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The Iraq-Niger Uranium Controversy and the Outing of CIA Agent Valerie Plame Wilson

Justice Department/FBI Investigation

Project: Events Leading Up to the 2003 Invasion of Iraq
Open-Content project managed by Derek, KJF, mtuck

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An examination of the events surrounding the US and British claims that Iraq tried to purchase ‘yellowcake’ uranium from Niger, and the outing of undercover CIA agent Valerie Plame Wilson as part of an attempt to discredit her husband, war critic Joseph Wilson.

Senator Charles Schumer (D-NY) asks FBI Director Robert Mueller to investigate the likelihood that “two senior members of the Bush administration made the identity of an undercover Central Intelligence Agency (CIA) operative public.” Schumer bases his request on news reports by, among others, columnist Robert Novak (see July 14, 2003) and Newsday (see July 21, 2003). Schumer writes that the exposure of CIA official Valerie Plame Wilson “was part of an apparent attempt to discredit [her husband, former ambassador Joseph] Wilson’s findings about potential uranium exports from Niger to Iraq and intimidate other officials from speaking their minds.” He reminds Mueller that “the unauthorized disclosure of information relating to the identity of an American intelligence official is a crime punishable by fines and up to 10 years in prison under the Intelligence Identities and Protection Act” (see July 16, 2003). He adds: “On Tuesday of this week, the White House denied that it had given any authorization to release such information on Ms. Plame. It is essential, therefore, that you discover source of this information because it would appear that a significant intelligence asset has been illegally compromised.” Schumer goes on to note: “By disclosing the identity of a reportedly senior undercover operative who is active in our nation’s fight against the proliferation of weapons of mass destruction (WMD), administration officials have possibly endangered Ms. Plame [Wilson] and her entire network of intelligence contacts in order to avoid political embarrassment. In the process, they may also have undermined our national security just as the specter of WMD threats from North Korea and Iran loom on the horizon. If the facts that have been reported publicly are true, it is clear that a crime was committed. The only questions remaining to be answered are who committed the crime and why? I request that you immediately launch an investigation to determine the source of this information and assess whether there is enough evidence to refer the matter for criminal prosecution.” [US Senate, 7/24/2003]

Entity Tags: Valerie Plame Wilson, Bush administration (43), Charles Schumer, Robert Novak, Federal Bureau of Investigation, Joseph C. Wilson, Intelligence Identities Protection Act, Robert S. Mueller III

Category Tags: Exposure of Plame Wilson, Gov't Involvement in Leak, DOJ/FBI Investigation

A CIA attorney calls the Justice Department’s chief of counterespionage to inform him that the CIA is investigating the identity leak of one of its officials, Valerie Plame Wilson (see July 14, 2003), as a possible breach of national security. The attorney leaves a message. Six days later, the CIA will alert Congress that it considers the leak a possible violation of criminal law, and it will so inform the Justice Department (see July 30, 2003). [Central Intelligence Agency, 1/30/2004 pdf file]

Entity Tags: Valerie Plame Wilson, Central Intelligence Agency, US Department of Justice

Category Tags: Exposure of Plame Wilson, Novak Outing of Plame Wilson, DOJ/FBI Investigation

The CIA requests that the Justice Department investigate the “outing” of one of its undercover agents, Valerie Plame Wilson. Plame Wilson was revealed as a CIA agent in a column by syndicated conservative columnist Robert Novak (see July 14, 2003). The CIA’s own Office of Security also opens an investigation. The FBI will handle the Justice Department’s investigation. [Central Intelligence Agency, 1/30/2004 pdf file] Novak’s “outing” of Plame Wilson may be a violation of the Intelligence Identities Protection Act, which makes it a crime to knowingly reveal the identity of an undercover intelligence agent (see July 16, 2003). [Dubose and Bernstein, 2006, pp. 214]

Entity Tags: Office of Security (CIA), Robert Novak, US Department of Justice, Valerie Plame Wilson, Central Intelligence Agency, Intelligence Identities Protection Act

Category Tags: Exposure of Plame Wilson, Gov't Involvement in Leak, Novak Outing of Plame Wilson, DOJ/FBI Investigation

The CIA informs the Justice Department that it has completed its internal investigation into the leak of CIA officer Valerie Plame Wilson’s identity to the media. It recommends that the FBI “initiate an investigation of this matter” (see September 26, 2003). [McClellan, 2008, pp. 178-179]

Entity Tags: US Department of Justice, Central Intelligence Agency, Federal Bureau of Investigation

Category Tags: Exposure of Plame Wilson, DOJ/FBI Investigation

The CIA submits a standard 11-part questionnaire to the Justice Department to determine whether an investigation of the Plame Wilson leak is warranted. Among the questions are: “whether the classified data disclosed is accurate”; “the extent of official dissemination of the data”; “whether the data has been the subject of prior official releases”; what effect disclosure has on national security; and “whether the material or portions thereof or enough background data has been published officially or in the press to make an educated speculation on the matter possible.” [Washington Post, 10/1/2003]

Entity Tags: Valerie Plame Wilson, Central Intelligence Agency, US Department of Justice

Category Tags: DOJ/FBI Investigation

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

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

Category Tags: Exposure of Plame Wilson, DOJ/FBI Investigation

Conservative columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column in July (see July 14, 2003), learns that the Justice Department is investigating the Plame Wilson leak (see July 30, 2003). Novak immediately calls his lawyer, Lester Hyman. Hyman and his law partner, James Hamilton, urge Novak not to publicly comment on the case. In 2006, Novak will write, “I have followed that advice for the most part.” [Human Events, 7/12/2006]

Entity Tags: Lester Hyman, James Hamilton, US Department of Justice, Robert Novak, Valerie Plame Wilson

Category Tags: Exposure of Plame Wilson, Novak Outing of Plame Wilson, DOJ/FBI Investigation, Media Responses and Participation

Shortly after the FBI launches its investigation into the Plame Wilson leak (see September 26, 2003), White House political strategist Karl Rove assures President Bush that he had no involvement in leaking Valerie Plame Wilson’s CIA identity to the press (see July 8, 2003 and 11:00 a.m. July 11, 2003). Rove also assures Bush that he had nothing to do with leaking information to the press concerning Plame Wilson’s husband, war critic Joseph Wilson. He does not tell Bush about his July 2003 conversation with Time magazine reporter Matthew Cooper, in which he identified Plame Wilson as a CIA agent, nor does he tell him that he told Cooper that Plame Wilson had arranged for her husband to go to Niger (see February 19, 2002, July 22, 2003, and October 17, 2003). According to a 2005 story in the National Journal, Rove will also fail to disclose this information in his upcoming interviews with FBI investigators. Because of Rove’s assurances, Bush will tell White House press secretary Scott McClellan that he vouches for Rove’s non-involvement in the Plame Wilson affair (see September 29, 2003), and will give special prosecutor Patrick Fitzgerald the same assurances (see June 24, 2004). [National Journal, 10/7/2005]

Entity Tags: Joseph C. Wilson, Federal Bureau of Investigation, George W. Bush, Matthew Cooper, Karl C. Rove, National Journal, Valerie Plame Wilson

Category Tags: Exposure of Plame Wilson, Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation, Fitzgerald Investigation

The day after reading a Washington Post article about the two White House sources who alerted reporters to Valerie Plame Wilson’s CIA identity (see September 28, 2003), former White House press secretary Ari Fleischer retains a lawyer. Fleischer knows he is one of the White House officials who disclosed Plame Wilson’s identy to reporters (see July 7, 2003, 8:00 a.m. July 11, 2003, and 1:26 p.m. July 12, 2003), and is therefore one of the White House sources referred to in the article. [Marcy Wheeler, 1/25/2007; FireDogLake, 1/25/2007] According to documents later filed with the government, after reading the article, Fleischer realized that he might end up facing legal charges. A government witness will later state: “And he realized, when there was an ongoing criminal investigation, I don’t want to put words in his mouth, but basically it was one of those moments when your heart goes in your throat, and you think, I could be in very big trouble here. And the following day he obtained legal counsel and began discussing with his attorney what kind of predicament he was in.” [US District Court for the District of Columbia, 1/27/2007]

Entity Tags: Bush administration (43), Ari Fleischer, Valerie Plame Wilson

Category Tags: Exposure of Plame Wilson, Gov't Involvement in Leak, DOJ/FBI Investigation

The Justice Department informs the CIA that its counterespionage section agrees with the agency’s recommendation for an investigation into the Plame Wilson leak (see September 16, 2003). The FBI is already investigating the leak (see September 26, 2003). In 2008, current White House press secretary Scott McClellan will write, “The clear implication was that there was good reason to believe a crime had been committed in the leak of Plame [Wilson]‘s name.” The Justice Department officially informs the White House later this evening. [McClellan, 2008, pp. 179]

Entity Tags: Central Intelligence Agency, US Department of Justice, Scott McClellan, Federal Bureau of Investigation

Category Tags: Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation

Columnist Robert Novak, who revealed the secret CIA identity of Valerie Plame Wilson to the public (see July 14, 2003) after learning of her identity from White House officials Richard Armitage (see June 13, 2003) and Karl Rove (see July 8, 2003), calls Rove three days after the Justice Department announced that the CIA had asked it to investigate the source of the Plame Wilson leak (see September 26, 2003). Novak assures Rove that he will protect him from being harmed by the investigation. The conversation between Novak and Rove will later be revealed during statements given to the FBI (see October 8, 2003). Attorney General John Ashcroft will later be told by the FBI that it suspected Rove and Novak of colluding to concoct a cover story to protect Rove (see October and November 2003). Rove will later testify that during the conversation, Novak tells him, “You are not going to get burned,” and, “I don’t give up my sources.” According to Rove, Novak also refers to a 1992 incident in which Rove was fired from the Texas gubernatorial campaign of George W. Bush after the campaign learned that he had been the source for a Novak column criticizing the campaign’s inner workings. Novak assures Rove that nothing like that will happen now. “I’m not going to let that happen to you again,” Novak tells Rove. Rove will testify that he believes Novak means that he will say Rove was not a source for the Plame Wilson information—in essence, that Novak would lie about Rove’s involvement. Rove will call their conversation “curious,” and say he was unsure what to make of it. In 2006, Washington lawyer Stanley Brand says that for potential witnesses to discuss a case with one another “raises the inference that they are comparing each other’s recollections and altering or shaping each other’s testimony.… [There is a] thin line between refreshing each other’s recollections… and suborning someone to lie under oath.” Journalism professor Mark Feldstein will later say that Novak may have stretched the boundaries of journalistic ethics, or broken them entirely, by contacting Rove after the criminal investigation had been announced. “A journalist’s natural instinct is to protect his source,” Feldstein will say. “Were there no criminal investigation, it would have been more than appropriate for a reporter to say to a source, ‘Don’t worry, I’m not going to out you.’ But if there is a criminal investigation under way, you can’t escape the inference that you are calling to coordinate your stories. You go very quickly from being a stand-up reporter to impairing a criminal investigation.” A close friend of Rove’s will say in 2006 that he doubts either Rove or Novak will ever change their stories and testify against the other, regardless of the evidence or the truth of the matter. “These are two people who go way back, and they are going to look out for each other,” the friend says. [National Journal, 5/25/2006]

Entity Tags: US Department of Justice, John Ashcroft, Karl C. Rove, Mark Feldstein, Valerie Plame Wilson, Stanley Brand, Robert Novak

Timeline Tags: Domestic Propaganda

Category Tags: Exposure of Plame Wilson, Gov't Involvement in Leak, Novak Outing of Plame Wilson, DOJ/FBI Investigation, Media Responses and Participation

White House counsel Alberto Gonzales waits 12 hours after receiving formal notification of the FBI’s investigation of the Valerie Plame Wilson identity leak (see September 26, 2003) to formally notify the White House staff of the investigation, including notifying the staff of the Justice Department’s orders not to destroy documents related to the investigation (see September 30, 2003). Senator Charles Schumer (D-NY) and other Democrats are angered by the delay. “Every good prosecutor knows that any delay could give a culprit time to destroy the evidence,” Schumer says. [New York Times, 9/30/2003]
DOJ Says Permissible to Wait - According to a later narrative by White House press secretary Scott McClellan, Gonzales asks the Justice Department if he should inform the White House about the investigation with a formal letter that same evening, or if it would be acceptable to wait until the next morning. The next morning would be fine, the Justice Department says. Gonzales informs the senior staff of the investigation at 7:30 a.m., during the morning meeting. He tells the officials to tell their respective staffs to preserve “all materials that may be related” to the leak, and adds, “The president has directed that we fully cooperate with this investigation.” Gonzales says he will e-mail all White House staff at 8:30 a.m. with specific instructions. [McClellan, 2008, pp. 213-214]
Text of E-Mail - Gonzales sends the following e-mail above his signature: “PLEASE READ: Important Message From Counsel’s Office. We were informed last evening by the Department of Justice that it has opened an investigation into possible unauthorized disclosures concerning the identity of an undercover CIA employee. The department advised us that it will be sending a letter today instructing us to preserve all materials that might be relevant to its investigation. Its letter will provide more specific instructions on the materials in which it is interested, and we will communicate those instructions directly to you. In the meantime, you must preserve all materials that might in any way be related to the department’s investigation. Any questions concerning this request should be directed to Associate Counsels Ted Ullyot or Raul Yanes in the Counsel to the President’s office. The president has directed full cooperation with this investigation.” [Alberto R. Gonzales, 9/30/2003]

Entity Tags: US Department of Justice, Valerie Plame Wilson, Charles Schumer, Bush administration (43), Alberto R. Gonzales, Federal Bureau of Investigation, Scott McClellan

Category Tags: Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation

Senate Democrats attempt to pass a non-binding resolution asking Attorney General John Ashcroft to name a special counsel to investigate the Plame Wilson leak, but Republicans squelch the resolution on procedural grounds. Senator Charles Schumer (D-NY), the sponsor of the resolution, says, “This is not just a leak; this is a crime, plain and simple” and deserves an independent inquiry. Democrats say the Justice Department has an inherent conflict of interest in investigating the White House; they note that top Bush strategist Karl Rove, who has been accused of having a role in the leak, once was a consultant to Ashcroft. [Washington Post, 10/1/2003] US Attorney Patrick Fitzgerald will be named as special counsel for the investigation (see December 30, 2003).

