in the negotiations, Tate initially tells Abrams that Miller is free to testify. However, Abrams will say, Tate says that Libby never told Miller the name or the undercover status of Plame Wilson. This raises a conflict for Miller: her notes clearly indicate that she was told three times about Plame Wilson’s identity. If she testifies, she will contradict Libby’s own accounts of their conversations.
Libby Attempting to Influence Miller? - Miller decides that Libby is sending her a signal not to testify. She will later recalls Abrams’s recounting of his conversation with Tate: “He was pressing about what you would say. When I wouldn’t give him an assurance that you would exonerate Libby, if you were to cooperate, he then immediately gave me this, ‘Don’t go there, or, we don’t want you there.’” Abrams himself will recall: “On more than one occasion, Mr. Tate asked me for a recitation of what Ms. Miller would say. I did not provide one.” (Tate will angrily dispute both Abrams’s and Miller’s recollections, saying: “I never once suggested that she should not testify. It was just the opposite. I told Mr. Abrams that the waiver was voluntary.… ‘Don’t go there’ or ‘We don’t want you there’ is not something I said, would say, or ever implied or suggested.”) Miller’s executive editor, Bill Keller, will later say that Miller believed Libby feared her testimony. “Judy believed Libby was afraid of her testimony,” he will recall. “She thought Libby had reason to be afraid of her testimony.” Because of these reasons, Miller will decide not to further pursue the idea of a waiver from Libby that would allow her to testify about their conversations. For over a year, the two sides do not speak to one another. “I interpreted the silence as, ‘Don’t testify,’” Miller will later say. Tate will counter that he never understood why Miller or Abrams wanted to discuss the matter further. [New York Times, 10/16/2005]
McClellan: Fighting to Protect Partisan Government Leakers - In 2008, one-time White House press secretary Scott McClellan will write of Miller and fellow journalist Matthew Cooper, also battling a subpoena (see August 9, 2004): “Of course, there was a curious twist to the defense used by Cooper and Miller. By refusing to divulge the names of their sources in the leak case, the two reporters were not protecting courageous whistle-blowers revealing government wrongdoing in the public interest. Rather, they were shielding government officials whom administration critics believed had used leaks as weapons of partisan warfare. It was hard for some in the public, and especially those critical of the administration, to see this as an act of journalism.… This episode… seemed to confirm for at least some administration critics that reporters were no longer heroic figures, but were now participating in the same partisan warfare they created.” [McClellan, 2008, pp. 256]
Time reporter Matthew Cooper, facing jail time for refusing to honor a subpoena issued by the grand jury investigating the Valerie Plame Wilson CIA identity leak (see August 9, 2004), agrees to make a deposition after his source, vice-presidential chief of staff Lewis Libby, releases him from a confidentiality pledge (see August 5, 2004). [Washington Post, 7/3/2007; Washington Post, 7/3/2007] Following Cooper’s agreement to testify, contempt charges against him are dismissed. [PBS, 8/24/2004; Washington Post, 8/25/2004] Time managing editor Jim Kelly will later say: “Matt would have gone to jail if Libby didn’t waive his right to confidentiality… and we would have fought all the way to the Supreme Court. Matt has been absolutely steadfast in his desire to protect anonymous sources.” [Washington Post, 8/25/2004] In the deposition, Cooper describes a conversation he had with Libby concerning Plame Wilson’s identity. Cooper will later describe his conversation in an article for Time that will recount his deposition as well as his July 2005 grand jury testimony (see July 13, 2005). According to Cooper, the conversation with Libby was originally on the record, but “moved to background.” On the record, Libby denied that Vice President Cheney knew about, or played any role in, sending Joseph Wilson to Niger (see (February 13, 2002)). On background, Cooper asked Libby if he had heard anything about Wilson’s wife sending her husband to Niger. Libby replied, “Yeah, I’ve heard that too,” or something similar. Cooper says that Libby did not use Plame Wilson’s name. Nor did he indicate that he had learned her name from other reporters, as Libby has claimed (see March 5, 2004, March 24, 2004, and July 10 or 11, 2003). [US District Court for the District of Columbia, 9/27/2004 ; New York Times, 7/10/2005; Time, 7/17/2005] Under an agreement with special counsel Patrick Fitzgerald, Cooper is not asked about any other source besides Libby. [US District Court for the District of Columbia, 9/27/2004 ]
Judge Thomas Hogan denies an appeal from New York Times reporter Judith Miller asking that a subpoena for her to testify in the Plame Wilson identity leak investigation be quashed (see August 12, 2004 and After). Hogan writes that Miller must describe any conversations she had with “a specified executive branch official.” [PBS, 9/2004; US District Court for the District of Columbia, 9/9/2004 ] Presumably, the person is former White House official Lewis Libby.
Deputy White House chief of staff Karl Rove, President Bush’s top political adviser, testifies for a third time before the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003). (The date of Rove’s second testimony to the grand jury is not publicly known, though Newsweek’s Michael Isikoff later says Rove testified twice in February 2004.) Rove tells the jury that he spoke with Time magazine reporter Matthew Cooper (see 11:00 a.m. July 11, 2003), a conversation he has failed to disclose in previous testimony both before the jury and when interviewed by FBI agents (see October 8, 2003 and February 2004). Rove now says he recalls speaking with Cooper, but cannot remember details of their conversation. His lawyer, Robert Luskin, says Rove “answered fully and truthfully every one of their questions,” and did not try to avoid answering questions on legal grounds. White House press secretary Scott McClellan says that Rove’s testimony shows he is “doing his part to cooperate” in the probe. Terry McAuliffe, the chairman of the Democratic National Committee, charges that Rove and other Bush aides are refusing to tell the public everything they know about the outing of Plame Wilson as a CIA official. “Karl Rove needs to come clean and tell us what he told the grand jury today,” McAuliffe says. Luskin claims that Rove has been informed he is not a target of the inquiry. [Time, 10/15/2004; New York Times, 10/16/2004; National Journal, 4/28/2006; Newsweek, 5/8/2006]
Names Libby - Rove informs the jury that he may have learned of Plame Wilson’s identity from former White House official Lewis Libby, the chief of staff to Vice President Dick Cheney. Almost a year later, the Washington Post will learn of Rove’s naming of Libby from “a source familiar with Rove’s account.” Days before Plame Wilson’s identity was publicly revealed (see July 14, 2003), Libby and Rove discussed conversations they had had with Cooper and other, unnamed reporters. Both Plame Wilson’s CIA identity and her husband, war critic Joseph Wilson, were discussed, Rove tells the jury. He says that his conversations with Libby were confined to information the two men heard from reporters. He also says he heard about Plame Wilson’s CIA identity from “someone outside the White House,” but cannot recall that person’s identity. [Washington Post, 10/20/2005]
Claim of Memory Failure - Rove has claimed not to remember the conversation between himself and Cooper, but has recently found an e-mail he sent to Deputy National Security Adviser Stephen Hadley confirming the conversation (see After 11:07 a.m. July 11, 2003). Rove and Luskin claim that Rove only recently found the e-mail and immediately turned it over to Fitzgerald’s investigators. They claim that Rove never intended to withhold evidence from the investigation. [New York Times, 11/4/2005]
Kerry Campaign Calls for Full Disclosure from White House - Joe Lockhart, the campaign spokesman for the presidential campaign of John Kerry (D-MA), says: “With two weeks to go before the election, the American people are still in the dark about how it is that their White House leaked the name of an undercover CIA operative to the press, jeopardizing the life of this agent and possibly violating federal law. Instead of hiding behind the lawyers he so often likes to criticize, George Bush should direct Karl Rove and anyone else involved to go to the White House briefing room and come clean about their role in this insidious act.” [Salon, 10/15/2004]
Entity Tags: Scott McClellan, Terry McAuliffe, Stephen J. Hadley, Matthew Cooper, Robert Luskin, Karl C. Rove, Bush administration (43), Federal Bureau of Investigation, Lewis (“Scooter”) Libby, Joe Lockhart, George W. Bush
Timeline Tags: Niger Uranium and Plame Outing
Time reporter Matthew Cooper agrees to testify before the grand jury in the Valerie Plame Wilson identity leak investigation (see December 30, 2003 and July 13, 2005) after the source he has been protecting, White House political adviser Karl Rove, gives him a waiver dissolving their confidentiality agreement. Sources say that Cooper will identify Rove as a person who revealed Plame Wilson’s CIA identity to him. Cooper says he is prepared to remain “in civil contempt,” and ready to go to jail for defying the grand jury subpoenas, “because even though Time magazine had, over my objections, turned over my notes and e-mails to the special counsel under a court order, and even though the prosecutor has all that information now, I wanted—I was prepared to go and remain in civil contempt because I had given a word to my source for two years, which I have kept my word to that source today, for two years. This morning, in what can only be described as a stunning set of developments, that source agreed to give me a specific personal and unambiguous waiver to speak before the grand jury.” [New York Times, 7/7/2005] Cooper has not asked Rove for a waiver before, in part because his lawyer advised against it. Additionally, Time editors were worried about becoming part of such an explosive story in an election year. And Rove’s attorney, Robert Luskin, believed that contacting Cooper would have amounted to interfering with the ongoing court battle between reporter and prosecutor. [Los Angeles Times, 8/25/2005] Cooper adds, “It’s with a bit of surprise and no small amount of relief that I will comply with this subpoena.” Cooper refuses to publicly divulge the source he has been protecting, but a person briefed on the case confirms Cooper’s source as being Rove. [New York Times, 7/7/2005] Cooper did not speak to Rove directly on the issue. The waiver of confidentiality is the product of what the New York Times describes as “a frenzied series of phone calls” between Cooper’s lawyer Richard Sauber, Rove’s lawyer Luskin, and special prosecutor Patrick Fitzgerald. Cooper views his case as substantially different from that of his New York Times colleague, Judith Miller (see July 6, 2005). Miller has consistently refused to testify, but Cooper has already testified once, describing conversations he had with White House aide Lewis “Scooter” Libby (see August 24, 2004). And while the New York Times has consistently supported Miller, Time magazine has been more equivocal, turning over documents to Fitzgerald that identified Rove as Cooper’s source. Cooper’s friend Steven Waldman, a former US News and World Report editor who has talked with Cooper in recent days, says, “The question that was on his mind, and this is my words, is: do you go to jail to protect the confidentiality of a source whose name has been revealed, and not by you but by someone else?” Still, Cooper resisted until he saw an article in the Wall Street Journal that quoted Luskin as saying, “If Matt Cooper is going to jail to protect a source, it’s not Karl he’s protecting.” That statement prompted a round of telephone discussions between Luskin, Sauber, and Fitzgerald, culminating in Cooper’s decision to testify. “A short time ago,” Cooper tells the court, “in somewhat dramatic fashion, I received an express personal release from my source.” [New York Times, 7/10/2005]
Entity Tags: Richard Sauber, Lewis (“Scooter”) Libby, Karl C. Rove, Judith Miller, Matthew Cooper, Patrick J. Fitzgerald, Valerie Plame Wilson, Robert Luskin, Steven Waldman, New York Times, Time magazine
Timeline Tags: Niger Uranium and Plame Outing
David Gregory. [Source: TopNews (.us)]In light of the revelation that White House deputy chief of staff Karl Rove was a source for a reporter in the Valerie Plame Wilson identity leak (see July 10, 2005), the White House press corps grills press secretary Scott McClellan unmercifully on the entire issue. Plame Wilson will reveal a modicum of sympathy for the beleaguered McClellan, whom she will note “endured what had to be one of his hardest days on the job as reporters competed to ask the next question.” The reporters are eager to pry information out of McClellan and are exasperated at his refusal to answer questions in any depth.
Fire Rove? - One of the most probing questions involves the White House’s promise to fire anyone involved in the leak (see September 29, 2003). Asked, “Does the president stand by his pledge to fire anyone involved in the leak of a name of a CIA operative?” McClellan responds that the White House is not going to comment on an ongoing investigation, an answer the gathered reporters find less than satisfactory. “Excuse me,” the reporter continues, “but I wasn’t actually talking about any investigation. But in June of 2004, the president said that he would fire anybody who was involved in the leak. And I just want to know, is that still his position?” McClellan continues to deflect the question with the standard “refusal to comment on an ongoing investigation” line. He also refuses to answer the direct question, “Did Karl Rove commit a crime?”
McClellan Cleared Rove, Others of Culpability - Another reporter, apparently NBC’s David Gregory, asks why McClellan told reporters that Rove, along with National Security Council staffer Elliott Abrams and the chief of staff to Vice President Dick Cheney, Lewis “Scooter” Libby, were definitely not involved in the leak. “[Y]ou said, ‘I’ve gone to each of those gentlemen, and they have told me they are not involved in this’—do you stand by that statement?” McClellan confirms he said that “as part of helping the investigation move forward on the investigation we’re not going to get into commenting on it. That was something I stated back near that time, as well.” The reporter calls McClellan’s response “ridiculous,” and says: “The notion that you’re going to stand before us after having commented with that level of detail and tell people watching this that somehow you decided not to talk. You’ve got a public record out there. Do you stand by your remarks from that podium, or not?” When McClellan says he will go into further detail “at the appropriate time,” Gregory interjects, “Why are you choosing when it’s appropriate and when it’s inappropriate?” McClellan begins, “If you’ll let me finish—” and Gregory cuts him off, saying: “No, you’re not finishing—you’re not saying anything. You stand at that podium and said that Karl Rove was not involved. And now we find out that he spoke out about Joseph Wilson’s wife. So don’t you owe the American public a fuller explanation? Was he involved, or was he not? Because, contrary to what you told the American public, he did, indeed, talk about [Wilson’s] wife, didn’t he?” McClellan continues to refuse to answer. Later in the conference, he is asked if “you will be consistent with your word and the president’s word that anybody who was involved would be let go?” McClellan says he “will be glad to talk about it at that point.”
Ordered to Stop Talking? - Another reporter, following up on Gregory’s relentless questioning, asks: “When did they ask you to stop commenting on it, Scott? Can you peg down a date?” McClellan answers vaguely, “Back in that time period.” The reporter then notes that “the president commented on it nine months later (see June 10, 2004). So was he not following the White House plan?” Again, McClellan refuses to answer. Another reporter tries a different tack, asking, “Can you walk us through why, given the fact that Rove’s lawyer has spoken publicly about this, it is inconsistent with the investigation, that it compromises the investigation to talk about the involvement of Karl Rove?” McClellan answers that “those overseeing the investigation expressed a preference to us that we not get into commenting on the investigative side while it’s ongoing.”
When Did Bush Know? - McClellan is asked bluntly, “When did the president learn that Karl Rove had—” to which McClellan interrupts with, “I’ve responded to that question.”
