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Profile: Patrick J. Fitzgerald
Patrick J. Fitzgerald was a participant or observer in the following events:
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
Time reporter Viveca Novak testifies in the Plame Wilson leak investigation. She and her lawyer, Hank Schuelke, meet in Schuelke’s office with special prosecutor Patrick Fitzgerald. Fitzgerald agrees to limit his questioning to Novak’s conversations with Robert Luskin, the lawyer for White House political adviser Karl Rove (see March 1, 2004). In Novak’s later writing, she characterizes the questioning as “No fishing expeditions, no questions about my other reporting or sources in the case.” Fitzgerald says he wants to “remove the chicken bone without disturbing the body.” He asks general questions about when and how often Novak met with Luskin during the period from the fall of 2003 through the fall of 2004; Novak says they met about five times, but she took no notes from their meetings as Luskin did not speak as freely when she took notes. Then Fitzgerald gets to the “chicken bone,” asking if Luskin ever discussed Rove telling reporter Matthew Cooper that Valerie Plame Wilson was a CIA agent (see 11:00 a.m. July 11, 2003). Novak reveals the contents of her conversation with Luskin, and tells Fitzgerald that she believes the conversation may have occurred in May 2004, though she is not sure. As the meeting comes to an end, Fitzgerald tells her that he may want her to testify again, this time under oath. He does not foresee needing to bring her before his grand jury. Eight days later, Schuelke will inform Novak that Fitzgerald does indeed want her to testify under oath (see December 8, 2005). [Time, 12/11/2005]
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]
Viveca Novak. [Source: Annenberg Public Policy Center]The New York Times learns that a conversation between the lawyer for White House official Karl Rove and Time magazine reporter Viveca Novak led Rove to change his testimony to the grand jury investigating the Plame Wilson identity leak (see October 14, 2005). Novak told Rove’s lawyer, Robert Luskin, that her colleague at Time, Matthew Cooper, had possibly learned of Valerie Plame Wilson’s CIA status from Rove (see March 1, 2004). Special prosecutor Patrick Fitzgerald has summoned Novak to testify before his grand jury about the Luskin conversation. Sources say Fitzgerald is still determining whether Rove has been truthful and forthcoming in his multiple testimonies before the jury, and whether he altered his testimony after learning that Cooper might identify him as a source (see October 15, 2004). Previously, Rove testified that he only spoke to columnist Robert Novak (no relation to Viveca Novak) about Plame Wilson’s secret CIA identity (see July 8, 2003), and failed to disclose his similar leak to Cooper (see 11:00 a.m. July 11, 2003). Rove testified that he simply forgot about his conversation with Cooper during previous testimony. [Washington Post, 11/29/2005; New York Times, 12/2/2005] Progressive media watchdog organization Media Matters notes that Novak never disclosed her conversation with Luskin to Fitzgerald, and failed to inform her readers of her contacts and her knowledge of the case in several articles she wrote about the investigation subsequent to her conversation with Luskin. Media Matters also notes that Novak “provid[ed] Luskin with information that might prove crucial to Rove’s defense in the case.… Novak, an experienced journalist working for a prestigious publication, disclosed to Rove’s lawyer information that she did not give to her readers and that Cooper would zealously try to withhold for more than a year on the basis of the purportedly sacrosanct anonymity agreement between a reporter and a source.… Novak may have affirmatively helped Rove—a source the magazine covers and will continue to cover—beat a perjury rap, not by exonerating him through a story in the course of her job, but by providing his lawyer with information in a private conversation.… Novak apparently felt free to disclose to Rove’s lawyer that Cooper might be compelled to testify before a grand jury about the conversation between Cooper and Rove, but she did not accord Time readers the same privilege.” [Media Matters, 12/2/2005] The Washington Post notes that Luskin and Novak are friends. [Washington Post, 11/29/2005]
Special counsel Patrick Fitzgerald meets for almost three hours with the grand jury investigating the Plame Wilson identity leak; observers believe Fitzgerald is still considering whether to bring charges against White House political strategist Karl Rove. This grand jury is newly empaneled; the first grand jury, after spending almost two years investigating the leak, was dismissed after bringing an indictment against former White House official Lewis Libby (see October 28, 2005). Its term expired that same day. [Associated Press, 12/7/2005; Washington Post, 7/3/2007]
Time reporter Viveca Novak testifies under oath in the Plame Wilson leak investigation, in an interview at her lawyer Hank Schuelke’s office. Novak has already spoken with special prosecutor Patrick Fitzgerald (see November 10, 2005) about her conversations with Robert Luskin, the lawyer for White House aide Karl Rove (see March 1, 2004), but did not inform her editors of either her conversations with Luskin or her discussion with Fitzgerald until after Fitzgerald asked her to testify under oath. In late November, she informed Time bureau chief Jim Carney, who informed managing editor Jim Kelly. As Novak will later write, “Nobody was happy about it, least of all me.” Before her testimony, various leaks about her involvement in the investigation began appearing in the press, making her “feel physically ill.” Novak also rechecked her notes and found that she had misinformed Fitzgerald about the date of her conversation with Luskin concerning Rove: it was most likely March 1, 2004 and not May 2004. Novak will later write that the second interview is “more focused” than the first one, and her responses are, if anything, even more confused and vague than during her first interview. “I was mortified about how little I could recall of what occurred when,” she will later write. Fitzgerald again focuses on her exchanges with Luskin, sticking to their previous agreement “not to wander with his questions.” [Associated Press, 12/8/2005; Time, 12/11/2005] The leaks about Novak apparently began with Luskin, who told Fitzgerald that Novak inadvertently alerted him last year that her colleague, Matthew Cooper, would have to testify that Rove was his source for an article about Valerie Plame Wilson and her husband, Joseph Wilson (see July 17, 2003). Investigative reporter Jason Leopold writes that it seems Luskin is trying to derail a potential criminal indictment of Rove (see December 7, 2005). [CounterPunch, 12/9/2005]
Entity Tags: Karl C. Rove, Jason Leopold, Hank Schuelke, Jim Carney, Joseph C. Wilson, Patrick J. Fitzgerald, Valerie Plame Wilson, Jim Kelly, Matthew Cooper, Viveca Novak, Robert Luskin
Timeline Tags: Niger Uranium and Plame Outing
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]
Investigative reporter Jason Leopold notes that, according to his sources, special prosecutor Patrick Fitzgerald does not believe the story that White House political strategist Karl Rove and his lawyer, Robert Luskin, are telling about the fortuitous discovery of an internal e-mail that led Rove to admit that he told Time reporter Matthew Cooper about Valerie Plame Wilson’s identity. In March 2004, Time reporter Viveca Novak told Luskin that she was sure Rove outed Plame Wilson to Cooper; that information prompted Luskin to have Rove search the White House e-mail archives for information bearing out Novak’s assertion, and Rove found an e-mail he had sent to Deputy National Security Adviser Stephen Hadley about his conversation with Hadley (see March 1, 2004). Novak testified yesterday about her conversation with Luskin (see December 8, 2005). “Fitzgerald is said to be suspicious about the chain of events that led up to the discovery of the email,” Leopold writes. “Moreover, he is said to be convinced that Rove had changed his story once it became clear that Cooper would be compelled to testify about the source—Rove—who revealed Plame Wilson’s CIA status to him.” Luskin has said that his client, Rove, initially forgot about his conversation with Cooper in his first testimonies before Fitzgerald’s grand jury, and claimed he was not Cooper’s source (see October 8, 2003). According to Leopold’s sources, some of which are inside the Fitzgerald team, Fitzgerald does not find Rove and Luskin’s assertions “believable.” [CounterPunch, 12/9/2005]
Time magazine reporter Viveca Novak writes an article discussing her recent testimony to the grand jury investigating the Plame Wilson identity leak. Novak was asked to testify (see December 2, 2005) after special prosecutor Patrick Fitzgerald learned of her conversation with Robert Luskin, the lawyer for White House official Karl Rove. Rove is a primary focus of the leak investigation. In 2004, Novak alerted Luskin that her colleague, Matthew Cooper, had learned of Valerie Plame Wilson’s CIA identity from Rove (see March 1, 2004). That information prompted Luskin to have Rove “alter” his testimony before Fitzgerald’s grand jury, and admit that he had leaked Plame Wilson’s identity to Cooper (see October 14, 2005). Novak defends her conversation with Luskin, admitting that she and Luskin had been casual friends since 1996, and she had used him as a source for several years. Luskin, Novak recalls, informed her in late October 2005 that he had told Fitzgerald of their 2004 conversation, and that Fitzgerald might want to subpoena her to testify. Novak writes that she never considered refusing to testify, since there was no need to try to protect Luskin as a source, and Luskin wanted her to testify anyway. Novak hired a lawyer but did not inform her editors at Time of the upcoming testimony. She spoke with Fitzgerald on November 10 (see November 10, 2005) and testified a month later (see December 8, 2005). Novak notes that Luskin is displeased about her decision to write about their conversation, but, she writes, “I feel that he violated any understanding to keep our talk confidential by unilaterally going to Fitzgerald and telling him what was said. And, of course, anyone who testifies under oath for a grand jury (my sworn statement will be presented to the grand jury by Fitzgerald) is free to discuss that testimony afterward.” After this article is published in Time, the magazine announces, “By mutual agreement, Viveca Novak is currently on a leave of absence.” [Time, 12/11/2005]
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).
Eve Burton, the general counsel for the Hearst Corporation, says the success of the subpoenas and compelled testimony levied against reporters in the Plame Wilson identity leak investigation (see August 7, 2004, August 9, 2004, August 9, 2004, August 12, 2004 and After, August 24, 2004, September 13, 2004, September 15, 2004, October 7, 2004, October 13, 2004, December 2004, February 15, 2005, June 27, 2005, July 1, 2005, July 6, 2005, July 6, 2005, July 11, 2005, July 13, 2005, September 15, 2005, September 29, 2005, September 30, 2005, October 7, 2005, October 12, 2005, November 14, 2005, November 16-17, 2005, and January 20, 2006) has been chilling for reporters. She calls recent developments “troubling,” and continues, “From July to December  we had 42 subpoenas, eight times the number we got in the same six-month period last year.” The language in all the court cases and filings “either invoke[s] the Plame case or they say that now all the rules have changed.” Burton blames the Bush Justice Department in part for the trend, saying: “It is clearly a political decision coming out of the Bush Justice Department to go after the press in this country. In our 42 subpoenas, they will come after anything and everything—B roll at the TV stations, for example. Basic general assignment reporting. A call will come in from the government: ‘I understand you took footage of Joe Blow!’ And the reporter at a station, usually inexperienced, will say, ‘No, we did not take any footage.’ Then we will end up having fights in court with the prosecutor about what constitutes a waiver.” The subpoenas at Hearst, Burton says, involve broadcast stations and newspapers all over the country. “Typically, it is non-published and confidential material” being subpoenaed, she says. “This is the danger of making the press the investigative arm for the government.” Burton and Hearst are fighting every subpoena, no matter how seemingly minor. Burton does not blame special prosecutor Patrick Fitzgerald as much as she blames the increasing lackadaisical attitude of the press itself. “The media has taken its responsibility to fight these subpoenas too loosely,” she says. “When we were fighting every single battle, we were doing better. Then we went through a time when we started to make deals. When you start making deals, you empower people to come after you. It is as simple as that.” [Vanity Fair, 4/2006]
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 ]
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).
Lewis Libby’s lawyers reveal a detailed outline of their planned defense strategy to combat government charges that their client committed perjury and obstructed justice (see October 28, 2005). Libby’s lawyers intend to offer what some call a “memory defense,” a claim that Libby did not deliberately lie to the FBI (see October 14, 2003 and November 26, 2003) or to special counsel Patrick Fitzgerald’s grand jury (see March 5, 2004 and March 24, 2004), but instead was a victim of his own confusion and faulty memory, a condition brought on by his preoccupation with national security matters. Libby’s lawyers have asked for a huge number of highly classified documents (see January 23, 2006 and January 31, 2006) to support his claim of being overworked due to his involvement in the administration’s battle against terrorism and other threats against the nation. The documents, the lawyers claim in a court filing, “are material to establishing that any misstatements he may have made were the result of confusion, mistake, and faulty memory resulting from his immersion in other, more significant matters, rather than deliberate lies.” Libby’s conversations with reporters during the summer of 2003 about CIA official Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, July 10 or 11, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003) “occurred in the midst of an unending torrent of meetings, briefings, and discussions of far more urgent and sensitive issues, including for example, the detection and prevention of terrorist attacks against the United States,” bringing stability to Iraq, and the spread of nuclear weapons in North Korea and Iran. Libby was “inundated from early in the morning until late at night with the most sensitive national security issues this country faces,” his lawyers say, and his faulty memory about what he did and did not tell reporters about Plame Wilson is insignificant compared to the other matters that were on his mind. [New York Times, 2/1/2006]
Lewis Libby’s defense team reiterates its demand for the disclosure of 10 months’ worth of Presidential Daily Briefings, or PDBs, some of the most highly classified of government documents (see December 14, 2005, January 9, 2006, and January 23, 2006). Defense lawyer John Cline has said he wants the information in part to compensate for what he says is Libby’s imperfect recollection of conversations he had with Vice President Dick Cheney and other government officials regarding CIA official Valerie Plame Wilson (see October 14, 2003, November 26, 2003, March 5, 2004, and March 24, 2004). In documents filed with the court, Libby’s lawyers argue, “Mr. Libby will show that, in the constant rush of more pressing matters, any errors he made in FBI interviews or grand jury testimony, months after the conversations, were the result of confusion, mistake, faulty memory, rather than a willful intent to deceive” (see January 31, 2006). Special prosecutor Patrick Fitzgerald has already informed Cline that his office has only “received a very discrete amount of material relating to PDBs” and “never requested copies of PDBs” themselves, in part because “they are extraordinarily sensitive documents which are usually highly classified.” Furthermore, Fitzgerald wrote that only a relatively small number of the PDB information he has received refers to Joseph Wilson’s trip to Niger (see February 21, 2002-March 4, 2002). Cline is considered an expert in using “graymail” techniques—demanding the broad release of classified documents from the government, and, when those requests are denied, demanding dismissal of charges against his client. He was successful at having the most serious charges dismissed against an earlier client, former Colonel Oliver North, in the Iran-Contra trials (see May-June, 1989). [US District Court for the District of Columbia, 1/31/2006 ; National Journal, 2/6/2006]
According to sources with firsthand knowledge, alleged perjurer Lewis Libby (see October 28, 2005), the former chief of staff for Vice President Dick Cheney, has given indications of the nature of his defense in his upcoming trial (see January 16-23, 2007). Libby will tell the court that he was authorized by Cheney and other senior Bush administration officials to leak classified information to reporters to build public support for the Iraq invasion and rebut criticism of the war. Prosecutors believe that other White House officials involved in authorizing the leak of classified information may include former Deputy National Security Adviser Stephen Hadley and White House political strategist Karl Rove. Libby has already made this claim to the grand jury investigating the Plame Wilson identity leak (see March 24, 2004). As he told the grand jury, Libby will claim that he was authorized to leak classified information to rebut claims from former ambassador Joseph Wilson, Valerie Plame Wilson’s husband, that the Bush administration had misrepresented intelligence information to make a public case for war. Libby allegedly outed Plame Wilson, a covert CIA agent, as part of the White House’s effort to discredit Wilson. Libby is not charged with the crime of revealing a covert CIA agent, but some of the perjury charges center on his denials of outing Plame Wilson to the FBI and to the grand jury. Libby has admitted revealing Plame Wilson’s identity to reporter Judith Miller (see August 6, 2005); he also revealed classified information to Miller.
Risk of Implicating Cheney - Law professor Dan Richman, a former federal prosecutor, says it is surprising that Libby would use such a defense strategy. “One certainly would not expect Libby, as part of his defense, to claim some sort of clear authorization from Cheney where none existed, because that would clearly risk the government’s calling Cheney to rebut that claim.” Reporter Murray Waas writes that Libby’s defense strategy would further implicate Cheney in the White House’s efforts to discredit and besmirch Wilson’s credibility (see October 1, 2003), and link him to the leaks of classified information and Plame Wilson’s CIA identity. It is already established that Libby learned of Plame Wilson’s CIA status from Cheney and at least three other government officials (see 12:00 p.m. June 11, 2003 and (June 12, 2003)).