Entity Tags: John Ashcroft, Charles Schumer, US Department of Justice, Valerie Plame Wilson, Karl C. Rove

Category Tags: Gov't Involvement in Leak, DOJ/FBI Investigation, Fitzgerald Investigation

Shortly after sending an e-mail to White House employees informing them of the FBI’s Plame Wilson investigation (see September 29-30, 2003), White House counsel Alberto Gonzales sends a second, more specific e-mail with instructions on saving any documents or materials that might be pertinent to that investigation. Gonzales writes: “This communication is a follow-up to the directive I sent you this morning regarding the preservation of certain materials in the possession of the White House, its staff, or its employees. Pursuant to a request from the Department of Justice, I am instructing you to preserve and maintain the following: [F]or the time period February 1, 2002 to the present, all documents, including without limitation all electronic records, telephone records of any kind (including but not limited to any records that memorialize telephone calls having been made), correspondence, computer records, storage devices, notes, memoranda, and diary and calendar entries, that relate in any way to:
bullet “1. Former US Ambassador Joseph C. Wilson, his trip to Niger in February 2002, and/or his wife’s purported relationship with the Central Intelligence Agency;
bullet “2. Contacts with any member or representative of the news media about Joseph C. Wilson, his trip to Niger in February 2002, and/or his wife’s purported relationship with the Central Intelligence Agency; and
bullet “3. Contacts with reporters Knut Royce, Timothy M. Phelps, or Robert D. Novak, or any individual(s) acting directly or indirectly, on behalf of these reporters.
“You must preserve all documents relating, in any way, directly or indirectly, to these subjects, even if there would be a question whether the document would be a presidential or federal record or even if its destruction might otherwise be permitted. If you have any questions regarding any of the foregoing, please contact associate counsels Ted Ullyot or Raul Yanes in the counsel to the president’s office.” [Alberto R. Gonzales, 9/30/2003]

Entity Tags: Robert Novak, Bush administration (43), Alberto R. Gonzales, Central Intelligence Agency, Knut Royce, Timothy Phelps, Valerie Plame Wilson, Joseph C. Wilson, US Department of Justice

Category Tags: Exposure of Plame Wilson, Gov't Cover-Up of Leak, Gov't Involvement in Leak, Joseph Wilson's Criticism, Novak Outing of Plame Wilson, DOJ/FBI Investigation

In conjunction with its directive for the White House to turn over all documents and communications relating to the Plame Wilson investigation (see September 26, 2003 and September 29-30, 2003), the Justice Department asks the Central Intelligence Agency, State Department, and Defense Department not to destroy records that might be connected to the investigation, and to have them ready to turn over to the Justice Department upon request. [New York Times Magazine, 10/10/2003]

Entity Tags: Central Intelligence Agency, Bush administration (43), US Department of Justice, US Department of State, US Department of Defense

Category Tags: Exposure of Plame Wilson, DOJ/FBI Investigation

The FBI publicly acknowledges that it has opened an investigation into the Valerie Plame Wilson identity leak (see September 26, 2003). The White House directs its staff to fully cooperate with the investigation (see September 29-30, 2003). President Bush tells the press: “If there is a leak out of my administration, I want to know who it is. And if the person has violated the law, he will be taken care of.” [New York Times, 9/30/2003; New York Times, 2006] (In White House press secretary Scott McClellan’s later recollection, “he’d made clear that if anyone in his administration had been responsible for the leak, he or she would have to leave.”) [McClellan, 2008, pp. 216] Bush says there are “just too many leaks” from both the White House and Congress. The Justice Department instructs the White House, through White House counsel Alberto Gonzales, to preserve all records relating to the case, including any involving contacts with columnist Robert Novak (who first publicly outed Plame Wilson—see July 14, 2003), and two Newsday reporters, Timothy Phelps and Knut Royce (see September 30, 2003). Phelps and Royce wrote a July 2003 article claiming that “intelligence officials” had confirmed and expanded on Novak’s identification of Plame Wilson, and stated that Plame Wilson worked for the CIA in “an undercover capacity” (see July 21, 2003). Bush tells reporters that he is “absolutely confident that the Justice Department will do a very good job” of investigating the case, indicating that he will not support calls for an outside special counsel to take over the probe. The Justice Department has not ruled out asking for a special counsel, though Attorney General John Ashcroft says his department is more than capable of handling the investigation itself. Democrats say that Ashcroft’s Justice Department should not conduct any such investigation because of Ashcroft’s close connections to White House personnel who may be involved in the leak, such as White House political adviser Karl Rove. At a fundraising luncheon, Bush indirectly dismisses the controversy over the Plame Wilson outing as part of the “needless partisan bickering that dominates the Washington, DC, landscape.” A Republican source close to the White House tells the New York Times that the investigation will blow over within a matter of days. “The general view inside the White House among senior staff is that this is going to create a few rocky political days, that it’s mainly the Democrats pushing it and that if all the Republicans stay on board, the story goes away,” the source says. [New York Times, 9/30/2003; New York Times, 2006] Plame Wilson’s husband, former ambassdor Joseph Wilson, will later call this an “absurdly broad net, as there were only a very small number of people in the administration whose responsibilities overlap the national security and the political arenas, the best pool of possible suspects in which to start looking.” Wilson will note, “If the president really wanted to ‘come to the bottom of this,’ as he claimed to reporters on October 7 (see October 7, 2003), he could have acted like the strong chief executive he claims to be and brought his senior people into a room and demanded that they produce the leaker.” [Wilson, 2004, pp. 399]

Entity Tags: Joseph C. Wilson, Federal Bureau of Investigation, Bush administration (43), Alberto R. Gonzales, John Ashcroft, Valerie Plame Wilson, US Department of Justice, Timothy Phelps, Scott McClellan, Knut Royce, Robert Novak, Karl C. Rove, George W. Bush

Category Tags: Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation

According to anonymous White House sources, the Bush administration is using a two-track political strategy to counter fallout from the Plame Wilson investigation. White House officials are encouraging Republicans to attack the credibility and impartiality of Joseph Wilson, the husband of outed CIA agent Valerie Plame Wilson, and portray him as a partisan Democrat with a bent towards smearing the administration; the Republicans are also being encouraged to portray Democrats as politically driven scandalmongers hoping to use the investigation to influence the 2004 presidential election. Simultaneously, White House officials, in conjunction with Republican leaders on Capitol Hill, are scrambling to ensure that no Congressional Republicans break ranks and call for an independent inquiry into the leak that would not fall under the direct control of the Justice Department. The White House is resisting Democratic calls for an independent special counsel to handle the investigation (see October 1, 2003). One Republican Congressional aide calls the strategy “slime and defend,” referring to the White House’s attempt to besmirch Wilson’s motivations and simultaneously shore up Republican support. The strategy seems to be working, the aide says: “So far so good. There’s nervousness on the part of the party leadership, but no defections in the sense of calling for an independent counsel.” A Republican National Committee memo distributed to Congressional Republicans gives one suggested talking point on attacking Democrats: “Lacking a positive issue agenda to offer the American people, the Democratic Party now returns to what they have long seen as their best opportunity to defeat President Bush and Republicans—scandalmongering.” House Republicans are passing out white paper bags labeled “Leak Hyperventilation Bag,” explaining that the bags are for Democrats who might be having trouble catching their breath over the subject. House Democrats have canceled a planned closed-door meeting with Wilson, fearing that they might be accused of playing politics on the investigation. The White House is closely monitoring five Congressional Republicans known for having something of an independent streak: Senators John McCain (R-AZ), Richard Lugar (R-IN), Chuck Hagel (R-NE), and John Warner (R-VA), and Representative Porter Goss (R-FL). The White House is working to keep these five, in particular, in line with its desired responses. [New York Times, 10/1/2003]

Entity Tags: Richard Lugar, Bush administration (43), Chuck Hagel, John McCain, John W. Warner, Joseph C. Wilson, Valerie Plame Wilson, Porter J. Goss, Republican National Committee

Category Tags: Gov't Attempts to Discredit Wilson, Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation, Fitzgerald Investigation

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

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

Category Tags: Gov't Cover-Up of Leak, Gov't Involvement in Leak, Novak Outing of Plame Wilson, DOJ/FBI Investigation, Media Responses and Participation

Deputy Secretary of State Richard Armitage, re-reading the July 14, 2003 column by conservative columnist Robert Novak that outed covert CIA officer Valerie Plame Wilson (see July 14, 2003) and Novak’s current column about the leak October 1, 2003), realizes that he was one of Novak’s sources (see July 8, 2003). In Armitage’s words, Novak wrote that he learned of Plame Wilson’s identity from “a non-partisan gun slinger.” Armitage calls his boss, Secretary of State Colin Powell, and says, “I’m sure that was me.” He tells the FBI investigators probing the leak of Plame Wilson’s identity of his role in outing the agent. “I told them that I was the inadvertent leak,” Armitage will admit in 2006. But he does not hire a lawyer. He will explain, “First of all, I felt so terrible about what I’d done that I felt I deserved whatever was coming to me. And secondarily, I didn’t need an attorney to tell me to tell the truth. I was already doing that. I was not intentionally outing anybody.” [CBS News, 9/7/2006] Within hours, William Howard Taft IV, the State Department’s legal adviser, notifies a senior Justice Department official that Armitage has information relevant to the Plame Wilson investigation (see September 26, 2003). Armitage will discuss the matter with FBI investigators the next day (see October 2, 2003). [Newsweek, 9/4/2006]

Entity Tags: William Howard Taft IV, US Department of State, US Department of Justice, Richard Armitage, Federal Bureau of Investigation, Colin Powell, Valerie Plame Wilson, Robert Novak

Category Tags: Exposure of Plame Wilson, DOJ/FBI Investigation

The Bush administration, prodded by polls showing that over 70 percent of Americans believe that someone in the White House leaked Valerie Plame Wilson’s CIA status to the press and almost that number is in favor of a special prosecutor to head an investigation, modifies its approach to its denials of involvement. According to the Washington Post, White House officials no longer proclaim the innocence of everyone employed by the executive branch, but now say that it is possible someone disclosed Plame Wilson’s identity without realizing that they were exposing a covert operative, and therefore no crime was committed. The first Congressional Republican to speak out against the administration’s handling of the issue is Senator Chuck Hagel (R-NE), who says that President Bush “needs to get this behind him” by taking a more active role. “He has that main responsibility to see this through and see it through quickly, and that would include, if I was president, sitting down with my vice president and asking what he knows about it,” Hagel says. Meanwhile, administration supporters outside the White House are stepping up their counteroffensive, telling reporters that the White House is fully cooperating with the Justice Department investigation and that the real story is Plame Wilson’s husband, Joseph Wilson, who is making “rash statements” denigrating the administration. Press secretary Scott McClellan is no longer denying a White House effort to discredit Wilson, a critic of the administration, but now tells reporters that the only issue “is whether or not someone leaked classified information.… I’m drawing a line here. I’m not going to play the game of going down other rabbit trails.” The White House has repeatedly insisted that it has no intention of appointing a special counsel to handle the investigation; critics say that Attorney General John Ashcroft’s Justice Department cannot lead an impartial probe. [Washington Post, 10/2/2003]

Entity Tags: Scott McClellan, Bush administration (43), Chuck Hagel, John Ashcroft, George W. Bush, US Department of Justice, Joseph C. Wilson, Valerie Plame Wilson

Category Tags: Gov't Attempts to Discredit Wilson, Gov't Cover-Up of Leak, Gov't Involvement in Leak, Joseph Wilson's Criticism, DOJ/FBI Investigation

Deputy Secretary of State Richard Armitage, having told State Department officials that he was one of the sources for Robert Novak’s July 2003 outing of CIA official Valerie Plame Wilson (see October 1, 2003), is questioned by FBI agents investigating the leak of Plame Wilson’s identity. Armitage admits to passing along classified information to columnist Robert Novak that identified Plame Wilson as a CIA official working on WMD issues (see June 10, 2003). According to a 2006 Newsweek article, the three State Department officials who know of Armitage’s involvement—Secretary of State Colin Powell, State Department counsel William Howard Taft IV, and Armitage himself—do not take the story public, and Armitage’s role remains secret. [Newsweek, 9/4/2006]