Changing the Subject - McClellan then calls on Raghubar Goyal of the India Times, who he is sure will ask a foreign policy question having nothing to do with Rove or Plame Wilson. He manages to keep the subject more or less off of Rove for the remainder of the conference. Plame Wilson will recall, “I almost felt sorry for McClellan, who was perspiring and had that deer-in-the-headlights look to him.” [White House, 7/11/2005; Wilson, 2007, pp. 223-227]
Change in Media Focus - After this press conference, as Plame Wilson will note, the press begins issuing far more skeptical reports on the leak and its investigation, depending less on White House spin about the Wilsons’ supposed culpability and zeroing in on the roles of Rove, Libby, and other White House officials. Plame Wilson will recall that for the first time, the pressure was easing off of them and being refocused onto the White House. [Wilson, 2007, pp. 227-228]
McClellan: Press Conference 'Brutal,' 'Humiliating' - McClellan will later characterize the press conference as “brutal.” He calls NBC’s Gregory “mocking” when Gregory asks whether he still stands by his old assertions of no involvement by Rove (see September 29, 2003), Lewis Libby (see October 4, 2003), and Elliott Abrams (see October 5, 2003). ABC’s Terry Moran is incredulous that McClellan would try to hide behind a refusal to “comment on an ongoing investigation.” McClellan will later write, “Eventually, long after leaving the White House, I came to see that standing in front of the speeding press bus in those days had much more to do with protecting the president and the White House from further political embarrassment than respecting the sanctity of the investigation.” McClellan will reflect that it was during this press conference, as he felt his “reputation crumbling away, bit by bit,” that he began to lose his “affection for the job.” He will write: “The ridicule I received that day and the following ones, though dispiriting and humiliating, was justified, given what I had previously said. Since my hands were tied (see July 10, 2005), about all I could do was go into a defensive crouch.” After the conference, McClellan receives a brief verbal apology from Rove. McClellan will write, “It’s clear to me, Karl was only concerned about protecting himself from possible legal action and preventing his many critics from bringing him down.” [McClellan, 2008, pp. 260-261]
Entity Tags: Elliott Abrams, Joseph C. Wilson, Lewis (“Scooter”) Libby, David Gregory, Bush administration (43), Raghubar Goyal, Karl C. Rove, Richard (“Dick”) Cheney, Scott McClellan, Valerie Plame Wilson, Terry Moran
Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing
One day after the New York Times revealed that Karl Rove was a source for the 2003 outing of CIA official Valerie Plame Wilson (see July 14, 2005), unnamed sources tell the New York Daily News that special counsel Patrick Fitzgerald is also examining the role of former White House press secretary Ari Fleischer in the leak. “Ari’s name keeps popping up,” one of the sources tells the Daily News. The press is not yet aware that Fleischer is, indeed, one of the White House officials who leaked Plame Wilson’s identity (see July 7, 2003, 8:00 a.m. July 11, 2003, 1:26 p.m. July 12, 2003), nor is it aware that Fitzgerald has offered Fleischer immunity in return for his testimony in his investigation (see February 13, 2004, June 10, 2004, and September 2004). Sources also note that Fitzgerald is focusing on Vice President Dick Cheney’s chief of staff Lewis Libby, whom one source describes as “totally obsessed with [Joseph] Wilson,” the husband of Plame Wilson who angered the administration by publishing an op-ed debunking a key claim President Bush used to justify his decision to invade Iraq (see July 6, 2003). And, the sources say, Fitzgerald is keenly interested in a State Department memo revealing Plame Wilson’s identity (see June 10, 2003 and (July 15, 2005)). [New York Daily News, 7/15/2005] Author and blogger Marcy Wheeler, covering the Libby perjury trial in 2007, will write of her suspicions that the information to the Daily News was leaked by Rove, or someone close to him, to attempt to turn media attention away from himself and onto someone else. “Clearly, the behind-the-scenes media campaign was giving reporters fresh meat (in the form of Fleischer) to distract them from Rove,” Wheeler will write. Wheeler will note that while the media remains interested in Rove, the apparent distraction attempt will work, with media attention focusing on Fleischer and how the memo may incriminate him in the investigation. She will write, “The press, which just a day before had been in a frenzy reporting Rove’s demonstrable role in the CIA leak, had abruptly shifted its attention to chasing down a story implicating Fleischer and (to a lesser degree) [former Secretary of State] Colin Powell in unsubstantiated ways.” Wheeler goes on to observe: “The leak campaign against Fleischer served one other purpose, albeit a crafty one. Since Libby had told Fleischer of Valerie [Plame] Wilson’s identity in such a way that made it appear that Libby knew her identity was classified, Fleischer was a potential witness against Libby. Focusing suspicion on Fleischer would undermine his role as a witness if Libby were to face charges. The leaks about Fleischer and the [State Department] memo served several purposes: They distracted the press corps from validated revelations of Rove’s involvement; they provided an alternative source for the Novak leak and a provenance for that leak outside the White House; and they impugned a potential witness at a trial. All of this was possible because some journalists didn’t question what they were being fed by their unnamed sources.” [Marcy Wheeler, 2/4/2007]
Former State Department official Marc Grossman, who has testified that he is one of the officials who divulged former CIA covert official Valerie Plame Wilson’s identity to former White House aide Lewis Libby (see 12:00 p.m. June 11, 2003), tells reporters that former ambassador Joseph Wilson’s trip to Niger (see March 4-5, 2002) had nothing to do with Plame Wilson being Wilson’s wife, as many of Libby’s defenders assert. Grossman wrote a memo detailing Wilson’s trip to Niger (see June 10, 2003) that was given to Libby and other White House officials. Grossman, speaking anonymously, says: “It wasn’t a Wilson-Wilson wife memo. It was a memo on uranium in Niger and focused principally on our [the State Department’s] disagreement” with the White House. The memo noted, erroneously, that Plame Wilson helped engineer Wilson’s trip to Niger (see February 19, 2002, July 22, 2003, and October 17, 2003), but Grossman says it did not identify her as an undercover CIA agent, nor did it identify her as Valerie Plame, which was her maiden name and cover name at the CIA. Grossman says the fact that the CIA official and Wilson were a married couple was largely an incidental reference. [Associated Press, 7/20/2005] Grossman will be revealed as the anonymous source who speaks to reporters at this time in April 2006. [Truthout (.org), 4/14/2006]
Bloomberg News reports that Lewis Libby, Vice President Dick Cheney’s chief of staff, testified that he first learned of CIA official Valerie Plame Wilson’s identity from NBC bureau chief Tim Russert. Libby will make this claim a staple of his defense in his upcoming perjury trial (see January 16-23, 2007). He is referring to a conversation he had with Russert in July 2003 (see July 10 or 11, 2003). He testified to the claim when he was interviewed by special counsel Patrick Fitzgerald as part of the Plame Wilson identity leak investigation (see October 14, 2003 and November 26, 2003). Russert has told FBI investigators that he did not tell Libby of Plame Wilson’s identity (see November 24, 2003 and August 7, 2004). Similarly, White House political strategist Karl Rove has testified that he learned of Plame Wilson’s identity from columnist Robert Novak (see September 29, 2003, October 8, 2003, and October 15, 2004). Novak has told investigators that he learned of Plame Wilson’s identity from Rove, CIA spokesman Bill Harlow, and Deputy Secretary of State Richard Armitage (see October 7, 2003, February 5, 2004, and September 14, 2004). Fitzgerald has determined that both Libby and Rove may have deliberately lied to the FBI and to his investigations in making their claims (see October and November 2003). According to Rove’s attorney Robert Luskin, Rove told Fitzgerald’s grand jury that “he had not heard her name before he heard it from Bob Novak.” Senator Charles Schumer (D-NY) says that the White House should suspend Libby and Rove’s security clearances (see July 13, 2005), and that President Bush should fire anyone involved in the leak, presumably meaning Libby and Rove. [Bloomberg, 7/22/2005; Washington Post, 7/23/2005]
Entity Tags: Richard Armitage, Karl C. Rove, Charles Schumer, Bill Harlow, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, Robert Luskin, Robert Novak, Valerie Plame Wilson, Tim Russert, Patrick J. Fitzgerald
Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing
Arianna Huffington. [Source: Boston Globe]Liberal blogger Arianna Huffington slams the perception that New York Times reporter Judith Miller is, in Huffington’s words, “a heroic martyr, sacrificing her freedom in the name of journalistic integrity” by going to jail to protect her White House sources in the Plame Wilson leak investigation (see July 6, 2005). Huffington speculates that Miller is herself the source she is trying to protect. It was Miller, Huffington theorizes, who found out from “her friends in the intelligence community” that Plame Wilson was a covert CIA agent, and subsequently told White House official Lewis Libby of Plame Wilson’s CIA status. Miller’s motivation was to protect her own rapidly deteriorating reputation as a purveyor of manipulated and deceptive information to promote the Iraq invasion (see July 6, 2003 and July 25, 2003). “Maybe Miller tells [White House official Karl] Rove too—or Libby does. The White House hatchet men turn around and tell [reporters Robert] Novak and [Matthew] Cooper. The story gets out. This is why Miller doesn’t want to reveal her ‘source’ at the White House—because she was the source.… This also explains why Miller never wrote a story about Plame, because her goal wasn’t to write a story, but to get out the story that cast doubts on Wilson’s motives. Which Novak did” (see July 14, 2003). [Huffington Post, 7/27/2005] When Miller learns of Huffington’s article, via her lawyer Saul Pilchen, she is horrified. Pilchen, himself taken aback by Huffington’s vociferous and unsourced assertions (which Huffington called “a scenario” and not established fact), will later tell reporter Marie Brennan: “It was my first experience with the blog culture. It was astounding to me how little constraint the bloggers had. They were passing off speculation as fact, and it read to me like pure character assassination.” Miller considers the Huffington piece certainly mistaken, and possibly libelous. But, as Brennan will later observe, the discussion and debate generated by Huffington and many others in the “blogosphere” make it difficult for fellow journalists to defend Miller. Reporter Lowell Bergman, a Miller defender, will later tell Brennan that it quickly became clear that Huffington’s idea of Miller being part of a White House conspiracy “was a fantasy fed by the deep animosity of people toward Judy.… It was a surrogate for what they all wanted to do to the Bush administration.” [Huffington Post, 7/27/2005; Vanity Fair, 4/2006]
CIA official Robert Grenier, who in 2003 was the agency’s Iraq mission manager and who informed former White House official Lewis Libby that Valerie Plame Wilson was a CIA official (see 2:00 p.m. June 11, 2003), testifies about his knowledge of the Plame Wilson identity leak to the grand jury investigating it. [Marcy Wheeler, 1/24/2007] Grenier has already testified to the FBI about his conversation with Libby (see December 10, 2003).
Members of the special counsel’s investigation into the Plame Wilson identity leak learn that former White House official Lewis Libby and/or his attorney, Joseph Tate, may have tried to influence or discourage New York Times reporter Judith Miller’s testimony. Miller received information from Libby about Plame Wilson’s covert CIA status (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Special counsel Patrick Fitzgerald and his staff learn from press accounts of possible witness tampering by either Libby, Tate, or both. It is known that Tate has discouraged Libby from giving Miller a waiver of confidentiality that would free her from her responsibility of protecting Libby as a source. Miller is currently in jail for refusing to testify in the investigation (see July 6, 2005). Upon learning about the potential tampering, Fitzgerald strongly urges attorneys for Miller and Libby to negotiate an agreement that would allow Miller to testify. (Libby will give Miller a waiver releasing her from their confidentiality agreement—see September 15, 2005). According to investigative reporter Murray Waas, because Fitzgerald is loathe to lose Miller’s testimony, and is unsure of what she might testify to, he will not aggressively pursue the possibility that Libby and/or Tate might have attempted to influence or discourage Miller’s testimony (see August 12, 2004 and After). However, the possibility of witness tampering does give further impetus to Fitzgerald’s inclination to bring criminal charges against Libby. Waas will write, “Potentially misleading and incomplete answers by Libby to federal investigators are less likely to be explained away as the result of his faulty memory or inadvertent mistakes,” according to his sources. A Justice Department official will tell Waas: “Both intent and frame of mind are often essential to bringing the type of charges Fitzgerald is apparently considering. And not wanting a key witness to testify goes straight to showing that there were indeed bad intentions.” [National Journal, 10/18/2005]
Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney, tells federal investigators that he disclosed CIA case officer Valerie Plame Wilson’s name to New York Times reporter Judith Miller on July 8, 2003 (see 8:30 a.m. July 8, 2003). Reporter Murray Waas will write, “The new disclosure that Miller and Libby met on July 8, 2003, raises questions regarding claims by President Bush that he and everyone in his administration have done everything possible to assist Fitzgerald’s grand jury probe.” Many involved in the investigation question Libby’s apparent decision not to give a personal waiver of privilege to Miller, who is currently sitting in jail rather than disclosing the contents of her conversations with Libby (see July 6, 2005). Miller does not accept the validity of a general waiver signed by Libby and others at the behest of special prosecutor Patrick Fitzgerald. Fitzgerald and his prosecutors consider the meetings between Libby and Miller critical to proving that Libby committed criminal offenses by giving information on Plame Wilson’s CIA status to Miller and other reporters. [American Prospect, 8/6/2005]
Special counsel Patrick Fitzgerald writes a letter to Joseph Tate, one of the lawyers representing White House aide Lewis Libby. Fitzgerald wants to clarify any potential misunderstandings regarding Libby’s possible release of reporter Judith Miller from their understanding of confidentiality. Miller is currently serving an indefinite jail sentence over her refusal to testify before Fitzgerald’s grand jury about her conversations with Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Fitzgerald cites media accounts that indicate there may be misunderstanding between the parties; he affirms that any communication from Libby to Miller granting Miller a confidentiality waiver would be voluntary, and would not be construed as obstruction. [Office of Special Counsel, 9/12/2005 ] Three days later, Libby releases Miller from her confidentiality pledge (see September 15, 2005).
Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney, writes jailed reporter Judith Miller (see July 6, 2005) a chatty two-page letter that asserts he had wanted her to testify about their conversations all along. Miller is jailed pending her reversal of a decision not to reveal Libby as a confidential source; Libby had told Miller that former ambassador Joseph Wilson’s wife Valerie Plame Wilson was a CIA agent (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Libby’s letter comes after rounds of intensive negotiations between his lawyers, Miller’s lawyer Robert Bennett, and special counsel Patrick Fitzgerald. Libby says that he is glad to grant Miller a waiver of confidentiality which will allow her to testify about their conversations (see September 12, 2005), and says that a year earlier his lawyer had assured her lawyer that he had then waived confidentiality (see January 2-5, 2004). He reassures her that his decision to waive confidentiality is completely voluntary, and says he will actually be “better off” if she testifies. In conclusion, Libby writes: “You went into jail in the summer. It is fall now. You will have stories to cover—Iraqi elections and suicide bombers, biological threats and the Iranian nuclear program. Out West, where you vacation, the aspens will be turning. They turn in clusters, because their roots connect them. Come back to work—and life.” [Libby, 9/15/2005 ; New York Times, 9/29/2005] Miller will deny any hidden meaning in Libby’s last few lines, and deny to Fitzgerald that Libby attempted to “shape” her testimony in any way through the letter. [New York Times, 10/16/2005] Bennett will say he does not believe that Libby was trying to influence Miller’s testimony, but knew as soon as he read his letter that it would “be trouble” for her. “I know that the letter bothered [Judy] and it bothered me,” Bennett says. “She might be soon testifying, and a prosecutor might construe that as an attempt to influence her testimony. It was more probably just sort of a dumb thing to put in a letter.” Bennett will add: “I think it is important that Judy was protecting a source in terms of source confidentiality and the journalistic privilege. She was not protecting a source to prevent someone from going to jail. The letter just didn’t help matters.” [National Journal, 10/18/2005]
New York Times reporter Judith Miller is released from jail after agreeing to comply with a subpoena from the grand jury investigating the Valerie Plame Wilson identity leak (see July 6, 2005). According to Miller, the person who told her of Plame Wilson’s covert identity, former vice-presidential chief of staff Lewis “Scooter” Libby, “voluntarily and personally released me from my promise of confidentiality” (see September 15, 2005 and October 28, 2005). [Washington Post, 7/3/2007] Libby’s lawyer Joseph Tate says that his client released Miller from her confidentiality agreement over a year ago, and that he was surprised to learn that Miller and her lawyer, Robert Bennett, did not know that she was free to testify. “We told her lawyers it [Libby’s original waiver] was not coerced,” Tate says. “We are surprised to learn we had anything to do with her incarceration” (see September 12, 2005). [Washington Post, 9/30/2009] Times publisher Arthur Sulzberger says: “Judy has been unwavering in her commitment to protect the confidentiality of her source. We are very pleased that she has finally received a direct and uncoerced waiver, both by phone and in writing, releasing her from any claim of confidentiality and enabling her to testify.” Miller adds: “I went to jail to preserve the time-honored principle that a journalist must respect a promise not to reveal the identity of a confidential source. I chose to take the consequences—85 days in prison—rather than violate that promise. The principle was more important to uphold than my personal freedom.” [New York Times, 9/29/2005] In preparation for her upcoming testimony (see September 30, 2005), Sulzberger and Times executive editor Bill Keller take Miller from jail to have a massage, a manicure, a martini, and a steak dinner before she goes home to sleep in her own bed. [New York Times, 10/16/2005]
A day before New York Times reporter Judith Miller is scheduled to testify before the grand jury investigating the Plame Wilson identity leak (see September 30, 2005), Miller’s attorney, Floyd Abrams, writes a letter to Lewis Libby’s attorney, Joseph Tate, alleging that Tate had repeatedly made comments to him that may have been intended to discourage Miller from testifying. Miller is expected to provide testimony that will contradict Libby, the former chief of staff to Vice President Dick Cheney, who has testified that he never provided Valerie Plame Wilson’s identity as a CIA agent to Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Miller was concerned that Libby would not provide her with a specific waiver of confidentiality, without which she was unwilling to testify. Libby had signed a general waiver provided by special counsel Patrick Fitzgerald, but Miller did not consider that as enough of a release from her obligation to protect him, her source. Miller has said that she spent 85 days in jail (see July 6, 2005) because Tate told her that the general waiver was not given freely. Libby provided her with a specific waiver two weeks ago (see September 15, 2005). Abrams writes that Tate told him that the general waiver was “by its nature coerced and had been required as a condition for Mr. Libby’s continued employment at the White House.” Abrams writes in part: “In our [various] conversations… you did not say that Mr. Libby’s waiver was uncoerced. In fact, you said quite the opposite. You told me that the signed waiver was by its nature coerced and had been required as a condition for Mr. Libby’s continued employment at the White House. You compared the coercion to that inherent in the effective bar imposed upon the White House employees asserting the Fifth Amendment. A failure by your client to sign the written waiver, you explained, like any assertion of your client of the Fifth Amendment, would result in his dismissal. You persuasively mocked the notion that any waiver signed under such circumstances could be deemed voluntary.” Tate says that Abrams’s claims are “outrageous” and “factually incorrect,” and that neither he nor Libby has said or done anything to discourage Miller from testifying or to influence any testimony she might give. Abrams says that Tate provided him with some information from Libby’s previous testimony to the grand jury (see March 5, 2004 and March 24, 2004), and attempted to find out from him what Miller might testify to. He says he refused to provide Tate with any such information. Miller has also written that Tate expressely asked her not to “go there” when she refused to say that her testimony would exonerate Libby, but other sources have said Tate did not say anything of that nature to her. [National Journal, 10/18/2005]
The Washington Post publishes an article, written by Susan Schmidt and Jim VanderHei, that reveals details of White House official Lewis Libby’s conversations with New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Miller has just been released from jail (see September 29, 2005) after receiving a confidentiality waiver from Libby (see September 15, 2005). The details of the Libby-Miller conversations come from a source the reporters call “familiar with Libby’s account of his conversations with Miller in July 2003.” According to the source, Libby told Miller he heard that former ambassador Joseph Wilson’s wife, Valerie Plame Wilson, “had something to do with sending him” to Niger (see February 21, 2002-March 4, 2002), “but he did not know who she was or where she worked, the source said.” The reporters then write that during his second conversation with Miller, Libby said he had learned that Plame Wilson “had a role in sending him on the trip and that she worked for the CIA. Libby never knew Plame’s name or that she was a covert operative, the source said.” The source also told the reporters that Libby never spoke with columnist Robert Novak about Plame Wilson (see July 14, 2003). [Washington Post, 9/30/2009] The source “familiar with Libby’s” testimony was repeating the same falsehoods that Libby told the Plame Wilson grand jury (see March 5, 2004 and March 24, 2004). Miller will testify that in their first conversation, Libby told her that Wilson’s wife worked for the CIA’s Weapons, Intelligence, Non-Proliferation, and Arms Control office (see September 30, 2005, October 7, 2005, and October 12, 2005). [National Journal, 10/18/2005] Author and blogger Marcy Wheeler will later write that she believes Libby used the Post story to attempt to “coach” Miller’s testimony. Both Wheeler and reporter Murray Waas will note that the same anonymous source quoted in the Schmidt/VandeHei story attempted, and failed, to get articles based on the same information published in two other newspapers. Waas will write: “Journalists at two news organizations declined to publish stories. Among their concerns was that they had only a single source for the story and that that source had such a strong bias on behalf of Libby that the account of his grand jury testimony might possibly be incomplete or misleading in some way. But more important were concerns that a leak of an account of Libby’s grand jury testimony, on the eve of Miller’s own testimony, might be an effort—using the media—to let Miller know what Libby had said, if she wanted to give testimony beneficial to him, or similar to his. (There is no evidence that Miller did not testify truthfully to the grand jury.)” Wheeler accuses Schmidt of being Libby’s “stenographer,” a reporter all too willing to publish whatever a person wishes without investigating the possible motives behind the provision of the information. Wheeler also believes Libby may have attempted to coach or influence Miller’s testimony in his letter releasing the reporter from their confidentiality agreement (see September 15, 2005). [National Journal, 10/18/2005; Marcy Wheeler, 11/3/2005] The Schmidt/VandeHei article is dated September 30, but appears on the Post’s Web site on September 29, well before Miller’s testimony. [National Journal, 10/18/2005]
Judith Miller speaks to reporters outside the courtroom. [Source: Luke Frazza / Agence France-Presse / Getty Images]New York Times reporter Judith Miller, who yesterday was released from jail after agreeing to testify before the grand jury investigating the Valerie Plame Wilson identity leak (see September 29, 2005), testifies before that jury. [Washington Post, 7/3/2007] In some respects Miller’s testimony is less than enlightening. She admits that Lewis Libby was the source that she was protecting (see September 15, 2005), but says that she doesn’t believe Libby told her Plame Wilson’s name. In the same notebook Miller used to take notes from her conversations with Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003), Miller wrote “Valerie Flame,” an apparent misspelling. Asked why that name appears in the notebook alongside the notes from her conversations with Libby, Miller equivocates, saying she doesn’t believe she heard the name from Libby. She will later write of her testimony, “I said I believed the information came from another source, whom I could not recall.” As a side note, the Times only now reveals Libby as Miller’s source, though other news outlets have already identified Libby. [New York Times, 10/16/2005] Miller testifies that she does not recall her first meeting with Libby, which took place June 23. She will change her testimony (see October 7, 2005 and October 12, 2005) after prosecutor Patrick Fitzgerald shows her Secret Service logs showing that she had met with Libby in the Executive Office Building. [National Journal, 10/20/2005] This memory lapse is consistent with theories that Miller may be attempting to protect Libby by failing to testify about that first meeting, where Libby informed Miller that Plame Wilson was a CIA official working in the Weapons, Intelligence, Non-Proliferation, and Arms Control office (see September 29-30, 2005). Miller also testifies that Libby saw the media’s reporting of the Iraq-Niger story as the product of “selective leaking” by the CIA. The purpose of the CIA leaks, Miller says Libby believed, was to protect the agency if no WMD were found in Iraq. [Roberts, 2008, pp. 151]
New York Times reporter Judith Miller turns over additional notes to the prosecutors in the Valerie Plame Wilson identity leak case. The notes indicate that she met with Lewis “Scooter” Libby on June 23, 2003 (see June 23, 2003) and discussed Plame Wilson’s husband, Joseph Wilson. Until these notes are revealed, Miller had testified that she had not met with Libby until almost two weeks later (see 8:30 a.m. July 8, 2003). [New York Times, 10/8/2005] Miller will later say that she discovered the notes in the Times newsroom after her first testimony (see October 12, 2005). [New York Times, 10/12/2005] It was during the June 23 meeting that Libby told Miller of Plame Wilson’s position in the CIA’s Weapons Intelligence, Nonproliferation, and Arms Control (WINPAC) office. Miller’s memory is also jogged when special counsel Patrick Fitzgerald shows her Secret Service logs showing that she met with Libby on June 23 in the White House Executive Office Building. Only after seeing the logs does Miller search her notes and find the information about her first meeting with Libby. Miller’s lawyer, Robert Bennett, says: “We went back on the second occasion to provide those additional notes that were found, and correct the grand jury testimony reflecting on the June 23 meeting.” He says Miller’s testimony is now “correct, complete, and accurate.” Washington defense attorney Stan Brand says that even if Fitzgerald believes Miller deliberately feigned a memory lapse about that first meeting with Libby, he is unlikely to “make an issue out of this because he got what he wanted from her,” and might still be dependant upon her as a witness during a potential trial. [National Journal, 10/20/2005]
New York Times reporter Judith Miller testifies for a second time to the grand jury investigating the Plame Wilson identity leak. In light of this and her earlier testimony (see September 30, 2005), federal judge Thomas Hogan lifts the contempt order he had previously issued (see October 7, 2004). Miller testifies about her notes on her discussions with Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney (October 7, 2005). She testifies that she most likely met with Libby on June 23, 2003 (see June 23, 2003) only after prosecutors show her Secret Service logs that indicate she met with him in the Executive Office Building. She had failed to testify about that meeting in her previous testimony, and, when pressed by prosecutors, insisted that she could not remember that specific meeting. Miller’s lawyer, Robert Bennett, tells a reporter that today’s testimony “corrected” her earlier statements to the grand jury regarding the June 23 meeting. He adds, “We went back on the second occasion to provide those additional notes that were found, and correct the grand jury testimony reflecting on the June 23 meeting,” and says Miller’s testimony is now “correct, complete, and accurate.” Miller testifies today, as she did on September 30, that Libby disclosed Valerie Plame Wilson’s CIA status to her during discussions they had in June and July 2003, contradicting Libby’s own statements (see March 5, 2004 and March 24, 2004). Times editor Bill Keller says that the Times will “write the most thorough story we can of her entanglement with the White House leak investigation.” [New York Times, 10/12/2005; National Journal, 10/20/2005]
Karl Rove (right) and his lawyer, Robert Luskin. [Source: Doug Mills / The New York Times]White House deputy chief of staff Karl Rove testifies for a fourth time before the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003). [Washington Post, 10/15/2005; Washington Post, 7/3/2007] Rove amends and clarifies his earlier testimony, most notably his failure to remember outing Plame Wilson to Time reporter Matthew Cooper (see 11:00 a.m. July 11, 2003). Special prosecutor Patrick Fitzgerald spends a large portion of Rove’s session focusing on the omission. In earlier testimony, Rove attempted to claim that he had only a “hazy recollection” of hearing Plame Wilson’s name (see October 15, 2004) before reading Robert Novak’s column which publicly outed her as a CIA agent (see July 14, 2003). He now testifies that he informed Cooper of her status as a CIA agent days before the article appeared, and his memory apparently failed him during his earlier statements to the grand jury. Rove testifies that his recollection was prompted by the discovery of an e-mail message to Stephen Hadley, then the deputy national security adviser, that he wrote after talking to Cooper (see March 1, 2004). [National Journal, 10/7/2005; New York Times, 10/15/2005] He insists that he never identified Plame Wilson by her name, but “merely” as the wife of former ambassador Joseph Wilson, and did not intentionally reveal her as a covert CIA official because he did not know of her clandestine status. [Washington Post, 10/15/2005] He says he may have learned of Plame Wilson’s CIA identity from fellow White House official Lewis Libby, and says that both he and Libby learned of her CIA employment status from reporters. He says someone else outside the White House also told him of Plame Wilson’s identity, but he cannot remember who that was. [Washington Post, 10/20/2005] Previously, Rove insisted that he learned of Plame Wilson’s identity from reporters, and not the other way around, as many reporters and others have already testified. Rove has said that one of the reporters who told him that Plame Wilson was a CIA official was Novak, a statement Novak has contradicted (see October 7, 2003, February 5, 2004, and September 14, 2004). Rove also testified that he never told Cooper Plame Wilson’s name, but merely identified her as the wife of former ambassador Joseph Wilson. [Associated Press, 7/15/2005]
Rove's Testimony No Distraction, White House Officials Claim - White House spokesman Scott McClellan says Rove’s testimony has not distracted the administration from its usual affairs: “[W]hile there are other things going on, the White House doesn’t have time to let those things distract from the important work at hand.” [New York Times, 10/15/2005] White House chief of staff Andrew Card concurs. “Well, obviously we’re all human beings and we know that there are external activities that impact the environment you’re working in,” he says. “It is something that is there, but it is something that we don’t talk about because it would be inappropriate.… I haven’t found anyone that is distracted because of the ongoing investigation, but we all know that it’s taking place and we’re all working to cooperate with the investigators.” [Washington Post, 10/15/2005]
Lawyer: Rove 'Always Honest' with FBI, Jury, President - Rove’s lawyer, Robert Luskin, says that his client “has always attempted to be honest and fully forthcoming” to anyone “he has spoken to about this matter, whether that be the special prosecutor or the president of the United States. My client would not hide anything, because he has nothing to hide. It would not be to his benefit to do so.” Previously, Rove had failed to disclose his discussion with Cooper to either the FBI or to President Bush (see After September 26, 2003). [National Journal, 10/7/2005] “The special counsel has not advised Mr. Rove that he is a target of the investigation and affirmed that he has made no decision concerning charges.” [Washington Post, 10/15/2005]
Fitzgerald Mulling Criminal Charges against Rove - Sources close to the Fitzgerald investigation say Rove’s statements to Bush and to the FBI are at the heart of the decision whether or not to charge him with making false statements to investigators, or with obstruction of justice. Lying to the president could in itself be worthy of charges. Law professor Rory Little, a former federal prosecutor and assistant attorney general in the Clinton administration, says: “The president is the top law enforcement official of the executive branch. It is a crime to make a false statement to a federal agent. If the president was asking in that capacity, and the statement was purposely false, then you might have a violation of law.” However, if Bush had discussed the matter with Rove in a more informal capacity, then, Little says, a case for making false statements to a federal agent would be more difficult to prove. Law professor Randall Eliason says that if Rove deliberately lied to the president, a prosecutor could construe the lie as an “overt act… in furtherance of a criminal plan.” Law professor Stephen Gillers notes: “Misleading the president, other officials of the executive branch, or even the FBI might not, in and of themselves, constitute criminal acts. But a prosecutor investigating other crimes—such as obstruction of justice or perjury—might use evidence of any such deception to establish criminal intent. And a lack of candor might also negate a claim of good faith or inadvertent error in providing misleading information to prosecutors.” [National Journal, 10/7/2005]
Entity Tags: Lewis (“Scooter”) Libby, Joseph C. Wilson, Valerie Plame Wilson, Bush administration (43), Karl C. Rove, Federal Bureau of Investigation, Central Intelligence Agency, Stephen J. Hadley, Andrew Card, Scott McClellan, Randall Eliason, Stephen Gillers, Matthew Cooper, Robert Luskin, Patrick J. Fitzgerald, Rory Little, Robert Novak
Timeline Tags: Niger Uranium and Plame Outing
The New York Times again finds itself apologizing for its failures in covering the outing of Valerie Plame Wilson and its handling, or lack of handling, of the newspaper’s star reporter, Judith Miller, who recently testified as to her knowledge of the matter (see September 30, 2005). It also admits that much of Miller’s prewar reporting on Iraq was “totally wrong.” Although the paper’s publisher, Arthur Sulzberger, and its executive editor, Bill Keller, supported Miller’s decision to go to jail rather than reveal the source of her knowledge about Plame Wilson’s CIA identity (see July 6, 2005), neither knew many details of Miller’s conversations with her source, former White House aide Lewis “Scooter” Libby. Neither knew, for example, that Miller’s claim of not learning Plame Wilson’s identity from Libby was undermined by her own notes. Ultimately, both Sulzberger and Keller left most of the decisions on how to handle the situation to Miller herself. “This car had her hand on the wheel because she was the one at risk,” says Sulzberger. While Miller continues to portray her decision to go to jail as one rooted in principle, critics say that she and the Times were not protecting a whistleblower, but an administration source bent on crushing dissent. Asked what she regretted about the Times’s handling of the matter, managing editor Jill Abramson says, “The entire thing.”
'I Got It Totally Wrong' - Many in the newsroom and in the editorial staff believed that Miller’s prewar articles on Iraq’s WMD—articles that have long been proven to be based largely on false information from unreliable Iraqi defectors (see December 20, 2001, September 18, 2002, March 19-20, 2003, July 25, 2003, and Autumn 2003)—unfairly advanced the administration’s case for war. Miller operated with a level of autonomy other reporters found unusual and distressing, especially since many of them believed her reporting verged on administration propaganda. Investigative editor Douglas Frantz recalls that Miller once called herself “Miss Run Amok”; when he asked her what she meant, she replied, “I can do whatever I want.” Miller now admits her reports were largely specious. “WMD—I got it totally wrong,” she says. “The analysts, the experts, and the journalists who covered them—we were all wrong. If your sources are wrong, you are wrong. I did the best job that I could.”