Similarities to North's Iran-Contra Defense Strategy - Waas compares Libby’s defense strategy to that of former Colonel Oliver North, charged with a variety of crimes arising from the Iran-Contra scandal (see February 1989). Libby’s defense team includes John Cline, who represented North during his trial. Critics call Cline a “graymail” specialist, who demands the government disclose classified information during a trial, and uses potential refusals to ask for dismissal of charges. Cline won the dismissal of many of the most serious charges against North when Reagan administration officials refused to declassify documents he said were necessary for North’s defense. The special counsel for the Iran-Contra investigation, Lawrence Walsh, believed that Reagan officials refused to declassify the documents because they were sympathetic to North, and trying North on the dismissed charges would have exposed further crimes committed by more senior Reagan officials. It is likely that Cline is using a similar strategy with Libby, according to Waas. Cline has already demanded the disclosure of 10 months’ worth of Presidential Daily Briefings (PDBs), some of the most highly classified documents in government (see January 31, 2006). The Bush administration has routinely denied requests for PDB disclosures. A former Iran-Contra prosecutor says: “It was a backdoor way of shutting us down. It was a cover-up by means of an administrative action, and it was an effective cover-up at that.… The intelligence agencies do not declassify things on the pretext that they are protecting state secrets, but the truth is that we were investigating and prosecuting their own. The same was true for the Reagan administration. Cline was particularly adept at working the system.” Michael Bromwich, a former associate Iran-Contra independent counsel and a former Justice Department inspector general, says it might be more difficult for the Bush administration to use a similar strategy to undercut special counsel Patrick Fitzgerald, because Fitzgerald was appointed by the attorney general, not a panel of judges as were Walsh and Whitewater special prosecutor Kenneth Starr. Both Walsh and Starr alleged that they were impeded by interference from political appointees in the Justice Department. Bromwich’s fellow associate Iran-Contra counsel William Treanor, now the dean of Fordham University’s Law School, agrees: “With Walsh or Starr, the president and his supporters could more easily argue that a prosecutor was overzealous or irresponsible, because there had been a three-judge panel that appointed him,” Treanor says. “With Fitzgerald, you have a prosecutor who was appointed by the deputy attorney general [at the direction of the attorney general]. The administration almost has to stand behind him because this is someone they selected themselves. It is harder to criticize someone you yourself put into play.” [National Journal, 2/6/2006]
'This Is Major' - Progressive author and columnist Arianna Huffington writes: “This proves just how far the White House was willing to go to back up its deceptive claims about why we needed to go to war in Iraq. The great protectors of our country were so concerned about covering their lies they were willing to pass out highly classified information to reporters. And remember—and this is the key—it’s not partisan Democrats making this claim; it’s not Bush-bashing conspiracy theorists, or bloggers reading the Aspen roots (see September 15, 2005). This information is coming from special prosecutor Patrick Fitzgerald as filed in court papers. This is major.” [Huffington Post, 2/9/2006]
Entity Tags: Judith Miller, Valerie Plame Wilson, Joseph C. Wilson, Dan Richman, Bush administration (43), Arianna Huffington, Stephen J. Hadley, Richard (“Dick”) Cheney, William Treanor, Patrick J. Fitzgerald, Lawrence E. Walsh, Kenneth Starr, Karl C. Rove, Lewis (“Scooter”) Libby, Reagan administration, Murray Waas, John Cline, Michael Bromwich
Timeline Tags: Niger Uranium and Plame Outing
Judge Reggie Walton orders a preliminary date set for Lewis Libby’s trial on perjury and obstruction charges (see October 28, 2005). Walton orders the date set for January 8, 2007. The rather lengthy delay is, in part, due to one of Libby’s lawyers, Theodore Wells, having another trial already set for the fall of 2006. Special counsel Patrick Fitzgerald does not oppose the scheduling. [MSNBC, 2/3/2006; FireDogLake, 2/3/2006] “We are very happy with the trial date set by Judge Walton,” Wells says. “The January 8, 2007, date will permit us the time we need to prepare Mr. Libby’s defense. The defense will show that Mr. Libby is totally innocent, that he has not done anything wrong, and he looks forward to being totally vindicated by a jury.” [New York Times, 2/3/2006] Walton originally wanted the trial to happen in September 2006, but it was delayed because of Wells’s scheduling conflicts. [New York Times, 2/3/2006; Washington Note, 2/3/2006]
The White House’s Office of Administration turns over a large number of e-mails from the Office of the President and the Office of the Vice President to the Libby defense lawyers. Special counsel Patrick Fitzgerald, prosecuting former White House official Lewis Libby, had asked for, but not received, the e-mails earlier, and had wondered if they had been deleted or destroyed (see February 15, 2006). According to Libby’s defense team, the e-mails had not been “archived in the normal way,” and took longer to find. Libby’s lawyers tell a Wall Street Journal reporter that there is nothing pertinent to the case in the e-mails. The Journal will report the lawyer’s assertions three weeks later. [Wall Street Journal, 2/28/2006]
Slate reporter John Dickerson, who formerly worked for Time magazine during the initial Plame Wilson identity leak investigation coverage, writes of his knowledge of, and participation in, the investigation, including his knowledge that White House official Karl Rove leaked Valerie Plame Wilson’s CIA identity to Dickerson’s colleague, Matthew Cooper (see 11:00 a.m. July 11, 2003). Dickerson co-wrote a July 2003 Time article with Cooper (see July 17, 2003) that led to Cooper’s subpoena from the Patrick Fitzgerald investigation (see August 9, 2004 and September 13, 2004), his being held in contempt of court (see October 13, 2004), and his eventual testimony (see July 13, 2005). However, Dickerson was never subpoenaed to testify before the Fitzgerald grand jury. He writes that he accompanied the gaggle of reporters with President Bush on his trip to Africa in July 2003, and of the extensive time spent by two “senior administration official[s]” telling him how partisan and unreliable Plame Wilson’s husband Joseph Wilson is, and how he should investigate what “low-level” CIA official sent Wilson to Niger (see July 11, 2003). “I thought I got the point,” Dickerson writes. “He’d been sent by someone around the rank of deputy assistant undersecretary or janitor.” Dickerson goes on to observe, “What struck me was how hard both officials were working to knock down Wilson” (see October 1, 2003). After returning from the trip, Cooper told Dickerson that Rove had informed him of Plame Wilson’s CIA identity. “So, that explained the wink-wink nudge-nudge I was getting about who sent Wilson,” Dickerson writes. Cooper and Dickerson were careful, Dickerson writes, to ensure that other reporters would not learn of Plame Wilson’s CIA identity from either of them. And Dickerson did not want to encroach on Cooper’s arrangement with Rove. Dickerson writes: “At this point the information about Valerie Plame was not the radioactive material it is today. No one knew she might have been a protected agent—and for whatever reason, the possibility didn’t occur to us or anyone else at the time. But it was still newsworthy that the White House was using her to make its case. That Scooter Libby and Karl Rove mentioned Plame to Matt was an example of how they were attempting to undermine Wilson. They were trying to make his trip look like a special family side deal not officially sanctioned by the agency.” [Slate, 2/7/2006; Slate, 2/7/2006] In 2007, former White House press secretary Ari Fleischer will testify that he informed Dickerson of Plame Wilson’s identity (see 8:00 a.m. July 11, 2003), a statement that Dickerson will dispute. [Slate, 1/29/2007]
Entity Tags: Lewis (“Scooter”) Libby, George W. Bush, Bush administration (43), Ari Fleischer, John Dickerson, Karl C. Rove, Patrick J. Fitzgerald, Time magazine, Valerie Plame Wilson, Matthew Cooper, Joseph C. Wilson
Timeline Tags: Niger Uranium and Plame Outing
The media learns that Attorney General Alberto Gonzales has withheld White House e-mails from special prosecutor Patrick Fitzgerald. If revealed, those e-mails may shed light on which White House officials were involved in leaking the identity of covert CIA agent Valerie Plame Wilson to a number of reporters. Sources close to the Fitzgerald investigation team say that the e-mails may have the potential to incriminate Vice President Dick Cheney, his aides, and/or other White House officials involved in leaking Plame Wilson’s identity to the press. The sources also say that Cheney, in his 2004 testimony before Fitzgerald’s prosecutors, may have lied when he said that neither he nor any of his aides were involved in the Plame Wilson leak, and the e-mails could prove that Cheney was dishonest in his testimony. The e-mails Gonzales is withholding contain references to Plame Wilson’s identity and CIA status, and information regarding the inability to find WMD in Iraq. They also contain suggestions as to how White House officials could respond to increasingly negative criticisms about their conduct of the war from Plame Wilson’s husband, Joseph Wilson. Gonzales, who was the senior White House counsel at the time of the leak, coordinated the White House’s response to the FBI’s investigation of the leak (see May 8, 2004); he and other White House attorneys spent two weeks screening e-mails turned over to his office by some 2,000 staffers. Gonzales told Fitzgerald in 2005 that he had no intention of turning over the e-mails, because they contained classified intelligence information about Iraq in addition to minor references to Plame Wilson. The sources say Gonzales cited “executive privilege” and “national security concerns” as the reasons for not turning over some of the correspondence. Fitzgerald believes that other e-mails were intentionally “shredded” or deleted by either Gonzales or other White House officials. Fitzgerald has informed the judge presiding over the investigation that e-mails from the offices of Cheney and President Bush have not been saved. In a letter to the defense team of former Cheney chief of staff Lewis Libby, Fitzgerald has written, “In an abundance of caution, we advise you that we have learned that not all e-mail of the Office of the Vice President and the Executive Office of the President for certain time periods in 2003 was preserved through the normal archiving process on the White House computer system.” [Truthout (.org), 2/15/2006] The Wall Street Journal will write that the e-mails have been in the Libby team’s possession since February 6 (see February 6, 2006).
Special counsel Patrick Fitzgerald asks Judge Reggie Walton not to grant the request of the Lewis Libby defense team for documents pertaining to reporters’ conversations with White House officials (see January 26, 2006). Libby’s lawyers have already received over 11,000 pages in classified and unclassified documents, says Fitzgerald, including materials from the Office of the Vice President. The defense is also seeking a raft of classified information from the White House and the CIA (see December 14, 2005, January 9, 2006, January 20, 2006, January 23, 2006, January 23, 2006, January 31, 2006, and (February 16, 2006)). “The government has produced all documents and information to which defendant is entitled,” Fitzgerald writes in a court filing. “Requiring the production of the additional materials sought by defendant would unreasonably encroach on legitimate interests of national security, grand jury secrecy, and executive privilege.” [Bloomberg, 2/17/2006]
Special counsel Patrick Fitzgerald makes a filing to the court in opposition to the Lewis Libby defense team’s requests for highly classified information (see December 14, 2005, January 9, 2006, January 23, 2006, January 31, 2006, and February 21, 2006), requests that some have characterized as an attempt to “graymail” the government (see After October 28, 2005, January 31, 2006, and February 6, 2006) by threatening to reveal national security secrets. In his brief, Fitzgerald calls the defense request for almost 11 months of Presidential Daily Briefings (PDBs) “breathtaking” and unnecessary for a perjury defense. “The defendant’s effort to make history in this case by seeking 277 PDBs in discovery—for the sole purpose of showing that he was ‘preoccupied’ with other matters when he gave testimony to the grand jury—is a transparent effort at ‘greymail.’” [Nation, 2/17/2006]
Shortly after the press learns that White House counsel Alberto Gonzales has withheld White House e-mails from the Fitzgerald investigation (see February 15, 2006), the White House turns over some 250 pages of e-mails from Vice President Dick Cheney’s office. The e-mails were sent during the spring of 2003 by senior Cheney aides, and pertain to the leak of CIA official Valerie Plame Wilson’s covert identity to the press. Special counsel Patrick Fitzgerald reveals the “discovery” of the missing e-mails in court. According to reporter Jason Leopold, the contents of the e-mails are “explosive, and may prove that Cheney played an active role in the effort to discredit Plame Wilson’s husband, former ambassador Joseph Wilson, a vocal critic of the Bush administration’s pre-war Iraq intelligence.” According to Leopold’s sources, the e-mails could also prove that Cheney lied to FBI investigators when he was interviewed about the leak in early 2004 (see May 8, 2004). Cheney told investigators that he knew nothing of any effort to discredit Wilson or to expose his wife’s undercover status to reporters. However, the e-mails indicate that Cheney led an effort to discredit Wilson that began in March 2003, and used the CIA to dig up information on Wilson that could be used to dirty his reputation in the press (see March 9, 2003 and After). Some of the e-mails refer to Plame Wilson’s identity and CIA status, and reference the US military’s inability to find weapons of mass destruction in Iraq. The e-mails also contain suggestions from Cheney’s senior aides, and from staffers of the National Security Council, as to how the White House should respond to Wilson’s criticisms of the administration’s pre-war Iraq intelligence. Fitzgerald has been attempting to secure the “missing” e-mails since late January (see January 23, 2006). Gonzales is still refusing to turn over some of the e-mails, citing “executive privilege” and “national security” concerns. [Truthout (.org), 2/24/2006; Associated Press, 2/27/2006] On February 28, the Wall Street Journal will write that the e-mails have been in the Libby team’s possession since February 6, and that they contain nothing pertinent to the trial (see February 6, 2006).
The Lewis Libby defense team files a rejoinder to the special counsel’s request that the team not be granted access to classified White House documents (see February 16, 2006). Libby’s lawyers call the request “entirely unconvincing” and based on “phantom concerns” over executive privilege, “graymail” (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)), and “illusory grand jury secrecy interests.” The motion requests that all documents previously requested be provided to the defense by the special counsel. [US District Court for the District of Columbia, 2/21/2006 ; Jurist, 2/22/2006] “Denying Mr. Libby’s requests because they pertain to ‘extraordinarily sensitive’ documents would have the effect of penalizing Mr. Libby for serving in a position that required him to address urgent national security matters every day,” Libby’s lawyers write. Responding to the accusations of “graymail,” they write, “The government’s ‘greymail’ accusation is not only false, but insulting.” [Associated Press, 2/22/2006] One of Libby’s lawyers, Theodore Wells, files a separate affidavit in support of the team’s motion. [US District Court for the District of Columbia, 2/21/2006 ]
Lawyers for indicted former White House official Lewis Libby (see October 28, 2005) move for the charges against their client to be dismissed, on the ground that special counsel Patrick Fitzgerald lacks the constitutional authority to bring such charges. The lawyers argue that Fitzgerald was improperly appointed by the Justice Department instead of by Congress (see December 30, 2003), and therefore no charges brought or evidence gathered by him and his office have any standing in the court. “Those constitutional and statutory provisions have been violated in this case,” Libby’s lawyers argue. Most legal observers doubt the motion will be granted. Former independent counsel Scott Fredericksen, who investigated Reagan-era scandals at the Department of Housing and Urban Development, says, “I think it’s a nice try, but I don’t give it much chance of success.” Legal experts say the Supreme Court ruled against a similar claim in 1998, in Morrison v. Olson. Government regulations clearly give the Justice Department the authority to appoint a special counsel when conflicts of interest within the department, or within the White House, make the normal procedures questionable. “The regulations that created the special counsel are safe from attack,” Fredericksen says. [Associated Press, 2/23/2006; US District Court for the District of Columbia, 2/23/2006 ; Washington Post, 2/24/2006]
In a court hearing, special counsel Patrick Fitzgerald argues that Valerie Plame Wilson’s identity as a covert CIA official (see Fall 1992 - 1996) is irrelevant to the perjury charges pending against former White House official Lewis Libby (see October 28, 2005). “We’re trying a perjury case,” Fitzgerald tells Judge Reggie Walton. Even if Plame Wilson had never worked for the CIA at all, Fitzgerald continues, even if she had been simply mistaken for a CIA agent, the charges against Libby would still stand. Furthermore, Fitzgerald tells Walton, he does not intend to offer “any proof of actual damage” caused by the disclosure of Plame Wilson’s identity. Libby’s defense lawyer Theodore Wells objects to Fitzgerald’s statement, saying that in the actual trial, Fitzgerald will likely tell the jury that the leak of Plame Wilson’s identity either damaged or could have damaged the CIA’s ability to gather critical intelligence (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, and February 13, 2006). Wells says he may call either Plame Wilson, her husband Joseph Wilson (see February 21, 2002-March 4, 2002), or both to testify in the case, as well as CIA employees. “I might call Ms. Wilson” to testify, he says. “I might call her husband. There are going to be CIA employees as witnesses in this.… Was she just classified because some bureaucracy didn’t declassify her five years ago when they should have?” Wells asks if Plame Wilson may have been “classified based on a piece of paper.” One anonymous source tells a National Review columnist: “She was definitely undercover by agency standards at the time in question. That was a classified bit of information, and is sufficient as far as the agency is concerned to bring it to the attention of the Justice Department. You can argue whether she should have been, but as far as the agency was concerned it was classified.” [National Review, 2/27/2006] In his statement to the court, Fitzgerald notes: “[T]he issue is whether [Libby] knowingly lied or not. And if there is information about actual damage, whatever was caused or not caused that isn’t in his mind, it is not a defense. If she turned out to be a postal driver mistaken for a CIA employee, it’s not a defense if you lie in a grand jury under oath about what you said and you told people, ‘I didn’t know he had a wife.’ That is what this case is about. It is about perjury, if he knowingly lied or not.” [Truthout (.org), 3/18/2006]
The New York Sun prints an editorial supporting the motion by Lewis Libby to dismiss all charges against him (see February 23, 2006). The Sun agrees with the defense lawyers’ argument that special counsel Patrick Fitzgerald was appointed illictly by the Department of Justice, and calls him “an illegal, extra-constitutional prosecutor.” The Sun cites a statement made by Alexander Hamilton in the Federalist Papers, and a letter written by Roger Sherman, a signer of the Declaration of Independence, opposing the power of the executive branch to appoint officials without Congressional approval. Fitzgerald operates “unchecked,” the Sun states, and entirely outside the law. The Sun also renews its call (see December 8, 2005) for its readers to donate to the Libby defense fund (see February 21, 2006). [New York Sun, 2/24/2006]
Judge Reggie Walton rules that the defense team for indicted former White House official Lewis Libby (see October 28, 2005) will be provided copies of notes Libby took in 2003 and 2004, while he served as chief of staff to Vice President Dick Cheney. Libby’s lawyers have argued that their client needs these notes to prove that he did not lie to federal investigators about his involvement in the leak of covert CIA official Valerie Plame Wilson’s identity (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). Walton puts off a decision as to whether Libby can have copies of other materials, including copies of the highly classified Presidential Daily Briefs (PDBs—see January 31, 2006). Walton writes that he fears Libby’s request may “sabotage” the case because he expects President Bush to invoke executive privilege and refuse to turn over the PDBs. “The vice president—his boss—said these are the family jewels,” Walton notes, referring to previous descriptions of the PDBs by Cheney. “If the executive branch says, ‘This is too important to the welfare of the nation and we’re not going to comply,’ the criminal prosecution goes away.” Walton also denies a defense request to stop special counsel Patrick Fitzgerald from filing information for Walton’s review, such as strategy memos and classified information Fitzgerald wants withheld from Libby’s lawyers. Walton says he needs to see what Fitzgerald is withholding from the defense to ensure the prosecutor is making the correct call. [Jurist, 2/25/2006; Associated Press, 2/27/2006]
US District Judge Reggie Walton, presiding over the perjury and obstruction of justice trial of former White House aide Lewis “Scooter” Libby, rules that Libby is not entitled to know the identity of an anonymous administration official who revealed information about undercover CIA agent Valerie Plame Wilson to journalists. Walton rules that special counsel Patrick Fitzgerald can keep the other government official’s identity secret because that person has not been charged with a crime and has a right to privacy. [US District Court for the District of Columbia, 2/24/2006 ; Associated Press, 2/27/2006; Washington Post, 7/3/2007] It later becomes evident that Walton is protecting the identity of former Deputy Secretary of State Richard Armitage (see June 13, 2003, July 8, 2003, and March 14, 2006). In related filings, Libby’s lawyers continue to press for the release of classified documents, citing them as necessary for Libby’s “memory defense” (see January 31, 2006). [US District Court for the District of Columbia, 2/23/2006 ; US District Court for the District of Columbia, 2/24/2006 ]
Slate editor John Dickerson, who played a small role in the Valerie Plame Wilson identity leak (see February 7, 2006), writes about the recently launched Lewis Libby defense fund’s Web site created to help raise money for Libby’s defense (see After October 28, 2005 and February 21, 2006). Far from looking like the Web site of an indicted criminal, Dickerson writes, the site’s design makes it seem as if Libby is running for elected office. He is shown with Afghan President Hamid Karzai, while “[o]ther snapshots portray him in soft focus and at oblique angles, the kinds of images candidates use to make themselves look more huggable. Fortunately, Libby’s Web designers didn’t stoop to showing him with dogs and children.”
The 'Soft Sell' - Dickerson says the site is attempting to portray Libby to the American people as a likeable, honest person whose years of public service have left him open to unfair and unwarranted criminal charges. The site claims that Libby has virtually no money with which to fight those charges, and is basically relying on the generosity of the public to help him fight the government. The site does not focus as strongly on the array of powerful Washington Republicans lined up to help Libby raise money, particularly the large number of star fundraisers who raised large amounts of money for the Bush-Cheney presidential campaigns. However, the site notes, the Libby defense fund will not publicly release the names of donors to the fund. The site does focus on what Dickerson calls “the soft Scooter sell.” It intends to “clean… up his image for the public, the press, and potential jurors. The Web site offers a page titled ‘What You Aren’t Hearing,’ with testimonials lined up like movie blurbs.”