Entity Tags: Valerie Plame Wilson, Colin Powell, Federal Bureau of Investigation, Richard Armitage, William Howard Taft IV, Robert Novak, US Department of State

Category Tags: Exposure of Plame Wilson, Novak Outing of Plame Wilson, DOJ/FBI Investigation

Three days after sending e-mails to White House employees specifying how they should cooperate in the FBI’s investigation of the Plame Wilson leak (see September 29-30, 2003) and September 30, 2003), White House counsel Alberto Gonzales sets deadlines for those employees to turn over information pursuant to that investigation. Gonzales sends an e-mail saying in part: “On September 30, 2003, you received two memoranda from me directing you to preserve and maintain certain documents. In a letter received yesterday evening, the Department of Justice has requested that we provide those documents to prosecutors and FBI agents assigned to this investigation. To ensure compliance with the time deadlines imposed by the Department of Justice, you are directed to provide to the Counsel’s Office, by no later than 5 p.m. on October 7, 2003, copies of the following documents, created during the time period February 1, 2002, through September 30, 2003, inclusive:
bullet “1. All documents that relate in any way to former US Ambassador Joseph C. Wilson, his trip to Niger in February 2002, or his wife’s purported relationship with the Central Intelligence Agency; and
bullet “2. All documents that relate in any way to a contact with any member or representative of the news media about Joseph C. Wilson, his trip to Niger in February 2002, or his wife’s purported relationship with the Central Intelligence Agency; and
bullet “3. All documents that relate in any way to a contact with any or all of the following: reporters Knut Royce, Timothy M. Phelps, or Robert D. Novak, or any individual(s) acting directly or indirectly on behalf of them.
“For purposes of this memorandum, the term ‘documents’ includes ‘without limitation all electronic records, telephone records of any kind (including but not limited to any documents that memorialize telephone calls having been made), correspondence, computer records, storage devices, notes, memoranda, and diary and calendar entries’ in the possession of the Executive Office of the President, its staff, or its employees, wherever located, including any documents that may have been archived in Records Management. However, at this time, you do not need to provide to Counsel’s Office copies of the following, provided that they have not been marked upon in any way and are not accompanied by any notes or other commentary: (a) press clips or articles, whether in hard copy or e-mail or electronic form, or (b) either of the two memoranda I sent on September 30, 2003, regarding document preservation.” Gonzales attaches a compliance certification that must be completed and returned by 5 p.m. October 7, 2003. The compliance certification includes the following paragraph: “I further understand that this certification is for purposes of a federal criminal investigation and that intentional false statements may result in criminal penalties or other sanctions.” [Alberto R. Gonzales, 10/3/2003] In 2006, the media will learn that Gonzales withheld e-mails from the FBI that may have proven criminal complicity on the parts of senior White House officials, including Vice President Dick Cheney (see February 15, 2006).

Entity Tags: Knut Royce, Bush administration (43), Alberto R. Gonzales, Central Intelligence Agency, Joseph C. Wilson, Timothy Phelps, Robert Novak, Valerie Plame Wilson, Federal Bureau of Investigation

Category Tags: Exposure of Plame Wilson, Gov't Cover-Up of Leak, Gov't Involvement in Leak, Novak Outing of Plame Wilson, DOJ/FBI Investigation

A retyped version of Libby’s handwritten note suggesting what McClellan should say to reporters.A retyped version of Libby’s handwritten note suggesting what McClellan should say to reporters. [Source: US District Court for the District of Columbia / Think Progress]Lewis Libby, the chief of staff for Vice President Dick Cheney who is suspected of leaking CIA official Valerie Plame Wilson’s identity to the press (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003), implores Cheney to have press secretary Scott McClellan publicly exonerate him. In a note whose contents will later be made public during the runup to Libby’s perjury trial (see October 28, 2005 and January 16-23, 2007), Libby suggests what McClellan should say to the press:
bullet “People have made too much of the difference in
bullet “How I described Karl and Libby
bullet “I’ve talked to Libby.
bullet “I said it was ridiculous about Karl
bullet “And it is ridiculous about Libby.
bullet “Libby was not the source of the Novak story.
bullet “And he did not leak classified information.” [Think Progress, 4/6/2006; US District Court for the District of Columbia, 4/5/2009 pdf file]
Cheney will write a note recommending Libby’s public exoneration (see October 4, 2003). McClellan will use much of Libby’s wording in his statement to the press (see October 4, 2003 and October 4, 2003).

Entity Tags: Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Scott McClellan

Category Tags: Exposure of Plame Wilson, Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation, Media Responses and Participation

Cheney’s original ‘meat grinder’ note.Cheney’s original ‘meat grinder’ note. [Source: Office of the Vice President / FireDogLake]Vice President Dick Cheney writes a note, later dubbed the “meat grinder” note, saying that the Bush administration should tell reporters that his chief of staff, Lewis Libby, should be issued a denial of involvement in the Plame Wilson leak, just as White House political strategist Karl Rove has received (see September 29, 2003). The note reads: “Has to happen today. Call out to key press saying same thing about Scooter as Karl. Not going to protect one staffer & sacrifice the guy the Pres [the words “the Pres” are scratched out] that was asked to stick his neck in the meat grinder because of the incompetence of others—” The rest of the note contains talking points for the denial. It is unclear if the note is for Cheney’s own reference or intended for someone else [Office of the Vice President, 10/4/2003; Marcy Wheeler, 6/9/2008] , though Cheney has received a request from Libby that he be publicly exonerated (see Before October 4, 2003). The same day, White House chief of staff Andrew Card asks press secretary Scott McClellan to issue a denial on behalf of Libby (see October 4, 2003). McClellan complies (see October 4, 2003).

Entity Tags: Lewis (“Scooter”) Libby, Andrew Card, Karl C. Rove, Richard (“Dick”) Cheney, Scott McClellan

Category Tags: Exposure of Plame Wilson, Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation

Conservative columnist Robert Novak, who outed Valerie Plame Wilson’s covert CIA status in a column in July (see July 14, 2003), is interviewed by FBI agents regarding the Plame Wilson leak. The interview takes place in the offices of Swidler Berlin, a law firm that is representing Novak. Novak’s attorneys, Lester Hyman and James Hamilton, have advised Novak that he has no certain constitutional basis to refuse to obey a grand jury subpoena, and that to do so could mean imprisonment and, Novak will later write, “inevitably result in court decisions that would diminish press freedom, all at heavy personal legal costs.” Novak discloses how he learned of Plame Wilson’s identity (see July 8, 2003), but, he will write, “the FBI did not press me to disclose my sources.” [Human Events, 7/12/2006]

Entity Tags: Valerie Plame Wilson, Federal Bureau of Investigation, Swidler Berlin, James Hamilton, Robert Novak, Lester Hyman

Timeline Tags: Domestic Propaganda

Category Tags: Exposure of Plame Wilson, Novak Outing of Plame Wilson, DOJ/FBI Investigation, Media Responses and Participation

White House press secretary Scott McClellan reiterates the White House’s stance that three senior aides—deputy chief of staff Karl Rove, Vice President Dick Cheney’s chief of staff Lewis “Scooter” Libby, and National Security Council official Elliott Abrams—bear no responsibility for leaking the identity of covert CIA official Valerie Plame Wilson to the press. McClellan has already made the same assurances before (see September 29, 2003 and October 4, 2003). During a press briefing, he is asked: “Scott, you have said that you personally went to Scooter Libby, Karl Rove, and Elliott Abrams to ask them if they were the leakers. Is that what happened? Why did you do that? And can you describe the conversations you had with them? What was the question you asked them?” McClellan replies: “Yes, unfortunately, in Washington, DC, at a time like this, there are a lot of rumors and innuendo. There are unsubstantiated accusations that are made. And that’s exactly what happened in the case of these three individuals. They’re good individuals. They’re important members of our White House team. And that’s why I spoke with them, so that I could come back to you and say that they were not involved. I had no doubt with that, in the beginning (see October 4, 2003), but I like to check my information to make sure it’s accurate before I report back to you. And that’s exactly what I did.” A reporter asks: “You’re saying, categorically, those three individuals were not the leakers or did not authorize the leaks. Is that what you’re saying?” McClellan responds: “That’s correct. I have spoken with them.” A reporter then asks, “Did the president direct you to check with those individuals and get—to find out if they were the leaker?” McClellan refuses to answer directly, but says that President Bush “wants… to get to the bottom of this matter, the sooner the better,” and touts the White House’s “full cooperation” with the Justice Department investigation. Asked the same question again, McClellan again emphasizes the White House’s cooperation with the investigation, and adds, “I think part of cooperating fully is looking into these unsubstantiated accusations that were made to make it clear to everybody that those individuals are not involved.” He gives a similar answer when asked if Bush wants someone “to individually poll senior staff members to find out who the leaker is,” and adds that no one in the White House has any more information on the matter than has been made available in the media—a blanket, if indirect, denial of any White House involvement. McClellan also notes that it would be “premature” to speculate if the White House will claim executive privilege to keep any information out of the investigation (see October 7, 2003). [Washington Transcript Service, 10/7/2003]

Entity Tags: Karl C. Rove, Bush administration (43), Elliott Abrams, Lewis (“Scooter”) Libby, George W. Bush, US Department of Justice, Scott McClellan, Valerie Plame Wilson

Category Tags: Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation

White House officials scramble to meet the 5 p.m. deadline for submitting all documents, e-mails, and other materials that might be relevant to the FBI’s investigation of the outing of CIA officer Valerie Plame Wilson (see October 3, 2003). The White House counsel’s office, headed by Alberto Gonzales, says it will review all submitted materials before turning them over to the Justice Department, and may withhold those it deems irrelevant, perhaps asserting executive privilige or national security concerns. Democrats such as Senator Charles Schumer (D-NY) say this arrangement is unacceptable, and gives Gonzales undue control over potential evidence in such an important case. “I am very troubled by the fact that the White House counsel seems to be a gatekeeper, and I want to know what precautions Justice is taking to ensure that it gets all relevant information from the administration,” Schumer says. Government officials say the White House will begin turning over the most immediately relevant documents very soon, but the Justice Department will not get all the records for a week or more. The White House is operating under a schedule mutually agreed upon by both White House and Justice Department officials. [Washington Post, 10/8/2003]

Entity Tags: Valerie Plame Wilson, Alberto R. Gonzales, Bush administration (43), US Department of Justice, Charles Schumer

Category Tags: Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation

White House political strategist Karl Rove testifies under oath to FBI investigators probing the Plame Wilson identity leak (see September 26, 2003). Rove says he did not speak to any journalists about Valerie Plame Wilson until after columnist Robert Novak outed her in his column (see July 14, 2003). Instead, Rove says, he circulated and discussed potentially damaging information about Plame Wilson with his colleagues within the White House as well as with outside political consultants and journalists. But he insists he was not the official who leaked Plame Wilson’s name to Novak. He only circulated that information about her after Novak’s column appeared, he says. He also claims that such dissemination was a legitimate means to counter criticism from Plame Wilson’s husband, Joseph Wilson.
Lying under Oath - Rove is lying about his role in the exposure of Plame Wilson to Novak and other journalists (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003). Rove and his lawyer, Robert Luskin, will later claim that Rove “forgot” about his discussions with at least one of the above journalists, Time’s Matthew Cooper, until he found an e-mail confirming their conversation (see After 11:07 a.m. July 11, 2003 and March 1, 2004). For reasons that are unclear, the e-mail in question does not turn up in an initial search for all documents and materials pertaining to the FBI investigation (see September 29-30, 2003). Additionally, Rove’s assistant, Susan Ralston, will later testify that Rove asked her not to log the call from Cooper (see July 29, 2005). [American Prospect, 3/8/2004; Raw Story, 10/31/2005; CounterPunch, 12/9/2005; National Journal, 5/25/2006]
Fails to Disclose 'Protection' Conversation with Reporter - Rove also fails to disclose a conversation with Novak, in which Novak promised to “protect” him during the investigation (see September 29, 2003). Rove was a source for Novak, who revealed Plame Wilson’s identity in his column (see July 14, 2003). [National Journal, 5/25/2006]
Claims to Have Learned Plame Wilson Identity from Reporter - During his testimony, Rove claims that he learned of Plame Wilson’s identity from a reporter, though he cannot remember who that reporter was. [American Prospect, 7/19/2005]
Discloses Names of Six White House Participants in Wilson Smear Campaign - Rove tells the FBI the names of at least six other White House officials involved in the smear campaign against Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). He says he and his fellow White House officials believed the campaign was justified by Wilson’s “partisan” attacks on the White House’s Iraq policies. [American Prospect, 3/8/2004]

Entity Tags: Joseph C. Wilson, Federal Bureau of Investigation, Robert Luskin, Bush administration (43), Robert Novak, Karl C. Rove, Matthew Cooper, Valerie Plame Wilson