Not a Clear-Cut Decision to Fight - Keller says: “I wish it had been a clear-cut whistle-blower case. I wish it had been a reporter who came with less public baggage.” Times reporter Todd Purdom says: “Everyone admires our paper’s willingness to stand behind us and our work, but most people I talk to have been troubled and puzzled by Judy’s seeming ability to operate outside of conventional reportorial channels and managerial controls. Partly because of that, many people have worried about whether this was the proper fight to fight.” For her part, Miller says she intends to take some time off and perhaps write a book about her ordeal. She says she wants to get back into investigative reporting, and continue to cover “the same thing I’ve always covered—threats to our country.” [New York Times, 10/16/2005]
Criticism of Miller, Times - The next day, columnist Norman Solomon will write, “It now seems that Miller functioned with more accountability to US military intelligence officials than to New York Times editors.” Solomon also notes that in her July 8, 2003 meeting with White House official Lewis Libby (see 8:30 a.m. July 8, 2003), Miller expressed frustration at the government’s refusal to allow her “to discuss with editors some of the more sensitive information about Iraq.” Solomon writes: “There’s nothing wrong with this picture if Judith Miller is an intelligence operative for the US government. But if she’s supposed to be a journalist, this is a preposterous situation—and the fact that the New York Times has tolerated it tells us a lot about that newspaper.” Solomon also notes that Miller’s claim of “analysts, the experts, and the journalists who covered them” were “all wrong” about Iraqi WMD is itself wrong. “Some very experienced weapons inspectors—including [the chief of the International Atomic Energy Agency] Mohamed ElBaradei, [former chief UN weapons inspector] Hans Blix, and [former UN weapons inspector] Scott Ritter—challenged key assertions from the White House,” he writes. “Well before the invasion, many other analysts also disputed various aspects of the US government’s claims about WMDs in Iraq.… Meanwhile journalists at some British newspapers, including The Independent and The Guardian, raised tough questions that were virtually ignored by mainstream US reporters in the Washington press corps.… [T]he Times did not ‘fall for misinformation’ as much as jump for it. The newspaper eagerly helped the administration portray deceptions as facts.” [CounterPunch, 10/17/2005] Liberal columnist and blogger Arianna Huffington provides a long list of reporters and publications who “didn’t get it wrong” on Iraqi WMD. She quotes reporter Joe Lauria, a veteran foreign affairs reporter who writes for the London Daily Mail, the Daily Telegraph, and the Boston Globe, who told her: “I didn’t get it wrong. And a lot of others who covered the lead up to the war didn’t get it wrong. Mostly because we weren’t just cozying up to Washington sources but had widened our reporting to what we were hearing from people like Mohamed ElBaradei and Hans Blix, and from sources in other countries, like Germany, France, and Russia. Miller had access to these voices, too, but ignored them. Our chief job as journalists is to challenge authority. Because an official says something might make it ‘official,’ but it doesn’t necessarily make it true.” [Huffington Post, 10/21/2005]
Entity Tags: Lewis (“Scooter”) Libby, Douglas Frantz, Bill Keller, Arthur Sulzberger, Arianna Huffington, Jill Abramson, Judith Miller, Norman Solomon, New York Times, Todd Purdom, Joe Lauria
Timeline Tags: Events Leading to Iraq Invasion
Slate’s Jacob Weisberg. [Source: Paid Content (.org)]Jacob Weisberg, a senior editor of Slate magazine, warns liberals that the possible prosecution of White House official Karl Rove and/or former White House aide Lewis Libby may not be cause for celebration. “Opponents of the Bush administration are anticipating vindication on various fronts—justice for their nemesis Karl Rove, repudiation of George W. Bush’s dishonest case for the Iraq war, a comeuppance for Chalabi-loving reporter Judith Miller of the New York Times, and even some payback for the excesses of independent counsels during the Clinton years,” he writes. Weisberg calls support for the potential prosecutions “self-destructive,” and explains: “Anyone who cares about civil liberties, freedom of information, or even just fair play should have been skeptical about [special prosecutor Patrick] Fitzgerald’s investigation from the start. Claiming a few conservative scalps might be satisfying, but they’ll come at a cost to principles liberals hold dear: the press’s right to find out, the government’s ability to disclose, and the public’s right to know.” Weisberg calls the law that is at the heart of the Plame Wilson investigation, the Intelligence Identities Protection Act (IIPA), “flawed,” and the entire Fitzgerald investigation “misbegotten.” The law is difficult to use for a conviction because it requires that prosecutors prove intent to do harm. “Under the First Amendment, we have a right to debate what is done in our name, even by secret agents,” Weisberg writes. “It may be impossible to criminalize malicious disclosure without hampering essential public debate.” After calling the White House “negligent” and “stupid” for revealing Plame Wilson’s CIA status, he says that no one has shown Rove, Libby, or any other official leaked her name with the intent of causing her or her career harm. Weisberg writes: “[A]fter two years of digging, no evidence has emerged that anyone who worked for Bush and talked to reporters about Plame… knew she was undercover. And as nasty as they might be, it’s not really thinkable that they would have known. You need a pretty low opinion of people in the White House to imagine they would knowingly foster the possible assassination of CIA assets in other countries for the sake of retaliation against someone who wrote an op-ed they didn’t like in the New York Times” (see July 6, 2003). The outing of Plame Wilson was “accidental,” Weisberg claims, part of the Bush administration’s attempts to defend itself against its failure to find WMD in Iraq. Weisberg calls Fitzgerald “relentless and ambitious,” implying that he is pursuing the case for the fulfillment of his personal ambition, and says that no evidence exists of anyone breaking any laws, whether it be the IIPA, statutes against perjury or conspiracy, obstruction of justice, or anything else. Fitzgerald will indict someone for something, Weisberg states, because not to do so would seem like he failed in his investigation. Fitzgerald is sure to bring what Weisberg calls “creative crap charges of his own devising” against someone, be it a White House official or a reporter. Weisberg concludes by calling Fitzgerald’s investigation “a disaster for freedom of the press and freedom of information.” [Slate, 10/18/2005]
The grand jury hearing evidence in the Plame Wilson CIA leak investigation hears the summation of special counsel Patrick Fitzgerald. The final weeks of the jury’s tenure have been marked by what the Washington Post calls “a furious effort” by lawyers for White House political strategist Karl Rove to convince Fitzgerald that Rove should not be prosecuted for perjury. The press is unsure what criminal charges Fitzgerald may have asked the jury to bring, or whether he asked them to vote on possible indictments. The grand jury’s term is expiring, and observers believe Fitzgerald is reluctant to empanel a second grand jury to consider further evidence. Law professor Lori Shaw says this jury is well-versed and invested in the investigation. “You have to consider: They are not rookies at this anymore,” she says. “I have a feeling that by now this grand jury has a good idea of what crime, if any, occurred.” White House officials believe that either Rove or Lewis Libby, Vice President Dick Cheney’s chief of staff, and perhaps both of them, will face criminal charges. But the White House is downplaying the current status of the investigation. Press secretary Scott McClellan tells reporters, “We certainly are following developments in the news, but everybody’s got a lot of work to do.” And President Bush has tried to shift the public’s attention away from the investigation and onto what he calls his successful economic policies. [Washington Post, 10/27/2005] Two days later, the jury will indict Libby (see October 28, 2005).
The media learns that Vice President Dick Cheney and staffers from the Office of the Vice President (OVP) regularly interfered with the Senate Intelligence Committee’s 2004 report on the intelligence community’s failures to accurately assess Iraq’s WMD threat (see July 9, 2004). According to administration and Congressional sources, that interference was facilitated and encouraged by committee chairman Pat Roberts (R-KS). Cheney and the OVP members regularly intervened in the committee’s deliberations, and drastically limited the scope of the investigation.
Protecting the Bush Administration - Reporter Laura Rozen will later write, “In order to prevent the White House and the Office of the Vice President itself from ever coming under any Congressional oversight scrutiny, Cheney exerted ‘constant’ pressure on [Roberts] to stall an investigation into the Bush administration’s use of flawed intelligence on Iraq.” Cheney and the OVP also withheld key documents from the committee. Some of the withheld materials included portions of then-Secretary of State Colin Powell’s February 2003 address to the United Nations (see February 5, 2003) that were written by Cheney’s then-chief of staff, Lewis Libby, and documents that Libby used to make the administration’s case for war with Iraq. The OVP also withheld the Presidential Daily Briefing (PDB) documents: written intelligence summaries provided to President Bush by the CIA. The decision to withhold the documents was spearheaded by Cheney’s chief legal counsel and chief of staff David Addington. Much of the withheld material, and Cheney-OVP interference, was designed to keep the committee from looking into the Bush administration’s use of intelligence findings to promote the war. According to committee member John D. Rockefeller (D-WV), Cheney attended regular policy meetings in which he gave White House orders to Republican committee staffers. It is “not hearsay,” Rockefeller says, that Cheney pushed Roberts to, in reporter Jonathan Landay’s words, “drag out the probe of the administration’s use of prewar intelligence.” The committee chose to defer the second portion of its report, about the administration’s use of intelligence to propel the nation to war, until after the November 2004 elections. That portion of the report remains uncompleted.
Shifting the Blame to the White House - Reporter Murray Waas writes, “Had the withheld information been turned over, according to administration and Congressional sources, it likely would have shifted a portion of the blame away from the intelligence agencies to the Bush administration as to who was responsible for the erroneous information being presented to the American public, Congress, and the international community.” He continues: “When the [report] was made public, Bush, Cheney, and other administration officials cited it as proof that the administration acted in good faith on Iraq and relied on intelligence from the CIA and others that it did not know was flawed. But some Congressional sources say that had the committee received all the documents it requested from the White House the spotlight could have shifted to the heavy advocacy by Cheney’s office to go to war. Cheney had been the foremost administration advocate for war with Iraq, and Libby played a central staff role in coordinating the sale of the war to both the public and Congress.” [National Journal, 10/27/2005; Wilson, 2007, pp. 381]
Entity Tags: Office of the Vice President, John D. Rockefeller, George W. Bush, David S. Addington, Colin Powell, Bush administration (43), Jonathan Landay, Murray Waas, Laura Rozen, Senate Intelligence Committee, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, Pat Roberts
Timeline Tags: Events Leading to Iraq Invasion
Washington Post columnist Michael Kinsley writes in the online magazine Slate that he finds the entire Niger-Plame-Libby issue “confusing” and incoherent. After mocking a variety of aspects of the case (“Niger, which is not Nigeria,” the “Pynchonesque… mysterious beauty” of the surname “Plame,” the forgettable blandness of the name Joe Wilson, and the nickname “Scooter,” or perhaps “Snooker” or “Snotty,” of accused leaker Lewis Libby), and portraying the entire issue as the plot of a forgettable film noir or perhaps a Shakespeare knockoff, he calls the “whole prosecution nuts.” [Slate, 10/28/2005]
In light of the indictment of Lewis “Scooter” Libby (see October 28, 2005), the Center for American Progress (CAP) puts out an analysis of Libby’s role as Vice President Dick Cheney’s chief of staff, and the impact Libby has had on Bush administration policies. Libby, a powerful and influential neoconservative, “has been one of the most important men pulling the levers behind the Bush administration,” the article finds. “From the very beginning of the administration, Libby has essentially been Dick Cheney’s Dick Cheney.” But, the article goes on to note: “[w]hat few have realized at this historic moment is that for the past four and a half years, Libby has been ‘scooting’ from scandal to scandal. Libby has been at center stage for the other major national security scandals of the Bush administration, including the Iraq intelligence debacle, the secret meetings about Halliburton contracts, and doubtless others we have not heard of yet. It was Libby—along with Paul Wolfowitz, Doug Feith, and a handful of other top aides at the Pentagon and White House—who convinced the president that the US should go to war in Iraq. It was Libby who pushed Cheney to publicly argue that Saddam Hussein had ties to al-Qaeda and 9/11. It was also Libby who prodded former Secretary of State Colin Powell to include specious reports about an alleged meeting between 9/11 terrorist Mohamed Atta and an Iraqi intelligence official in Powell’s February 2003 speech to the United Nations” (see February 5, 2003). Libby co-authored the controversial Defense Planning Guidance document of 1988 (see February 18, 1992) that called on the US to essentially transform itself into an aggressive empire, using its military to stretch its power around the world. “This Planning Guidance document went a long way toward endearing Libby to Cheney,” the CAP article reads. There is also evidence that Libby helped steer no-bid Iraqi reconstruction contracts to Cheney’s former firm, Halliburton. The article concludes, “Given the depth of his influence in shaping the White House agenda over the past four and a half years, losing Libby today is not only a huge blow to the vice president, but to the entire Bush administration.” [Center for American Progress, 10/28/2005]
Washington Post reporter Bob Woodward is dismissive of the indictment of White House official Lewis Libby (see October 28, 2005), saying, “I don’t know how this is about the buildup to the war, the Valerie Plame Wilson issue.” He dismisses the entire Plame Wilson investigation as mere White House gossiping. Woodward has his own peripheral involvement in Plame Wilson’s outing, which he keeps secret for years (see June 13, 2003) and November 16-17, 2005); according to author Frank Rich, that makes him a prime example of journalistic hypocrisy. Rich will add that it is hard to fathom how any journalist could come to such a conclusion. Rich will write: “If one assumes, as Woodward apparently did, against mounting evidence to the contrary, that the White House acted in good faith purveying its claims of imminent doomsday and pre-9/11 Qaeda-Saddam collaboration, then there’s no White House wrongdoing that needs covering up. So why would anyone in the administration try to do something nasty to silence a whistle-blower like Joseph Wilson? Where’s the story?” [Rich, 2006, pp. 191]
Screen graphic from CNN’s coverage of Lewis Libby’s indictment. [Source: CNN / Flickr]Lewis “Scooter” Libby, Vice President Dick Cheney’s chief of staff, is indicted for perjury and obstruction of justice. Libby is accused of “outing” Valerie Plame Wilson, an undercover CIA agent, to the press (see June 23, 2003, 8:30 a.m. July 8, 2003, Late Afternoon, July 12, 2003, and 2:24 p.m. July 12, 2003), and then lying about it to the FBI and to a grand jury empaneled by special prosecutor Patrick Fitzgerald (see December 30, 2003, March 5, 2004, and March 24, 2004). Libby immediately resigns his position as Cheney’s chief of staff. [US District Court for the District of Columbia, 10/28/2005 ; CNN, 5/14/2006; MSNBC, 2/21/2007; Washington Post, 7/3/2007]
Five Counts of Obstruction, Two Counts of Perjury - Libby is indicted on five counts of obstruction of justice and two counts of perjury. [US District Court for the District of Columbia, 10/28/2005 ; MSNBC, 2/21/2007] Though the original investigation was of the Plame Wilson leak, Fitzgerald says it is important to understand that Libby’s crimes, though not the prime focus of the initial investigation, should be prosecuted as well. “Investigators do not set out to investigate the statute, they set out to gather the facts,” he says. The indictment does not charge Libby with knowingly disclosing the identity of a covert agent. [New York Times, 10/28/2005]
Confirms that CIA Agent's Status Classified; Important to National Security - Fitzgerald confirms that the fact of Plame Wilson’s employment at the CIA was in and of itself classified information, and not to be shared to the media or the public. He says: “The fact that she was a CIA officer was not well known, for her protection or for the benefit of all us. It’s important that a CIA officer’s identity be protected, that it be protected not just for the officer, but for the nation’s security.… [T]he damage wasn’t to one person. It wasn’t just Valerie Wilson. It was done to all of us” (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, and February 13, 2006). [New York Times, 10/28/2005; Nation, 3/16/2007]
Libby Lied about Knowledge of Plame Wilson's Status, Indictment Charges - The indictment charges that Libby lied when he claimed that he learned of Plame Wilson’s CIA status from NBC reporter Tim Russert (see November 24, 2003, March 5, 2004, March 24, 2004, and August 7, 2004). Instead, the indictment charges, Libby learned about Plame Wilson and her possible role in sending her husband, former ambassador Joseph Wilson, to Niger to investigate claims of Iraqi attempts to buy uranium (see February 21, 2002-March 4, 2002) from a number of people, including an undersecretary of state (see June 10, 2003), a CIA officer who regularly briefed him on national security issues (see 2:00 p.m. June 11, 2003), an unidentified “senior CIA officer,” and from his superior, Cheney (see (June 12, 2003)). In his turn, Libby shared that information with several officials in the Office of the Vice President, including Cheney’s senior counsel David Addington (see July 8, 2003), Cheney’s national security adviser John Hannah (see May 29, 2003), and Cheney’s press secretary at the time, Cathie Martin (who may have actually informed Libby—see 5:27 p.m. June 11, 2003). “In fact, Mr. Libby was the first official known to have told a reporter when he talked to Judith Miller in June of 2003 about Valerie Wilson” (see June 23, 2003), Fitzgerald says. “[T]o be frank, Mr. Libby gave the FBI a compelling story,” he adds. “It would be a compelling story that will lead the FBI to go away if only it were true. It is not true, according to the indictment.” [New York Times, 10/28/2005; US District Court for the District of Columbia, 10/28/2005 ; National Journal, 10/30/2005] (The unidentified “senior CIA officer” is later revealed to be Frederick Fleitz, who served both as a senior officer at the Weapons Intelligence, Nonproliferation, and Arms Control (WINPAC) desk and as Undersecretary of State John Bolton’s chief of staff—see (June 11, 2003).) [Raw Story, 11/2/2005] Jeralyn Merritt, a criminal defense attorney who writes for the progressive blog TalkLeft, notes that according to the indictment, the phrases used by Libby in his denials to the grand jury were nearly verbatim echoes of Cheney’s own denials as told to NBC’s Tim Russert in September 2003 (see September 14, 2003). [Jeralyn Merritt, 10/31/2005]
Sought Information on Plame Wilson's CIA Status - The indictment also charges that Libby sought information from the CIA and the State Department about Plame Wilson’s CIA status, and tried to determine whether she had been responsible for sending her husband to Niger. According to the indictment, Libby asked David Addington, the chief counsel to Cheney, “in sum and substance, what paperwork there would be at the CIA if an employee’s spouse undertook an overseas trip.” The court papers do not say what action, if any, Addington may have taken in response to Libby’s request. [New York Times, 10/28/2005; US District Court for the District of Columbia, 10/28/2005 ; National Journal, 12/16/2005]