Possible Defense Strategy - And, Dickerson writes, the site offers hints as to what Libby’s defense strategy might be.
If the site is accurate, the defense team intends to portray Libby as “a good guy” who, as former Republican congressman Vin Weber says in a testimonial, “is a tough, honorable, honest guy.” He has spent his adult life in “selfless,” and apparently almost penniless, service to his country, fighting for the American people and battling terrorism and other national security threats with every waking breath. He is a “perfectionist,” says former Deputy Defense Secretary Paul Wolfowitz.
Libby just forgot about his knowledge of Plame Wilson’s CIA status, the site emphasizes, because he was too busy serving his country (see January 31, 2006). Former Bush Legislative Affairs Director Nick Calio is quoted as saying: “There are a lot of things that I don’t remember. I go through notes sometimes now and say I don’t even remember being in the meeting, let alone, you know, having said what I said.” Former Bush Solicitor General Theodore Olson adds, “From personal experience as a former public official who has been investigated by a special prosecutor, I know how easy it is not to be able to remember details of seemingly insignificant conversations.”
Dickerson notes that the two arguments are somewhat contradictory. He writes, “Libby’s site has a hard time, because it simultaneously is trying to argue that a) he was likely to forget the Plame episodes and b) he was hypercompetent.”
The site also spends a large amount of time and bandwidth attacking special counsel Patrick Fitzgerald. Seven of the 19 perspectives on Libby are criticisms of Fitzgerald, such as a statement by former Deputy Attorney General Victoria Toensing (see November 3, 2005) that the special counsel “has been investigating a very simple factual scenario and he’s missed this crucial fact.” [Slate, 2/27/2006] Toensing will engage in further criticism of Fitzgerald and the criminal case against Libby in op-eds (see February 18, 2007, February 18, 2007, and March 16, 2007).
Special counsel Patrick Fitzgerald files a motion with the court in the Lewis Libby perjury trial to deny the Libby team’s request for a wide array of documents (see February 27, 2006). Almost all of the filing is redacted before its release to the public, but it apparently specifies the documents Fitzgerald is opposed to collecting and releasing. [US District Court for the District of Columbia, 3/1/2009 ]
The CIA refuses to release a raft of classified agency documents requested by the Lewis Libby defense team (see January 31, 2006 and February 27, 2006). Meeting the Libby team’s request, CIA spokeswoman Marilyn Dorn says in a court filing, would “impose an enormous burden” and divert CIA analysts from more important tasks. To compile and provide those documents, Dorn says, would take around nine months. Libby’s lawyers say the CIA is exaggerating the difficulty of finding and releasing the documents, calling the argument “astonishing,” but also scale back their requests in hopes that Judge Reggie Walton will compel the agency to comply with the document demands. Some of the information originally requested includes CIA copies of the Presidential Daily Briefings (PDBs) from an 11-month period in 2003 and 2004. Special counsel Patrick Fitzgerald has accused the Libby team of engaging in “graymail” (see (February 16, 2006)), demanding unobtainable classified government documents in order to shut down the prosecution. Libby’s team has called that accusation “not only false but insulting” (see February 6, 2006). Libby’s lawyers now say they will be satisfied with the PDBs provided to Vice President Dick Cheney. [US District Court for the District of Columbia, 3/2/2006 ; US District Court for the District of Columbia, 3/7/2006 ; Washington Post, 3/8/2006]
The Libby defense team files a motion asking the court to disallow the prosecution to present classified information to Judge Reggie Walton without the defense’s presence. Special counsel Patrick Fitzgerald intends to argue that certain classified information is not pertinent to the defense of accused perjurer Lewis Libby, and wants to share that information with Walton, but not with Libby’s lawyers. Fitzgerald has argued that the information must be kept secret in order to protect national security, an argument that Libby’s lawyers say “rings hollow.” They tout Libby, who leaked classified information to reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003), as someone who “has diligently protected some of this country’s most sensitive secrets throughout his many years of public service.” Fitzgerald has noted that an underlying criminal charge against Libby is the failure to adequately safeguard sensitive classified information. Walton has already ordered the government to turn over some classified information to the defense (see March 10, 2006). [Associated Press, 3/15/2006; US District Court for the District of Columbia, 3/15/2006 ] Former state prosecutor Christy Hardin Smith observes that Libby has already violated his nondisclosure agreement against revealing classified information, and writes: “By breaking the law and releasing sensitive national security information, Scooter Libby forfeited his privilege of clearance—any presumption that he had the integrity to protect the nation’s secrets is gone. He is being treated like any other defendant in this situation—and who he worked for and how high his friends go in the government ought not matter one whit.” [Christy Hardin Smith, 3/16/2006]
The Lewis Libby defense team accuses special counsel Patrick Fitzgerald of changing and narrowing his original broadly worded investigative mandate (see December 30, 2003) in order to avoid having his case against Libby dismissed. In a court filing, Libby’s team accuses Fitzgerald and the former Justice Department official who appointed him, James Comey, of rewriting Fitzgerald’s original mandate. According to Libby’s lawyers, the original mandate of what they call “unsupervised and undirected power” requires that Fitzgerald be relieved of his duties and all the results of his investigation, including any evidence of wrongdoing, be voided. “The government attempts to salvage the appointment by submitting two affidavits recently prepared by Mr. Comey and Mr. Fitzgerald, claiming that their previously undisclosed, subjective understanding of the appointment was narrower,” Libby’s lawyers write, apparently referring to Fitzgerald’s recent assertion that the Libby prosecution is about perjury and obstruction of justice, not about the leak of former CIA official Valerie Plame Wilson’s covert agency status. “Mr. Comey now asserts that ‘it was my intention that the special counsel would follow substantive department policies’ in exercising that authority,” the lawyers note, not to follow what they say was Fitzgerald’s unrestricted investigation that, they allege, violated Justice Department policies. The lawyers also reiterate their claim that Fitzgerald’s appointment is unconstitutional because he should have been appointed by Congress, not the Justice Department (see February 23, 2006). [US District Court for the District of Columbia, 3/31/2006 ; Associated Press, 4/1/2006; Associated Press, 4/1/2006] Judge Reggie Walton will refuse to dismiss the charges (see April 26, 2006).
Special counsel Patrick Fitzgerald responds to the Lewis Libby defense team’s third motion to compel the discovery of a huge number of classified documents (see March 17, 2006), including Presidential Daily Briefings, the October 2002 National Intelligence Estimate on Iraq (see October 1, 2002), and a raft of CIA documents. Judge Reggie Walton has already allowed the discovery of some of the requested documents (see March 10, 2006). Fitzgerald writes that Libby is seeking “nearly every document generated by four large executive branch entities relating to Ambassador Joseph Wilson’s trip to Niger” (see February 21, 2002-March 4, 2002), and notes that such a request is overly broad, unnecessary for a perjury defense, and relies on an incorrect reading of the law. The request, Fitzgerald writes, “is premised on relevance arguments which overlook the fact that defendant is charged with perjury, not a conspiracy to commit various other crimes.” Hence the requsted documents go “far beyond the scope of what is relevant to the charges contained in the indictment.” [US District Court for the District of Columbia, 4/5/2006 ; New York Sun, 4/7/2006]
Special prosecutor Patrick Fitzgerald files a brief with the court that states unequivocally that the White House orchestrated an attempt to besmirch the character and integrity of former ambassador Joseph Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, and October 1, 2003). The New York Times describes Wilson as “the man who emerged as the most damaging critic of the administration’s case that Saddam Hussein was seeking to build nuclear weapons.”
Bush, Cheney at Heart of Smear Campaign - Fitzgerald’s court filing places President Bush and Vice President Dick Cheney directly at the center of the controversy, which erupted when conservative columnist Robert Novak used information from White House sources to “out” Wilson’s wife, Valerie Plame Wilson, as a covert CIA agent (see July 14, 2003). According to Fitzgerald, the White House engaged in “a plan to discredit, punish, or seek revenge against Mr. Wilson.” The filing concludes, “It is hard to conceive of what evidence there could be that would disprove the existence of White House efforts to ‘punish Wilson.’” Fitzgerald’s portrait of events is at odds with the Bush administration’s narrative, which attempts to portray Wilson as a minor figure whose criticism of the Iraq invasion comes from his personal and political agenda. Fitzgerald is preparing to turn over to the defense lawyers for Lewis Libby some 1,400 pages of handwritten notes—some presumably by Libby himself—that should bolster Fitzgerald’s assertion. Fitzgerald will file papers in support of his assertion that Bush ordered the selective disclosure of parts of the October 2002 National Intelligence Estimate (see October 1, 2002) as part of the White House’s attempt to discredit Wilson.
Fitzgerald: Cheney Headed Campaign - Fitzgerald views Cheney, not Bush, as being at what the Times calls “the epicenter of concern about Mr. Wilson.” Fitzgerald notes that Wilson’s op-ed in the New York Times (see July 6, 2003) “was viewed in the Office of the Vice President as a direct attack on the credibility of the vice president (and the president) on a matter of signal importance: the rationale for the war in Iraq.… Disclosing the belief that Mr. Wilson’s wife sent him on the Niger trip was one way for defendant to contradict the assertion that the vice president had done so, while at the same time undercutting Mr. Wilson’s credibility if Mr. Wilson were perceived to have received the assignment on account of nepotism.” Neither Bush’s then-National Security Adviser, Condoleezza Rice, nor Rice’s deputy and eventual successor, Stephen Hadley, knew of the information declassification, Libby indicates. [US District Court for the District of Columbia, 4/5/2006 ; Los Angeles Times, 4/7/2006; New York Times, 4/11/2006; National Journal, 6/14/2006; Washington Post, 7/3/2007]
Bush Authorized Leak of Classified Intelligence - Fitzgerald’s filing also states that, according to Libby’s earlier testimony (see March 5, 2004 and March 24, 2004), Bush directly authorized the leak of classified intelligence to reporters as part of the Wilson smear campaign (see April 5, 2006).
Democrats Dismayed at Allegations of Bush Involvement - Senator Frank Lautenberg (D-NJ) says: “After the CIA leak controversy broke three years ago, President Bush said, ‘I’d like to know if somebody in my White House did leak sensitive information.’ Now we find out that the president himself was ordering leaks of classified information.… It’s time for the president to come clean with the American people.” And in a letter to Bush, Representative Henry Waxman (D-CA), the ranking minority member of the House Oversight Committee, writes in part, “Two recent revelations raise grave new questions about whether you, the vice president and your top advisors have engaged in a systematic abuse of the national security classification process for political purposes.” [Los Angeles Times, 4/7/2006]
Entity Tags: Frank R. Lautenberg, George W. Bush, Lewis (“Scooter”) Libby, Condoleezza Rice, Bush administration (43), Office of the Vice President, Joseph C. Wilson, Patrick J. Fitzgerald, Henry A. Waxman, Richard (“Dick”) Cheney, Valerie Plame Wilson, Stephen J. Hadley
Timeline Tags: Niger Uranium and Plame Outing
Lewis “Scooter” Libby, indicted on charges of conspiracy and obstruction of justice in the investigation of the Valerie Plame Wilson identity leak (see October 28, 2005), testified two years ago that President Bush authorized him to selectively disclose information from the October 2002 National Intelligence Estimate in order to defend the administration’s decision to go to war with Iraq, according to papers filed with the court by special prosecutor Patrick Fitzgerald. Libby’s testimony, to Fitzgerald’s grand jury (see March 5, 2004 and March 24, 2004), has remained secret until now. According to the testimony, Libby received “approval from the president through the vice president” to divulge portions of a National Intelligence Estimate (NIE—see October 1, 2002) regarding Saddam Hussein’s purported efforts to develop nuclear weapons to certain reporters. Libby testified that Vice President Dick Cheney authorized him to divulge the key judgments from the NIE to New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and Time reporter Matthew Cooper (see 2:24 p.m. July 12, 2003) because, in Cheney’s opinion, it was “very important” to do so. [US District Court for the District of Columbia, 4/5/2006 ; National Journal, 4/6/2006; Washington Post, 4/13/2006] (A week later, Fitzgerald will modify his filing to read, “some of the key judgments.” The New York Times will report, “The distinction between the two versions is that the second accurately stated that the finding about Iraq’s efforts to obtain uranium was in the report, but was not among its ‘key judgments,’ a term used in intelligence reporting to indicate that a stated conclusion represents the consensus of intelligence agencies.”) [Washington Post, 4/12/2006; New York Times, 4/13/2006] According to the filing: “Defendant testified that the vice president later advised him [Libby] that the president had authorized defendant to disclose the relevant portions of the NIE. Defendant testified that he also spoke to David Addington, then counsel to the vice president, whom defendant considered to be an expert in national security law, and Mr. Addington opined that presidential authorization to publicly disclose a document amounted to a declassification of the document” (see July 8, 2003). [US District Court for the District of Columbia, 4/5/2006 ; Think Progress, 4/6/2006]
Bush Declassified Information for Purposes of Leaking - According to the court papers, Libby “further testified 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. [Libby] testified that the vice president had advised [Libby] that the president had authorized [Libby] to disclose relevant portions of the NIE.” Libby testified that such presidential authorization to reveal classified information was “unique in his recollection.” He testified that Cheney specifically had him “speak to the press in place of Cathie Martin [the then-communications director for Cheney] regarding the NIE and Wilson.” Libby added that “at the time of his conversations with Miller and Cooper, he understood that only three people—the president, the vice president, and [Libby]—knew that the key judgments of the NIE had been declassified.” Libby said that Cheney’s senior lawyer, Addington, told him that Bush had, by authorizing the disclosure, effectively declassified the information, a point that legal experts continue to dispute. Since then, Libby has told reporters that Cheney also authorized him to leak classified information to several reporters in the weeks and months before the Iraqi invasion. [US District Court for the District of Columbia, 4/5/2006 ; National Journal, 4/6/2006]
Providing Classified Information to Woodward - Libby also testified that Bush authorized him to provide classified information to author and reporter Bob Woodward. Woodward was working on his book about the administration’s run-up to war with Iraq, Plan of Attack. According to other former senior government officials, Bush directed several White House officials to assist Woodward in preparing the book. One government official says, “There were people on the seventh floor [of the CIA] who were told by [then-CIA Director George] Tenet to cooperate because the president wanted it done. There were calls to people to by [White House communication director] Dan Bartlett that the president wanted it done, if you were not co-operating. And sometimes the president himself told people that they should co-operate.” According to some former officials, the White House provided Woodward with selected information in order to shape the course of his writing. [US District Court for the District of Columbia, 4/5/2006 ; National Journal, 4/6/2006]
Entity Tags: David S. Addington, Matthew Cooper, George J. Tenet, George W. Bush, Dan Bartlett, Judith Miller, Richard (“Dick”) Cheney, Patrick J. Fitzgerald, Central Intelligence Agency, Lewis (“Scooter”) Libby, Bob Woodward, Valerie Plame Wilson
Timeline Tags: Niger Uranium and Plame Outing
In an editorial, the New York Sun writes that special counsel Patrick Fitzgerald seems to believe that he is the government, accountable to no one but himself. The Sun bases this claim on what it calls a “brazen” attempt to deny the Lewis Libby defense team its request for a large number of highly classified documents (see April 5, 2006). The Sun terms Fitzgerald “breathtakingly arrogant for a prosecutor who has pointedly not limited his charges to the indictment,” and reminds its readers that Fitzgerald told the nation that the Libby perjury case involved “compromising national security information” (see October 28, 2005). [New York Sun, 4/7/2006]
On Fox News, neoconservative spokesman William Kristol accuses special counsel Patrick Fitzgerald of attempting to besmirch and discredit the White House. Kristol says: “The [Valerie Plame Wilson] leak story is absurd, but I now think the whole prosecution is absurd. I now think it’s a politically motivated attempt to wound the Bush administration.… He is now out to discredit the Bush administration.” [Jane Hamsher, 4/9/2006]
The Washington Post’s editorial staff, led by editor Fred Hiatt, pens an op-ed defending President Bush’s decision to selectively leak classified information (see June 19 or 20, 2003, June 27, 2003, July 2, 2003, July 6-10, 2003, 7:35 a.m. July 8, 2003, July 10, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, Late Afternoon, July 12, 2003, July 14 or 15, 2003, and July 17, 2003) from a 2002 National Intelligence Estimate on Iraq (NIE—see October 1, 2002). Apparently the editorial is in response to recent information from special counsel Patrick Fitzgerald that shows Bush and Vice President Dick Cheney deliberately released selected classified information to manipulate public perceptions about the Iraq war (see April 5, 2006, and April 9, 2006). The Post says that a sitting president has the authority to declassify classified information, and Bush did so “in order to make clear why he had believed that Saddam Hussein was seeking nuclear weapons.” It calls the leaking of the information to a variety of press sources “clumsy,” and says the handling of the information exposed Bush “to the hyperbolic charges of misconduct and hypocrisy that Democrats are leveling.” The Post says that nothing was illegal or untoward about Cheney’s method of releasing the information—authorizing his chief of staff, Lewis Libby, to leak the information to New York Times reporter Judith Miller—instead of the usual methodology of officially declassifying the information and then sharing it with the press in a briefing. But Cheney’s actions, the Post says, made “Bush look foolish” when he “subsequently denounced a different leak in the same controversy and vow[ed] to ‘get to the bottom’ of it.” The Post turns its focus onto former ambassador Joseph Wilson, accusing him of lying about his conclusions that Niger had not attempted to sell Iraq any uranium (see July 6, 2003), and saying that the White House made no attempts to smear or discredit him (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). The Post also reiterates the disproven claim that Wilson was sent to Niger by his wife, outed CIA official Valerie Plame Wilson (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). [Washington Post, 4/9/2006]
Similar Editorials from Three Other Publications - The New York Post, National Review, and Wall Street Journal ran very similar editorials in the days before the Washington Post editorial. [New York Post, 4/7/2006; National Review, 4/8/2006; Wall Street Journal, 4/8/2006]
Post News Report Contradicts Editorial - The same day that the Post publishes the editorial, it also prints an article by veteran reporters Barton Gellman and Dafna Linzer that documents an extensive White House effort to besmirch Wilson’s credibility. The reporters write: “Fitzgerald wrote that Cheney and his aides saw Wilson as a threat to ‘the credibility of the vice president (and the president) on a matter of signal importance: the rationale for the war in Iraq.’ They decided to respond by implying that Wilson got his CIA assignment by ‘nepotism.’” [Washington Post, 4/9/2006]
'BushCo Propaganda' - Author and film producer Jane Hamsher, who runs the liberal blog FireDogLake, calls the Post editorial “an unmitigated piece of BushCo. propaganda” and devotes a considerable amount of space to challenging the editorial’s assertions. [Jane Hamsher, 4/9/2006]
Entity Tags: Judith Miller, George W. Bush, Fred Hiatt, Dafna Linzer, Barton Gellman, Joseph C. Wilson, Washington Post, Richard (“Dick”) Cheney, Patrick J. Fitzgerald, Jane Hamsher, National Review, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Wall Street Journal, New York Post
Timeline Tags: Niger Uranium and Plame Outing
Special counsel Patrick Fitzgerald accuses “multiple people in the White House” of engaging in a “concerted action” to smear the character of war critic Joseph Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, and April 5, 2006), using classified information (see April 5, 2006) to do so. Fitzgerald places Vice President Dick Cheney at the heart of the smear campaign. He uses grand jury testimony from Cheney’s former chief of staff, Lewis Libby (see March 5, 2004 and March 24, 2004), to substantiate his charges. Libby’s efforts to spread false rumors via classified information include his June 2003 meeting with Washington Post reporter Bob Woodward (see June 27, 2003), his two conversations with New York Times reporter Judith Miller (see 8:30 a.m. July 8, 2003 and Late Afternoon, July 12, 2003), and his conversation with Time reporter Matthew Cooper (see 2:24 p.m. July 12, 2003). Fitzgerald says that White House officials besides Cheney, Libby, and White House political strategist Karl Rove are involved in the Wilson smear campaign. According to Fitzgerald, the grand jury has collected so much testimony and so many documents that “it is hard to conceive of what evidence there could be that would disprove the existence of White House efforts to ‘punish’ Wilson.” [Washington Post, 4/9/2006]
At a speech before an audience of students at Johns Hopkins University in Washington, President Bush attempts to dodge a question from a student about special prosecutor Patrick Fitzgerald’s assertion that Bush’s White House had sought to retaliate against former ambassador Joseph Wilson (see April 5, 2006). The New York Times observes: “Mr. Bush stumbled as he began his response before settling on an answer that sidestepped the question. He said he had ordered the formal declassification of the 2002 National Intelligence Estimate on Iraq in July 2003 because ‘it was important for people to get a better sense for why I was saying what I was saying in my speeches’ about Iraq’s efforts to reconstitute its weapons program. Mr. Bush said nothing about the earlier, informal authorization that Mr. Fitzgerald’s court filing revealed.” Bush concludes: “You’re just going to have to let Mr. Fitzgerald complete his case, and I hope you understand that. It’s a serious legal matter that we’ve got to be careful in making public statements about it.” [New York Times, 4/11/2006]
The Chicago Tribune editorial staff pens an op-ed calling on Vice President Dick Cheney to answer for his role in “the surreptitious disclosure of classified information related to the war in Iraq,” and, it adds, “not in the friendly venue of Fox News.” The editorial is apparently sparked by recent information from special counsel Patrick Fitzgerald that shows Cheney and President Bush deliberately released selected classified information to manipulate public perceptions about the war (see April 5, 2006, and April 9, 2006). The Tribune says that Cheney should hold “an unscripted news conference in which the vice president confronts all the questions that have been raised,” and notes, “For him to remain silent amid the current turmoil suggests that he—or the president—has something to hide.” [Chicago Tribune, 4/11/2006]
Lewis Libby’s defense team files a response to special counsel Patrick Fitzgerald’s rejection of its demands for more classified documents (see April 5, 2006).