Category Tags: Exposure of Plame Wilson, Gov't Involvement in Leak, Novak Outing of Plame Wilson, DOJ/FBI Investigation, Media Responses and Participation

White House press secretary Scott McClellan prepares for his upcoming questioning by FBI agents by talking to White House chief counsel Alberto Gonzales and the vice president’s chief legal adviser, David Addington. “This is not like being the White House spokesman,” Addington reminds McClellan, and advises him to “answer questions completely and openly, as opposed to only the limited information you might share as a spokesman.” McClellan will call Addington’s advice “no surprise,” but still “helpful.” He readily agrees to both Gonzales’s and Addington’s suggestions to have “someone from their office to sit in on any conversations I might have with the FBI,” even though he realizes “this would also be a convenient way for them to keep tabs on the investigation and any possible fallout for the president.” [McClellan, 2008, pp. 221-222]

Entity Tags: Alberto R. Gonzales, Scott McClellan, Federal Bureau of Investigation, David S. Addington

Category Tags: Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation

Frank Lautenberg, one of the Senate Democrats critical of the White House’s response to the leak investigation.Frank Lautenberg, one of the Senate Democrats critical of the White House’s response to the leak investigation. [Source: Washington Post]Congressional Democrats question whether President Bush and White House officials are trying to influence the Plame Wilson leak investigation through their comments. Recently, Bush told reporters that he doubted the person or persons who leaked CIA agent Valerie Plame Wilson’s identity to the press would ever be identified (see October 7, 2003). While administration officials say Bush was just acknowledging the difficulties such an investigation presents, Senator Frank Lautenberg (D-NJ) says his comments threaten to undermine the investigation by lowering expectations. “If the president says, ‘I don’t know if we’re going to find this person,’ what kind of a statement is that for the president of the United States to make?” Lautenberg asks. “Would he say that about a bank-robbery investigation? He should be as indignant as everybody else is over this breach.” Bush, says Lautenberg, “certainly seems far less certain about finding the leaker than he is about finding Osama bin Laden or Saddam Hussein.” Plame Wilson’s husband Joseph Wilson agrees. “This goes far beyond someone identifying my wife,” he says. “This was a breach of public trust, and I would think it would behoove the president to ensure that the appropriate assets are devoted to identifying the leaker.” In contrast, White House press secretary Scott McClellan says that criticism of the investigation “appear[s] to be more about politics than about getting to the bottom of the investigation.” Democrats are also critical of the White House’s vocal opposition to the appointment of a special prosecutor to handle the investigation. And they question McClellan’s recent attempts to exonerate three administration officials—Karl Rove, Lewis Libby, and Elliott Abrams—from any responsibility for the leak (see October 4, 2003 and October 5, 2003). In a letter to Bush, four Democratic senators—Tom Daschle (D-SD), Carl Levin (D-MI), Joseph Biden (D-DE), and Charles Schumer (D-NY)—write that McClellan’s assurances are part of an overall pattern of missteps and errors surrounding the White House’s response to the leak investigation. McClellan lacks the legal expertise to question possible suspects, they note. “The White House has now put the Justice Department in the position of having to determine not only what happened, but also whether to contradict the publicly stated position of the White House,” the senators write. Justice Department spokesman Mark Corallo says that anything White House officials say has “nothing to do with this investigation. The investigation will follow the facts.” [New York Times Magazine, 10/10/2003]

Entity Tags: George W. Bush, Charles Schumer, Carl Levin, Bush administration (43), Valerie Plame Wilson, Frank R. Lautenberg, US Department of Justice, Scott McClellan, Joseph Biden, Joseph C. Wilson, Elliott Abrams, Lewis (“Scooter”) Libby, Mark Corallo, Tom Daschle, Karl C. Rove

Category Tags: Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation

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

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

Category Tags: DOJ/FBI Investigation

Many legal experts are highly critical of President Bush’s recent declaration that the identity of the leaker of Valerie Plame Wilson’s CIA identity may never be known (see October 7, 2003), and the White House’s declaration that three senior aides—Karl Rove, Lewis Libby, and Elliott Abrams—are not responsible for the leak (see October 4, 2003 and October 5, 2003). They echo criticisms leveled by Senate Democrats, who say that such declarations undermine the investigation into the leak (see October 10, 2003). Not only do such statements call into question the independence of the Justice Department investigation (see September 26, 2003), the experts say, but the propriety of attempting to clear top officials before the investigation has concluded is equally questionable. Law professor Mary Cheh calls such statements “quite irregular” and says that they could have a chilling effect on the investigation. “It will take someone of considerable fortitude [in the Justice Department] to look past such statements” and investigate any of the officials, she notes. Abner Mikva, former White House counsel to President Clinton, says that despite the White House’s assurances that the three officials are innocent: “I would hope that the Justice Department will do whatever it is supposed to do anyway. But does it have a chilling effect? Sure it does.” Defense lawyer Jeralyn Merritt says if Bush claims not to know the identity of the leaker, neither he nor any White House officials can rule out the involvement of any of their personnel. “I think a special counsel would be an excellent idea,” she says. Law professor Stephen Gillers says White House press secretary Scott McClellan has no way to know if any of the three officials are innocent or guilty. If any of them are guilty, Gillers notes, they can be expected to go to great lengths to keep their participation secret. Gillers also says that Bush appears to be soft-pedaling the investigation by publicly doubting its effectiveness, even if most leak investigations do not yield the name of the leaker. Cheh says the only way the Justice Department can conduct a fair and independent investigation is if the White House ensures that the investigators are “walled off” from political considerations. [Chicago Tribune, 10/10/2003]

Entity Tags: Lewis (“Scooter”) Libby, Elliott Abrams, Abner Mikva, George W. Bush, Karl C. Rove, Scott McClellan, Jeralyn Merritt, Valerie Plame Wilson, Stephen Gillers, US Department of Justice, Mary Cheh

Category Tags: Gov't Cover-Up of Leak, DOJ/FBI Investigation

The Washington Post publishes the second of its “1x2x6” articles (see September 28, 2003), based on the idea that one anonymous whistleblower says two White House officials have leaked the identity of CIA official Valerie Plame Wilson to six journalists. (The “1x2x6” moniker will be coined in 2006 by, among others, author and blogger Marcy Wheeler.) The article focuses on the FBI’s scrutiny of the events of June 2003, “when the CIA, the White House, and Vice President Cheney’s office first were asked about former ambassador Joseph C. Wilson IV’s CIA-sponsored trip to Niger” (see February 21, 2002-March 4, 2002). The FBI “investigators are examining not just who passed the information to [conservative columnist Robert] Novak (see July 14, 2003) and other reporters but also how Plame [Wilson]‘s name may have first become linked with Wilson and his mission, who did it, and how the information made its way around the government.” Administration sources tell the Post that the officials who discussed Plame Wilson with reporters (see 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) were not trying to expose her as a CIA official so much as they were trying to imply that she sent her husband on a “junket” to Niger and thusly discredit Wilson. “The officials wanted to convince the reporters that he had benefited from nepotism in being chosen for the mission,” the Post reports. The administration tried well before the Novak column to convince journalists that Wilson’s findings in Niger (see July 6, 2003) were not important (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). The anonymous “1x2x6” source stands by the claims he or she made for the previous Post article. [Washington Post, 10/12/2003; Marcy Wheeler, 8/29/2006] Three years later, Novak will identify White House press aide Adam Levine as the “1x2x6” source (see October 16, 2006).

Entity Tags: Adam Levine, Valerie Plame Wilson, Office of the Vice President, Bush administration (43), Washington Post, Central Intelligence Agency, Marcy Wheeler, Federal Bureau of Investigation, Robert Novak

Category Tags: Exposure of Plame Wilson, Gov't Cover-Up of Leak, Gov't Involvement in Leak, Novak Outing of Plame Wilson, DOJ/FBI Investigation

Lewis “Scooter” Libby, the chief of staff for Vice President Cheney, is interviewed by the FBI concerning the outing of CIA agent Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). [Office of the Vice President, 10/14/2003 pdf file; US District Court for the District of Columbia, 10/28/2005 pdf file; US District Court for the District of Columbia, 10/30/2006 pdf file; MSNBC, 2/21/2007] Libby tells investigators that in his conversations with reporters Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and Matthew Cooper (see 2:24 p.m. July 12, 2003) he was careful to tell them that the information about Plame Wilson was merely “unsubtianted gossip” and not necessarily reliable. He also claims that, before he spoke to either Miller or Cooper, he learned of Plame Wilson’s CIA status from another journalist, NBC’s Tim Russert (see July 10 or 11, 2003). Libby is lying in both instances (see August 7, 2004). [US District Court for the District of Columbia, 10/28/2005 pdf file; National Journal, 6/8/2006; US District Court for the District of Columbia, 10/30/2006 pdf file]

Entity Tags: Richard (“Dick”) Cheney, Judith Miller, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Matthew Cooper, Tim Russert

Category Tags: Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation

White House counsel Alberto Gonzales spurns advice from Democratic senators on how to ensure White House cooperation in the Plame Wilson leak investigation. In a letter, Gonzales writes, “We believe it is inconsistent with the constitution’s separation-of-powers principles for members of Congress to direct the president’s management of White House employees, as it would be for the president to suggest specific ways in which senators should handle their own staffs.” The senators had suggested, among other possible actions, firing any White House staffer who refused to cooperate with the Justice Department probe or tampered with records. [Reuters, 10/15/2003]

Entity Tags: US Department of Justice, Alberto R. Gonzales, Bush administration (43)

Category Tags: Gov't Cover-Up of Leak, DOJ/FBI Investigation

A number of senior criminal prosecutors at the Justice Department, as well as top FBI officials, are privately critical of Attorney General John Ashcroft’s failure to recuse himself from the Plame Wilson leak investigation. Many say that the only way to ensure a fair and impartial investigation is to appoint a special prosecutor to handle the investigation. The New York Times calls the criticisms from the officials, who unanimously ask to remain anonymous, “the first sign of dissension in the department and the FBI as the inquiry nears a critical phase.” Ashcroft will soon have to decide whether to appoint a grand jury to look into the possibility of criminal conduct in the leak; such a grand jury could compel the testimony of White House officials. Ashcroft has long political and social ties to many White House officials, and as such, the Justice Department and FBI officials say, he cannot conduct an impartial investigation. Some of the Justice Department officials are supporters of Ashcroft, and worry that his reputation could be damaged by his failure to recuse himself. Democrats say the investigation has been tainted from the outset by Ashcroft’s relationship with White House officials. So far, a Justice Department official says, none of the prosecutors involved in the investigation have asked Ashcroft to recuse himself. [New York Times, 10/15/2003]

Entity Tags: Federal Bureau of Investigation, Bush administration (43), US Department of Justice, John Ashcroft, Valerie Plame Wilson

Category Tags: Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation

White House press secretary Scott McClellan is interviewed by several FBI agents as part of the FBI’s investigation into the Plame Wilson leak. The FBI team is led by John Eckenrode, the senior agent who has spearheaded the bureau’s investigation. McClellan is accompanied by a White House lawyer (see October 10, 2003). He has already turned over a sheaf of documents from his work files, including an e-mail from a friend of his personal assistant, Carmen Ingwell. The friend claimed that she had attended a class or lecture at a California university several years before, at which, she said, Plame Wilson’s husband, former ambassador Joseph Wilson, told his listeners that his wife was a CIA agent. McClellan will write, “I had no idea whether the story was true or not.” The FBI questions revolve mostly around “how the White House, including the White House’s communication team, operated and interacted with the media.” After the interview, McClellan remarks to the White House lawyer, Ted Ullyot, “I was surprised they didn’t ask any substantive questions about what I might know, such as my conversations with [Karl] Rove and [Lewis] Libby.” [McClellan, 2008, pp. 222] McClellan will subsequently be interviewed a second time by the FBI (see Late October or Early November, 2003).