Discussed with Multiple Officials before Leaking to Reporters - In a press conference, Fitzgerald walks reporters and listeners through the indictment: from Libby’s learning of Plame Wilson’s identity from State Department and CIA sources and from Cheney, through his discussing it with at least three White House officials, all before the supposed “disclosure” from Russert. Libby subsequently lied to the FBI and to Fitzgerald’s grand jury about those discussions with government officials and again with Miller and Time reporter Matthew Cooper. “[H]e lied about it afterwards,” Fitzgerald says, “under oath and repeatedly.… [A]nyone who would go into a grand jury and lie, obstruct, and impede the investigation has committed a serious crime.” [New York Times, 10/28/2005]
Leak Seriously Jeopardized National Security - Fitzgerald tells reporters that the leaking of a CIA officer’s identity is a serious breach of national security. “This is a very serious matter and compromising national security information is a very serious matter,” he says. “But the need to get to the bottom of what happened and whether national security was compromised by inadvertence, by recklessness, by maliciousness is extremely important.” Fitzgerald continues: “At a time when we need our spy agencies to have people work there, I think just the notion that someone’s identity could be compromised lightly… [discourages] our ability to recruit people and say, ‘Come work for us… come be trained… come work anonymously here or wherever else, go do jobs for the benefit of the country for which people will not thank you.” Senator John D. Rockefeller (D-WV), the ranking Democrat on the Senate Intelligence Committee, says: “Revealing the identity of a covert agent is the type of leak that gets people killed. Not only does it end the person’s career… it puts that person in grave personal danger as well as their colleagues and all the people they have had contact with.” [New York Times, 10/28/2005; National Journal, 10/30/2005]
Charges Are Serious, Not 'Technicalities' - Responding to a question about Republican charges that Libby is being charged as a “technicality,” and Fitzgerald “overreached” his authority in filing the indictment, Fitzgerald says: “That talking point won’t fly. If you’re doing a national security investigation, if you’re trying to find out who compromised the identity of a CIA officer and you go before a grand jury and if the charges are proven… that the chief of staff to the vice president went before a federal grand jury and lied under oath repeatedly and fabricated a story about how he learned this information, how he passed it on, and we prove obstruction of justice, perjury, and false statements to the FBI, that is a very, very serious matter.… [T]he truth is the engine of our judicial system. And if you compromise the truth, the whole process is lost.… Any notion that anyone might have that there’s a different standard for a high official, that this is somehow singling out obstruction of justice and perjury, is upside down.… If these facts are true, if we were to walk away from this and not charge obstruction of justice and perjury, we might as well just hand in our jobs. Because our jobs, the criminal justice system, is to make sure people tell us the truth. And when it’s a high-level official and a very sensitive investigation, it is a very, very serious matter that no one should take lightly.” [New York Times, 10/28/2005]
Explanation for Delay in Filing Indicitment - Fitzgerald gives one reason for the delay in filing the indictment against Libby. When asked why he went to such lengths to compel the testimony of reporters such as Miller (see September 30, 2005) and Cooper (see July 13, 2005), Fitzgerald replies that the rights of the accused are paramount in his mind. The testimony of Miller, Cooper, and other journalists could bolster the case against Libby, or could help exonerate him. The possibility that he might charge someone, only to learn later that one of the journalists who had declined to testify had information to clear the person, was something that “frightens me,” Fitzgerald says. “I think the only way you can do an investigation like this is to hear all eyewitnesses.” [New York Times, 10/28/2005; National Journal, 11/12/2005]
No Charges against Cheney - Asked whether the investigation found evidence of criminal acts by Cheney, Fitzgerald answers: “We make no allegation that the vice president committed any criminal act. We make no allegation that any other people who provided or discussed with Mr. Libby committed any criminal act. But as to any person you asked me a question about other than Mr. Libby, I’m not going to comment on anything.” Fitzgerald refuses to comment on whether White House political strategist Karl Rove or anyone else will be named as co-conspirators, charged, or even named in court. [New York Times, 10/28/2005]
Entity Tags: John Hannah, Judith Miller, John D. Rockefeller, John R. Bolton, Karl C. Rove, Richard (“Dick”) Cheney, Joseph C. Wilson, Lewis (“Scooter”) Libby, Jeralyn Merritt, Frederick Fleitz, Central Intelligence Agency, David S. Addington, Weapons Intelligence, Nonproliferation, and Arms Control, Valerie Plame Wilson, Federal Bureau of Investigation, US Department of State, Catherine (“Cathie”) Martin, Tim Russert, Patrick J. Fitzgerald, Matthew Cooper
Timeline Tags: Niger Uranium and Plame Outing
Hours after the Patrick Fitzgerald press conference announcing the indictment of Lewis Libby (see October 28, 2005), NBC reporter Andrea Mitchell tells a viewing audience on MSNBC’s Hardball that the exposure of Valerie Plame Wilson, the CIA official whose exposure as a covert agent triggered the investigation that led to Libby’s indictment, did no real damage to US intelligence interests. Mitchell does not cite any sources in her claim. She says: “I think the prosecutor [Fitzgerald] made a very broad claim, whether you buy it or not, that the disclosure of any CIA officer’s identity is a threat to our national security, that we are at a stage in our country where we need to recruit people, we need to guarantee that they will have anonymity, and that you cannot recruit people to work in these difficult jobs, nor can you be sure that by disclosing their identity that you are not putting them in jeopardy. I happen to have been told that the actual damage assessment as to whether people were put in jeopardy on this case did not indicate that there was real damage in this specific instance.” It is possible that Mitchell sources her claim from a very similar claim made the night before by Washington Post reporter Bob Woodward (see October 27, 2005). [Jane Hamsher, 11/29/2005] Two years before, Mitchell told a CNBC audience that “everybody knew” Plame Wilson was a covert official, a claim she was later forced to retract (see October 3, 2003). Shortly after Mitchell’s Hardball claim, MSNBC commentator Tucker Carlson writes, “In fact, as NBC’s Andrea Mitchell has reported, an internal CIA investigation found that Plame’s outing caused no discernable damage to anyone.” [MSNBC, 11/18/2005] A 2003 CIA assessment (see Before September 16, 2003) and an October 2005 analysis by the Washington Post (see October 29, 2005) both determined that Plame Wilson’s exposure caused “severe damage” to the US intelligence community, particularly in the Middle East.
David Addington. [Source: Richard A. Bloom / Corbis]David Addington, the chief counsel for Vice President Dick Cheney, is named Cheney’s chief of staff to replace Lewis “Scooter” Libby, who was convicted of perjury and obstruction of justice in the Valerie Plame Wilson case (see February 13, 2002). [National Journal, 10/30/2005; MSNBC, 11/4/2005] Addington is described by one White House official as “the most powerful man you never heard of.” A former Justice Department official says of Addington, “He seems to have his hand in everything, and he has these incredible powers, energy, reserves in an obsessive, zealot’s kind of way.” He is, according to former Solicitor General Theodore Olson, Cheney’s “eyes, ears, and voice.” [US News and World Report, 5/21/2006] Addington is a neoconservative ideologue committed to dramatically expanding the power of the presidency, and a powerful advocate of the “unitary executive” theory of presidential power. He has been with Cheney for years, ever since Cheney chose him to serve as the Pentagon’s chief counsel while Cheney was Defense Secretary under Ronald Reagan. During that time, Addington was an integral part of Cheney’s battle to keep the Iran-Contra scandal from exploding (see 1984). [Washington Post, 10/11/2004; National Journal, 10/30/2005; MSNBC, 11/4/2005; US News and World Report, 5/21/2006] According to Larry Wilkerson, the former chief of staff to former Secretary of State Colin Powell, documentary evidence shows that Cheney’s office, and Addington in particular, were responsible for giving at least tacit approval for US soldiers to abuse and torture prisoners in Iraq (see January 9, 2002). In an administration devoted to secrecy, Addington stands out in his commitment to keeping information away from the public. [Washington Post, 10/11/2004] Though Addington claims to have a lifelong love affair with the Constitution, his interpretation of it is somewhat unusual. One senior Congressional staffer says, “The joke around here is that Addington looks at the Constitution and sees only Article II, the power of the presidency.” [US News and World Report, 5/21/2006] Addington’s influence in the White House is pervasive. He scrutinizes every page of the federal budget, hunting for riders that might restrict the power of the president. He worked closely with Gonzales to oppose attempts by Congress to pry information from the executive branch, and constantly battles the State Department, whose internationalist philosophy is at odds with his and Cheney’s own beliefs. [Washington Post, 10/11/2004] Former Reagan Justice Department official Bruce Fein calls Addington the “intellectual brainchild” of overreaching legal assertions that “have resulted in actually weakening the presidency because of intransigence.” According to Fein, Addington and Cheney are doing far more than reclaiming executive authority, they are seeking to push it farther than it has ever gone under US constitutional authority. They have already been successful in removing executive restraints formerly in place under the War Powers Act, anti-impoundment legislation, the legislative veto and the independent counsel statute. “They’re in a time warp,” Fein says. “If you look at the facts, presidential powers have never been higher.” [Washington Post, 10/11/2004] “He thinks he’s on the side of the angels,” says a former Justice Department official. “And that’s what makes it so scary.” [US News and World Report, 5/21/2006]
Entity Tags: Saddam Hussein, US Department of State, Theodore (“Ted”) Olson, US Department of Justice, US Department of Defense, Ronald Reagan, Lewis (“Scooter”) Libby, National Security Council, Bruce Fein, Bradford Berenson, 9/11 Commission, Richard (“Dick”) Cheney, David S. Addington, John Bellinger, Jack Goldsmith, Lawrence Wilkerson, John C. Yoo, Valerie Plame Wilson
Timeline Tags: Civil Liberties, Niger Uranium and Plame Outing
In an op-ed, the Wall Street Journal’s editorial staff accuses special counsel Patrick Fitzgerald of “criminalizing politics” in his investigation of the Plame Wilson leak. Fitzgerald’s investigation, the editorial reads, has taken two years, cost millions of dollars, jailed a reporter (see July 6, 2005), “and preoccupied some of the White House’s senior officials.” The investigation has culminated in the indictment of former White House official Lewis Libby (see October 28, 2005), not for leaking Valerie Plame Wilson’s identity to the press, but for what the Journal calls “contradictions between his testimony and the testimony of two or three reporters about what he told them, when he told them, and what words he used.” The Journal writes that there is no evidence, at least to the public’s knowledge, that Libby lied to anyone, be it the FBI (see October 14, 2003 and November 26, 2003), the grand jury (see March 5, 2004 and March 24, 2004), or anyone else. Nowhere has anyone alleged a motive for Libby’s alleged perjury, the Journal states (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). And, the Journal notes, Libby was not a source for the column that actually outed Plame Wilson as a CIA official. The Journal questions the existence of any White House “conspiracy to silence administration critics,” and if there was, it writes, “it was more daft than deft.” Instead, the Journal writes, the Libby indictment “amounts to an allegation that one official lied about what he knew about an underlying ‘crime’ that wasn’t committed.” Fitzgerald is merely involving himself in what the Journal calls “a policy dispute between an elected administration and critics of the president’s approach to the war on terror, who included parts of the permanent bureaucracy of the State Department and CIA.” [Wall Street Journal, 10/29/2005]
After former White House official Lewis Libby’s indictment (see October 28, 2005), he retains the services of three of Washington’s most powerful attorneys: Theodore Wells, William Jeffress, and John Cline. [Boston Globe, 2/26/2006] (Cline will not officially join the defense team until mid-November.) [San Francisco Chronicle, 11/22/2005] Wells, who has successfully defended other government officials from criminal charges, is “an excellent choice,” according to criminal defense attorney Jeralyn Merritt. Jeffress is a partner at Baker Botts, the law firm headed by former Secretary of State James Baker. [Jeralyn Merritt, 11/3/2005] Cline is an expert on classified government documents; according to former CIA case officer Valerie Plame Wilson, he is “presumably hired to help the defense figure out how to ‘graymail’ the government, that is, force the government to choose between prosecuting an employee for serious crimes or preserving national security secrets.” Stanford University criminal law expert Robert Weisberg says of Cline’s addition to the team: “This is about as subtle as a sledgehammer to the government. This suggests they are going to use a very concerted and aggressive strategy.”
Legal Defense Fund Headed by GOP Fundraiser - Shortly after the indictment, Libby’s legal defense fund is created, headed by former GOP finance chief Melvin Sembler, a Florida real estate tycoon. Sembler is a highly successful fundraiser for Republican candidates, and is a close friend of Vice President Dick Cheney. Lobbyist and former Justice Department spokeswoman Barbara Comstock, a close friend of Libby’s, recruited Sembler to head the fund. According to Comstock, Sembler “holds Scooter [Libby] in high esteem as many members of the committee have. We’re confident that Scooter will be exonerated. He has declared he’s innocent.” [Tampa Tribune, 11/24/2005] In her 2007 book Fair Game, Plame Wilson will note, “Sembler, ironically enough, was President George W. Bush’s ambassador to Italy when the embassy in Rome first received the forged yellowcake documents, whose contents precipitated [Joseph Wilson]‘s trip to Niger and Libby’s legal odyssey.” [Wilson, 2007, pp. 289-290] The first contribution to the defense fund comes from Richard Carlson, a former US ambassador, the former president of the Corporation of Public Broadcasting, and the father of conservative pundit Tucker Carlson. “He spent years in government service,” Carlson will later say of Libby, whom Carlson calls a friend. He “hasn’t made a lot of dough.” The fund will soon raise over $2 million, in part through a Web site, scooterlibby.com (see February 21, 2006). Comstock and former Cheney communications director Mary Matalin (see July 10, 2003 and January 23, 2004) are deeply involved in the fund. The fund’s board of directors and advisers is studded with prominent Republicans, including former Republican presidential candidates Steve Forbes and Jack Kemp; former senator, lobbyist, and actor Fred Thompson; former senator Alan Simpson; former Education Secretary William Bennett; Princeton professor Bernard Lewis, one of the driving intellectual forces behind the invasion and occupation of Iraq; former UN ambassador Jeane Kirkpatrick; former Energy Secretary Spencer Abraham; former Clinton Middle East envoy Dennis Ross; and former CIA Director James Woolsey, another neoconservative ally of Libby’s. [New York Times, 11/18/2005; San Francisco Chronicle, 11/22/2005; Boston Globe, 2/26/2006] Howard Leach and Wayne Berman, two top fundraisers for the 2004 Bush-Cheney presidential campaign, are also part of the defense fund. Comstock tells a New York Times reporter that because both Ross and Woolsey served in the Clinton administration, the Libby defense fund is a bipartisan entity. She adds that the amount of money raised by the fund will not be disclosed: “It’s a private trust fund for a private individual and we haven’t disclosed that.” [New York Times, 11/18/2005; Tampa Tribune, 11/24/2005]
Plame Wilson Disappointed in Woolsey's Involvement - Plame Wilson will write of her disappointment that a former CIA director (Woolsey) could come to the defense of someone accused of outing a covert CIA agent. [Wilson, 2007, pp. 289-290]
Entity Tags: Dennis Ross, Tucker Carlson, Theodore Wells, Steve Forbes, Barbara Comstock, Wayne Berman, William J. Bennett, William Jeffress, Alan Simpson, Baker Botts, Bernard Lewis, Spencer Abraham, Robert Weisberg, Valerie Plame Wilson, Mel Sembler, Fred Thompson, Howard Leach, Jack Kemp, James Woolsey, Jeane Kirkpatrick, James A. Baker, John Cline, Jeralyn Merritt, Lewis (“Scooter”) Libby, Mary Matalin, Richard Carlson, Joseph C. Wilson
Timeline Tags: Niger Uranium and Plame Outing
After White House official Lewis Libby is indicted (see October 28, 2005), Washington Post editor and reporter Bob Woodward “realizes” that he was a recipient of the information that Valerie Plame Wilson was a CIA official (see June 13, 2003). Woodward has been scathing in his criticism of the Plame Wilson identity leak investigation, and staunch in his support of the journalists who outed Plame Wilson in their reporting (see December 1, 2004, July 7, 2005, July 11, 2005, July 17, 2005, July 31, 2005, October 27, 2005, and October 28, 2005). According to Woodward’s own recollections, he was asked by Post executive editor Leonard Downie Jr. to help report on the status of the investigation into the leak. Woodward will say that upon listening to special counsel Patrick Fitzgerald tell reporters that Libby was the first White House official to reveal Plame Wilson’s name to a reporter (see June 23, 2003), he realizes that Fitzgerald is misinformed. Instead, Woodward had received that information from another Bush administration source 10 days before Libby. (Woodward’s source was then-Deputy Secretary of State Richard Armitage, a fact that Woodward does not disclose to the media, and is not publicly revealed for nearly six months—see March 14, 2006). Woodward quickly telephones his source (Armitage), and will tell another reporter: “I said it was clear to me that the source had told me [about Wilson’s wife] in mid-June, and this person could check his or her records and see that it was mid-June. My source said he or she had no alternative but to go to the prosecutor. I said, ‘If you do, am I released?’” Woodward is referring to the confidentiality agreement between the two. The source agrees, but only for purposes of discussing it with Fitzgerald, not for publication. Woodward later says he tried twice, once in 2004 and once earlier in 2005, to persuade Armitage to remove the confidentiality restriction, but Armitage refused to budge. Woodward informs Fitzgerald of his contact with Armitage, as does Armitage. While Armitage has spoken to the FBI about his role in leaking Plame Wilson’s identity (see October 2, 2003), and to the grand jury investigating the leak (in which he failed to divulge his contact with Woodward—see September 22, 2004), Woodward has not spoken to Fitzgerald until now, though his name appears on numerous White House telephone and visitors’ logs during the critical period of June and July 2003. Woodward will say he is surprised not to have been contacted by Fitzgerald, and, in contrast to his earlier criticisms of Fitzgerald, will call him “incredibly sensitive to what we do. He didn’t infringe on my other reporting, which frankly surprised me. He said, ‘This is what I need, I don’t need any more.’” [Time, 11/18/2005; Washington Post, 8/29/2006] Woodward will soon give a deposition to Fitzgerald, and will write about his role in the leak for the Post (see November 14, 2005).