Defense Lawyers Intend to Subpoena Wilson, White House Officials - In the filing, Libby’s lawyers indicate that they intend to call for testimony a number of people involved in the Plame Wilson leak, including former ambassador Joseph Wilson (see February 21, 2002-March 4, 2002 and July 6, 2003), White House political strategist Karl Rove (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003), State Department official Marc Grossman (see June 10, 2003), former White House press secretary Ari Fleischer (see July 7, 2003, 8:00 a.m. July 11, 2003, and 1:26 p.m. July 12, 2003), and former CIA Director George Tenet (see June 11 or 12, 2003, July 11, 2003 and 3:09 p.m. July 11, 2003). The defense would consider Wilson a “hostile witness” if they indeed subpoena his testimony. Many of these potential witnesses were also disclosed by the Libby team a month earlier (see March 17, 2006).
Limiting Document Requests - The defense also agrees to limit its future document requests “to documents that are currently in the actual possession of the OSC [Office of Special Counsel] or which the OSC knows to exist.”
Libby Claims No Memory of Key Conversation - Libby’s lawyers also assert that Libby remembers nothing of conversations he had with Grossman, in which Grossman has testified that he told Libby of Valerie Plame Wilson’s CIA status (see May 29, 2003, June 10, 2003, 12:00 p.m. June 11, 2003, and October 17, 2003). [US District Court for the District of Columbia, 4/12/2006 ; Truthout (.org), 4/14/2006] However, sources close to the case say that “a half-dozen witnesses” have testified as to the accuracy of Grossman’s claims. A former State Department colleague of Grossman’s says: “It’s not just Mr. Grossman’s word against Mr. Libby’s. There were other people present at the meeting at the time when Mr. Grossman provided Mr. Libby with details about Ms. Plame’s employment with the agency. There is an abundance of evidence Mr. Fitzgerald has that will prove this.” Investigative reporter Jason Leopold observes: “The meeting between Libby and Grossman is a crucial part of the government’s case against Libby. It demonstrates that Libby knew about Plame Wilson a month or so before her name was published in a newspaper column and proves that Libby lied to the grand jury when he testified that he found out about Plame Wilson from reporters in July 2003.” [Truthout (.org), 4/14/2006]
The Washington Post publishes a report that reveals special counsel Patrick Fitzgerald corrected an earlier statement he made in an April 11, 2006 court filing. On April 5, 2006, Fitzgerald wrote that indicted felon and former White House aide Lewis Libby had, during his 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), misrepresented the significance placed by the CIA on allegations that Iraq had attempted to purchase uranium from Niger. According to Fitzgerald’s original filing, Libby called the CIA finding a “key judgment” from the October 2002 National Intelligence Estimate (see October 1, 2002). The term “key judgment” indicates that the entire US intelligence community concurred with the finding. The assertion was not part of the NIE’s “key judgments,” and was found later in the document. Yesterday, Fitzgerald wrote to Judge Reggie Walton that he wanted to “correct” the sentence that dealt with the issue. That sentence said Libby “was to tell Miller, among other things, that a key judgment of the NIE held that Iraq was ‘vigorously trying to procure’ uranium.” Instead, the sentence should have conveyed that Libby was to tell Miller some of the key judgments of the NIE “and that the NIE stated that Iraq was ‘vigorously trying to procure’ uranium.” [Washington Post, 4/12/2006] Post reporter Dafna Linzer does not reveal that her knowledge of the Fitzgerald correction comes from information improperly leaked by Libby’s defense lawyers (see April 21, 2006). A column attacking Fitzgerald, written by Byron York and published by the National Review, is also based on the information leaked by Libby’s lawyers, as is a news report by the New York Sun’s Josh Gerstein. [New York Sun, 4/12/2006; National Review, 4/13/2006; Jane Hamsher, 4/21/2006]
Lawyers for indicted White House official Lewis “Scooter” Libby tell reporters that their client did not testify that either President Bush or Vice President Dick Cheney authorized him to disclose the identify of then-CIA agent Valerie Plame Wilson to reporters. After recent court filings by special prosecutor Patrick Fitzgerald revealed that Libby had testified about being authorized to disclose classified information to reporters by Bush and Cheney (see April 5, 2006), many reporters, pundits, and Internet bloggers have speculated that Libby was authorized by Bush and Cheney to reveal Plame Wilson’s identity. Libby’s lawyers say he never mentioned Plame Wilson’s name in conversations with reporters, and therefore never took part in a campaign to besmirch the reputation of her husband, former ambassador Joseph Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). The assertion is contradicted by several reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). Fitzgerald has asserted that Libby revealed Plame Wilson’s identity as a covert CIA agent in order to allege that she sent her husband to Niger to debunk the tales of Iraqi attempts to buy Nigerien uranium “on account of nepotism” (see April 5, 2006). [Washington Post, 4/13/2006]
Judge Reggie Walton threatens to issue a gag order regarding any further material given to the court for the Lewis Libby trial. He warns that lawyers involved in the trial—he does not name which lawyers—have “repeatedly” given information to the press involving material not yet made public. “This court has previously cautioned the parties about making extrajudicial statements and warned that the court would not tolerate this case being tried in the media,” Walton writes. “Despite this court’s prior admonition, it appears that on several occasions information has been disseminated to the press by counsel, which has included not only public statements, but also the dissemination of material that had not been filed on the public docket. The dissemination of such statements and material undoubtedly has the potential to ‘interfere with a fair trial or otherwise prejudice the due administration of justice.’” Criminal defense lawyer Jeralyn Merritt, who covers the Libby case closely on the progressive blog TalkLeft, writes, “I assume this has to do with the [press] writing about Fitzgerald’s letter of correction the night before it was filed” (see April 5, 2006). Merritt adds: “For the record, I have had no contact whatsoever with the Libby defense team or anyone connected to the case or the investigation. When I wrote about the correction letter, my source was the Washington Post.” [US District Court for the District of Columbia, 4/13/2006 ; Jeralyn Merritt, 4/13/2006] Eight days later, the Libby lawyers will admit to leaking information to the press (see April 21, 2006).
Slate reporter John Dickerson, who, as a member of the White House press corps, was cozened by the White House to join in its smear campaign against war critic Joseph Wilson (see July 11, 2003), tells his readers to donate to the Lewis Libby legal defense fund. Libby is facing perjury and obstruction charges over his participation in the White House-orchestrated exposure of CIA officer Valerie Plame Wilson. Dickerson claims that his solicitation for donations for Libby is motivated by a desire for the truth to come out about the White House’s involvement in the Wilson smear campaign and the Plame Wilson exposure, writing: “Usually the public has to wait for the tell-all books published after a president leaves office for juicy depictions of the infighting, back-stabbing, and pettiness. But Libby’s trial, which starts in January, will offer a sneak preview. There will be memos and meeting notes about the most secret administration activities. And since the testimony from current and former Bush officials will be under oath, it’s likely to be closer to the truth than anything we’d ultimately find at the bookstore. The Bush administration has been so opaque and has dissembled so often that we should embrace anything that forces candor about the past or encourages it in the present.” Moreover, Dickerson writes, “Libby might need a hefty defense fund if the administration decides to throw him under the bus,” and notes, “If things had not gone a certain way for John Dickerson, he could have needed a fund, too” (see February 7, 2006). Dickerson writes that special counsel and government prosecutor Patrick Fitzgerald is not, as yet, being particularly forthcoming about the evidence he is collecting as part of his upcoming prosecution of Libby. To adequately mount his defense, Libby needs more access to Fitzgerald’s documents than he has previously been granted, and is battling in court to convince Judge Reggie Walton to force the disclosure of a wide array of government documents, many of which are classified. Dickerson writes: “I hope Libby wins this battle. The more we know about what went on before and after the invasion of Iraq, the better. And we want to see it now, while everyone’s memory is fresh and people can be put under oath.… The better job Libby’s defense team does compelling Fitzgerald to open his files, the better we’ll understand what went wrong.” [Slate, 4/17/2006]
Lawyers for NBC News, the New York Times, Time magazine, and Time reporter Matt Cooper file motions to quash the Lewis Libby defense team’s subpoenas (see March 14, 2006). Lawyers for the Times argue that the newspaper “has a substantial First Amendment interest, and common law qualified privilege against compelled production of unpublished information of the kind sought by Libby.” Time magazine notes Libby’s argument that since he believed Valerie Plame Wilson’s CIA identity was well known within the Washington press corps, he needs to show that her employment was discussed by reporters in June and July 2003, when he was meeting with reporters. Time says that the Libby argument should not allow his lawyers to conduct a broad search for potentially helpful evidence. “Although Mr. Libby has claimed a right to know what information the press corps in general possessed concerning Mrs. Wilson’s affiliation with the CIA, under that theory he would be entitled to subpoena all reporters in Washington to learn what they knew, and when they knew it,” Time argues in its motion. “There is no stopping point to this approach.” Other lawyers for the news organizations call the Libby subpoenas “fishing expeditions.” NBC News argues that it has no documents that show that any network employee, including reporters Andrea Mitchell and Tim Russert, knew that Plame Wilson was employed by the CIA before her public exposure (see July 14, 2003). Through his lawyers, Cooper argues that the subpoena from Libby is “materially the same as the subpoena issued to Time Inc.” by special counsel Patrick Fitzgerald, and is “overbroad, unreasonable, and burdensome… and seeks information protected by the reporter’s privilege that exists under the First Amendment.” [US District Court for the District of Columbia, 4/18/2006 ; New York Times, 4/19/2006; Washington Post, 4/19/2006]
Progressive columnist, author, and blogger Arianna Huffington writes that the recent motions by the New York Times, Time magazine, and other news organizations to quash subpoenas issued by the Lewis Libby defense team (see April 18, 2006) raise more questions than the organizations may be willing to answer. Huffington says that lawyers for the New York Times and its reporter Judith Miller are correct in calling Libby’s subpoenas a “fishing expedition” and accusing the lawyers of casting an overly “wide net.” However, the Times motion, in conjunction with the original Libby subpoena (see March 14, 2006), reveals that Libby’s lawyers want to know more about the situation surrounding Miller’s July 2003 conversation with Libby, in which he divulged classified information to her in order to influence her reporting on Iraq (see 8:30 a.m. July 8, 2003). Specifically, Libby’s lawyers, as well as Huffington and others, want to know if Miller proposed writing a story based on Libby’s disclosures. As Huffington writes: “If she did pitch the story, which Times editor did she pitch it to? What was their reaction? Why did no story result? Had the editors become so suspect of Miller’s sources and reporting that they refused to sign off on the story? Was she officially barred from writing about Iraq/WMD?” Huffington observes that it is obvious the Libby team intends to impugn Miller’s integrity as a journalist, and writes that such a defense tactic “mak[es] it all the more important for the paper to stop operating behind a veil of secrecy when it comes to Miller.” Huffington also notes that Miller has spoken to Times in-house lawyer George Freeman and to Vanity Fair reporter Marie Brenner about Valerie Plame Wilson; Brenner wrote an article saying that Miller had talked to numerous government officials about Plame Wilson’s identity both before and after her outing by columnist Robert Novak (see July 14, 2003). [Huffington Post, 4/20/2006] Lawyer Jeralyn Merritt, writing for the progressive legal blog TalkLeft, notes that special counsel Patrick Fitzgerald is likely very interested in determining which government officials Miller may have spoken to about Plame Wilson, but goes on to write that Miller may have already disclosed that information to Fitzgerald. [Jeralyn Merritt, 4/20/2006]
Entity Tags: New York Times, Jeralyn Merritt, George Freeman, Arianna Huffington, Judith Miller, Marie Brenner, Patrick J. Fitzgerald, Time magazine, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Robert Novak
Timeline Tags: Niger Uranium and Plame Outing
William Jeffress, one of Libby’s lawyers. [Source: Life]The legal team for accused felon Lewis Libby admits to twice leaking information to the media (see April 12, 2006). The admissions are included in a filing submitted by Libby’s lawyers in response to Judge Reggie Walton’s threat to issue a gag order (see April 13, 2006). The threatened gag order was in response to multiple press leaks emanating from “unnamed sources” involved in the Libby trial. Libby’s lawyers oppose the proposed gag order, which would dramatically curtail the lawyers’ ability to speak to reporters about the legal proceedings; special prosecutor Patrick Fitzgerald says he has no opinion on a gag order because his office does not talk to the media anyway. Libby’s lawyers acknowledge leaking two documents: Fitzgerald’s “correction” letter to an earlier statement implying that Libby had mischaracterized some of the elements of the 2002 National Intelligence Estimate (see October 1, 2002) to reporter Judith Miller, and information given to a Washington Post reporter to correct what lawyer William Jeffress believed was a misunderstanding on that reporter’s part that might have resulted in erroneous information being reported.
First Leak - Libby’s lawyers say they released the Fitzgerald letter to the press “in good faith,” and do not believe the release goes against the court’s earlier restrictions on making information public. They write: “When we received the letter, we assumed that the government wanted to correct the public record. We thought the government was motivated to file the letter because the government had realized that the erroneous sentence in its brief was responsible for spawning false news reports and wholly unjustified conjecture about possible misdeeds by Mr. Libby and his superiors. Nothing about the letter indicated that it was not to be disclosed publicly. It was not designated as confidential under the protective order in this case, and it did not contain any
classified information.… When we received the letter, we simply assumed that it was a public filing that was intended to be entered in the public docket, because we believed its sole purpose was to correct inaccurate statements in a publicly filed brief. Accordingly, we swiftly disseminated it to the media—without any public statements by defense counsel—for the purpose of preventing the publication of any additional incorrect reports that Mr. Libby, the president, and/or the vice president had lied to the press and the public.” The lawyers deny releasing the letter for any “tactical advantage or for any other improper purpose.”
Second Leak - Jeffress spoke with one of two Washington Post reporters, R. Jeffrey Smith or Jim VandeHei. The reporter apparently misunderstood the content of an argument in an earlier legal brief, and called Libby’s legal team to discuss the brief. The reporter intended to file a report showing that Fitzgerald’s evidence undermined Libby’s contention that no one in the Bush White House was overly concerned with the criticisms of former ambassador Joseph Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). Jeffress’s intent, he tells Judge Walton, was merely to ensure that the Post published an accurate news report that did not misconstrue the legal brief. Again, Jeffress says that he intended to gain no “tactical advantage” or “to interfere with a fair trial or otherwise prejudice the due administration of justice.” He was, he asserts, merely concerned that such an inaccurate report “would have been unfairly prejudicial to Mr. Libby.”