Entity Tags: Joseph C. Wilson, Carmen Ingwell, Federal Bureau of Investigation, Scott McClellan, John Eckenrode, Valerie Plame Wilson, Theodore W. (“Ted”) Ullyot

Category Tags: Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation

An internal CIA memo detailing the January 2002 meeting in which former ambassador Joseph Wilson was chosen to go to Niger to find out the truth behind the Iraq-Niger uranium allegations (see February 13, 2002) is published by the Wall Street Journal. The memo is due to be turned over to the Department of Justice along with thousands of other documents as part of its investigation into the outing of Wilson’s wife, CIA agent Valerie Plame Wilson (see September 26, 2003). The document shows that while Plame Wilson was involved in the decision to send her husband to Niger, she was not responsible for making the final decision, a conclusion already verified by CIA officials (see July 22, 2003). [Wall Street Journal, 10/17/2003]

Entity Tags: Joseph C. Wilson, Central Intelligence Agency, Valerie Plame Wilson, US Department of Justice, Wall Street Journal

Category Tags: Gov't Attempts to Discredit Wilson, Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation, Plame Wilson's CIA Career

State Department official Marc Grossman, who authored a classified memo that included Valerie Plame Wilson’s CIA status (see May 29, 2003, June 10, 2003, and 12:00 p.m. June 11, 2003), gives a statement to the FBI as part of the Plame Wilson investigation. Grossman testifies that he had “two or three” telephone conversations with White House official Lewis Libby, but did not meet personally with him. [Marcy Wheeler, 1/24/2007] It is believed that, during this interview, Grossman tells the FBI that he told Libby about Plame Wilson’s FBI status, a claim that Libby will deny, but that Grossman and several other witnesses will continue to assert. [Truthout (.org), 4/14/2006]

Entity Tags: Marc Grossman, Lewis (“Scooter”) Libby, Federal Bureau of Investigation, Valerie Plame Wilson, US Department of State

Category Tags: Exposure of Plame Wilson, Gov't Involvement in Leak, DOJ/FBI Investigation

Cathie Martin, the communications director for Vice President Dick Cheney, is interviewed by the FBI concerning the Plame Wilson identity leak. Little information about her interview is made public, but during the Lewis Libby perjury trial, Martin will be asked about a telephone call between Libby and Time reporter Matthew Cooper (see 2:24 p.m. July 12, 2003). Martin says she was on a call with someone else but was able, to an extent, to follow Libby’s side of the conversation. She does not remember Libby saying that some “reporters are saying,” the words Libby used to characterize his knowledge of Valerie Plame Wilson’s CIA identity. [Marcy Wheeler, 1/29/2007] She does tell the agents that she believes she spoke to Cheney and Libby about Plame Wilson sometime around July 9. Martin has been aware of Plame Wilson’s CIA status since at least early June (see 5:25 p.m. June 10, 2003). [Marcy Wheeler, 1/25/2007]

Entity Tags: Lewis (“Scooter”) Libby, Catherine (“Cathie”) Martin, Valerie Plame Wilson, Matthew Cooper

Category Tags: Exposure of Plame Wilson, Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation

Jim Marcinkowski (left) and Larry Johnson.Jim Marcinkowski (left) and Larry Johnson. [Source: CNN]Former CIA case officer Jim Marcinkowski, a former classmate of outed CIA case officer Valerie Plame Wilson (see Fall 1985), is outraged by the revelation of Plame Wilson’s CIA status and the allegations that the leak of her identity is not a crime (see July 14, 2003 and September 29, 2003). Another former classmate of Plame Wilson’s, former CIA agent Larry Johnson, says: “[W]hat I keep seeing in the newspaper is the spin and leak that this is no big deal. And that’s got to stop.… The problem with this is a lot of the damage that has occurred is not going to be seen. It can’t be photographed. We can’t bring the bodies out because in some cases it’s going to involve protecting sources and methods. And it’s important to keep this before the American people. This was a betrayal of national security.” Marcinkowski concurs: “This is an unprecedented act. This has never been done by the United States government before. The exposure of an undercover intelligence officer by the US government is unprecedented. It’s not the usual leak from Washington. The leak a week scenario is not at play here. This is a very, very serious event.” Plame Wilson was an NOC, or nonofficial cover officer (see Fall 1992 - 1996). “It was the most dangerous assignment you could take. It takes a special sort of person,” says Marcinkowski, who is now a prosecutor in Michigan. Former CIA official Kenneth Pollack agrees, describing an NOC’s identity as the “holiest of holies.” Many believe that the outrage among the rank and file of CIA agents and officials at Plame Wilson’s outing was so strong that CIA Director George Tenet had little choice but to recommend that the Justice Department investigate the leak (see September 16, 2003). Marcinkowski says: “In this particular case, it was so far over the line, I think myself and a lot of us were truly outraged that the government would do this.… I mean, we kept our mouths closed since 1985, when we joined.” Johnson, noting that both he and Marcinkowski are registered Republicans, says: “As a Republican, I think we need to be consistent on this. It doesn’t matter who did it, it didn’t matter which party was involved. This isn’t about partisan politics. This is about protecting national security and national security assets and in this case there has been a betrayal, not only of the CIA officers there, but really a betrayal of those of us who have kept the secrets over the years on this point.” [Guardian, 10/22/2003; CNN, 10/24/2003]

Entity Tags: Jim Marcinkowski, Central Intelligence Agency, George J. Tenet, Valerie Plame Wilson, Larry C. Johnson, US Department of Justice, Kenneth Pollack

Category Tags: Exposure of Plame Wilson, Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation, Covert Activities, Plame Wilson's CIA Career

Former senior Watergate counsel Samuel Dash (see March 25, 1973) writes that if Bush administration officials leaked the identity of covert CIA officer Valerie Plame Wilson to the press (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, and Before July 14, 2003), “they may have committed an act of domestic terrorism as defined by the dragnet language of the Patriot Act their boss wanted so much to help him catch terrorists.” Dash notes that the Patriot Act defines domestic terrorism as “acts dangerous to human life that are a violation of the criminal laws of the United States or of any state” that “appear to be intended to intimidate or coerce a civilian population.” In Dash’s estimation, the Plame Wilson leak meets this criteria. It put Plame Wilson’s life at risk along with “her contacts abroad whom terrorists groups can now trace.” It is a clear violation of US criminal law. And its intent was to “intimidate or coerce a civilian population”—to intimidate Plame Wilson’s husband, former ambassador Joseph Wilson, into silence, along with “all critics of the administration” who now know “they too can be destroyed if they persist.” Dash notes that the Patriot Act “distorts the criminal law, and its dragnet provisions threaten the liberty of too many innocent people,” so such an accusation—the Bush administration committed an act of domestic terrorism—may be an overstatement of the realities of the case. However, Dash continues, interpreting the law is irrelevant. The administration’s actions under the existing law are the issue. Dash writes that the Justice Department faces a dilemma: “Can they treat this investigation differently from any other terrorist investigation? Under the Patriot Act, they have acquired expanded powers to wiretap and search. Will they place sweeping and roving wiretaps on White House aides? Will they engage in sneak, secret searches of their offices, computers, and homes? Will they arrest and detain incommunicado, without access to counsel, some White House aides as material witnesses?” The Justice Department will not do so, Dash writes, nor should they: “I hope they would not employ such police-state tactics. I had hoped they would not use them against ordinary American citizens, but the attorney general has done so, insisting he needs to use these powers to protect our safety. Then why are they not equally needed in a domestic terrorism investigation of White House aides?” Dash concludes that whether or not the leak “constitutes an act of domestic terrorism under the Patriot Act, it was certainly an outrageous betrayal of trust and an arrogant display of power by officials charged with protecting our national security and, on behalf of the president, assuring that the laws are faithfully executed.” [Newsday, 10/28/2003; Wilson, 2004, pp. 399-401]

Entity Tags: Samuel Dash, Bush administration (43), Joseph C. Wilson, USA Patriot Act, US Department of Justice, Valerie Plame Wilson

Category Tags: Exposure of Plame Wilson, Gov't Attempts to Discredit Wilson, Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation

Representative John Conyers (D-CA), the ranking member of the House Judiciary Committee, writes a letter to committee chairman James Sensenbrenner (R-WI), asking that the committee open an investigation into the Plame Wilson identity leak. Sensenbrenner will not respond to Conyers’ letter. [Waxman, 12/2005]

Entity Tags: House Judiciary Committee, John Conyers, James Sensenbrenner

Category Tags: Exposure of Plame Wilson, Gov't Involvement in Leak, DOJ/FBI Investigation

White House press secretary Scott McClellan is interviewed a second time by FBI agents investigating the Plame Wilson leak (see Mid-October 2003). As McClellan will later recall, this second meeting is “more targeted to what I might know.” [McClellan, 2008, pp. 222]

Entity Tags: Scott McClellan, Federal Bureau of Investigation

Category Tags: Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation

Tim Russert, NBC’s bureau chief and host of Meet the Press, is interviewed by FBI agent John Eckenrode as part of the Plame Wilson leak investigation. One of the targets of the investigation, White House official Lewis Libby, has indicated that he learned about Valerie Plame Wilson’s CIA identity from Russert (see July 10 or 11, 2003). According to the report later compiled by Eckenrode, Russert recalls “one, and possibly two telephone conversations” between himself and Libby between July 6 and July 12, 2003. Eckenrode will write: “Russert does not recall stating to Libby, in this conversation, anything about the wife of former ambassador Joe Wilson. Although he could not completely rule out the possibility that he had such an exchange, Russert was at a loss to remember it, and moreover, he believes that this would be the type of conversation that he would or should remember. Russert acknowledged that he speaks to many people on a daily basis and it is difficult to reconstruct some specific conversations, particularly one which occurred several months ago.” [US District Court for the District of Columbia, 2/14/2006 pdf file]

Entity Tags: Valerie Plame Wilson, Federal Bureau of Investigation, John Eckenrode, Joseph C. Wilson, NBC News, Tim Russert, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda

Category Tags: Exposure of Plame Wilson, Gov't Attempts to Discredit Wilson, Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation, Media Responses and Participation

Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney, is interviewed for a second time (see October 14, 2003) by the FBI concerning the outing of CIA agent Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). [MSNBC, 2/21/2007] During one or both interviews, Libby insists that he learned of Plame Wilson’s identity from journalists (see July 10 or 11, 2003), a lie that will play a large part in his upcoming indictment (see October 28, 2005). Investigators are compiling evidence that he learned of Plame Wilson’s CIA status from Cheney and other senior government officials (see (June 12, 2003)). Some investigators will come to believe that Libby is lying, and continues to lie, to protect Cheney’s involvement in attempting to discredit Plame Wilson’s husband, war critic Joseph Wilson (see October 1, 2003). [National Journal, 2/2/2006]

Entity Tags: Lewis (“Scooter”) Libby, Valerie Plame Wilson, Federal Bureau of Investigation, Richard (“Dick”) Cheney

Category Tags: Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation

Senior CIA official Robert Grenier, who, as the agency’s mission manager, inquired about the Joseph Wilson mission to Niger on behalf of the vice president’s office (see 4:30 p.m. June 10, 2003), and told Vice President Dick Cheney’s chief of staff, Lewis Libby, that Valerie Plame Wilson was a CIA official (see 2:00 p.m. June 11, 2003), is interviewed by the FBI as part of the Plame Wilson investigation. Grenier tells FBI investigators of his June 11, 2003 conversation with Libby, regarding Wilson’s Niger trip and the CIA status of Wilson’s wife, Valerie Plame Wilson (see 2:00 p.m. June 11, 2003). Grenier says that he is not sure whether Plame Wilson’s name came up during the conversation, a story he will tell again to the grand jury investigating the Plame Wilson leak in January 2004, but will change when he testifies for the prosecution in the Libby perjury trial (see January 24, 2007). [Marcy Wheeler, 1/24/2007; Mother Jones, 1/25/2007; New York Times, 3/2007]

Entity Tags: Joseph C. Wilson, Federal Bureau of Investigation, Valerie Plame Wilson, Richard (“Dick”) Cheney, Robert Grenier, Lewis (“Scooter”) Libby, Central Intelligence Agency, Office of the Vice President

Category Tags: Exposure of Plame Wilson, Gov't Involvement in Leak, Joseph Wilson's Criticism, DOJ/FBI Investigation

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

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

Category Tags: DOJ/FBI Investigation, Fitzgerald Investigation

After Deputy Attorney General James Comey announces the naming of special prosecutor Patrick Fitzgerald to head the Plame Wilson CIA identity leak investigation (see December 30, 2003), White House press secretary Scott McClellan is contacted by Ron Roos, the FBI’s deputy counterespionage director, to arrange a time where McClellan can testify before Fitzgerald’s grand jury. This time, Roos says, he would like McClellan to come alone, without a White House lawyer (see October 10, 2003). McClellan’s sister-in-law, a former assistant district attorney, advises him to retain a lawyer, as many of his co-workers have done, but McClellan decides not to do so. Perhaps, he will later write, he was lulled by the almost-perfunctory interview sessions he has already participated in (see Mid-October 2003 and Late October or Early November, 2003). McClellan meets with Roos and other prosecutors for a pre-jury interview. This time, McClellan will recall, the interview is far more adversarial than the first two. Roos asks McClellan why he publicly exonerated Karl Rove (see September 29, 2003) and Lewis Libby (see October 4, 2003), and then asks why McClellan failed to mention in previous interviews that Rove had spoken with columnist Robert Novak. McClellan, later writing that he was “taken aback” by the question, reminds Roos that he had indeed informed them of Rove’s contact with Novak in an earlier interview. Afterwards, McClellan will write, he worries about the FBI’s “initial hard-edged approach.” [McClellan, 2008, pp. 224-225]

Entity Tags: Ron Roos, Bush administration (43), Federal Bureau of Investigation, Karl C. Rove, Scott McClellan, Lewis (“Scooter”) Libby, Robert Novak

Category Tags: Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation, Fitzgerald Investigation

CIA official Craig Schmall, who serves as Vice President Dick Cheney’s agency briefer and has served as the briefer for Cheney’s chief of staff, Lewis Libby (see 7:00 a.m. June 14, 2003 and July 14, 2003), is interviewed by the FBI in the Plame Wilson identity leak investigation. Schmall says nothing about either Valerie Plame Wilson or her husband, Joseph Wilson, though he discussed both of them with Libby and Cheney. It is not known if the FBI is aware of the earlier conversations between Schmall, Libby, and Cheney. [Central Intelligence Agency, 1/9/2004 pdf file; Marcy Wheeler, 1/24/2007; Marcy Wheeler, 1/25/2007]