Terry Moran, ABC News’s chief White House correspondent, tells ABC host George Stephanopoulos that he believes White House press secretary Scott McClellan unwittingly lied to reporters when he asserted that White House staffers Karl Rove (see September 16, 2003, September 27, 2003, September 29, 2003, and September 29, 2003) and Lewis “Scooter” Libby (see October 4, 2003 and October 4, 2003) knew nothing of the Valerie Plame Wilson identity leak. “He was telling falsehoods right at us over and over unwittingly,” Moran says. Asked if McClellan knew he was lying, Moran replies: “No. And he signaled he wants to tell us the story,” referring to McClellan’s comments that he would like to be able to discuss his public support of Rove and Libby. Stephanopoulos asks, “[Y]ou say he didn’t know it, so that means Karl Rove lied to him?” “Yes,” Moran answers, “yes.” Moran notes that the White House will most likely do nothing except continue to “stonewall” and deny involvement: “My sense it right now they’ll kick this down the road. They’ll say it’s a continuing case and we’re going to kick it down the road.” [McClellan, 2008, pp. 265-266]
The Washington Post prints an article by reporter Barton Gellman about the intelligence leaks from the White House that led to the outing of CIA official Valerie Plame Wilson. The article examines the question of whether Lewis Libby, Vice President Dick Cheney’s former chief of staff, obstructed the FBI investigation into Plame Wilson’s exposure in order to protect Cheney. [Washington Post, 10/30/2005] According to journalist and blogger Joshua Micah Marshall, the Post deleted a key portion of Gellman’s story shortly after it appeared on the Post’s Web site (the edited version is what makes it into print). The deleted portion noted that on July 12, 2003, Cheney told Libby “to alert reporters of an attack launched that morning on [former ambassador Joseph] Wilson’s credibility by Fleischer, according to a well-placed source” (see July 12, 2003 and 3:20 a.m. July 12, 2003). [Joshua Micah Marshall, 10/30/2005] A criminal lawyer who blogs under the moniker “Anonymous Liberal” speculates that the Post may have removed the reference to Fleischer because Fleischer was a source for Post reporter Walter Pincus. Pincus is identified in Gellman’s article as receiving information from an unidentified White House source who, like Libby, attacked Wilson and implied that he was sent to Niger by his wife (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). [Anonymous Liberal, 10/30/2005]
Entity Tags: Richard (“Dick”) Cheney, Barton Gellman, Ari Fleischer, “Anonymous Liberal”, Bush administration (43), Lewis (“Scooter”) Libby, Walter Pincus, Washington Post, Valerie Plame Wilson, Joshua Micah Marshall
Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing
The Wall Street Journal prints an editorial by former Bush Solicitor General Theodore Olson lambasting the Plame Wilson identity leak investigation and the indictment of former White House aide Lewis Libby (see October 28, 2005), and criticizing the use of the Independent Counsel Law to investigate the Plame Wilson identity leak. The Journal does not inform its readers of Olson’s participation in using the Independent Counsel Law to bring articles of impeachment against former President Clinton. Olson calls the investigation a “spectacle,” questions special counsel Patrick Fitzgerald’s impartiality, and says the entire Plame Wilson-Libby investigation is another example of “special prosecutor syndrome,” a politically motivated investigation run amok. Olson writes that he does not believe Libby is guilty of perjury because “I know him to be an honest, conscientious man who has given a large part of his life to public service.” Any misstatements Libby may have made to investigators (see October 14, 2003, November 26, 2003, March 5, 2004, and March 24, 2004) must have been inadvertent failures of memory and not deliberate lies. Moreover, Olson asserts, Libby had nothing to do with exposing Valerie Plame Wilson as a CIA official (see
(see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). [Wall Street Journal, 10/31/2005]
Syndicated conservative columnist Cal Thomas writes that because the Valerie Plame Wilson identity leak investigation is nothing more than a witch hunt to tar Bush administration officials over the war in Iraq, the special prosecutor law under which Patrick Fitzgerald is conducting his investigation should be abolished. According to Thomas, President Clinton was lauded by the media, and his investigator, special prosecutor Kenneth Starr, was universally portrayed as a “sex maniac with a political agenda” who was hounding a “decent man” over a legal, if morally questionable, sexual liaison. “Thus, Clinton’s lies under oath about his affair with Monica Lewinsky were not a big deal.” The media is giving “saturation coverage” to the Libby indictments, Thomas claims, while it gave “short shrift” to Clinton administration indictments such as then-Agriculture Secretary Michael Espy and HUD Secretary Henry Cisneros. The situation is different with accused perjurer Lewis Libby, Thomas writes (see October 28, 2005). Fitzgerald is being praised by media pundits as “an apolitical straight-shooter who is the definition of integrity” (see December 30, 2003, January 1, 2004, July 11, 2005, July 17, 2005, October 13, 2005, October 18, 2005, October 25, 2005, October 27, 2005, and October 29, 2005), and is running a fair and non-partisan investigation into crimes committed by Libby and perhaps other White House officials. According to Thomas, Fitzgerald is doing little more than working for administration critics who didn’t get their way over Iraq: “[t]hose who lost the policy battle over going to war are now fighting a rear-guard action in an attempt to damage the Bush administration and win the political war in time for the 2006 Congressional elections and certainly by the 2008 presidential contest.” Thomas says that since the Independent Counsel Law was passed in 1978 in the wake of the Watergate scandal, it has brought few convictions and cost taxpayers an inordinate amount of money. “Enough Democrats and Republicans have been forced to run this gauntlet that perhaps a truly bipartisan solution can be found to end it,” Thomas concludes. “That Libby’s indictments are not about policy, but about who remembers what and when, ought to be the final straw in this ridiculous process.” [Town Hall (.com), 10/31/2005]
The press learns that UN Ambassador John Bolton was contacted in May 2003 by Lewis Libby to find out who sent former ambassador Joseph Wilson on a fact-finding mission to Niger (see February 21, 2002-March 4, 2002 and May 29, 2003). Bolton was the undersecretary of state for arms control and international security affairs when Libby contacted him. The progressive news Web site Raw Story learns of the Bolton contact from lawyers involved in the investigation of the Plame Wilson identity leak, and from documents posted on the investigation’s Web site. The lawyers say that two former Libby aides, John Hannah and David Wurmser, informed special counsel Patrick Fitzgerald of Libby’s inquiry to Bolton (see Before October 17, 2005 and Before October 19, 2005). At the time, Wurmser was on loan from Bolton’s office and serving as a Middle Eastern affairs aide to Vice President Dick Cheney and Libby. Both Hannah and Wurmser have been cooperating with Fitzgerald’s investigation, the lawyers say. MSNBC has reported that Bolton testified before the Plame Wilson grand jury. Wurmser, the lawyers say, has been cooperating for fear that he would be charged for his role in leaking Valerie Plame Wilson’s CIA identity; Hannah began cooperating after learning that he had been identified by witnesses as a co-conspirator in the leak. Raw Story writes: “It is unclear whether Bolton played any other role in the Plame outing, but his connection to the Iraq uranium claims certainly gave him a motive to discredit Wilson, who had called into question the veracity of the Niger documents. A probe by the State Department inspector general revealed that Bolton’s office was responsible for the placement of the Niger uranium claims in the State Department’s December 2002 ‘fact sheet’ on Iraq’s WMD program.” The lawyers say it is doubtful that the information Hannah and Wurmser have provided will ever be made public, but their information was crucial to Fitzgerald’s investigation because it allowed him “to put together a timeline that showed how various governmental agencies knew about Plame [Wilson]‘s covert CIA status.” [Raw Story, 11/2/2005]
Lawyer Theodore Wells (left) speaks, while Lewis Libby and others look on. Libby is on crutches due to a recent foot injury. [Source: Associated Press]Lewis Libby, the former chief of staff to Vice President Dick Cheney, pleads not guilty to five felony indictments stemming from the Plame Wilson CIA identity leak (see October 28, 2005). “With respect, your honor, I plead not guilty,” Libby says. Libby’s trial will be presided over by Judge Reggie Walton of the US District Court of the District of Columbia; Libby is primarily represented by lawyers Ted Wells and William Jeffress, both known for winning acquittals in high-profile white-collar criminal cases. Wells recently won acquittals for former Agriculture Secretary Michael Espy and former Labor Secretary Raymond Donovan, while Jeffress is a partner at Baker Botts, where former Secretary of State James Baker, a close friend of the Bush family, is a senior partner. Libby waives his right to a speedy trial; it will take his legal team three months to obtain security clearances and to examine classified information the prosecution must provide to the defense. His lawyers are expected to demand that a large amount of classified information regarding Valerie Plame Wilson’s covert CIA status be turned over to them. Jeffress warns reporters that there could be numerous First Amendment “issues” that may produce “protracted litigation” and delay the case, obviously referring to the expected testimony of a number of journalists. Libby’s next court date is February 3, 2006. [Associated Press, 11/3/2005; Washington Post, 11/3/2005] Libby is apparently in good spirits during the proceedings, smiling and even laughing with his lawyers. [Salon, 11/3/2005] Outside the courthouse, Wells tells reporters: “In pleading not guilty, [Libby] has declared to the world that he is innocent. He has declared that intends to fight the charges in the indictment, and he has declared that he wants to clear his good name.” He adds that Libby welcomes a jury trial. Libby does not speak to reporters. [CNN, 11/3/2005] Former prosecutor Michael Madigan, now a well-known defense lawyer, says Wells and Jeffress are excellent choices to represent Libby, but notes that they are joining the case with “one hand tied behind their back” because of what has already transpired in the investigation. They enter the case “with Libby having given two different statements to the FBI and testifying twice to the grand jury, in which he contradicts three reporters and four or five of his friends in the administration,” Madigan says. “If I was entering the case, I would not be really happy to have that situation.… It would be difficult now to say that you didn’t recall certain things when you’ve already testified that you did remember them.” [Washington Post, 11/3/2005]
Three Democratic congressmen ask Vice President Dick Cheney to testify in the upcoming trial of his former chief of staff, Lewis Libby, even as Libby pled not guilty to five felony counts stemming from the Plame Wilson CIA identity leak investigation (see November 3, 2005). Henry Waxman (D-CA), Maurice Hinchey (D-NY), and John Conyers (D-MI) send a letter to Cheney asking why Cheney’s office gathered information on Valerie Plame Wilson in 2003, whether Cheney directed Libby to leak Plame Wilson’s name to reporters, and whether Cheney knew Libby was leaking that information. “[T]here are many wide-ranging questions about your involvement,” they write. The three congressmen also ask more general questions, such as if Cheney knew the administration’s claims that Iraq sought uranium from Niger were false even as the White House was using those claims to justify its war with Iraq. Cheney spokeswoman Lea Anne McBride says that Cheney will cooperate with the Justice Department as the criminal investigation of special counsel Patrick Fitzgerald moves forward. Cheney and other White House officials could be called to testify if Libby goes to trial. [Associated Press, 11/3/2005]
Conservative Washington lawyers David Rivkin and Lee Casey publish a guest editorial in the Wall Street Journal defending the Bush administration, and specifically the indicted Lewis Libby (see October 28, 2005), for their actions in the Plame Wilson identity leak. No crime was committed, Rivkin and Casey allege, and no legal ethics were breached. Valerie Plame Wilson’s identity as a CIA official was moot because, Rivkin and Casey write, “she was not a covert agent—a readily ascertainable fact that should have concluded special counsel Fitzgerald’s investigation almost as soon as it got underway” (see Fall 1992 - 1996). In fact, Rivkin and Casey write, exposing Plame Wilson’s role in her husband Joseph Wilson’s 2002 mission to Africa (see February 19, 2002, February 21, 2002-March 4, 2002, July 22, 2003, October 17, 2003, and July 20, 2005) “was relevant to an accurate understanding of his later allegations against the administration.” In general, the lawyers state, it is not a crime to expose an intelligence official’s “classified” status, only genuine covert agents. Since Plame Wilson was not a covert agent, by Rivkin and Casey’s standards, no crime was committed in exposing her as a CIA official. And even had she been, they continue, certainly no damage could have been done by her exposure (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006). When Wilson decided to publish his New York Times op-ed (see July 6, 2003), the lawyers write, he “eliminated whatever shreds of anonymity” Plame Wilson retained. The lawyers conclude that “the revelation of Ms. Plame [Wilson]‘s connection to the CIA was a public service, neither criminal nor unethical.” [Wall Street Journal, 11/4/2005]
Special prosecutor Patrick Fitzgerald is narrowing his focus on the potential criminal actions of White House political strategist Karl Rove. According to lawyers involved in the Lewis Libby perjury investigation, Fitzgerald is abandoning inquiries into whether Rove lied to a grand jury about his role in the Plame Wilson identity leak, and his characterization of the involvement of President Bush in the leak. Now Fitzgerald is focusing on whether Rove tried to conceal from the grand jury a conversation he had with Time reporter Matthew Cooper in the week before Valerie Plame Wilson’s identity was revealed (see 11:00 a.m. July 11, 2003 and October 15, 2004). Fitzgerald is not sure Rove was fully forthcoming about the belated discovery of an internal e-mail in which he described the conversation with Cooper (see After 11:07 a.m. July 11, 2003 and March 1, 2004), and some within the investigation speculate that Rove may have perjured himself. White House officials have said that Rove will not be asked to leave the administration if he is not indicted. Democratic leaders in Congress have renewed their call for him to resign, reminding Bush of his pledge to demand the “highest ethical standards” from the members of his administration. [New York Times, 11/4/2005] Rove’s lawyer, Robert Luskin, will point to a casual conversation between himself and journalist Viveca Novak as proof that Rove did not deliberately lie about the conversation with Cooper (see March 1, 2004). However, a source familiar with the case tells reporters that Rove had informed Luskin about the Cooper conversation even before his first testimony to the grand jury in February 2004 (see February 2004). Rove then told the jury that he did not remember speaking with Cooper about Plame Wilson. According to the source, Fitzgerald finds it suspicious that Rove did not find the e-mail until after he had subpoenaed Cooper to testify before his grand jury (see May 21, 2004). [Washington Post, 12/3/2005]
New York Post editorial writer Deborah Orin echoes charges made by previous columnists in the Wall Street Journal that special counsel Patrick Fitzgerald is conducting a partisan political prosecution of former White House official Lewis Libby (see October 29, 2005 and October 31, 2005), and repeats charges by former Reagan Justice Department official Victoria Toensing that the CIA is behind the exposure of Valerie Plame Wilson’s covert identity (see November 3, 2005). Orin repeats previously made assertions that the CIA allowed Plame Wilson’s exposure by allowing her to send her husband, former ambassador Joseph Wilson, to Niger (see February 13, 2002, February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005), failed to have Wilson sign “the usual confidentiality agreement,” and failed to require him to write a written report (see March 4-5, 2002, (March 6, 2002), and March 8, 2002). Orin accuses Wilson of only voicing his public criticism of the Bush administration’s Iraq invasion after he “joined” the presidential campaign of John Kerry (D-MA) in May 2003, even though he began publicly criticizing the administration a year earlier (see May 2002, October 13, 2002, November 2002, December 9, 2002, January 28-29, 2003, February 13, 2003, February 28, 2003, March 3, 2003, March 5, 2003, and March 8, 2003), and the White House began its retaliatory attack against his criticisms in March 2003 (see March 9, 2003 and After). Orin also repeats Toensing’s sourceless assertion that Wilson’s New York Times op-ed about his findings in Niger (see July 6, 2003) “sharply conflicted with what he’d told the CIA.” It was the CIA’s actions, not the White House’s, that led to Plame Wilson’s exposure, Orin avers (see June 13, 2003, June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, and July 12, 2003). Orin quotes Toensing, who said: “It [the Plame Wilson exposure] was a planned CIA covert action against the White House. It was too clever by half.” The reason, Orin says, was to divert attention from its intelligence failures surrounding the US failure to find WMD in Iraq: “Having Wilson go public was very useful to the CIA, especially the division where his wife worked—because it served to shift blame for failed ‘slam dunk’ intelligence claims away from the agency. To say that Bush ‘twisted’ intelligence was to presume—falsely—that the CIA had gotten it right.” The White House was merely defending itself from the CIA’s propaganda onslaught, Orin writes, adding that since Plame Wilson was not a covert agent (see Fall 1992 - 1996), the agency was “dishonest” in claiming that its intelligence operations had been damaged by her exposure (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006). [New York Post, 11/7/2005]
Entity Tags: Lewis (“Scooter”) Libby, Central Intelligence Agency, Bush administration (43), Deborah Orin, John Kerry, Joseph C. Wilson, Victoria Toensing, Valerie Plame Wilson, New York Post, Patrick J. Fitzgerald, Wall Street Journal
Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing
Defense lawyers for Lewis Libby (see October 28, 2005) indicate that they will shift their defense strategy. Not only will they claim that their client did not intentionally lie to either the FBI (see October 14, 2003 and November 26, 2003) or the grand jury investigating the Plame Wilson CIA identity leak (see March 5, 2004 and March 24, 2004), they will attempt to impugn the credibility and the accuracy of the journalists who are expected to testify that they learned of Valerie Plame Wilson’s CIA identity from Libby, instead of the other way around, as Libby will likely claim. Three reporters—Judith Miller of the New York Times, Matthew Cooper of Time magazine, and Tim Russert of NBC News—are expected to be the prime focus of the defense’s efforts. It is unclear whether any of the reporters will testify voluntarily, or will resist efforts to have them testify before the jury. [Wall Street Journal, 11/7/2005]
Newsweek’s Evan Thomas writes a profile of Lewis “Scooter” Libby, the former chief of staff for Vice President Dick Cheney who is now suspected of leaking CIA officer Valerie Plame Wilson’s name to the press (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Thomas writes that he doubts either Cheney or Libby were “conspiring to trash” former ambassador Joseph Wilson by outing his wife as a CIA officer. Instead, Thomas writes, “it is much more likely they believed that they were somehow safeguarding the republic. It’s also a good bet that they did not foresee the disastrous consequences of their conversation (see (June 12, 2003)), as well as a series of others between Libby and government officials and several reporters in the summer of 2003. Libby, as well as his boss, operated, at least in their own minds, on a higher plane.” Thomas paints Libby as committed to “duty and honor,” and identifying with “Roman centurions and Plato’s Men of Silver, idealized guardians who cared nothing for celebrity or money but lived only to serve.” Libby idealizes former British Prime Minister Winston Churchill, and has compared Cheney to Churchill, who defied English politicians in the 1930s to agitate against the rising threat posed by Adolf Hitler. So, too, is Cheney taking definitive action against the rising threat of Islamist terrorism, Thomas writes, and Libby is determined to assist him. Outing Plame Wilson was “foolish” and centered in “hubris,” Thomas notes, but puts it down to Libby’s “heroic, romantic sense of his boss and his own role in history,” and his going over the line in service to his country. “[I]t is… likely that Libby was caught up in an ancient trap of the best and the brightest,” Thomas writes, “the belief that they do not have to play by normal rules when they serve a higher calling, and that small lies can be told to protect higher truths.” [Newsweek, 11/7/2005]
The National Review publishes an editorial by Cesar Conda, an assistant to Vice President Dick Cheney from January 2001 to September 2003. Conda writes a glowing defense of indicted perjurer Lewis Libby, whom he worked with in Cheney’s office. Conda notes that he was not “personally close” to Libby, and says he has not spoken to him since December 2004. Conda claims no access to the Libby defense team, nor any knowledge of the Libby defense strategy. However, he writes, “I have my own observations of the man, and some commonsense arguments that should to be considered as they relate to the indictment.” Conda calls the portrayal of Libby in special counsel Patrick Fitzgerald’s indictment of him (see October 28, 2005) a “caricature” that “is utterly at odds with his professional and personal history.” Libby, Conda writes, “is honorable, discreet, selfless—a man of unquestionable integrity. Most of his professional career has been spent in public service, as a behind-the-scenes, yet invaluable staffer at the Department of State, the Department of Defense, and the Congress.” Libby served in Cheney’s office “at great personal sacrifice,” according to Conda, choosing to leave “a lucrative private law practice” and “compromis[ing] family time with his two grade-school children—to focus his energies on his all consuming job in the White House.” Conda goes into detail about Libby’s overwhelming workload, a key element of the Libby defense team’s “memory defense” (see January 31, 2006). According to Conda, Libby should be expected to misremember some “fleeting” conversations he may have had with reporters about former ambassador Joseph Wilson and Wilson’s wife, CIA official Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, Late Afternoon, July 12, 2003, July 10 or 11, 2003, October 14, 2003, November 26, 2003, March 5, 2004, and March 24, 2004). Conda claims that Wilson is at the heart of the Libby indictment, and accuses him of falsifying his report about the Iraq-Niger uranium hoax (see March 4-5, 2002 and July 6, 2003). Conda concludes by praising Libby as a man whose “noble” goal was “to protect the American people from terrorism.” [National Review, 11/10/2005]
Washington Post reporter Bob Woodward testifies under oath in a sworn deposition to special counsel Patrick Fitzgerald concerning his knowledge of the identity of outed CIA agent Valerie Plame Wilson (see December 30, 2003), and how he came upon that knowledge. Woodward testifies that he spoke “with three current or former Bush administration officials” in regards to his book Plan of Attack. He testifies for two hours under an agreement that he will only discuss matters specifically relevant to Fitzgerald’s investigation, and with written statements from each of the three administration officials waiving confidentiality “on the issues being investigated by Fitzgerald.” Woodward’s name came to Fitzgerald’s attention after one of the three officials, former Deputy Secretary of State Richard Armitage, told Fitzgerald that he had revealed Plame Wilson’s identity to Woodward (see June 13, 2003 and After October 28, 2005). In his story for the Post about his testimony, Woodward does not reveal Armitage’s identity, but it is soon disclosed by other sources (see March 14, 2006). Woodward spoke with a second administration official, whose identity he also does not disclose, and with Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby, but says he did not discuss Plame Wilson with either Libby or the other official (see June 23, 2003). He testifies that he did not discuss Plame Wilson with any other government officials (see June 20, 2003) before Robert Novak publicly outed her on July 14 (see July 14, 2003). Woodward notes, “It was the first time in 35 years as a reporter that I have been asked to provide information to a grand jury.” [Washington Post, 11/16/2005; Washington Post, 11/16/2005; Washington Post, 7/3/2007] Investigative reporters for the progressive news Web site Raw Story identify National Security Adviser Stephen Hadley as Woodward’s source for Plame Wilson’s identity, a claim echoed by the Times of London. Hadley refuses to answer questions on the topic. [Raw Story, 11/16/2005; London Times, 11/20/2005] In 2006, the National Security Council will refuse to directly deny Hadley’s involvement, and will request that Raw Story attribute denials to the White House and not to itself.) [Raw Story, 3/19/2006]
Woodward Told Second Reporter about Plame Wilson - Woodward testifies that he told another reporter about Plame Wilson: “I told Walter Pincus, a reporter at the Post, without naming my source, that I understood Wilson’s wife worked at the CIA as a WMD analyst.” Pincus says he has no memory of Woodward telling him anything about Plame Wilson, and says he would certainly have remembered such a conversation, especially since he was writing about Plame Wilson’s husband, war critic Joseph Wilson, at the time (see June 3, 2003, June 11, 2003, June 12, 2003, and (July 11, 2003)). “Are you kidding?” Pincus says. “I certainly would have remembered that.” Pincus believes Woodward is confused about the timing and the nature of their conversations; he remembers Woodward making a vague allusion to Plame Wilson in October 2003. That month, Pincus had written a story explaining how an administration source had contacted him about Wilson. Pincus recalls Woodward telling him that he was not the only person who had been contacted.
Libby Lawyer: Woodward's Testimony Undermines Case against Client - Lewis Libby’s lawyer, William Jeffress, says Woodward’s testimony undermines the case Fitzgerald is building against his client (see October 28, 2005). “If what Woodward says is so, will Mr. Fitzgerald now say he was wrong to say on TV that Scooter Libby was the first official to give this information to a reporter?” Jeffress says. “The second question I would have is: Why did Mr. Fitzgerald indict Mr. Libby before fully investigating what other reporters knew about Wilson’s wife?” [Washington Post, 11/16/2005]
Plame Wilson 'Deeply Disappointed' in Woodward - In 2007, Plame Wilson will write, “I was deeply disappointed that [Woodward] had chosen to react as a journalist first and a responsible citizen only when his source ‘outed’ him to the special prosecutor.” [Wilson, 2007, pp. 238]
Entity Tags: Valerie Plame Wilson, Walter Pincus, Robert Novak, Richard Armitage, Raw Story, Lewis (“Scooter”) Libby, National Security Council, Bob Woodward, Bush administration (43), Joseph C. Wilson, William Jeffress, London Times, Patrick J. Fitzgerald, Stephen J. Hadley
Timeline Tags: Niger Uranium and Plame Outing
Washington Post reporter Bob Woodward acknowledges testifying in the Plame Wilson investigation (see November 14, 2005), and apologizes to the Post for failing to tell editors and publishers that a senior Bush administration official told him over two years ago that Valerie Plame Wilson was a CIA officer (see June 13, 2003). Woodward is a reporter and assistant managing editor at the Post. While speculation has been rife over which reporters knew of Plame Wilson’s identity, and which administration officials are responsible for blowing her covert status, Woodward has never admitted to being a recipient of the leaked information, and has repeatedly attacked the investigation (see December 1, 2004, July 7, 2005, July 11, 2005, July 17, 2005, July 31, 2005, and October 27, 2005). Woodward explains that he did not reveal his own involvement in the case—that Deputy Secretary of State Richard Armitage informed him of Plame Wilson’s CIA status—because he feared being subpoenaed by special prosecutor Patrick Fitzgerald. Woodward says he was trying to protect his sources. “That’s job number one in a case like this,” he says. “I hunkered down. I’m in the habit of keeping secrets. I didn’t want anything out there that was going to get me subpoenaed.” Woodward told his editors about his knowledge of the case shortly after former White House aide Lewis “Scooter” Libby was indicted for perjury and obstruction of justice (see October 28, 2005). [Washington Post, 11/16/2005; Washington Post, 11/16/2005; Washington Post, 11/17/2005]
Woodward 'Should Have Come Forward' - Executive editor Leonard Downie Jr. says Woodward “made a mistake.… [H]e still should have come forward, which he now admits. We should have had that conversation.… I’m concerned that people will get a mis-impression about Bob’s value to the newspaper and our readers because of this one instance in which he should have told us sooner.” Downie adds: “After Libby was indicted, [Woodward] noticed how his conversation with the source preceded the timing in the indictment. He’s been working on reporting around that subject ever since the indictment.”
Questions of Objectivity, Honesty - Woodward’s silence about his own involvement while repeatedly denigrating the investigation causes many to question his objectivity. “It just looks really bad,” says Eric Boehlert, an author and media critic. “It looks like what people have been saying about Bob Woodward for the past five years, that he’s become a stenographer for the Bush White House” (see November 25, 2002). Journalism professor Jay Rosen says flatly, “Bob Woodward has gone wholly into access journalism.” And Robert Zelnick, chair of Boston University’s journalism department, says: “It was incumbent upon a journalist, even one of Woodward’s stature, to inform his editors.… Bob is justifiably an icon of our profession—he has earned that many times over—but in this case his judgment was erroneous.” Rem Rieder, the editor of American Journalism Review, says Woodward’s disclosure is “stunning… [it] seems awfully reminiscent of what we criticized Judith Miller for.” Miller, a reporter for the New York Times, was accused by Times executive editor Bill Keller of misleading the paper by not informing her editors that she had discussed Plame Wilson’s identity with Libby (see October 16, 2005). Rieder calls Woodward “disingenuous” for his criticism of the investigation (see July 7, 2005, July 11, 2005, July 17, 2005, and October 27, 2005) without revealing his own knowledge of the affair. Columnist and reporter Josh Marshall notes, “By becoming a partisan in the context of the leak case without revealing that he was at the center of it, really a party to it, he wasn’t being honest with his audience.” Woodward claims he only realized his conversation with Armitage might be of some significance after Libby was described in the indictment as the first Bush official to reveal Plame Wilson’s name to reporters. Armitage told Woodward of Plame Wilson’s identity weeks before Libby told Miller. Unlike Libby, Armitage did not release Woodward from his promise to protect his identity (see September 15, 2005). [Washington Post, 11/17/2005]
Woodward Denies Quid Pro Quo - Some time later, a colleague will ask Woodward if he were trading information with Armitage on a friendly, perhaps less-than-professional basis. “Was this a case of being in a relationship where you traded information with a friend?” Woodward will respond sharply: “It’s not trading information. It is a subterranean narrative. What do you have? What do you know? If you start making this a criminal act, people will not speak to you.” [Vanity Fair, 4/2006]
Entity Tags: Lewis (“Scooter”) Libby, Eric Boehlert, Bush administration (43), Bob Woodward, Jay Rosen, Leonard Downie, Jr., Valerie Plame Wilson, Washington Post, Richard Armitage, Robert Zelnick, Joshua Micah Marshall, Patrick J. Fitzgerald, Rem Rieder
Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing
A Washington Post analysis posits that the revelation that Post reporter Bob Woodward was the first to learn of Valerie Plame Wilson’s CIA identity (see June 13, 2003 and November 14, 2005) may “provide a boost” to the legal defense of indicted White House leaker Lewis Libby (see October 28, 2005). Woodward has testified that another government official leaked Plame Wilson’s name to a member of the press—himself—well before Libby’s leaks to other reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). Furthermore, Woodward has testified that Libby did not divulge Plame Wilson’s name to him during their two conversations in late June (see June 23, 2003 and June 27, 2003), a time period in which special counsel Patrick Fitzgerald says Libby was passing information about Plame Wilson to reporters and colleagues. The Post writes, “While neither statement appears to factually change Fitzgerald’s contention that Libby lied and impeded the leak investigation, the Libby legal team plans to use Woodward’s testimony to try to show that Libby was not obsessed with unmasking Plame and to raise questions about the prosecutor’s full understanding of events.” Former federal prosecutor John Moustakas says: “I think it’s a considerable boost to the defendant’s case. It casts doubt about whether Fitzgerald knew everything as he charged someone with very serious offenses.” But Randall Eliason, formerly the head of the public corruption unit in the Washington, DC, US Attorney’s Office, says he doubts the Woodward account will have much effect on Libby’s case, and calls such theories “defense spin.” Eliason says: “Libby was not charged with being the first to talk to a reporter, and that is not part of the indictment. Whether or not some other officials were talking to Woodward doesn’t really tell us anything about the central issue in Libby’s case: What was his state of mind and intent when he was talking to the FBI and testifying in the grand jury?… What this does suggest, though, is that the investigation is still very active. Hard to see how that is good news for [White House deputy chief of staff Karl] Rove or for anyone else in the prosecutor’s cross hairs.” The Libby defense team is calling Woodward’s testimony a “bombshell” with the potential to derail Fitzgerald’s case. Rove’s defense lawyers add that Woodward’s testimony benefits their client also. A source the Post calls “close to Rove” says: “It definitely raises the plausibility of Karl Rove’s simple and honest lapses of memory, because it shows that there were other people discussing the matter in what Mr. Woodward described as very offhanded, casual way. Let’s face it, we don’t all remember every conversation we have about significant issues, much less those about those that are less significant.” [Washington Post, 11/17/2005] Criminal defense lawyer Jeralyn Merritt, writing for the progressive blog TalkLeft, notes: “Fitzgerald did not say that Libby was the first administration official to disclose Valerie Plame Wilson’s identity to a reporter. He said Libby was the first person known to the government to have disclosed her identity. There’s a sea of difference between the two.… I think it’s perfectly clear what Fitzgerald meant in light of his statement at the beginning of the conference—Libby was the first person the investigation uncovered who disclosed the information to a reporter. I see nothing in Woodward’s revelations that affect the charges against Libby. He’s not charged with leaking Plame Wilson’s identity or with engaging in a vendetta against Wilson, although some have said he did both. He’s charged with lying to Fitzgerald’s investigators and the grand jury about what he told reporters and when and what reporters told him—and obstructing justice.” [Jeralyn Merritt, 11/16/2005]
Lawyers David Rivkin and Lee Casey demand that special counsel Patrick Fitzgerald drop his prosecution of former White House official Lewis Libby. In a Washington Times editorial, Rivkin and Casey write that, because Washington Post reporter Bob Woodward has admitted to being the recipient of leaked information about CIA official Valerie Plame Wilson before Libby leaked her covert identity (see November 14, 2005), it is possible that Woodward himself told Libby of Plame Wilson’s CIA status—it is possible that Libby merely “misremembered” the reporter who told him as NBC’s Tim Russert, when it was likely Woodward (see July 10 or 11, 2003). Moreover, the lawyers assert, the likelihood of a jury actually convicting Libby of perjury and obstruction of justice (see October 28, 2005) is unlikely in light of Woodward’s revelation and the “reasonable doubt” they say Woodward’s recent testimony raises. Rivkin and Casey echo previous assertions that the CIA did not bother to ensure the safety of Plame Wilson’s covert status (see November 3, 2005), in effect blaming the agency for her identity being exposed. [Washington Times, 11/17/2005] Rivkin and Casey, in a previous Washington Times editorial, called the exposure of Plame Wilson a “public service” (see November 4, 2005).