Convincing Arguments? - Criminal lawyer Jeralyn Merritt, writing for the blog TalkLeft, says that she finds the rationales for the two leaks convincing, and doubts that Judge Walton will issue any gag order. [Jeralyn Merritt, 4/21/2006; US District Court for the District of Columbia, 4/21/2006 ; US District Court for the District of Columbia, 4/21/2006 ; US District Court for the District of Columbia, 4/21/2006 ]
Not the Only Press Leaks? - Author and blogger Marcy Wheeler, who has covered the trial since before it started, contends that Libby’s team is trying to imply that these two leaks are the only ones it has made. She strongly disagrees with this implication, and says that while there is no way to know what, if any, information the Libby team has leaked to the press besides these two incidents, the entire trial is about carefully orchestrated press leaks and Libby’s perjury about said leaks, and says she doubts the Libby team’s contention that they have not leaked other information to any members of the press. [Marcy Wheeler, 4/22/2006]
Entity Tags: Jeralyn Merritt, Jim VandeHei, Lewis (“Scooter”) Libby, Bush administration (43), Marcy Wheeler, Judith Miller, William Jeffress, Patrick J. Fitzgerald, Joseph C. Wilson, R. Jeffrey Smith, Washington Post, Reggie B. Walton
Timeline Tags: Niger Uranium and Plame Outing
Karl Rove discusses his testimony with his lawyers outside the grand jury chambers. [Source: CNN / ThinkProgress]White House deputy chief of staff Karl Rove testifies before special prosecutor Patrick Fitzgerald’s grand jury for a fifth time. Rove partially waives his attorney-client privilege with his attorney, Robert Luskin, to allow Luskin to testify about conversations he had with Rove concerning Rove’s knowledge of the leak of CIA agent Valerie Plame Wilson’s identity. Rove is also questioned extensively about the contradictions between his previous testimony and the testimony of Time reporter Matthew Cooper regarding Rove and Cooper’s July 2003 conversation about Plame Wilson (see 11:00 a.m. July 11, 2003), and his conversations with conservative columnist Robert Novak (see July 8, 2003, July 8 or 9, 2003, and July 14, 2003). [Washington Post, 4/27/2006; National Journal, 4/28/2006; Washington Post, 7/3/2007] According to Luskin, Rove “indirectly” confirmed Plame Wilson’s CIA status to Novak. [Washington Post, 7/15/2006]
Changing Stories - Rove is asked how he learned of Plame Wilson’s CIA status, and the circumstances surrounding his leaking of that information to Cooper. Rove tells the jury that when he told Cooper that Plame Wilson was a CIA agent, he was merely passing along unverified gossip. Cooper has testified that Rove told him that Plame Wilson was a CIA agent, and that she played a role in sending her husband, Joseph Wilson, on a fact-finding mission to Niger in 2002 (see February 21, 2002-March 4, 2002). Cooper has testified that both Rove and Lewis Libby, the former chief of staff for Vice President Dick Cheney, portrayed the information about Plame Wilson as definitive. It was because of their definitive statements, Cooper testified, that he identified Plame Wilson in a July 2003 story for Time (see July 17, 2003). In his first interview by the FBI, Rove failed to tell the investigators that he had talked to Cooper at all (see October 8, 2003); he again failed to disclose the conversation during his early appearances before the grand jury (see February 2004). Later, Rove testified that he did indeed speak with Cooper, and that his earlier failures to disclose the information were due to lapses in his memory (see October 15, 2004). In his fourth appearance before the grand jury, Rove testified that he revealed Plame Wilson’s identity to the reporter (see October 14, 2005), a recollection prompted by the discovery of an e-mail Rove sent to then-Deputy National Security Adviser Stephen Hadley soon after his leak to Cooper (see March 1, 2004). Rove has also testified that he learned of Plame Wilson’s CIA status from a journalist or journalists, a claim strongly contradicted by evidence. He has said in previous testimony that he may have learned of Plame Wilson’s identity from Novak, who outed Plame Wilson in a July 2003 column (see July 14, 2003). Novak, however, has testified that he learned of Plame Wilson’s identity from Libby and Rove. A person with first-hand knowledge of the grand jury proceedings will later comment, “If you believe both of them, Novak was saying that Rove was his source, and Rove was saying that Novak was his source.” [Washington Post, 4/27/2006; National Journal, 4/28/2006] Rove says that he still doesn’t remember talking to Cooper, though he does not dispute the e-mail he sent to Hadley. [Bloomberg, 4/28/2006] He argues that it would have been foolish for him to attempt to lie to the FBI and to the grand jury, because he knew that whatever lies he might have chosen to tell would have eventually been exposed, and he would then risk going to jail. [Washington Post, 4/27/2006] It is difficult to reconcile Rove’s “indirect” confirmation of Plame Wilson’s identity for Novak with his earlier claims that he learned of Plame Wilson’s CIA status from Novak.
Lawyer's Statement - Rove’s lawyer Robert Luskin says in a written statement: “Karl Rove appeared today before the grand jury investigating the disclosure of a CIA agent’s identity. He testified voluntarily and unconditionally at the request of special counsel Patrick Fitzgerald to explore a matter raised since Mr. Rove’s last appearance in October 2005 (see October 14, 2005). In connection with this appearance, the special counsel has advised Mr. Rove that he is not a target of the investigation. Mr. Fitzgerald has affirmed that he has made no decision concerning charges. At the request of the special counsel, Mr. Rove will not discuss the substance of his testimony.” [CNN, 4/26/2006; Washington Post, 4/27/2006]
Difficulties in Proving Intent - Law professor and former federal prosecutor Dan Richman says that while Fitzgerald may well be trying to build a case against Rove for either perjury or obstruction of justice, it may be quite difficult to prove Rove intended to lie to the grand jury. Rove’s subsequent appearances before the jury might “prove to be an obstacle to any [potential] obstruction or perjury case in that the person ultimately cooperated and told what he knew,” Richman says. [National Journal, 4/28/2006]
Judge Reggie Walton refuses to dismiss felony perjury and obstruction charges against former White House official Lewis Libby. Walton turns down a bid by Libby’s defense lawyers to have the charges dismissed on the grounds that special counsel Patrick Fitzgerald lacks the constitutional authority to bring any such charges (see March 31, 2006). Walton writes that he does not need to “look far” in the law to reject the claim, and affirms that the attorney general can indeed delegate his functions, as was done in the Fitzgerald appointment (see December 30, 2003). “There was no wholesale abdication of the attorney general’s duty to direct and supervise litigation,” he writes. “This case provides the clearest example of why such broad discretion is necessary,” Walton notes. “Here, the attorney general [John Ashcroft] believed there was a conflict of interest.… It was, therefore, entirely appropriate for the attorney general to remove himself completely from the investigation.” [Associated Press, 4/26/2006]
Judge Reggie Walton refuses to honor a motion filed by the Lewis Libby defense team regarding ex parte judicial review of classified documents. Libby’s lawyers opposed special counsel Patrick Fitzgerald’s attempt to have Walton review classified government documents without their being present. The procedure Fitzgerald has proposed is the same as mandated by the Classified Information Procedures Act of 1980 (CIPA). Libby’s lawyers wish Fitzgerald to have to apply separately through Walton for each classified document submitted for ex parte review. Walton agrees with Fitzgerald and CIPA. [US law.; Christy Hardin Smith, 5/3/2006]
Judge Reggie Walton holds a hearing to discuss numerous issues surrounding the upcoming Lewis Libby trial. One of the key areas of discussion is the involvement and expected testimony of White House political strategist Karl Rove (see July 8, 2003, July 8 or 9, 2003, 11:00 a.m. July 11, 2003, October 8, 2003, October 15, 2004, October 14, 2005, and April 26, 2006). The Libby defense team wants to compel the disclosure of a raft of classified White House and CIA documents concerning Rove’s actions in the Valerie Plame Wilson identity leak, but special counsel Patrick Fitzgerald, saying he does not intend to call Rove as a witness, is refusing to ask the White House for those documents (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)). Fitzgerald admits to being legally compelled to turn over any material he has on witnesses he intends to call, but will not agree to go after material regarding witnesses he does not intend to call, especially when that material may prove to be to the defense’s benefit. For Libby, lawyer Theodore Wells says he intends to call Rove as a witness, and he wants Fitzgerald to battle with the White House for documents pertaining to Rove’s involvement in the leak. Fitzgerald retorts, as he has before, that the material Wells and his team are asking for is not germane to a perjury defense. In the process, Wells falsely claims that a legal precedent exists for forcing a government prosecution to seek evidence the defense wants, and Walton is briefly taken in by his deception before learning that Wells is misrepresenting the case law. Fitzgerald says flatly: “I’m responsible for the government’s case… and turning over my obligations. I am not responsible for preparing the defense case. And the case law, and Your Honor cited it. It is material defined by the indictment and the government’s case in chief. You just can’t say I’m going to call 20 witnesses so give me everything about them. We then would have effectively open-file discovery or beyond that and I don’t agree with that reading of the law.” The conversation, especially on Fitzgerald’s part, is circumspect, with all parties well aware that the hearing is being held in open court. However, Walton is somewhat testy with Wells during one exchange. Referring to Wells’s stated intention to introduce former ambassador Joseph Wilson’s classified CIA report on the Iraq-Niger uranium claims (see March 4-5, 2002), Walton says, “I don’t see how this is relevant to the case.” Any focus on Wilson’s report would turn the trial into an inquiry on “statements the president made in the State of the Union (see Mid-January 2003 and 9:01 pm January 28, 2003). You want to try the legitimacy of us going to war.” [US District Court for the District of Columbia, 5/5/2006 ; Bloomberg, 5/5/2006; Marcy Wheeler, 6/15/2006]
Defense: Libby Small Part of Larger White House Operation - Wells makes a statement that indicates he and his fellow attorneys intend to try to prove that Libby was indeed a small part of a much larger White House operation. He says: “It wasn’t just him [Libby]. He was involved in what was a multi-agency response. It was [sic] Office of the Vice President. It was the Office of the President.” Former prosecutor Christy Hardin Smith calls Wells’s statement a “‘Hello, Karl’ moment,” and notes that Wells is trying to go in at least two different directions: Libby’s memory is demonstrably faulty (see January 31, 2006) and he is being made into a White House scapegoat. Smith observes, “Team Libby is going to have a very tough time indeed if they are going to play such substantially adverse ends of the spectrum against each other at trial in order to raise reasonable doubt in the jurors’ minds.” [Christy Hardin Smith, 5/12/2006]
Author: Defense May Not Intend to Call Rove, Maneuvering for Materials Instead? - Author and blogger Marcy Wheeler, who is closely following the case, will later write that she is not at all sure that Libby’s lawyers really intend to call Rove as a defense witness. “But they seem awfully interested in getting all the materials relating, presumably, to Rove’s conversation with [columnist Robert] Novak (see July 14, 2003). They sure seem interested in knowing what Rove said, and whether they can make certain arguments without Rove refuting those arguments.” [Marcy Wheeler, 6/15/2006]
Entity Tags: Karl C. Rove, Christy Hardin Smith, Bush administration (43), Joseph C. Wilson, Theodore Wells, Reggie B. Walton, Marcy Wheeler, Executive Office of the President, Office of the Vice President, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald
Timeline Tags: Niger Uranium and Plame Outing
Conservative columnist Byron York writes that in his view, one of the overarching conflicts between Patrick Fitzgerald’s prosecution team and the defense team of Lewis Libby is that of the “size” of the case. Fitzgerald wants to focus on the “little case,” the narrow parameters of the perjury charges Libby faces: namely, did Libby lie under oath when he told Fitzgerald’s grand jury that he learned of Valerie Plame Wilson’s CIA identity from NBC reporter Tim Russert (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, Late Afternoon, July 12, 2003, and July 10 or 11, 2003)? Fitzgerald, York writes, has abandoned his pursuit of the larger case—who leaked Plame Wilson’s identity, why was it leaked, and did it violate the Intelligence Identities Protection Act, the Espionage Act, or some other law? York writes: “He has learned about the Big Case as much as one man with subpoena power, no supervision, unlimited funds, and no hesitation to threaten reporters with jail can learn. He just doesn’t want to talk about it.” On the other hand, Libby’s team wants to focus on the larger case. Was Libby merely following orders from senior Bush administration officials who felt “under attack” by Plame Wilson’s husband, war critic Joseph Wilson, and others? York writes: “Libby might have simply forgotten some of the details, and because of that testified incorrectly, his lawyers contend, because he was focusing on the big picture. If Libby’s defense team had its way, the whole thing—the Big Case—would be re-fought in the courtroom.” Judge Reggie Walton is trying to balance the two interests, York observes, and finding it understandably difficult to do so. [National Review, 5/10/2006]
Special counsel Patrick Fitzgerald files a brief with the court concerning the newspaper articles he intends to introduce during the trial of former White House official Lewis Libby. Fitzgerald says he intends to submit only one article in its entirety, a copy of the New York Times op-ed written by former ambassador Joseph Wilson (see July 6, 2003), and he intends to instruct the jury that the op-ed is not necessarily being submitted for its factual accuracy so much as for the handwritten annotations made on the copy by Vice President Dick Cheney (see May 14, 2006). Fitzgerald says he also intends to submit five other news articles in redacted form, including Robert Novak’s article that outed Valerie Plame Wilson (see July 14, 2003). Fitzgerald’s brief reads in part: “The July 14 Chicago Sun Times column by Mr. Novak is relevant because on the day the article was published, a CIA official was asked in the defendant’s presence, by another person in the OVP [Office of the Vice President], whether that CIA official had read that column. (The CIA official had not.) At some time thereafter… the CIA official discussed in the defendant’s presence the dangers posed by disclosure of the CIA affiliation of one of its employees as had occurred in the Novak column. This evidence directly contradicts the defense position that the defendant had no motive to lie because at the time of his interview and testimony the defendant thought that neither he nor anyone else had done anything wrong. Moreover, the evidence rebuts the defense assertion that the defendant could have easily forgotten his conversations with reporters Cooper and Miller on July 12 (see 2:24 p.m. July 12, 2003 and Late Afternoon, July 12, 2003) if he learned of the potential consequences of such disclosures as a result of the publication of the Novak column on July 14. Instead, the evidence about the conversation concerning the Novak column provides a strong motivation for the defendant to provide false information and testimony about his disclosures to reporters.” [US District Court for the District of Columbia, 5/12/2006 ; US District Court for the District of Columbia, 5/12/2006 ]
Jason Leopold. [Source: CrooksAndLiars (.com)]Investigative reporter Jason Leopold reports that White House political strategist Karl Rove has informed President Bush and other high-level White House officials that he will be indicted as a result of the Valerie Plame Wilson identity leak investigation, and will resign his position in the Bush administration when special counsel Patrick Fitzgerald makes the indictment public. Leopold says his sources include “a half-dozen White House aides and two senior officials who work at the Republican National Committee.” Rove has been stripped of his policy duties and is no longer deputy chief of staff, though White House officials claim the move is to allow him to focus completely on the 2006 midterm elections. Leopold’s sources say that a public announcement by Fitzgerald is not imminent, “despite the fact that Fitzgerald has already presented the grand jury with a list of charges against Rove. If an indictment is returned by the grand jury, it will be filed under seal.” Rove is said to have told White House chief of staff Joshua Bolten that he will be charged with perjury, stemming from his alleged lying under oath to Fitzgerald’s grand jury (see October 15, 2004, October 14, 2005, and April 26, 2006). “We need to start fresh and we can’t do that with the uncertainty of Karl’s case hanging over our heads,” Leopold quotes one unnamed White House aide as saying. “There’s no doubt that it will be front page news if and when [an indictment] happens. But eventually it will become old news quickly. The key issue here is that the president or Mr. Bolten respond to the charges immediately, make a statement, and then move on to other important policy issues and keep that as the main focus going forward.” [Truthout (.org), 5/12/2006] Leopold’s reporting is incorrect; a month later, Fitzgerald will announce that he is not charging Rove with anything (see June 13, 2006).
In an article printed on the progressive news Web site Truthout, reporter Jason Leopold claims that special counsel Patrick Fitzgerald has indicted White House political strategist Karl Rove in the Valerie Plame Wilson identity leak case. Leopold writes that on Friday, May 12, Fitzgerald served indictment papers on Rove through the law firm of Patton Boggs, which represents Rove. According to Leopold, Fitzgerald has charged Rove “with perjury and lying to investigators related to his role in the CIA leak case, and instructed one of the attorneys to tell Rove that he has 24 business hours to get his affairs in order.” Leopold credits “high level sources with direct knowledge of the meeting” for the story. Leopold’s sources also say that Rove spent most of the day in consultation with his lawyer, Robert Luskin, and that Fitzgerald is likely to include an obstruction of justice charge. Leopold has reported that Rove has already informed White House officials, including President Bush, of his upcoming indictment (see May 12, 2006). [Truthout (.org), 5/13/2006] Rove spokesman Mark Corallo flatly denies the story. He tells conservative columnist Byron York that Fitzgerald did not come to Patton Boggs on May 12, did not meet or communicate with Rove’s lawyers or other representatives, and did not inform Rove’s lawyers or representatives that Rove had been indicted. [National Review, 5/14/2006] Leopold’s story causes a storm of controversy, celebration, and uncertainty among many progressives and critics of the Bush administration, with many questioning why other, more mainstream news sources have not picked up on or verified Leopold’s story (see May 15, 2006). [Daily Kos, 5/14/2006] Leopold’s reporting is incorrect; a month later, Fitzgerald will announce that he is not charging Rove with anything (see June 13, 2006).
A photograph of the copy of Wilson’s op-ed annotated by Dick Cheney. [Source: Department of Justice / New York Times] (click image to enlarge)Special prosecutor Patrick Fitzgerald, pursuing charges that former vice-presidential chief of staff Lewis “Scooter” Libby lied to his grand jury about revealing the identity of CIA undercover agent Valerie Plame Wilson (see January 2004, March 5, 2004, and March 24, 2004), introduces into evidence a document that directly implicates Libby’s former boss, Vice President Dick Cheney, in Libby’s allegedly criminal behavior.