Entity Tags: Lewis (“Scooter”) Libby, Central Intelligence Agency, Craig Schmall, Joseph C. Wilson, Richard (“Dick”) Cheney, Valerie Plame Wilson, Federal Bureau of Investigation

Category Tags: Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation

A group of former CIA officials sends a letter to House Speaker Dennis Hastert (R-IL) asking that Congress investigate the Plame Wilson identity leak. The officials, whose names are not released to the press, call the leak a “shameful event in American history” that has damaged national security. They write, “Congress must send an unambiguous message that the intelligence officers tasked with collecting or analyzing intelligence must never be turned into political punching bags.” Such leaks endanger the work and the safety of intelligence professionals and their sources, the letter notes. A Congressional investigation would not only determine who leaked Plame Wilson’s CIA identity, it continues, but would signal that such behavior would not be tolerated. [Reuters, 1/22/2004]

Entity Tags: Central Intelligence Agency, Valerie Plame Wilson, Dennis Hastert

Category Tags: Exposure of Plame Wilson, Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation

A group of House Democrats led by Rush Holt (D-NJ) introduces a “resolution of inquiry” that asks the president, secretary of state, secretary of defense, and attorney general to give the House of Representatives all documents in their possession relating to the Plame Wilson identity leak. Holt and his fellow Democrats are asking for telephone and electronic mail records, logs and calendars, personnel records, and records of internal discussions from the period between May 6, 2003 and July 31, 2003. Holt, a member of the House Intelligence Committee, says in a statement: “Six months after a syndicated columnist disclosed the name of an undercover CIA operative, the White House and the Department of Justice have yet to find and hold accountable the person or persons who revealed her identity. The Department of Justice investigation has the full support of Congress and should be vigorously pursued, but it is not enough.” [Reuters, 1/22/2004]

Entity Tags: US Department of Justice, Rush Holt

Category Tags: Exposure of Plame Wilson, Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation

A group of 10 ex-CIA officials are working with members of Congress to push for a Congressional inquiry into the leak of CIA official Valerie Plame Wilson’s covert agency status. The former officials want to know if Plame Wilson’s exposure compromised US national security. Former CIA analyst Larry Johnson and nine other former CIA analysts and case officers send a letter to House Speaker Dennis Hastert (R-IL) and other senior Democrats and Republicans in the House of Representatives. The officers call on Congress to act “for the good of the country,” and say it is time to “send an unambiguous message that the intelligence officers tasked with collecting or analyzing intelligence must never be turned into political punching bags.” House Minority Leader Nancy Pelosi (D-CA) says she agrees with the thrust of the letter, and supports efforts by Representative Rush Holt (D-NJ) to force the House to open such a probe. Holt and other Democrats have introduced a resolution that, if approved, would request that the Bush administration forward all documents related to the Plame Wilson investigation to Congress. It is unlikely that House Republicans will allow the resolution to be brought to a vote. “The Department of Justice investigation has the full support of Congress and should be vigorously pursued, but it is not enough,” Holt says. [United Press International, 1/22/2004; Associated Press, 1/23/2004; Chicago Sun-Times, 1/23/2004]

Entity Tags: US Department of Justice, Central Intelligence Agency, Dennis Hastert, Larry C. Johnson, Valerie Plame Wilson, Nancy Pelosi, Rush Holt

Category Tags: Exposure of Plame Wilson, DOJ/FBI Investigation

David Addington, the chief counsel for Vice President Dick Cheney, gives a statement to FBI Section Chief Timothy Fuhrman as part of the Plame Wilson leak investigation. Fuhrman is accompanied by lawyers from the Justice Department’s Office of Special Counsel. Addington discusses the meeting he had with Cheney’s chief of staff, Lewis Libby, shortly after Libby’s conversation with New York Times reporter Judith Miller concerning Valerie Plame Wilson (see July 8, 2003). Addington says he is not sure of the date of the conversation, but fixes it somewhere between July 6 and July 12, 2003. He recalls it as taking place in an anteroom near Cheney’s office in the White House that Libby used as an office. According to Addington, Libby made “a general inquiry about the CIA’s relationship with people who are not employees but perform assignments for them.” Fuhrman’s report on his conversation with Addington “does not reflect that Mr. Libby made any reference to a spouse or wife [Plame Wilson], either when Mr. Libby asked this question or at any other point during the conversation in the anteroom with Mr. Addington.” [US District Court for the District of Columbia, 2/14/2006 pdf file]

Entity Tags: Richard (“Dick”) Cheney, David S. Addington, Judith Miller, Office of Special Counsel, Timothy Fuhrman, Valerie Plame Wilson, Lewis (“Scooter”) Libby

Category Tags: Exposure of Plame Wilson, Gov't Involvement in Leak, DOJ/FBI Investigation, Fitzgerald Investigation

Special counsel Patrick Fitzgerald grants former White House press secretary Ari Fleischer immunity from prosecution in return for his testimony in the Plame Wilson leak investigation. Fleischer is granted immunity from any criminal charge related to his involvement in the Plame Wilson identity leak (see July 7, 2003, 8:00 a.m. July 11, 2003, and 1:26 p.m. July 12, 2003) except “against charges of perjury, giving false statement, or otherwise failing to comply with the Order of the Court.” Fleischer will testify to the FBI several days later. [US District Court for the District of Columbia, 2/13/2004] In 2007, during the Lewis Libby trial, Fitzgerald will tell presiding Judge Reggie Walton (see January 25-27, 2007) that he opposed granting immunity to Fleischer because Fleischer’s lawyers refused to give a detailed “proffer” of what Fleischer would reveal. “They refused to give us a proffer,” Fitzgerald will say. “It wasn’t as if someone said ‘here’s what we’ll give you.’ It wasn’t something that we had laid out before us.… We were told he had relevant information. Frankly, I didn’t want to give him immunity, I was buying a pig in a poke. I did not know what we were going to get other than I knew it was going to be relevant to the case.” [Marcy Wheeler, 1/25/2007]

Entity Tags: Patrick J. Fitzgerald, Federal Bureau of Investigation, Reggie B. Walton, Bush administration (43), Ari Fleischer

Category Tags: Exposure of Plame Wilson, Gov't Involvement in Leak, DOJ/FBI Investigation, Fitzgerald Investigation

State Department official Marc Grossman (see May 29, 2003, June 10, 2003, and 12:00 p.m. June 11, 2003) gives a statement to the FBI as part of the Plame Wilson leak investigation. Grossman has already spoken once to the FBI (see October 17, 2003). As in his previous statement, he testifies that he had “two or three” telephone conversations with White House official Lewis Libby, but did not meet personally with him. [Marcy Wheeler, 1/24/2007]

Entity Tags: Federal Bureau of Investigation, US Department of State, Marc Grossman, Lewis (“Scooter”) Libby

Category Tags: Exposure of Plame Wilson, DOJ/FBI Investigation, Fitzgerald Investigation

White House chief of staff Lewis Libby speaks with NBC bureau chief and Meet the Press host Tim Russert. Russert has willingly testified to the FBI concerning his knowledge of the Valerie Plame Wilson identity leak (see November 24, 2003), but will resist testifying to the grand jury investigating the leak (see May 13-20, 2004 and June 2004). According to his own subsequent testimony before the grand jury (see March 24, 2004), Libby asks if Russert is willing to discuss the matter with his lawyer, but he will testify that he does not discuss anything else of substance with Russert. It is unclear whether their conversation has anything to do with Russert’s unwillingness to testify before the grand jury. [United States District Court for the District of Columbia, 3/24/2004 pdf file; Marcy Wheeler, 2/12/2007]

Entity Tags: Federal Bureau of Investigation, Tim Russert, Lewis (“Scooter”) Libby

Timeline Tags: Domestic Propaganda

Category Tags: Exposure of Plame Wilson, Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation, Media Responses and Participation

March 24, 2004: Libby Lies to Grand Jury Again

Lewis “Scooter” Libby, the former chief of staff for Vice President Dick Cheney, testifies under oath a second time (see March 5, 2004) before the grand jury investigating the leak of CIA agent Valerie Plame Wilson’s identity (see December 30, 2003 and January 2004). According to his later indictment (see October 28, 2005), Libby commits perjury during his testimony. [United States District Court for the District of Columbia, 3/24/2004 pdf file; MSNBC, 2/21/2007; Washington Post, 7/3/2007] There is a certain amount of overlap in the subjects discussed in the two interviews.
Claims to Have Learned Identity from Reporter - Libby tells the jury that he learned of Plame Wilson’s CIA status from NBC reporter Tim Russert (see July 10 or 11, 2003). According to prosecutors’ later filings, Libby says: “Russert asked Libby if Libby was aware that Wilson’s wife worked for the CIA. Libby responded to Russert that he did not know that, and Russert replied that all the reporters knew it.” Russert will deny that he ever said anything of the kind to Libby (see February 7-8, 2007). [United States District Court for the District of Columbia, 3/24/2004 pdf file; Vanity Fair, 4/2006] Libby testifies about a conversation he had with Cheney in the fall of 2003, when he complained that the White House was not making public statements exonerating him of responsibility for the leak (see Late September or Early October, 2003). Asked by prosecutor Patrick Fitzgerald if he had told Cheney about speaking to reporters regarding Plame Wilson, Libby responds: “I think I did. Let me bring you back to that period. I think I did in that there was a conversation I had with the vice president when all this started coming out and it was this issue as to, you now, who spoke to [columnist Robert] Novak (see July 14, 2003). I told the vice—you know, there was—the president said anybody who knows anything should come forward or something like that.… I went to the vice president and said, you know, ‘I was not the person who talked to Novak.’ And he [said] something like, ‘I know that.’ And I said, you know, ‘I learned this from Tim Russert.’ And he sort of tilted his head to the side a little bit and then I may have in that conversation said, ‘I talked to other—I talked to people about it on the weekend.’” Libby is most likely referring to his conversations with reporters Matthew Cooper (see 2:24 p.m. July 12, 2003) and Judith Miller (see 8:30 a.m. July 8, 2003 and Late Afternoon, July 12, 2003). Fitzgerald asks of the conversation with Cheney, “What did you understand from his gesture or reaction in tilting his head?” Libby replies: “That the Tim Russert part caught his attention. You know, that he—he reacted as if he didn’t know about the Tim Russert thing or he was rehearing it, or reconsidering it, or something like that.… New, new sort of information. Not something he had been thinking about.” Fitzgerald asks: “And did he at any time tell you, ‘Well, you didn’t learn it from Tim Russert, you learned it from me? Back in June you and I talked about the wife working at the CIA?’” Libby responds, “No.” Cheney confirmed Plame Wilson’s CIA status to Libby in June 2003 (see (June 12, 2003)). Fitzgerald asks, “Did he indicate any concern that you had done anything wrong by telling reporters what you had learned?” and Libby again responds, “No.” Libby tells Fitzgerald that he isn’t sure if he mentioned the Cooper and Miller leaks to Cheney. “I did tell him, of course, that we had spoken to the people who he had told us to speak to on the weekend. I think at some point I told him that.” [United States District Court for the District of Columbia, 3/24/2004 pdf file; National Journal, 2/19/2007]
Fails to Disclose Leak to Reporter - In neither appearance before the grand jury does Libby disclose that he discussed Plame Wilson’s identity with New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Instead, he testifies that he told Miller that he knew Plame Wilson had had some involvement in sending her husband to Niger (see February 21, 2002-March 4, 2002), but did not reveal her as a CIA agent because he was not aware of her CIA status. Libby is lying (see 12:00 p.m. June 11, 2003 and August 6, 2005). Libby also failed to disclose the conversations he had with Miller when he was twice interviewed by FBI agents working on the leak, in October and November 2003. Fitzgerald will not learn of Libby’s failure to disclose the conversations until late 2005, after Miller’s testimony before the court (see October 7, 2005). [United States District Court for the District of Columbia, 3/24/2004 pdf file; National Journal, 10/11/2005; National Journal, 10/18/2005]
Libby 'Authorized' to Disclose Classified Information by Bush, Cheney - Libby also tells the grand jury that he had been “authorized” by President Bush, Cheney, and other White House “superiors” in the summer of 2003 to disclose classified information to journalists to defend the Bush administration’s use of prewar intelligence in making the case to go to war with Iraq. According to Libby’s testimony, Cheney authorized him to release classified information, including details of the October 2, 2002 National Intelligence Estimate (NIE—see October 1, 2002), to defend the administration’s use of prewar intelligence in making the case for war; Libby tells the jury that he had received “approval from the president through the vice president” to divulge material from the NIE. He testifies that one portion of the NIE he was authorized to divulge concerned Iraq’s purported efforts to develop nuclear weapons. Libby says that authorization from the president and vice president was “unique in his recollection.” According to court papers filed in regards to his indictment, Libby tells the jury “that he was specifically authorized in advance… to disclose the key judgments of the classified NIE to Miller” because Cheney believed it to be “very important” to do so. Libby adds “that he at first advised the vice president that he could not have this conversation with reporter Miller because of the classified nature of the NIE.” It was then, he says, that Cheney advised him that Bush authorized the disclosure. Cheney told Libby that he, and not Cheney’s press spokeswoman Cathie Martin, should leak the classified information to the press. At the time of the disclosure, Libby says, he knew that only himself, Bush, and Cheney knew that portions of the NIE had been declassified; other senior Cabinet-level officials were not informed of the decision. Libby adds that an administration lawyer, David Addington, told him that Bush, by authorizing the disclosure of classified information, had in effect declassified that information. Many legal experts will disagree with that assessment. Libby considers Addington an expert on national security law. [United States District Court for the District of Columbia, 3/24/2004 pdf file; National Journal, 2/6/2006; National Journal, 4/6/2006]
Libby's Testimony Met with Disbelief - The prosecutors interrogating Libby are incredulous and disbelieving of many of Libby’s claims. They do not believe his contention that he and Cheney never discussed Plame Wilson between July 6 and July 14—the dates of Wilson’s op-ed (see July 6, 2003) and Novak’s outing of Plame Wilson (see July 14, 2003), respectively. (Libby did indeed discuss Plame Wilson with Cheney and other White House officials during that time period—see July 7, 2003 or Shortly After, July 7-8, 2003, 12:00 p.m. July 7, 2003, July 8, 2003, and July 10 or 11, 2003). They do not believe Libby’s claim that he had “forgotten” about knowing Plame Wilson was a CIA official as early as June 2003 (see 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, and (June 12, 2003)). And they do not believe Libby’s claim that he had merely passed to Cheney a rumor he had heard from reporter Tim Russert about Plame Wilson’s CIA status (see July 10 or 11, 2003). [United States District Court for the District of Columbia, 3/24/2004 pdf file; National Journal, 1/12/2007]
Drastic Change in Behavior - Steven Aftergood, a senior analyst with the Federation of American Scientists and an expert on government secrecy and classification issues, says that in disclosing the classified information, Libby “presents himself in this instance and others as being very scrupulous in adhering to the rules. He is not someone carried on by the rush of events. If you take his account before the grand jury on face value, he is cautious and deliberative in his behavior. That is almost the exact opposite as to how he behaves when it comes to disclosing Plame [Wilson]‘s identity. All of a sudden he doesn’t play within the rules. He doesn’t seek authorization. If you believe his account, he almost acts capriciously. You have to ask yourself why his behavior changes so dramatically, if he is telling the truth that this was not authorized and that he did not talk to higher-ups.” [National Journal, 6/14/2006]