The conservative Washington Times demands that special counsel Patrick Fitzgerald drop his prosecution of former White House official Lewis Libby. The editorial joins a guest editorial from two Washington lawyers on the Times’s editorial page making similar demands (see November 17, 2005). As in the lawyers’ op-ed, the Times highlights recent testimony by Washington Post reporter Bob Woodward that he was told of Valerie Plame Wilson’s CIA status before Libby leaked it to the press (see November 14, 2005). Moreover, the Times asserts that Woodward has stated he may have told Libby about Plame Wilson. Together, Woodward’s revelations have “bl[own] a gigantic hole in Patrick Fitzgerald’s recently unveiled indictment of the vice president’s former chief of staff,” the Times concludes. Like the lawyers, the Times’s editorial writers say that Libby merely misremembered the identity of the reporter who told him of Plame Wilson’s identity, confusing Woodward with NBC’s Tim Russert (see July 10 or 11, 2003). And again echoing the lawyers, the Times’s editorial writers argue that “it is at least doubtful whether a reasonable jury would find Mr. Libby guilty.” Therefore, the editorial concludes, “Mr. Fitzgerald should do the right thing and promptly dismiss the indictment of Scooter Libby.” [Washington Times, 11/17/2005]
Conservative columnist Tucker Carlson, writing for MSNBC, claims that the exposure of Valerie Plame Wilson’s CIA identity did not harm US national security, and offers $100 “to the first person who can prove otherwise” (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). Carlson goes on to note that former White House official Lewis Libby was not the first person to leak Plame Wilson’s identity to the press, as recent revelations from the Washington Post’s Bob Woodward show that Woodward knew of Plame Wilson’s CIA status well before Libby leaked it to New York Times reporter Judith Miller (see November 14, 2005). Carlson says in light of these two facts that Libby never should have been charged with anything (see October 14, 2003, November 26, 2003, March 5, 2004, and March 24, 2004), and special counsel Patrick Fitzgerald should apologize to Libby. Moreover, Carlson writes, Fitzgerald is “the enemy” of journalists and the public’s right to know; because of Fitzgerald’s subpoenas to reporters, both reporters and government sources are “spooked.… Thanks to Fitzgerald, there will be fewer leaks from the executive branch in years to come. Fewer leaks mean less information, and therefore a less informed public. We all lose.” [MSNBC, 11/17/2005] Carlson does not inform his readers of his family’s close ties to the Libby defense fund (see February 28, 2006).
Neoconservative John Podhoretz adds his voice to the recent demands from conservatives for special counsel Patrick Fitzgerald to drop his prosecution of former White House official Lewis Libby (see November 10, 2005, November 17, 2005, November 17, 2005, and November 17, 2005). Podhoretz calls Fitzgerald’s investigation an “inquisition,” and, like many of his fellow commentators, points to the recent revelation that reporter Bob Woodward received leaked information about Valerie Plame Wilson’s CIA status before Libby leaked it to a different reporter (see November 14, 2005). In his indictment of Libby (see October 28, 2005), Fitzgerald said that Libby was “the first official to disclose this information outside the government to a reporter” when he told former New York Times reporter Judith Miller about Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Fitzgerald did not know then that another, as-yet-unnamed government official (later revealed to be former Deputy Secretary of State Richard Armitage—see June 13, 2003) had “outed” Plame Wilson before Libby. Therefore, Podhoretz concludes, there is no evidence that Libby knowingly lied to the FBI (see October 14, 2003 and November 26, 2003) and to Fitzgerald’s grand jury (see March 5, 2004 and March 24, 2004) in denying his leaks of Plame Wilson’s identity. “How can it be fair to convict Libby when even the prosecutor himself can’t get the story straight?” Podhoretz asks. [New York Post, 11/18/2005]
Deputy Defense Secretary Gordon England, who for a year has advocated that the US issue clear rules about detention and interrogation of terror suspects (see Summer 2005), calls a meeting of three dozen Pentagon officials, including the vice chief and top uniformed lawyer for each military branch. England wants to discuss a proposed new directive defining the US military’s detention policies. The secretaries of the Army, Navy, and Air Force are present, as are generals from each branch of service and a number of military lawyers, including Naval General Counsel Alberto Mora. The agenda is set by Matthew Waxman, the deputy assistant secretary for detainee affairs. Waxman says that the president’s general statement that detainees should be treated humanely “subject to military necessity” (see February 7, 2002) has left US military interrogators and others unsure about how to proceed with detainees. Waxman has proposed making it official Pentagon policy to treat detainees in accordance with Common Article III of the Geneva Conventions, which bars cruel, inhuman, and degrading treatment, as well as “outrages against human dignity.” The standard has already been in effect since the Geneva Conventions were first put into place over 50 years ago, and US military personnel are trained to follow it. In 2007, the Washington Post will observe, “That was exactly the language… that [Vice President] Cheney had spent three years expunging from US policy.” Mora will later recall of the meeting, “Every vice chief came out strongly in favor, as did every JAG,” or Judge Advocate General.
Opposition - Every military officer supports the Waxman standard, but two civilians oppose it: Stephen Cambone, the undersecretary of defense for intelligence, and William Haynes, the Pentagon’s general counsel and a close associate of Cheney’s chief counsel, David Addington. Cambone and Haynes argue that the standard will limit the US’s “flexibility” in handling terror suspects, and it might expose administration officials to charges of war crimes. If Common Article III becomes the standard for treatment, then it might become a crime to violate it.
War Crimes Questions - An exasperated Mora points out that whether the proposal is adopted or not, the Geneva Conventions are already solidly part of both US and international law. Any serious breach is in legal fact a war crime. Mora reads from a copy of the US War Crimes Act, which already forbids the violation of Common Article III. It is already the law, Mora emphasizes, and no one is free to ignore it. Waxman believes his opponents are isolated, and issues a draft of DOD Directive 2310, incorporating the Geneva-based language.
Browbeating Waxman - Within a few days, Addington and Lewis “Scooter” Libby, Cheney’s chief of staff, bring Waxman in for a meeting. The meeting goes poorly for Waxman. Addington ridicules the vagueness of the Geneva ban on “outrages upon personal dignity,” saying it leaves US troops timid in the face of unpredictable legal risk. Waxman replies that the White House policy is far more opaque, and Addington accuses him of trying to replace the president’s decision with his own. Mora later says, “The impact of that meeting is that Directive 2310 died.” Shortly thereafter, Waxman will leave the Pentagon for a post at the State Department. [New Yorker, 2/27/2006; Washington Post, 6/25/2007]
Entity Tags: Alberto Mora, David S. Addington, Lewis (“Scooter”) Libby, William J. Haynes, War Crimes Act, Matthew Waxman, Gordon England, Richard (“Dick”) Cheney, US Department of Defense, Geneva Conventions, Stephen A. Cambone
Timeline Tags: Torture of US Captives, Civil Liberties
The New York Sun exhorts its readers to contribute to the Lewis Libby defense fund (see After October 28, 2005). The Sun, in an op-ed, calls the Libby Legal Defense Fund “a distinguished, bipartisan group” formed to help pay the legal expenses for Libby, whom the Sun says “is the target of a witch hunt by a special counsel,” Patrick Fitzgerald. The government should be paying for Libby’s legal expenses, the editorial states: “After all, he is being prosecuted for carrying out his official duties, defending the president’s agenda on the war in Iraq against an effort to undermine it by the president’s political and ideological rivals. There is no suggestion whatsoever by the prosecutor that Mr. Libby sought to use his political office for private gain.” The editorial goes on to call the case against Libby “frivolous,” and says Americans of all political stripes should consider donating to Libby’s defense, whether they be “a neoconservative who believes that the Iraq war spread freedom… a defender of the freedom of the press who believes that government officials in America should be free to talk to the press without fear of being thrown in prison by a prosecutor… a Clinton loyalist who remembers how special prosecutors were used against the previous administration… a believer in a strong presidency who thinks the whole idea of criminalizing policy differences has a tendency to sap the boldness of the president [, or] a believer in the underdog and want Mr. Libby to have a fair fight against the special prosecutor.” [New York Sun, 12/8/2005]
The law firm of Jones Day submits the first classified document request to special counsel Patrick Fitzgerald on behalf of its client, Lewis Libby. The letter reads in part, “The documents requested include not only documents in the possession, custody, or control of your office, but also (a) documents in the possession, custody, or control of any agency allied with the prosecution, including without limitation the FBI, CIA, and the Office of the Vice President (‘OVP’), and (b) all other documents of which your office has knowledge and to which it has access.” The request is for, among other documents, Libby’s White House notes from May 2003 through March 2004; all documents pertaining to Libby’s morning intelligence briefings from May 2003 through March 2004, and including all Presidential Daily Briefings (PDBs); any CIA damage assessment performed in light of the Plame Wilson identity leak; and any documents pertaining to Valerie Plame Wilson’s status as a clandestine CIA official. [Letter to Patrick Fitzgerald from Jones Day re United States v. I. Lewis Libby, 12/14/2005, pp. 2-5 ] None of the lawyers for either the prosecution or the defense are aware of an in-house CIA assessment of the “severe” damage caused by the leak (see Before September 16, 2003).
Former White House official Lewis Libby, facing criminal charges of perjury and obstruction of justice for his involvement in the Valerie Plame Wilson identity leak (see October 28, 2005), joins the Hudson Institute, a conservative think tank that focuses on foreign policy and national security. Libby is a senior fellow whose focus will be issues related to terrorism and Asia, and will also advise the institute on strategic planning. Other prominent conservatives who are members of the Hudson Institute are former Reagan administration Solicitor General Robert Bork (see October 19-20, 1973 and July 1-October 23, 1987), and former National Security Agency Director William Odom (see September 16, 2004). Libby will be paid a salary commensurate with his White House remuneration of $160,000. [Washington Post, 1/6/2006]
Special counsel Patrick Fitzgerald responds to a classified document request submitted by the Lewis Libby defense team (see December 14, 2005). Fitzgerald disputes lawyer John Cline’s characterization of the Office of Special Counsel as “allied with… the FBI, CIA, and the Office of the Vice President,” and notes that “we are not aligned with the various delineated government agencies other than the” FBI. Fitzgerald writes that his office will provide whatever requested documents it can, but many of the classified documents requested are not in its possession, and he doubts his office will ever be provided with many of them, particularly the extremely sensitive Presidential Daily Briefs. Others of the documents, such as some of Libby’s notes from his time in the Office of the Vice President, have not yet been provided; Fitzgerald says that once his office receives the documents, he will provide them to Libby’s lawyers. [Office of Special Counsel, 1/9/2006 ]
Lawyers for former vice-presidential chief of staff Lewis Libby, charged with perjury and obstruction of justice in the Valerie Plame Wilson identity leak case (see December 30, 2003 and January 16-23, 2007), say they will subpoena a number of journalists and news organizations. The lawyers say the journalists and news organizations’ notes and records will assist in defending their client. [Wall Street Journal, 1/21/2006; Washington Post, 7/3/2007] The defense also intends to ask for a large number of government documents, many of them classified. They do not say what they intend to ask for, or who they intend to subpoena, but they do alert Judge Reggie Walton that the trial could be significantly delayed during the subpoena and discovery processes. The prosecution is expected to resist some of Libby’s lawyers’ requests. [New York Times, 1/21/2006; Wall Street Journal, 1/21/2006] Criminal defense attorney Jeralyn Merritt, writing for the progressive blog TalkLeft, writes: “The government wants the case to be about whether Libby lied. The defense wants to complicate the case by asking for everything, from reporters’ notes to government agency records, not just about Libby but about Valerie Plame [Wilson] and especially, what others knew about her and from whom and when and where did they learn it. The defense will try to think of everything the government doesn’t want to turn over and it will ask for that. The media companies will battle Libby’s subpoenas, and Libby’s team is probably hoping that the trial court will rule in his favor, which in turn will result in an appeal by the media groups and a long delay of his trial.” [Jeralyn Merritt, 1/20/2006]
The Lewis Libby defense team files a request to use classified government material as part of Libby’s defense. Legal observers say the Libby request could “bog down” the case for months. The Associated Press reports that the request “puts the Libby case on a dual track: one public, the other secret that often can delay criminal cases from going to trial.” The contents of the filing remain secret, but Libby’s lawyers have implied that they want to reveal the nature of CIA official Valerie Plame Wilson’s work as a CIA operative (see Fall 1985, Fall 1989, Fall 1992 - 1996, and April 2001 and After). Special counsel Patrick Fitzgerald opposes the idea that some of the classified documents would be provided (see January 23, 2006). Fitzgerald has already turned over 850 pages of classified information to Libby’s defense lawyers, and is working to declassify more information. [Associated Press, 1/23/2006]
Special counsel Patrick Fitzgerald responds again to the classified document request from the Lewis Libby defense team (see December 14, 2005, January 9, 2006, and January 23, 2006). Fitzgerald reiterates that his office cannot provide some of the classified White House documents that Libby’s lawyers are requesting, and writes that many of the requested materials have no bearing on the perjury and obstruction charges Libby is facing. He also tells the lawyers that his office may not be able to provide some of the documents requested from the Office of the Vice President because that office seems not to have kept them: “We advise you that we have learned that not all e-mail of the Office of Vice President and the Executive Office of the President for certain time periods in 2003 was preserved through the normal archiving process on the White House computer system.” [Office of Special Counsel, 1/9/2006 ]
In a letter to Lewis Libby’s defense lawyers, special counsel Patrick Fitzgerald says that Libby passed classified information from the 2002 National Intelligence Estimate on Iraq (NIE—see October 1, 2002) to reporters. According to Fitzgerald, Libby did so at the behest of his then-boss, Vice President Dick Cheney. Fitzgerald says the information comes from secret grand jury testimony given by Libby (see March 5, 2004 and March 24, 2004). He says Libby testified that he caused at least one other government official to discuss an intelligence estimate with reporters in July 2003. “We also note that it is our understanding that Mr. Libby testified that he was authorized to disclose information about the NIE to the press by his superiors,” Fitzgerald writes. Libby’s lawyer William Jeffress says that regardless of what evidence Fitzgerald may or may not have, his client has no intention of blaming Cheney or other senior White House officials for his actions. Senator Edward Kennedy (D-MA) says Cheney should take responsibility if he indeed authorized Libby to share classified information with reporters. “These charges, if true, represent a new low in the already sordid case of partisan interests being placed above national security,” Kennedy says. “The vice president’s vindictiveness in defending the misguided war in Iraq is obvious. If he used classified information to defend it, he should be prepared to take full responsibility.” Fitzgerald says he intends to use Libby’s grand jury testimony to support evidence pertaining to Libby’s meeting with then-New York Times reporter Judith Miller (see 8:30 a.m. July 8, 2003). [Office of Special Counsel, 1/23/2006 ; Associated Press, 2/10/2006] The press learns of Libby’s testimony days later (see February 2, 2006).
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