Notated Clipping - Fitzgerald submits an original clipping of a New York Times op-ed written by Plame Wilson’s husband, Joseph Wilson, challenging the Bush administration’s claims that Iraq had attempted to purchase uranium from Niger (see July 6, 2003). The clipping bears notations in Cheney’s own hand, as well as Cheney’s fingerprints. Cheney’s commentary reads: “Have they done this sort of thing before? [Cheney is referring to the CIA’s decision to send Wilson to Niger to investigate the uranium claims—see February 21, 2002-March 4, 2002.] Send an amb. to answer a question. Do we ordinarily send people out to do pro bono work for us? Or did his wife send him on a junket?” It is unclear when Cheney made the notes, but prosecutors believe they were taken before the July 14, 2003 column by Robert Novak that outed Plame Wilson (see July 14, 2003). According to Fitzgerald’s filing, Cheney’s copy of the op-ed is now “at the center of the sequence of events leading” to Libby’s alleged perjury and obstruction of justice. [CNN, 5/14/2006; New York Times, 5/14/2006; Newsweek, 5/16/2006]
'Acutely Focused' Attention of Cheney, Libby on Wilson - The filing goes on to state that Cheney’s notes support the idea that Wilson’s op-ed drew the attention of Cheney and Libby, and “acutely focused” their attention on Wilson’s assertions “and on responding to those assertions.… The article, and the fact that it contained certain criticisms of the administration, including criticism regarding issues dealt with by the Office of the Vice President, serve both to explain the context of, and provide the motive for, many of the defendant’s statements and actions at issue in this case. The annotated version of the article reflects the contemporaneous reaction of the vice president to Mr. Wilson’s op-ed article, and thus is relevant to establishing some of the facts that were viewed as important by the defendant’s immediate superior, including whether Mr. Wilson’s wife had sent him on a junket.” [CNN, 5/14/2006; Newsweek, 5/16/2006] Libby testified before the grand jury about the annotated op-ed, and that testimony is now entered into evidence. Libby said he recalled discussing the issues with Cheney, and said of those conversations: “I recall that along the way he asked, ‘Is this normal for them to just send somebody out like this uncompensated, as it says?’ He was interested in how did that person come to be selected for this mission. And at some point, his wife worked at the agency, you know, that was part of the question.” A prosecutor asked Libby, “Was it a topic that was discussed on a daily basis… on multiple occasions each day in fact?” Libby answered, “Yes, sir.” Libby acknowledged that during that time, Cheney indicated that he was upset about the Wilson article and what he considered to be false attacks on his credibility, saying: “I recall that he was very keen to get the truth out. He wanted to get all the facts out about what he [Cheney] had or hadn’t done—what the facts were or were not. He was very keen on that and said it repeatedly. ‘Let’s get everything out.’” During his testimony before the grand jury, prosecutors did not believe Libby’s assertion that Cheney might have “scribbled” notes on the Wilson op-ed on July 14, the day Novak’s column was published. Libby testified: “And I think what may have happened here is what he may have—I don’t know if he wrote, he wrote the points down. He might have pulled out the column to think about the problem and written on it, but I don’t know. You’ll have to ask him.” [National Journal, 1/12/2007]
Cheney's Other Actions - Fitzgerald has already asserted that Cheney had attempted to pass Wilson’s trip to Niger off as a “junket”—essentially a taxpayer-funded excursion with little real purpose—to discredit Wilson’s claims about the Iraq-Niger affair. Fitzgerald has also asserted that Cheney, acting with the approval of President Bush, authorized Libby to disclose some of the classfied portions of the 2002 National Intelligence Estimate on Iraq (see October 1, 2002, June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) to reporters to rebut some of Wilson’s claims. The Cheney notes provide, in reporter Michael Isikoff’s words, “significant new context to that assertion.” The notes show that Cheney had “personally raised questions about Wilson’s trip right after the publication of the Wilson column—and five days before Libby confirmed to Time reporter Matt Cooper that he had ‘heard’ that Wilson’s wife… had played a role in sending him to Africa” (see July 13, 2005). [CNN, 5/14/2006; Newsweek, 5/16/2006]
Cheney 'at Center of Campaign to Discredit Wilson' - Authors Lou Dubose and Jake Bernstein later write, “The annotation places Cheney at the center of the campaign to discredit Wilson, aware early on that Wilson’s wife was a CIA agent.” [Dubose and Bernstein, 2006, pp. 217] Plame Wilson herself will write: “Given Cheney’s vaunted decades of government service, it is frankly unbelievable that he would ask such questions. He would have known that the CIA frequently sends US citizens abroad, on a pro bono basis, to answer specific intelligence questions. It is even quite possible that the CIA debriefed employees of Halliburton, the multinational company that Cheney headed prior to becoming vice president, when they returned from business trips in restricted countries of interest to the United States. Cheney’s marginal notes should be more accurately interpreted as marching orders to staff on how to spin Joe’s story so that Cheney could stay as far from it as possible while simultaneously undermining Joe’s credibility.” (Emphasis in the original.) [Wilson, 2007, pp. 288]
Entity Tags: George W. Bush, Michael Isikoff, Jake Bernstein, Joseph C. Wilson, Lewis (“Scooter”) Libby, Lou Dubose, Valerie Plame Wilson, Office of the Vice President, Patrick J. Fitzgerald, Matthew Cooper, Richard (“Dick”) Cheney, Robert Novak
Timeline Tags: Niger Uranium and Plame Outing
As a firestorm of controversy and doubt surrounds reports of White House strategist Karl Rove’s imminent indictment for perjury (see May 12, 2006 and May 13, 2006), investigative reporter Jason Leopold defends his reporting; in an interview with syndicated commentator Ian Masters, Leopold says if his story is wrong, he will reveal the identities of his sources. “I will reiterate,” he tells Masters, “these sources that I have had on this story know full well that leading me astray… I would no longer be obliged to keep their identities secret.” Leopold has written that his sources include “a half-dozen White House aides and two senior officials who work at the Republican National Committee.” [Mike Stark, 5/15/2006] Leopold’s reporting was indeed incorrect; a month later, prosecutor Patrick Fitzgerald will announce that he is not charging Rove with anything (see June 13, 2006). Leopold will later back away from his stated intention to reveal his sources (see June 12-13, 2006).
At a pretrial hearing on a motion to quash the Libby defense team’s subpoenas of journalists and media organizations (see May 8, 2006), lawyers for the New York Times, Time magazine, and NBC News agree to turn over notes, memos, and documents pertaining to their journalists’ involvement in the Valerie Plame Wilson identity leak. The Washington Post and CNN have already turned over materials requested by the defense. During the hearing, Lewis Libby’s lawyers indicate that their trial strategy will be to attack the credibility of those journalists, and claim that it was the journalists, not Libby, who lied to special counsel Patrick Fitzgerald’s investigators and the FBI. “I do respect the important role that the press plays in our society but want to give Mr. Libby the information he needs for a fair trial,” Judge Reggie Walton says during the hearing. Robert Bennett, the lawyer representing former Times reporter Judith Miller, says during the hearing that the defense’s efforts amount to nothing more than “a massive fishing expedition.” He adds, “They just want to romp through her records,” and argues that Libby’s lawyers already have all the relevant information, since Miller has already provided some information from her notebooks. “The only thing that has not been produced are things that they are not entitled to” under federal rules of evidence, such as “records of people unrelated to the case and other sources about other subjects. They have everything relevant to this case,” Bennett says. For their side, Libby’s lawyers argue that Libby’s right to a fair trial outweighs any considerations that might be given to journalists’ right to protect their sources. One of Libby’s lawyers, William Jeffress, says his job isn’t to prove anything from either the reporters’ statements or his client’s, but merely to raise “reasonable doubt” in the minds of jurors. In the days after the hearing, Walton looks over notes, drafts, and records from those journalists turned over to him by the Times, Time magazine, and NBC News, in order to find any information related to Libby’s perjury and obstruction case. Walton orders Time to turn over drafts of reporter Matthew Cooper’s first-person account of his grand jury testimony (see May 26, 2006). [Associated Press, 5/13/2006; Reporters Committee for Freedom of the Press, 5/17/2006; Washington Post, 5/17/2006; Reporters Committee for Freedom of the Press, 11/19/2009]
Entity Tags: NBC News, Judith Miller, CNN, Matthew Cooper, William Jeffress, Robert T. Bennett, Time magazine, Patrick J. Fitzgerald, New York Times, Lewis (“Scooter”) Libby, Reggie B. Walton, Washington Post
Timeline Tags: Niger Uranium and Plame Outing
Truthout.org publisher Marc Ash issues a lengthy statement concerning the recent controversy stirred up by his publication’s claim that Karl Rove would be indicted as a part of the Plame Wilson leak investigation (see May 13, 2006). Two days before, Ash issued a statement saying that while he stands behind the story, he and his publication may have gotten “too far out in front of the news-cycle” (see May 19, 2006). Ash now writes that he and investigative reporter Jason Leopold have three independent sources confirming that Rove’s attorneys “were handed an indictment either late in the night of May 12 or early in the morning of May 13.” The sources are knowledgeable, says Ash. Special counsel Patrick Fitzgerald has refused to comment on the report. Rove’s attorney Robert Luskin and his spokesman Mark Corallo have categorically denied that Rove was indicted (see May 15, 2006), but Ash says, “we have information that directly contradicts Luskin and Corallo’s denials.” Ash says that two news networks stationed crews outside the building that houses the law firm of Patton Boggs, where Luskin works, and that the fourth floor of that building, where Patton Boggs’s offices are, was “locked down all day Friday and into Saturday night,” May 12 and 13. No one has asked Truthout to retract its story. And the White House has refused to comment. Ash notes that much of Truthout’s reporting depends on confidential sources. “We know that a report based solely on information obtained from confidential sources bears some inherent risks,” he writes. “We know that this is—by far—the biggest story we have ever covered, and that we are learning some things as we go along. Finally, we know that we have the support of those who have always supported us, and that must now earn the support of those who have joined us as of late.” Ash then writes of what he, Leopold, and the Truthout editors believe, but cannot prove. They believe Rove, through Luskin and Corallo, is working with Washington Post reporter Howard Kurtz to “spin” the story in a disfavorable light for Truthout and Leopold. He notes that many conservative media outlets have attacked Truthout, Leopold, and the Fitzgerald investigation in general, and writes: “We believe that rolling out that much conservative journalistic muscle to rebut this story is telling. And we believe that Rove’s camp is making a concerted effort to discredit our story and our organization.” Ash concludes by saying he, Leopold, and the Truthout editors believe, but cannot document their belief, that Rove may be cooperating with the Fitzgerald investigation. “We suspect that the scope of Fitzgerald’s investigation may have broadened—clearly to [Vice President Dick] Cheney—and according to one ‘off the record source’ to individuals and events not directly related to the outing of CIA operative Valerie Plame [Wilson]. We believe that the indictment which does exist against Karl Rove is sealed. Finally, we believe that there is currently a great deal of activity in the Plame investigation.” [Truthout (.org), 5/21/2006] A month later, Fitzgerald will announce that he is not charging Rove with anything (see June 13, 2006).
Vice President Dick Cheney may be called to testify for the prosecution in the Lewis Libby perjury and obstruction trial, says special counsel Patrick Fitzgerald in a brief filed with the court. Libby once served as Cheney’s chief of staff and Cheney could authenticate handwritten notes he wrote on a copy of an op-ed written by war critic Joseph Wilson (see May 14, 2006). Furthermore, Fitzgerald says, Cheney’s “state of mind” is directly relevant to the question of Libby’s alleged lying to FBI agents (see October 14, 2003 and November 26, 2003) and a grand jury (see March 5, 2004 and March 24, 2004) about leaking the identity of CIA official Valerie Plame Wilson. Libby “shared the interests of his superior and was subject to his direction,” Fitzgerald writes in court documents. “Therefore, the state of mind of the vice president as communicated to [the] defendant is directly relevant to the issue of whether [the] defendant knowingly made false statements to federal agents and the grand jury regarding when and how he learned about [Plame Wilson’s] employment and what he said to reporters regarding this issue.” Libby’s lawyers have asserted that Fitzgerald would not subpoena Cheney’s testimony, an assertion that Fitzgerald says is premature. “To the best of government’s counsel’s recollection, the government has not commented on whether it intends to call the vice president as a witness.” [US District Court for the District of Columbia, 5/24/2006 ; US District Court for the District of Columbia, 5/24/2006 ; Associated Press, 5/25/2006] Criminal defense lawyer Jeralyn Merritt, covering the Libby prosecution at the progressive blog TalkLeft, explains that Fitzgerald is more concerned with authenticating the handwritten notes Cheney made on Wilson’s op-ed than he is in putting Cheney on the stand. Merritt writes, “Fitz believes this blows a big hole in Libby’s testimony that he learned of Wilson’s wife working for the CIA from Tim Russert on July 10 or 11th” (see 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, 5:27 p.m. June 11, 2003, (June 12, 2003), and July 10 or 11, 2003). [Jeralyn Merritt, 5/24/2006] Salon reporter Tim Grieve believes that Fitzgerald may well be planning on having Cheney take the stand. In his column, Grieve writes that according to his interpretation of Fitzgerald’s brief, “Fitzgerald makes it clear—without saying so explicitly—that he’d like to put Cheney on the stand [t]o question him about the conversations he had with Libby about Wilson’s column, and in the process to undercut Libby’s claim that those conversations didn’t involve the identity of Wilson’s wife.” [Salon, 5/24/2006]
Judge Reggie Walton issues an order disallowing, in large part, the Libby defense team’s motions to compel discovery of an array of government classified documents (see March 17, 2006, April 5, 2006, May 12, 2006, and May 19, 2006). “[T]he defendant’s motion to compel is largely without merit,” Walton writes. He recognizes that the charges against Lewis Libby are impacted by former ambassador Joseph Wilson’s criticism of the Iraq invasion (see July 6, 2003), Wilson’s trip to Niger (see February 21, 2002-March 4, 2002), and the exposure of Wilson’s wife, Valerie Plame Wilson, as a CIA official (see July 14, 2003). Walton intends to allow a “limited” amount of evidence to be admitted in regards to these concerns, but, he writes, “these events have merely an abstract relationship to the charged offenses.” [US District Court for the District of Columbia, 6/2/2006 ] Walton also compels prosecutor Patrick Fitzgerald to turn over “substitutes” for classified documents pertaining to Plame Wilson’s employment history with the CIA, potential damage caused by Plame Wilson’s identity disclosure, and the names of “three individuals whose identities were redacted from classified documents previously made available to the defense.” [US District Court for the District of Columbia, 6/2/2006 ] According to Salon’s Tim Grieve, Walton is clearly siding with Fitzgerald’s “small case” view over the Libby team’s “big case” view (see May 10, 2006), focusing primarily on the issue of Libby’s alleged perjury and disallowing Libby’s efforts to refocus the case on the Bush administration’s response to criticisms of its handling of the Iraq war. [Salon, 6/2/2006]
In an op-ed, the Wall Street Journal harshly criticizes the Patrick Fitzgerald prosecution of Lewis Libby (see October 28, 2005), and objects to Fitzgerald’s intention to use a July 2003 Journal column as evidence of Libby’s perjury. According to the Journal, the key passage from that column reads: “One of the mysteries of the recent yellowcake uranium flap is why the White House has been so defensive about an intelligence judgment that we don’t yet know is false, and that the British still insist is true. Our puzzlement is even greater now that we’ve learned what last October’s National Intelligence Estimate really said.” Now, the Journal writes, that column proved the editorial staff’s assertion that President Bush was truthful in his January 2003 assertion that Iraq had attempted to purchase uranium from Niger (see Mid-January 2003 and 9:01 pm January 28, 2003), and former ambassador Joseph Wilson’s allegation that Bush was untruthful was, itself, untruthful (see July 6, 2003). Fitzgerald’s decision to use the Journal editorial “suggests that his case is a lot weaker than his media spin,” the Journal writes. The Journal notes that Libby was not a source for the 2003 editorial, “which quoted from the October 2002 National Intelligence Estimate concerning the Africa-uranium issue. But Mr. Fitzgerald alleges in a court filing that Mr. Libby played a role in our getting the information, which in turn shows that ‘notwithstanding other pressing government business, [Libby] was heavily focused on shaping media coverage of the controversy concerning Iraqi efforts to obtain uranium from Niger.’” According to the Journal, Fitzgerald is asserting that government officials such as Libby “have no right to fight back against critics who make false allegations,” and continues, “To the extent our editorial is germane to this trial, in fact, it’s because it puts Mr. Libby’s actions into a broadly defensible context that Mr. Fitzgerald refuses to acknowledge.” The editorial concludes by asserting that Fitzgerald is siding with Wilson against Libby and the Bush administration in what it calls “a political fight.” [Wall Street Journal, 6/6/2006] Former state prosecutor Christy Hardin Smith, covering the Libby trial at the progressive blog FireDogLake, uses lengthy excerpts from Judge Reggie Walton’s rulings to show that the Journal op-ed will, indeed, serve as evidence of Libby’s perjury. Smith accuses the Journal editorial staff of “shilling” for Libby and the Bush administration, and of being “willing participants” in a cover-up that would result in “lawbreakers” such as Libby going unpunished. [Christy Hardin Smith, 6/6/2006]
Investigative journalist Jason Leopold, who in May reported for the progressive news Web site Truthout (.org) that White House political strategist Karl Rove was indicted for perjury in the Valerie Plame Wilson identity leak investigation (see May 13, 2006), defends his story, saying that the indictment remains under seal in the US District Court for the District of Columbia “under the curious heading of Sealed vs. Sealed.” Leopold says that the grand jury handed down the indictment “the week of May 10th,” and adds: “The case number is ‘06 cr 128.’ On the federal court’s electronic database, ‘06 cr 128’ is listed along with a succinct summary: ‘No further information is available.’” Leopold says that neither he nor any other journalist has seen the indictment “06 cr 128,” but adds, “[T]he fact that this indictment was returned by the grand jury hearing evidence in the CIA leak case on a day that special prosecutor Patrick Fitzgerald met with the grand jury raised a number of questions about the identity of the defendant named in the indictment, whether it relates to the leak case, and why it has been under seal for a month under the heading Sealed vs. Sealed.” Leopold notes that “the grand jury in the CIA leak case also meets to hear evidence on other federal criminal cases, including at least one other high-profile case—crimes related to the Jack Abramoff lobbying scandal.” He quotes unnamed “legal experts” as saying it is not unusual to keep such an indictment as Rove’s “under seal for weeks or months… if an investigation, such as the CIA leak probe, is ongoing.” [Truthout (.org), 6/12/2006; Raw Story, 6/13/2006] Both Leopold and Truthout publisher Marc Ash continue to stand by the story; although Leopold told an interviewer in May that if his story was wrong, he would reveal his high-level sources (see May 15, 2006), he now refuses, telling progressive radio host Ed Schultz: “I’m standing by that what we were told was accurate. Certainly if some bad information was given, we’ll decide what the appropriate thing to do [is].… But if something did happen four weeks ago, [and] something happened in the past four weeks in Karl Rove’s favor… how does that make me wrong?” Leopold acknowledges that Rove’s lawyer, Robert Luskin, has repeatedly claimed that Rove will not be indicted, but says that his sources still insist Rove has indeed been indicted. [Truthout (.org), 6/12/2006] Ash posts on his Web site’s forum that he and Leopold are sure the “06 cr 128” indictment was returned by the Fitzgerald grand jury, and filed around May 10, just days before Leopold reported that Rove had been indicted. He and Leopold believe, without being able to verify their beliefs, that the indictment is “directly related” to the Plame Wilson leak investigation. “That’s based on a single credible source and the information discussed above.” Ash also states that he and Leopold believe Rove is cooperating with Fitzgerald’s investigation: “That is based, again, on a single credible source, and background information provided by experts in federal criminal law.” [Steve Gilbert, 6/12/2006] The same day that Leopold gives an interview to Schultz, special counsel Patrick Fitzgerald informs Rove that he does not plan on charging him with any crimes (see June 13, 2006).