Entity Tags: Catherine (“Cathie”) Martin, David S. Addington, George W. Bush, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Steven Aftergood, Matthew Cooper, Tim Russert, Judith Miller, Richard (“Dick”) Cheney, Patrick J. Fitzgerald

Category Tags: Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation, Fitzgerald Investigation, Trial of Lewis Libby

CIA official Craig Schmall, who serves as Vice President Dick Cheney’s agency briefer and has served as the briefer for Cheney’s chief of staff, Lewis Libby (see 7:00 a.m. June 14, 2003 and July 14, 2003), is interviewed again by the FBI in the Plame Wilson identity leak investigation (see January 8, 2004). As in his first interview, Schmall says nothing about either Valerie Plame Wilson or her husband, Joseph Wilson, though he discussed both of them with Libby and Cheney; it is unclear if the FBI is aware of Schmall’s discussions with the two White House officials. [Marcy Wheeler, 1/24/2007]

Entity Tags: Richard (“Dick”) Cheney, Craig Schmall, Joseph C. Wilson, Federal Bureau of Investigation, Valerie Plame Wilson, Lewis (“Scooter”) Libby

Category Tags: Exposure of Plame Wilson, Gov't Involvement in Leak, DOJ/FBI Investigation

Former White House press secretary Ari Fleischer is interviewed by the FBI regarding the Plame Wilson identity leak. Fleischer has already spoken to FBI agents under a grant of immunity from special counsel Patrick Fitzgerald (see February 13, 2004). According to Fleischer’s 2007 testimony in the Lewis Libby perjury trial (see January 16-23, 2007), he denies leaking Valerie Plame Wilson’s CIA employment status to Washington Post reporter Walter Pincus. Fleischer, despite his immunity, is lying (see 1:26 p.m. July 12, 2003), though whether he lies to the FBI today or during his testimony before the court in 2007 is unclear. [Marcy Wheeler, 1/29/2007]

Entity Tags: Walter Pincus, Ari Fleischer, Patrick J. Fitzgerald, Federal Bureau of Investigation, Valerie Plame Wilson

Category Tags: Exposure of Plame Wilson, Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation, Fitzgerald Investigation, Trial of Lewis Libby, Media Responses and Participation

NBC reporter Tim Russert, host of its flagship Sunday morning political talk show Meet the Press, testifies to FBI investigators probing the Valerie Plame Wilson identity leak (see December 30, 2003). He is deposed under oath and is audiotaped, but is not compelled to testify directly to the grand jury investigating the leak. According to an NBC statement, Russert is interviewed under oath, and testifies that he was the recipient of a leak; NBC will later claim that the interview was allowed as part of an agreement to avoid a protracted court fight. Russert is not asked to disclose a confidential source. “The questioning focused on what Russert said when Lewis (Scooter) Libby, Vice President Dick Cheney’s chief of staff, phoned him last summer” (see July 10 or 11, 2003), the statement reads. “Russert told the special prosecutor that at the time of the conversation he didn’t know Plame’s name or that she was a CIA operative and did not provide that information to Libby.” [Office of Special Counsel, 7/27/2004 pdf file; New York Times, 8/10/2004; Associated Press, 8/11/2004] Neither did Libby disclose Plame Wilson’s identity to him, Russert testifies. Russert and NBC News initially resisted the subpoena on First Amendment grounds, but relented after prosecutor Patrick Fitzgerald agreed not to compel Russert to appear before the grand jury, or to disclose confidential sources or information. [Washington Post, 8/10/2004] Russert has already talked informally with John Eckenrode, the FBI investigator overseeing the day-to-day investigation duties (see November 24, 2003). He told Eckenrode that Libby’s claim of learning Plame Wilson’s identity from him was false, and that he and Libby never discussed Plame Wilson at all. [National Journal, 2/15/2007] Libby’s claim that he learned of Plame Wilson’s identity from Russert will lead to perjury charges (see October 28, 2005).

Entity Tags: Valerie Plame Wilson, NBC News, Lewis (“Scooter”) Libby, John Eckenrode, Federal Bureau of Investigation, Patrick J. Fitzgerald, Tim Russert

Category Tags: Exposure of Plame Wilson, Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation, Fitzgerald Investigation, Media Responses and Participation

Washington Post reporter Walter Pincus is subpoenaed by the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003). Pincus has written that a Post reporter received information about Plame Wilson from a Bush administration official. The Post says it intends to fight the subpoena (see August 20, 2004). [New York Times, 8/10/2004; Washington Post, 8/10/2004] Pincus later reflects that he had dodged attempts by the FBI to interview him about Plame Wilson, and believed that the Bush official who had informed him of her identity had not broken any laws. “I thought it was damage control,” he will later say. “My source had been trying to get me to stop writing about Joe Wilson [Plame Wilson’s husband]. I believed that the Democrats were too wound up thinking that a crime had been committed.” [Vanity Fair, 4/2006]

Entity Tags: Valerie Plame Wilson, Bush administration (43), Federal Bureau of Investigation, Walter Pincus, Washington Post

Category Tags: Gov't Attempts to Discredit Wilson, Gov't Cover-Up of Leak, Gov't Involvement in Leak, Joseph Wilson's Criticism, DOJ/FBI Investigation, Fitzgerald Investigation, Joseph Wilson's Trip to Niger, Media Responses and Participation

Sometime during this month, former White House press secretary Ari Fleischer testifies a third time to FBI agents as part of the Justice Department’s invesigation into the Plame Wilson identity leak (see February 13, 2004 and June 10, 2004). (In his 2007 testimony in the Lewis Libby perjury trial, Fleischer will claim to have been interviewed three times: January 2004, February 2004, and September 2004. At that time, it will be unclear whether Fleischer is misremembering the dates of his interviews or if there is another reason why his dates do not jibe with the facts.) [Marcy Wheeler, 1/29/2009]

Entity Tags: US Department of Justice, Federal Bureau of Investigation, Ari Fleischer, Bush administration (43)

Category Tags: Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation, Fitzgerald Investigation

Deputy Attorney General James Comey delegates to Associate Deputy Attorney General David Margolis all authority to deal with the Patrick Fitzgerald investigation into the Valerie Plame Wilson identity leak. Comey writes to Margolis: “I delegate to you all of my authority as acting attorney general with respect to that investigation and Mr. Fitzgerald’s service as special counsel, as delineated in [earlier] correspondence [between Comey and Fitzgerald]. This delegation to you in no way retracts or modifies the scope of the prior delegations of authority to Mr. Fitzgerald.” [Office of the Deputy Attorney General, 8/12/2005 pdf file]

Entity Tags: US Department of Justice, James B. Comey Jr., David Margolis, Patrick J. Fitzgerald

Category Tags: DOJ/FBI Investigation, Fitzgerald Investigation

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 pdf file; Associated Press, 4/1/2006; Associated Press, 4/1/2006] Judge Reggie Walton will refuse to dismiss the charges (see April 26, 2006).

Entity Tags: Reggie B. Walton, James B. Comey Jr., Patrick J. Fitzgerald, US Department of Justice, Valerie Plame Wilson, Lewis (“Scooter”) Libby

Category Tags: DOJ/FBI Investigation, Fitzgerald Investigation, Trial of Lewis Libby

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]

Entity Tags: Reggie B. Walton, Lewis (“Scooter”) Libby, John Ashcroft, Patrick J. Fitzgerald

Category Tags: DOJ/FBI Investigation, Fitzgerald Investigation, Trial of Lewis Libby

Bob Graham (D-FL), the former head of the Senate Intelligence Committee, says that the White House found it almost impossible to refuse to appoint a special prosecutor in the Valerie Plame Wilson identity leak investigation (see December 30, 2003) because of the Bush administration’s insistence on an aggressive investigation of a Congressional leak in 2002 (see June 19, 2002 and June 20, 2002). The strongest push for a leak investigation came from Vice President Dick Cheney and his chief of staff, Lewis Libby, Graham recalls: “They [the administration] would have had a certain exposure to hypocrisy if they hid behind executive privilege” when the Plame Wilson investigation began, or if they had fought the appointment of a special prosecutor, Graham says. “It made it politically untenable to avoid having a strong investigation, because they had demanded it of us. With us, they said we should call out the meanest, leanest dogs. The example that they set with us became the boomerang that came around and hit them.” Both Cheney and Libby are central suspects in the Plame Wilson outing, though no one has been charged with leaking her CIA status to the press. Cheney is known to have selectively leaked and declassified intelligence to bolster the administration’s case for war and later to defend against charges that he misrepresented prewar intelligence (see 7:35 a.m. July 8, 2003, (July 11, 2003), and July 12, 2003). And evidence points to the conclusion that Cheney ordered Libby to leak Plame Wilson’s name to the press (see July 7-8, 2003 and July 12, 2003). Senior Justice Department officials and Senate Democrats all pushed for Attorney General John Ashcroft to recuse himself and name a special prosecutor. According to several senior Congressional staffers, Democrats made their case based in part on Cheney’s personal insistence that senators and their staffers be investigated over the NSA leak. [National Journal, 2/15/2007]

Entity Tags: Lewis (“Scooter”) Libby, Daniel Robert (“Bob”) Graham, Richard (“Dick”) Cheney, Bush administration (43), Valerie Plame Wilson, John Ashcroft