Special counsel Patrick Fitzgerald, investigating the Valerie Plame Wilson identity leak (see December 30, 2003), informs White House deputy chief of staff Karl Rove that he does not plan to file charges against him in conjunction with the leak. [Associated Press, 6/13/2006; Washington Post, 7/3/2007]
'No Deal' - Rove’s lawyer Robert Luskin says that he negotiated no deals with Fitzgerald to spare his client from prosecution: “There has never, ever been any discussion of a deal in any way, shape, or form.” [Jeralyn Merritt, 6/13/2006]
'A Chapter that Has Ended' - The decision follows months of wrangling between Fitzgerald’s team and Luskin. Neither Fitzgerald nor Luskin give any details about the issues and actions behind the decision, but Luskin says, “We believe that the special counsel’s decision should put an end to the baseless speculation about Mr. Rove’s conduct.” Rove spokesman Mark Corallo says that Rove made no deals with Fitzgerald to cooperate with the investigation, and that the decision is based solely on Fitzgerald’s findings. President Bush says of the news: “It’s a chapter that has ended. Fitzgerald is a very thorough person. I think he’s conducted his investigation in a dignified way. And he’s ended his investigation.… There’s still a trial to be had. And those of us involved in the White House are going to be very mindful of not commenting on this issue.” Christopher Wolf, a lawyer for Plame Wilson and her husband, Joseph Wilson, says that the couple is considering filing a civil suit against Rove. “The day still may come when Mr. Rove and others are called to account in a court of law for their attacks on the Wilsons,” Wolf says. [New York Times, 6/13/2006; Associated Press, 6/13/2006]
Rove 'Elated' - Corallo describes Rove as “elated” over the news. Legal analyst Andrew Cohen says: “Prosecutors have ethical obligations not to indict someone when they don’t think they can win at trial and I suspect that may be what happened here. For whatever reason Fitzgerald the prosecutor didn’t believe he could take a case against Rove to a jury and win it.” [CBS News, 6/13/2006]
A Variety of Responses - Democratic National Committee (DNC) chairman Howard Dean says of Rove: “He doesn’t belong in the White House. If the president valued America more than he valued his connection to Karl Rove, Karl Rove would have been fired a long time ago. So I think this is probably good news for the White House, but it’s not very good news for America.” [Associated Press, 6/13/2006] “The notion of the leak and the overall White House involvement, that ain’t over,” says Representative Rahm Emanuel (D-IL). “Obviously, we know that ‘Scooter’ Libby is not Karl Rove. But you have the vice president of the United States involved, or at least his office was involved.” Representative Henry Waxman (D-CA) says that Fitzgerald’s decision not to prosecute Rove should trigger a Congressional investigation into whether Rove mishandled classified information when he discussed Plame Wilson with reporters. Though Fitzgerald conducted a “narrow” criminal invesigation, Waxman says, Congress should examine the broader issue of whether Rove deserved to keep his high-level security clearance (see July 13, 2005). [Los Angeles Times, 6/14/2006] The Republican National Committee (RNC) circulates quotes from Democratic lawmakers attacking Rove under the headline of “Wrong Again: Prejudging Karl Rove Is Latest Example of Democrats’ Overheated Rhetoric and False Statements.” “What you had in this case was an unbelievable example of misjudgment for political purposes by leading Democrats,” says RNC chairman Ken Mehlman. He adds that the entire Rove imbroglio is just an example of how Democrats “rush to judgment.” Democratic leaders “owe [Rove] an apology,” Mehlman says. [Washington Post, 6/13/2006; Los Angeles Times, 6/14/2006] Plame Wilson and her husband, former ambassador Joseph Wilson, are deeply disappointed at the decision. In 2007, Plame Wilson will write: “It was hard to process that someone who had appeared before a grand jury five times (see April 26, 2006), and had admitted that he had spoken to Robert Novak and Matt Cooper in the week before my name was published (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003), would face no consequences for his actions.… While our faith in Fitzgerald’s skills and integrity remained unshaken, we couldn’t help but wonder, along with everyone else, what the special prosecutor had received or heard from Rove to prompt his decision.” [Wilson, 2007, pp. 250] Criminal defense lawyer Jeralyn Merritt, writing for the progressive blog TalkLeft, writes that she believes Rove has “cooperated with Fitzgerald by testifying to the grand jury five times and providing whatever information he had without a safety net. Without a 5k. Without assurances he would not be indicted. That’s a hell of a risk, but Luskin pulled it off. My hat’s off to Luskin.… I’m ready to put this to bed. Karl Rove walked. He’s one of the rare subjects of an investigation who was able to talk his way out of an indictment.” [Jeralyn Merritt, 6/13/2006] Former prosecutor and blogger Christy Hardin Smith, writing for the progressive blog FireDogLake, writes: “If Luskin is coming out and saying publicly that they got a letter from Pat Fitzgerald which says that Rove will not be charged, there are two things that I want to see and know: (1) what does the letter actually say, word for word; and (2) does it say something along the lines of ‘Please thank Karl for his cooperation in this matter.’” Smith adds: “Patrick Fitzgerald and his team are career professionals. You do not charge someone with a criminal indictment merely because they are scum. You have to have the evidence to back up any charges—not just that may indicate that something may have happened, but you must have evidence that criminal conduct occurred and that you can prove it. You charge the evidence you have, you try the case you can make, and you don’t go down a road that will ultimately be a waste of the public’s money and time once you have ascertained that the case is simply not there. It doesn’t mean that you don’t think the SOB that you can’t charge isn’t a weasel or guilty as hell, it just means that you can’t prove it. (And, fwiw [for what it’s worth], those times are the worst of your career, because you truly hate to let someone go when you know in your gut they’ve done something wrong.)” [Christy Hardin Smith, 6/13/2006]
Entity Tags: Henry A. Waxman, Valerie Plame Wilson, Republican National Committee, Andrew Cohen, Christopher Wolf, George W. Bush, Christy Hardin Smith, Rahm Emanuel, Robert Luskin, Mark Corallo, Howard Dean, Patrick J. Fitzgerald, Joseph C. Wilson, Jeralyn Merritt, Ken Mehlman, Karl C. Rove, Lewis (“Scooter”) Libby
Timeline Tags: Niger Uranium and Plame Outing
Washington Post reporter Dan Froomkin writes that since special counsel Patrick Fitzgerald has decided not to charge White House political strategist Karl Rove with any crime related to the Valerie Plame Wilson identity leak (see June 13, 2006), it is up to the press to find out the extent of Rove’s involvement. “The White House has long maintained—spuriously, I might add—that the ongoing criminal investigation precluded them from answering any questions even vaguely related to Rove’s conduct,” Froomkin writes. “Now, without charges against Rove in the offing, the media should demand answers to a slew of questions. The overriding issue: Just because Rove wasn’t charged with a crime doesn’t mean his conduct meets the standards the public expects from its White House. If Rove was irresponsibly lax with classified information, if he intentionally misled the press, the press secretary, and the president, if he conspired with fellow White House aides to punish someone who spoke out against the president—all of which appears to be the case—what is he still doing serving as the president’s most trusted aide?” Froomkin continues: “Is a criminal indictment the only thing that gets someone in trouble over there? Here’s a question for Bush: You said you’d fire anyone involved in the leak (see September 29, 2003, June 10, 2004, and June 10, 2004). Rove no longer faces criminal charges, but undeniably was involved. Now that nothing you do or say can in any way influence the criminal investigation, will you tell us what you know and when you knew it? Will you fire him? Will you strip him of his security clearance? It seems to me that the White House has a variety of options: Admit Rove misled the president and his colleagues; admit the president and his colleagues misled the public on his behalf; admit they intentionally engaged in legalistic hairsplitting; or sweep it all under the rug. It’s up to the press corps to rule out the last of those options.” [Washington Post, 6/13/2006]
Freelance journalist Joe Lauria writes of his involvement in the false reports that White House political strategist Karl Rove had been indicted in the Valerie Plame Wilson identity leak investigation (see May 13, 2006). Lauria says that the real story centers around investigative reporter Jason Leopold, whom he describes as “a troubled young reporter with a history of drug addiction whose aggressive disregard for the rules ended up embroiling me in a bizarre escapade—and raised serious questions about journalistic ethics.” Lauria says he met Leopold once, three days before the first Rove story ran (see May 12, 2006), to discuss Leopold’s upcoming memoir News Junkie, which details Leopold’s history of childhood abuse, drug addiction, a felony conviction, and what Lauria calls “deception in the practice of journalism.” Lauria writes that he felt for the “vulnerable” Leopold, told Leopold that he freelanced for the Sunday Times of London, and gave the reporter his cell phone number. Lauria even sent Leopold a congratulatory e-mail on the Rove “scoop.” On a progressive blog called TalkLeft, Lauria found that Rove spokesman Mark Corallo had spoken to someone identifying himself as “Joel” someone from the “Londay [sic] Sunday Times,” and was given a cell phone number nearly identical to Lauria’s. Lauria confirmed the story by speaking with Corallo, who told him he thinks he has never spoken to Leopold, and the person he spoke to said that he had confirmation from a spokesman for special counsel Patrick Fitzgerald that the indictment was real. Lauria called Leopold, who “gave [him] a profanity-filled earful” and said that Corallo had called him to denounce the story. Lauria accused Leopold of pretending to be him in the phone call Corallo cited in the blog, and, according to Lauria, Leopold retorted, “Joe, I would never, ever have done something like that.” Lauria then writes: “Except that he has done things like that. His memoir is full of examples.” Lauria writes that he, like Corallo, believes Leopold simply made up the entire story, most likely to generate attention for himself. He writes: “These days it is about the reporter, not the story; the actor, not the play; the athlete, not the game. Leopold is a product of a narcissistic culture that has not stopped at journalism’s door, a culture facilitated and expanded by the Internet.” [Washington Post, 6/18/2006] The next day, CBS News reporter Brian Montopoli characterizes Lauria’s story as “somewhat vindictive,” and adds that while Leopold’s ethics and conduct in the matter are questionable at best, Lauria’s attempt at character assassination does him little credit. Montopoli also hints that Leopold may have been misinformed by his sources, saying, “[A]s Leopold has learned all too well, if you are willing to lie to your sources, they have every reason to lie to you.” [CBS News, 6/19/2006]
Former prosecutor Joseph diGenova, a veteran Washington attorney with deep Republican ties, says he believes President Bush will pardon former White House official Lewis Libby. “I think ultimately, of course, there are going to be pardons,” he says. “These are the kinds of cases in which historically presidents have given pardons.” DiGenova says that special counsel Patrick Fitzgerald’s indictment of Libby “is the epitome of the criminalization of the political process.” Newsday, which publishes the interview with diGenova, calls diGenova “an old Washington hand who shares that view with many pundits.” Other unnamed sources quoted in the Newsday article say they believe Bush will pardon Libby before a trial can start, thus sparing Vice President Dick Cheney from the possibility of adverse information being made public. [Salon, 6/19/2006; Talking Points Memo, 6/19/2006] DiGenova made a similar prediction two months earlier (see April 9, 2006). He has previously stated that he believes no crime was committed by leaking Valerie Plame Wilson’s CIA identity to the public, in part because her identity was “well known” (see February 10, 2004).
Karl Rove and Robert Novak, 2003. Rove’s button reads, ‘I’m a Source, Not a Target.’ [Source: Lauren Shays / AP / New York Times]Conservative columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column three years earlier (see July 14, 2003), says that he can now write about his testimony before the grand jury investigating the leak. In his current column, he reveals that White House political strategist Karl Rove was one of his sources, as was CIA spokesman Bill Harlow. Novak writes that special prosecutor Patrick Fitzgerald has informed his attorneys that the “investigation of the CIA leak case concerning matters directly relating to me has been concluded. That frees me to reveal my role in the federal inquiry that, at the request of Fitzgerald, I have kept secret.” Novak writes: “I have cooperated in the investigation while trying to protect journalistic privileges under the First Amendment and shield sources who have not revealed themselves. I have been subpoenaed by and testified to a federal grand jury. Published reports that I took the Fifth Amendment, made a plea bargain with the prosecutors, or was a prosecutorial target were all untrue.” Novak says that Fitzgerald knew, “independent of me,” that his sources for his column outing Plame Wilson were Rove and then-Deputy Secretary of State Richard Armitage (see July 8, 2003), whom Novak does not identify in his column. “That Fitzgerald did not indict any of these sources may indicate his conclusion that none of them violated the Intelligence Identities Protection Act,” Novak writes. Novak also identifies a third source, Harlow (see (July 11, 2003) and Before July 14, 2003). Novak writes that he reveals Rove as a source “because his attorney has divulged the substance of our conversation, though in a form different from my recollection.” Harlow, Novak writes, “has publicly disclosed his version of our conversation, which also differs from my recollection.” He does not name Armitage because Armitage “has not come forward to identify himself,” though he does note that Armitage considered his disclosure of Plame Wilson’s CIA identity “inadvertent.” After learning of Plame Wilson’s identity from Armitage, Novak writes, “I sought out the second administration official [Rove] and the CIA spokesman [Harlow] for confirmation. I learned Valerie Plame [Wilson]‘s name from Joe Wilson’s entry in Who’s Who in America. I considered his wife’s role in initiating Wilson’s mission, later confirmed by the Senate Intelligence Committee, to be a previously undisclosed part of an important news story. I reported it on that basis.” [CNN, 7/11/2006; Human Events, 7/12/2006; New York Times, 7/12/2006] Novak also says of Armitage: “The primary source was not a political operative.… I don’t believe it was part of a plan to discredit anybody.” Novak denies cooperating with a White House strategy to discredit former ambassador Joseph Wilson, a prominent critic of the Bush administration’s Iraq policies (see June 2003, October 1, 2003, and April 5, 2006). [Washington Post, 7/11/2006] Novak testified that when he asked about Plame Wilson’s CIA status, Rove replied, “Oh, you know that, too?” In Rove’s recollection, he responded, “I’ve heard that, too.” Rove’s spokesman, Mark Corallo, says that Rove did not even know Plame Wilson’s name at the time he spoke with Novak, that the columnist called Rove, not the other way around, and that Rove simply replied he had heard the same information that Novak passed along to him regarding Plame Wilson. However, “There was not much of a difference” between the recollections of Rove and Novak, Corallo says. Harlow’s difference with Novak’s portrayal of their conversation is more substantial than the differences between Novak’s and Rove’s recollections. Harlow has said that he warned Novak not to reveal Plame Wilson’s name or CIA status, but Novak has written, “I certainly wouldn’t have used her name if anyone [i.e. Harlow] had indicated she might be in danger.” [Washington Post, 7/11/2006; Associated Press, 7/12/2006] A former intelligence official tells CNN that when Harlow first spoke to Novak about Plame Wilson, he was not aware of her status as a covert employee, and that he tried to talk Novak out of publishing her name when he did find out, making it clear the disclosure could be damaging. [CNN, 7/11/2006] Progressive media watchdog organization Media Matters writes that Novak’s column is filled with “false and contradictory statements” (see July 12, 2006).
Responding to columnist Robert Novak’s disclosure that White House political strategist Karl Rove was one of his sources in the Plame Wilson identity leak (see July 12, 2006), Mary Matalin, the former media adviser to Vice President Dick Cheney, launches an attack against the prosecutors investigating the leak on Fox News. Matalin says that neither Lewis Libby, the former White House official charged with perjury and obstruction in the investigation (see October 28, 2005), nor anyone else committed a crime—even going so far as to claim that special prosecutor Patrick Fitzgerald acknowledged that no one committed a crime—and former ambassador Joseph Wilson “flat-out lied” in his July 2003 op-ed debunking the Iraq-Niger uranium claim (see July 6, 2003). Fitzgerald repeatedly asserted the serious nature of Libby’s crimes in Libby’s indictment, noting that Libby both lied and obstructed justice in his dealings with the FBI and with Fitzgerald’s grand jury. Moreover, Matalin’s claim that Wilson was “lying” is countered by numerous findings that the Iraq-Niger claims were absolutely false (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003), including a July 2004 Senate Intelligence Committee report on prewar intelligence (see July 9, 2004). Matalin goes on to say that “everybody in town knew” that Valerie Plame Wilson was a CIA agent, an assertion again debunked by Fitzgerald in his indictment. [Media Matters, 7/12/2006]
MSNBC talk show host Tucker Carlson tells his viewers that “[t]here’s never been a shred of evidence” that the disclosure of former CIA operative Valerie Plame Wilson’s covert identity (see Fall 1992 - 1996) “compromised our national security.” Carlson is misrepresenting the issue. CIA official Bill Harlow twice warned columnist Robert Novak not to divulge Plame Wilson’s name or CIA identity to the public (see (July 11, 2003) and Before July 14, 2003). Special counsel Patrick Fitzgerald found that Plame Wilson’s identity had been protected by the CIA “not just for the officer, but for the nation’s security” (see October 28, 2005). And a number of former and current CIA officers and agents have said that the disclosure of her identity and her front company, Brewster Jennings, likely endangered others, both CIA agents and foreign sources (see October 3, 2003, October 11, 2003, October 22-24, 2003, and October 23-24, 2003). Carlson is commenting on Novak’s July 12 column, where he discusses his testimony in Fitzgerald’s investigation and discloses that White House political strategist Karl Rove was one of his sources for his Plame Wilson column (see July 12, 2006). [Media Matters, 7/13/2006]
Lewis Libby’s lawyers inform the court that they intend to call a memory expert at trial (see January 31, 2006). Libby’s lawyers have already retained Harvard psychology professor Daniel Schacter, a memory expert, as a trial consultant (see Before February 28, 2006), though it is unclear whether Schacter is the expert they intend to put on the stand. The brief filed by Libby’s lawyers indicates they have already informed special counsel Patrick Fitzgerald of their intention to call the memory expert. [US District Court for the District of Columbia, 7/17/2006; Jeralyn Merritt, 7/19/2006] Two weeks later, the Libby team will announce that their memory expert will be psychology professor Robert Bjork (see July 31, 2006).
Judge Reggie Walton issues a court order that withholds certain “extremely sensitive” classified documents from the Lewis Libby defense team. Walton writes that he “carefully reviewed” the requests from special counsel Patrick Fitzgerald and from the CIA to withhold the documents. The documents were provided to him ex parte and in camera, and Walton determined that they were irrelevant to the Libby defense efforts. Walton writes that the documents are “extremely sensitive and their disclosure could cause serious if not grave damage to the national security of the United States.” Walton has previously allowed other classified documents to be provided to Libby, and the CIA has provided documents requested by Libby that Walton has released to the defense (see December 14, 2005, January 9, 2006, January 20, 2006, January 23, 2006, January 23, 2006, January 31, 2006, (February 16, 2006), February 21, 2006, February 24, 2006. February 27, 2006, March 1, 2006, March 2-7, 2006, March 10, 2006, March 17, 2006, April 5, 2006, May 3, 2006, May 12, 2006, May 19, 2006, and June 2, 2006). Many of the documents provided to Libby are redacted versions or summaries of the classified documents he viewed during his morning intelligence briefings. [MSNBC, 8/18/2006] Former prosecutor Christy Hardin Smith, writing for the progressive blog FireDogLake, writes of Walton’s decision: “That there is material so sensitive in this case that Libby is not entitled to it at all… speaks volumes to me in terms of what was endangered by him and Karl Rove opening their yaps in order to exact some political payback and CYA for Dick Cheney and the Bush administration. Putting personal political fortune ahead of the security of the entire United States during a time of armed conflict to cover your bosses’ *sses for lying the nation into war? Now THAT is unpatriotic.” [Christy Hardin Smith, 8/19/2006]
Rowan Scarborough. [Source: NNDB (.com)]Washington Times reporter Rowan Scarborough writes an extensive analysis of the Plame Wilson identity leak investigation, calling it an attempt by liberals to bring down a Republican president just as the Nixon-era Watergate scandal did (see October 18, 1972 and June 27, 1973), and accuses “leftists” throughout Congress and the media of orchestrating a smear campaign against former White House official Lewis Libby. Special counsel Patrick Fitzgerald is little more than a tool of those “leftists,” he writes. Scarborough, who is not identified as the author by the Times but is identified on the reprint of the article on the Libby Legal Defense Fund Web site, reviews and echoes many of the same criticisms others on the right have already stated, that since Libby was not the first administration official to leak Valerie Plame Wilson’s identity to a reporter, he must be innocent of the charges against him (see Late August-Early September, 2006). “[T]he ‘scandal’ is played out,” Scarborough writes, and the hopes of liberals to see the destruction of the Bush administration are “shattered.” Scarborough says that Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003) and former Deputy Secretary of State Richard Armitage (see June 13, 2003 and July 8, 2003) revealed Plame Wilson’s identity for no other reason than to set the record straight about Plame Wilson sending her husband, Joseph Wilson, to Niger to investigate claims that Iraq had tried to purchase uranium from that country (see February 19, 2002, July 22, 2003, October 17, 2003, and July 20, 2005). Armitage and Libby were concerned, Scarborough writes, that Wilson went to Niger at the behest of Vice President Dick Cheney (see (February 13, 2002)), when in actuality, Scarborough states, Wilson went to Niger, and subsequently printed an influential op-ed in the New York Times (see July 6, 2003), “to chastise the president for citing a British intelligence report in his January 2003 State of the Union address about a possible Niger-Iraq connection” (see Mid-January 2003 and 9:01 pm January 28, 2003). Scarborough claims falsely that neither the White House nor CIA Director George Tenet knew of Wilson’s trip to Niger (see March 8, 2002); he cites false information promulgated by Republican members of the Senate Intelligence Committee in that body’s report on prewar intelligence and Iraqi WMD (see July 9, 2004), and contradictory statements by conservative columnist Robert Novak (see July 14, 2003, July 21, 2003, September 29, 2003, October 1, 2003, December 14, 2005, July 12, 2006, and July 12, 2006), who outed Plame Wilson in his column (see July 14, 2003). Like many of his colleagues, Scarborough blames Wilson for the exposure of his wife’s CIA identity. [Washington Times, 9/5/2006; Libby Legal Defense Trust, 9/5/2006]
Entity Tags: Robert Novak, Joseph C. Wilson, George J. Tenet, Bush administration (43), Lewis (“Scooter”) Libby, Richard Armitage, Libby Legal Defense Fund, Senate Intelligence Committee, Patrick J. Fitzgerald, Rowan Scarborough, Valerie Plame Wilson
Timeline Tags: Niger Uranium and Plame Outing
Former Deputy Secretary of State Richard Armitage admits telling Washington Post reporter Bob Woodward (see June 13, 2003) and columnist Robert Novak (see July 8, 2003) that Valerie Plame Wilson was a CIA official, and says it was a “terrible” mistake to have done so. “Oh, I feel terrible,” he says. “Every day, I think I let down the president. I let down the secretary of state. I let down my department, my family, and I also let down Mr. and Mrs. Wilson.… I value my ability to keep state secrets. This was bad, and I really felt badly about this.” Asked if he owes the Wilsons an apology, Armitage says, “I think I’ve just done it.” He explains his conversation with Novak: “At the end of a wide-ranging interview he asked me, ‘Why did the CIA send Ambassador Wilson [Joseph Wilson, Plame Wilson’s husband] to Africa?’ I said I didn’t know, but that she worked out at the agency.” Armitage calls it “just an offhand question,” and adds, “I didn’t put any big import on it and I just answered and it was the last question we had.” He claims that the State Department intelligence memo that listed Plame Wilson as a CIA agent was only partially classified, and excuses his revelation by saying, “I had never seen a covered agent’s name in any memo in, I think, 28 years of government,” so he had no idea that Plame Wilson was a covert agent. He believes he referred to her as either “Mrs. Wilson” or “Wilson’s wife,” and adds: “I didn’t know the woman’s name was Plame. I didn’t know she was an operative.” Armitage claims he realized he was Novak’s source several months after Plame Wilson’s outing, and immediately informed the FBI (see October 1, 2003). He says he has not publicly discussed his role in the Plame Wilson affair until now because special prosecutor Patrick Fitzgerald asked him to remain silent: “[T]he special counsel, once he was appointed, asked me not to discuss this and I honored his request.” Fitzgerald has now released him from his pledge. Armitage has testified three times before Fitzgerald’s grand jury, the last time in December 2005, without being subpoenaed. “I was a cooperating witness from the beginning,” he says. [CBS News, 9/7/2006; New York Times, 9/8/2006]
Special counsel Patrick Fitzgerald files a motion opposing the Libby defense team’s intention to call a “memory expert” to testify on Libby’s behalf (see July 31, 2006). Libby’s lawyers intend to argue that their client, indicted felon and former White House aide Lewis Libby, has a faulty memory (see January 31, 2006), and it was a series of memory lapses that caused him to make false statements to the FBI (see October 14, 2003 and November 26, 2003) and the grand jury (see March 5, 2004 and March 24, 2004) about his outing of CIA official Valerie Plame Wilson to reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003). Fitzgerald opposes the testimony of UCLA professor Robert Bjork, not because of problems with Bjork’s expertise in the field of human memory, but because “the defendant cannot meet his burden as the proponent of the evidence of establishing that the testimony will assist the jury in understanding or determining any of the facts at issue in this case.… To the contrary, there are strong reasons to believe that the proffered testimony may confuse, mislead, and unduly influence the jury.” Juries are often asked to evaluate a defendant’s memory in the course of a criminal trial, and it is “unusual” to present such testimony in the furtherance of a criminal defense, Fitzgerald asserts. [US District Court for the District of Columbia, 9/7/2006 ] In November, the judge will disallow Bjork’s testimony (see November 2, 2006).
Progressive columnist Joe Conason questions the ability of many mainstream reporters and government observers to understand the underlying reality behind the Plame Wilson identity leak. He writes that “[t]he latest developments in the case… proved once more that the simplest analysis of facts is beyond the grasp of many of America’s most celebrated journalists.” The recently published book Hubris, by Michael Isikoff and David Corn, reveals that the then-Deputy Secretary of State, Richard Armitage, was apparently the first White House official to reveal the CIA status of Valerie Plame Wilson to a reporter (see June 13, 2003 and July 8, 2003). Unlike two other White House leakers, Karl Rove (see July 8, 2003 and 11:00 a.m. July 11, 2003) and Lewis Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003), Armitage was not sold on the idea of the Iraq invasion. Because of these facts, Conason writes, many journalists and observers have decided that Rove and Libby are both “guiltless” of any criminal or underhanded conduct, “that there was no White House effort to expose Ms. Wilson, and that the entire leak investigation was a partisan witch hunt and perhaps an abuse of discretion by the special counsel, Patrick Fitzgerald (see February 6, 2007). The same pundits now proclaim that Mr. Armitage’s minor role somehow proves the White House didn’t seek to punish Valerie Wilson and her husband, former ambassador Joe Wilson, for his decision to publicly debunk the presidential misuse of dubious intelligence from Niger concerning Iraq’s alleged attempts to purchase yellowcake uranium.” Conason writes that to draw such conclusions is simple-minded. “It’s a simple concept—two people or more can commit a similar act for entirely different reasons—but evidently it has flummoxed the great minds of contemporary journalism.” Armitage let Plame Wilson’s identity slip in what was apparently a gossip session. Rove and Libby, on the other hand, “sought to undermine Joe Wilson’s credibility—and perhaps to victimize him and his wife—by planting information about Valerie Wilson with two reporters.” Fitzgerald understands the difference in motivation between Armitage and Rove/Libby, Conason writes, but many journalists seem not to understand that difference. “It is a simple matter,” Conason concludes, “and yet still too challenging for the national press to understand.” [New York Observer, 9/10/2006]
NBC producer Joel Seidman interviews two former prosecutors, and asks them to assess the impact of the recent revelation that Richard Armitage, not Lewis Libby, was the first government official to leak Valerie Plame Wilson’s CIA status on Libby’s upcoming trial (see September 7, 2006). Seidman opens his article by claiming that special counsel Patrick Fitzgerald may face an “uphill battle” in getting a conviction in light of the Armitage revelation, writing, “The possible testimony of the State Department’s former number two official [Armitage], and that of the first journalist to print the name Valerie Plame Wilson [columnist Robert Novak], could potentially sway a jury that there is reasonable doubt to the perjury charges against Libby.” Seidman goes on to call the news of Armitage’s leak a “bombshell announcement,” and a piece of information that Fitzgerald “chose to keep… secret.” Further, Seidman notes that because Armitage and Novak are in some disagreement about the chain of events surrounding Armitage’s leak to Novak (see July 8, 2003) and September 13, 2006), this discontinuity “could enable Libby to argue that he, Libby, wasn’t the only one confused in this case” (see January 31, 2006). It is unclear whether Armitage will testify at Libby’s trial. Seidman interviews two former prosecutors: Solomon Weisenberg, who worked with special prosecutor Kenneth Starr during the Whitewater investigation, and Larry Barcella. Weisenberg says Libby’s lawyers can take “full advantage of the emotional value of Armitage’s admission,” and that while Armitage is not part of the case against Libby, the lawyers could argue that Fitzgerald conducted a sloppy investigation, and has witnesses who contradict one another. However, Barcella says that because the charges facing Libby are about his lying under oath (see October 28, 2005), Armitage’s leaks are irrelevant. [MSNBC, 9/20/2006] Former prosecutor Christy Hardin Smith, writing for the progressive blog FireDogLake, says Seidman is echoing “GOP-pushed media logic,” which she analogizes to the argument that “someone who steals three of your hubcaps, strips your car down of all the valuable parts, take[s] the license plate, and steals your registration should not be charged for all of those crimes because someone else took the first hubcap a little earlier in the day. Um… yeah. Try again. You lie repeatedly to a federal investigator, you pay the penalty, and no amount of after-the-fact *ss-covering obfuscation gets around the fact that Libby lied, repeatedly. If he didn’t need to do so because he and those around him did nothing wrong, then why did he lie on multiple occasions? And why did a federal grand jury find it troubling enough to indict him on five felony counts for doing so?” [Christy Hardin Smith, 9/20/2006]
Judge Reggie Walton issues an order on the use of classified evidence in the Lewis Libby perjury and obstruction trial (see December 14, 2005, January 9, 2006, January 23, 2006, January 31, 2006, (February 16, 2006), February 21, 2006, February 24, 2006, February 27, 2006, March 1, 2006, March 2-7, 2006, March 10, 2006, March 17, 2006, April 5, 2006, May 12, 2006, May 19, 2006, June 2, 2006, and August 18, 2006). The order is largely procedural, acknowledging the deep divisions between the prosecution and the defense on the issue, and concluding “that the Federal Rules of Evidence and the restrictions they impose control whether information subject to CIPA [Classified Information Procedures Act] proceedings is admissible during a trial.” The order indicates that Walton is inclined to find at least somewhat in favor of the defense and may order many of the classified materials requested by the Libby defense team to be presented as evidence, leading the Associated Press to report “a victory to the defense” in the ruling. Walton also reminds prosecutor Patrick Fitzgerald that if his concerns about a possible breach of national security are that strong, he is free to stop the disclosure of classified information by dropping the charges against Libby (see After October 28, 2005, January 31, 2006, February 6, 2006, (February 16, 2006), and September 27, 2006). [US District Court for the District of Columbia, 9/21/2006 ; MSNBC, 9/21/2006; Associated Press, 9/21/2006]
Judge Reggie Walton holds a hearing with prosecutors for special counsel Patrick Fitzgerald and representatives from Lewis Libby’s defense team on the issue of “graymail,” which Fitzgerald has alleged is a tactic being employed by Libby’s team (see After October 28, 2005, January 31, 2006, February 6, 2006, and (February 16, 2006)). “Graymail” is the attempt by one side in a court proceeding to derail the proceeding by insisting on the use of classified materials as evidence, and demanding mistrials or dropped charges if and when those classified materials are disallowed. Libby’s lawyers have privately and publicly implied that they will reveal national security secrets if the case actually goes to trial. The hearing, which is delayed because of a bomb threat, is the first of several hearings to be held on the subject. Fitzgerald wants to curtail the introduction of classified documents during the trial, while Libby’s lawyers want to introduce reams of classified documents into evidence (see May 10, 2006). Fitzgerald has argued repeatedly that many of the classified documents requested by Libby are irrelevant to the case at hand. Libby wants to introduce a number of highly classified presidential briefings to show his heavy and varied workload, as support for his defense that he was too overworked to testify accurately before the FBI (see October 14, 2003 and November 26, 2003) and Fitzgerald’s grand jury (see March 5, 2004 and March 24, 2004). Walton has already reminded Fitzgerald that he can dismiss the charges against Libby if he feels the upcoming trial will expose national security secrets. [MSNBC, 9/26/2006; Christy Hardin Smith, 9/27/2006]
Special counsel Patrick Fitzgerald files a status report in regards to defense requests for a wide array of classified documents and materials to be made available for the Libby trial (see December 14, 2005, January 9, 2006, January 23, 2006, January 31, 2006, (February 16, 2006), February 21, 2006, February 24, 2006, February 27, 2006, March 1, 2006, March 2-7, 2006, March 10, 2006, March 17, 2006, April 5, 2006, May 12, 2006, May 19, 2006, June 2, 2006, August 18, 2006, September 21, 2006, and September 22, 2006). Fitzgerald’s report indicates that he has presented the defense with redacted versions of many of the documents the lawyers have requested, and that he expects the defense to challenge some of the redactions. [US District Court for the District of Columbia, 10/18/2006 ]
Dr. Elizabeth Loftus. [Source: Injustice Busters (.org)]The Libby defense team presents a memory expert in a pre-trial hearing, but special counsel Patrick Fitzgerald dismantles her credibility and her expertise during the proceedings. Lewis Libby’s lawyers intend to argue that the pressure of his work during his stint as Vice President Dick Cheney’s chief of staff caused Libby to “misremember” conversations he had with reporters about former CIA official Valerie Plame Wilson (see January 31, 2006), and therefore he cannot be guilty of perjury or obstruction of justice (see October 28, 2005). Dr. Elizabeth Loftus, a professor of criminology and psychology at the University of California at Irvine, testifies in support of a motion by Libby’s lawyers that Dr. Robert Bjork, chairman of the UCLA psychology department, be allowed to testify in Libby’s defense during the actual trial (see July 31, 2006). For three hours, Fitzgerald conducts what MSNBC terms a “blistering” questioning session of Loftus, causing her to admit that some of her own findings about what juries know about memory are faulty, and that her own research may be flawed. [MSNBC, 10/26/2006; Jurist, 10/26/2006; Washington Post, 10/27/2006]
Uses Own Book to Disprove Claims - Fitzgerald quotes Loftus’s own book, Witness for the Defense, asking how she might try to sway a jury if she were to testify. Loftus had written that, “using my arsenal of subtle psychological tools” she could make an impression on a jury about her perception about guilt or innocence. Fitzgerald shows Loftus a line in her book that expressed doubts about research she had just cited on the stand as proof that Libby needs an expert to educate jurors. Loftus replies, “I don’t know how I let that line slip by.”
Loftus Admits Own Study Flawed - Loftus explains to Judge Reggie Walton that, according to a study she conducted in 2006, most jurors believe memory is like a “tape recorder,” a perception that many memory experts say is untrue. But, using material from Loftus’s study, Fitzgerald forces Loftus to admit that the study is most likely flawed, and that the answers some jurors provided in the study prove just the opposite of what Loftus claimed they said—that jurors can in fact use common sense to ascertain the effects of memory on witness testimony. Her study actually found that only 46 percent of jurors viewed memory as a “tape recorder” or “videotape.” [MSNBC, 10/26/2006; Washington Post, 10/27/2006]
Loftus's Memory Failure - Fitzgerald even catches Loftus in her own embarrasing memory failure; when Loftus insists she has never met Fitzgerald before, he reminds her that he had cross-examined her before, when she was a defense expert and he was prosecuting a case for the US Attorney’s office in New York. [Washington Post, 10/27/2006]
Judge Skeptical of Loftus - Walton is skeptical of Loftus throughout the hearing, and repeatedly questions her about her stance that jurors have trouble using “common sense” to determine the effect of memory on witness testimony. Fitzgerald wants Bjork’s testimony disallowed (see September 7, 2006), saying the testimony of such a memory expert would be “confusing, misleading, and prejudicial,” and would unnecessarily delay the proceedings. [MSNBC, 10/26/2006]
Former Prosecutor: Very 'Difficult to Trip Up an Expert Witness' - Former prosecutor Christy Hardin Smith, writing for the progressive blog FireDogLake, writes, “I cannot begin to tell you how difficult it is to trip up an expert witness on the stand, especially when you are doing cross-examination of someone who is considered to be a top expert in the field and who has had courtroom experience in prior cases for similar research material.” [Christy Hardin Smith, 10/27/2006] In November, the judge will disallow Bjork’s testimony (see November 2, 2006).
Lewis Libby’s defense team files three motions with the US District Court in Washington, asking Judge Reggie Walton to preclude evidence pertaining to the following:
that Libby improperly disclosed classified materials from the 2002 National Intelligence Estimate (NIE—see October 1, 2002) to reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003);
reporters’ opposition to testifying on First Amendment grounds, and reporter Judith Miller’s incarceration (see September 30, 2005 and October 12, 2005); and
outed CIA agent Valerie Plame Wilson’s employment status with the agency, and any actual or potential damage her exposure as a covert agent might have caused (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006). [US District Court for the District of Columbia, 10/30/2006 ; US District Court for the District of Columbia, 10/30/2006 ; US District Court for the District of Columbia, 10/30/2006 ]
Special counsel Patrick Fitzgerald files his own motion to preclude the defense from making much of the fact that other Bush administration officials also accused of leaking Plame Wilson’s identity to the press were not charged with crimes (see June 13, 2003, July 7, 2003, July 8, 2003, July 8, 2003, July 8 or 9, 2003, 11:00 a.m. July 11, 2003,8:00 a.m. July 11, 2003, 1:26 p.m. July 12, 2003, and July 15, 2005). “The fact that no other person was charged with a crime relating to the disclosure of classified information says absolutely nothing about whether defendant Libby is guilty of the charged crimes,” Fitzgerald writes. “It is improper for the jury to consider, or for counsel to suggest, that the decisions by the government not to charge additional crimes or defendants are grounds that could support an acquittal on the crimes charged in the indictment.” [US District Court for the District of Columbia, 10/30/2006 ] Fitzgerald is referring to, among others, former Deputy Secretary of State Richard Armitage, who was recently identified as the first administration official to leak Plame Wilson’s identity to a reporter (see September 7, 2006). [MSNBC, 10/30/2006] Author and blogger Marcy Wheeler observes that, in her opinion, Libby is trying to keep the trial jury from deliberating on the administration’s “partial declassification” of the 2002 NIE, does not want jurors to know that reporter Judith Miller felt Libby did not want her to testify against him (see September 15, 2005 and August 2005), and wants to keep the jury unaware that Plame Wilson was a covert CIA agent. [Marcy Wheeler, 10/31/2006]
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