Category Tags: DOJ/FBI Investigation

Peter Zeidenberg (left) and Patrick Fitzgerald outside the courthouse during the Libby trial.Peter Zeidenberg (left) and Patrick Fitzgerald outside the courthouse during the Libby trial. [Source: Reuters / Jonathan Ernst]After some final sparring between opposing counsel, the prosecution makes its closing argument in the Lewis Libby perjury and obstruction trial. Assistant prosecutor Peter Zeidenberg opens with a lengthy presentation summing up the prosecution’s case against Libby. [Marcy Wheeler, 2/20/2007; MSNBC, 2/21/2007]
Evidence Proves Libby Lied to FBI, Grand Jury - According to Zeidenberg, the evidence as presented shows that Libby lied to both the FBI (see October 14, 2003 and November 26, 2003) and the grand jury empaneled to investigate the Plame Wilson identity leak (see March 5, 2004 and March 24, 2004). He lied about how he learned about Valerie Plame Wilson’s CIA identity, who he spoke to about it, and what he said when he talked to others about Plame Wilson. A number of witnesses, including NBC reporter Tim Russert (see February 7-8, 2007), testified about Libby’s discussions to them about Plame Wilson’s identity. Libby forgot nine separate conversations over a four-week period, Zeidenberg says, and invented two conversations that never happened, one with Russert and one with Time magazine reporter Matthew Cooper. “That’s not a matter of forgetting or misremembering,” he says, “it’s lying.”
No Evidence of White House 'Scapegoating' - The defense argued in its opening statement that Libby was being “scapegoated” by the White House to protect the president’s deputy chief of staff, Karl Rove (see January 23, 2007). No witness, either for the prosecution or the defense, referenced any such effort to scapegoat Libby. The defense may have promised evidence showing such a conspiracy to frame Libby, but, Zeidenberg says, “unfulfilled promises from counsel do not constitute evidence.”
Libby Learned of Plame Wilson's Identity from Five Administration Officials in Three Days - Zeidenberg then walks the jury through the testimony as given by prosecution witnesses. Both former State Department official Marc Grossman (see January 23-24, 2007) and former CIA official Robert Grenier testified (see January 24, 2007) that Libby had badgered Grossman for information about former ambassador and administration critic Joseph Wilson (see May 29, 2003), and Grossman not only told Libby about Wilson and his CIA-sponsored trip to Niger, but that Wilson’s wife was a CIA official (see June 10, 2003 and 12:00 p.m. June 11, 2003). Zeidenberg notes, “When Grossman told this to Libby, it was the fourth time, in two days, that Libby had been told about Wilson’s wife.” Libby had learned from Vice President Cheney that Wilson’s wife was a CIA official (see (June 12, 2003)). Two hours after Libby’s meeting with Grossman, Grenier told the jury that Libby had pulled him out of a meeting to discuss Wilson (see 2:00 p.m. June 11, 2003). During that impromptu discussion, Grenier told Libby that Wilson’s wife was a CIA official. Libby then learned of Plame Wilson’s CIA status from Cathie Martin, Cheney’s communications aide (see 5:25 p.m. June 10, 2003 and 5:27 p.m. June 11, 2003). Martin, who testified for the prosecution (see January 25-29, 2007), learned of Plame Wilson’s CIA status from CIA press official Bill Harlow. Zeidenberg ticks off the officials who informed Libby of Plame Wilson’s CIA status: Cheney, Grenier, Martin, and Grossman. (Zeidenberg is as yet unaware that Libby had also heard from another State Department official, Frederick Fleitz, of Plame Wilson’s CIA status—see (June 11, 2003)). On June 14, Libby heard about Plame Wilson from another CIA official, briefer Craig Schmall (see 7:00 a.m. June 14, 2003), who has also testified for the prosecution (see January 24-25, 2007). Schmall’s testimony corroborates the testimony from Martin, Grossman, and Grenier, Zeidenberg asserts.
Leaking Information to Judith Miller - On June 23, just over a week after learning Plame Wilson was a CIA official, Libby informed then-New York Times reporter Judith Miller of Plame Wilson’s CIA status (see June 23, 2003). Why? Zeidenberg asks. Because Libby wanted to discredit the CIA over what Libby saw as the agency’s failure to back the administration’s claims about Iraqi WMDs. Miller is the sixth person, Zeidenberg says, that Libby talked to about Plame Wilson. Miller also testified for the prosecution (see January 30-31, 2007).
Told Press Secretary - On July 7, Libby told White House press secretary Ari Fleischer about Plame Wilson (see 12:00 p.m. July 7, 2003). Fleischer, under a grant of immunity from the prosecution, also testified (see January 29, 2007). By that point, Wilson had published his op-ed in the New York Times (see July 6, 2003), a column the administration considered to be highly damaging towards its credibility. Libby told Fleischer that the information about Plame Wilson was to be kept “hush hush.” However, Zeidenberg says, it is likely that Libby intended Fleischer to spread the information about Plame Wilson to other reporters, which in fact he did (see 8:00 a.m. July 11, 2003). Fleischer is the seventh person that evidence shows Libby spoke to concerning Plame Wilson.
Conferring with Cheney's Chief Counsel - The eighth person in this list is David Addington. At the time, Addington was Cheney’s chief counsel; after Libby stepped down over being indicted for perjury and obstruction (see October 28, 2005), Addington replaced him as Cheney’s chief of staff. Addington also testified for the prosecution (see January 30, 2007). Libby asked Addington if the president could legally declassify information at will, referring to the October 2002 National Intelligence Estimate on Iraq (NIE—see October 1, 2002). Libby planned on leaking NIE material to Miller on July 8 (see 8:30 a.m. July 8, 2003).
Leaking Classified Material to Miller - As stated, Libby indeed leaked classified material to Miller, during their meeting at the St. Regis Hotel. The “declassification” was highly unusual; only Cheney, Libby, and President Bush knew of the declassification. Libby again told Miller of Plame Wilson’s CIA status, and this time told her, incorrectly, that Plame Wilson worked in the WINPAC (Weapons Intelligence, Nonproliferation, and Arms Control) section of the agency. Cheney and Libby chose Miller, of all the reporters in the field, to leak the information to, Zeidenberg says; in her turn, Miller went to jail for almost three months rather than testify against Libby (see October 7, 2004). That fact damages her credibility as a prosecution witness.
The Russert Claim - Zeidenberg then turns to NBC’s Russert, who also testified for the prosecution (see February 7-8, 2007). Zeidenberg notes that after lead defense attorney Theodore Wells initially asserted that neither Russert nor any other reporter testifying for the prosecution was lying under oath, Wells and other defense attorneys cross-examined Russert for over five hours trying to prove that he indeed did lie. Libby claimed repeatedly to the grand jury that Russert told him of Plame Wilson’s CIA identity (see July 10 or 11, 2003), an assertion Russert has repeatedly denied. Zeidenberg plays an audiotape of Libby’s grand jury testimony featuring Libby’s assertion. Libby, Zeidenberg states, lied to the grand jury. Russert never made any such statement to Libby. [Marcy Wheeler, 2/20/2007] The defense tried to assert that Russert lied about his conversation with Libby because of some “bad blood” between the two. However, “evidence of [such a] feud is completely absent from the trial.” And if such a feud existed, why would Libby have chosen Russert to lie about before the jury? Such an assertion is merely a desperate attempt to discredit Russert, Zeidenberg says.
Matthew Cooper - Zeidenberg then turns to former Time reporter Matthew Cooper, another recipient of a Libby leak about Plame Wilson (see 2:24 p.m. July 12, 2003). Cooper also testified for the prosecution (see January 31, 2007). When Libby told the grand jury that Cooper asked him about Plame Wilson being a CIA official, and Libby said he responded, “I don’t know if it’s true,” Libby lied to the jury. Zeidenberg plays the audiotape of Libby making the Cooper claim. Had Libby made such a statement, Cooper could not have used it as confirmation of his own reporting. Cooper did indeed use Libby as a source for a Time article (see July 17, 2003). Cooper’s testimony is corroborated by Martin’s recollection of the Libby-Cooper conversation. Zeidenberg says: “Martin was present. She never heard any of what you heard Libby just hear it. She never heard, ‘I don’t know if it’s true.’ If she had heard it, she would have said something, because she knew it was true.”
FBI Agent Bond's Testimony - Zeidenberg briefly references testimony from FBI agent Deborah Bond (see February 1-5, 2007), who told the court that Libby may have discussed leaking Plame Wilson’s identity to the press. Bond’s testimony corroborates the prosecution’s assertion that Libby attempted to obscure where he learned of Plame Wilson’s identity.
Grounds for Conviction - Zeidenberg reminds the jury of the three separate instances the prosecution says are Libby lies, then tells them if they find any one of the three statements to be actual lies, they can convict Libby of perjury. “You don’t have to find that all three were false beyond reasonable doubt,” he says. “You have to unanimously agree on any one.” Of the two false statements Libby is charged with making to investigators, the jury need only find one of them is truly false.
Defense Assertions - Zeidenberg turns to Libby’s main defense, that he was so overwhelmed with important work as Cheney’s chief of staff that it is unreasonable to expect him to remember the details that he is accused of lying about (see January 31, 2006). Zeidenberg says the trial has elicited numerous instances of conversations Libby had, for example his conversation with Rove about Robert Novak (see July 8 or 9, 2003), that he remembered perfectly well. Zeidenberg then plays the relevant audiotape from the grand jury proceedings. Why is it, he asks, that Libby can remember that conversation so well, but consistently misremembered nine separate conversations he had about Plame Wilson? “When you consider Libby’s testimony, there’s a pattern of always forgetting about Wilson’s wife,” Zeidenberg says. Libby remembered details about Fleischer being a Miami Dolphins fan, but didn’t remember talking about Plame Wilson. He remembered talking about the NIE with Miller, but not Plame Wilson. He remembered talking about declassification with Addington, but not Wilson’s wife. Zeidenberg calls it a “convenient pattern,” augmented by Libby’s specific recollections about not discussing other issues, such as Cheney’s handwritten notes about Wilson’s op-ed (see July 7, 2003 or Shortly After). The defense also claims that Libby confused Russert with Novak; Zeidenberg puts up pictures of Russert and Novak side by side, and asks if it is credible to think that Libby made such a mistake. The entire “memory defense,” Zeidenberg says, is “not credible to believe. It’s ludicrous.” Libby was far too involved in the administration’s efforts to discredit Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). [Associated Press, 2/20/2007; Marcy Wheeler, 2/20/2007]
Motive to Lie - Zeidenberg addresses the idea of motive: why would Libby lie to the FBI and the grand jury, and why nine government witnesses would lie to the Libby jury. “Is it conceivable that all nine witnesses would make the same mistake in their memory?” he asks. Not likely. It is far more likely that Libby was motivated to lie because when he testified to FBI investigators, he knew there was an ongoing investigation into the Plame Wilson leak. He knew he had talked to Miller, Cooper, and Fleischer. He knew the FBI was looking for him. He knew from newspaper articles entered into evidence that the leak could have severely damaged Plame Wilson’s informant network and the Brewster Jennings front company (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, October 29, 2005, and February 13, 2006). Even Addington’s testimony, about Libby asking him about the legality of leaking classified information, is evidence of Libby’s anxiety over having disclosed such information. And Libby knew that such disclosure is a breach of his security clearance, not only risking his job, but prosecution as well. So when he is questioned by the FBI, he had a choice: tell the truth and take his chances with firing and prosecution for disclosing the identity of a covert agent, or lie about it. “And, ladies and gentlemen,” Zeidenberg says, “he took the second choice. He made up a story that he thought would cover it.” And when caught out, he claimed to have forgotten that he originally knew about Plame Wilson’s identity. Libby, Zeidenberg says, “made a gamble. He lied. Don’t you think the FBI and the grand jury and the American people are entitled to straight answers?” [Marcy Wheeler, 2/20/2007; Murray Waas, 12/23/2008]
No Conspiracy, Just a Lie - Zeidenberg concludes by telling the jury that there was no grand White House conspiracy to scapegoat Libby, nor was there an NBC conspiracy to smear him. The case is just about Libby lying to federal authorities. “When you consider all the evidence, the government has established that the defendant lied to the FBI, lied to the grand jury, and obstructed justice.” [Marcy Wheeler, 2/20/2007]

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

James Knodell.James Knodell. [Source: CommonDreams (.org)]White House Director of Security James Knodell testifies to the House Oversight Committee that the White House never investigated the possible involvement of White House officials in exposing Valerie Plame Wilson’s identity. [Think Progress, 3/16/2007; Editor & Publisher, 3/18/2007; Nation, 3/19/2007] Knodell says he is aware of no such internal investigation or report from anyone in the White House: “I have no knowledge of any investigation in my office.” The White House Office of Security would be the lawful body to conduct such an investigation. Knodell testifies only after the White House dropped its resistance to his appearing before the committee, which had threatened to subpoena the White House for Knodell’s testimony. Representative Henry Waxman (D-CA) says that President Bush had promised a full internal probe (see September 30, 2003 and September 30, 2003), and Knodell again states he knows of no such probe. He adds that he has never talked to Bush, Vice President Dick Cheney, political strategist Karl Rove, or anyone in the White House about the Plame Wilson leak. His knowledge of the affair, he says, comes from “the press.” He tells the committee that those who had participated in the leaking of classified information are required by law to own up to this, but he is not aware that anyone, including Rove, had done that. Representative Elijah Cummings (D-MD) calls the failure of the White House to mount an internal investigation “shocking,” and says that Knodell’s office’s failure to mount such a probe constitutes a “breach within a breach.” Eleanor Holmes Norton (D-DC) calls it a “dereliction of duty.” Knodell promises to “review this with senior management.” He attempts to assert that since a criminal investigation was launched, no such internal probe was needed, but committee Democrats challenge his statement, saying that the criminal probe is narrowly focused, began only after months of inaction and stonewalling by the White House, and is required by law regardless of whatever other investigations are underway. Waxman asks, “[T]here was an obligation for the White House to investigate whether classified information was being leaked inappropriately, wasn’t there?” to which Knodell replies, “If that was the case, yes.” Committee Democrats also note that anyone who leaked information about classified information is required by law to have their security clearances denied, and ask Knodell why Rove still has such clearance. [Think Progress, 3/16/2007; Editor & Publisher, 3/18/2007]

Entity Tags: House Committee on Oversight and Government Reform, Eleanor Holmes Norton, Bush administration (43), Elijah Cummings, Henry A. Waxman, Richard (“Dick”) Cheney, White House Office of Security, Karl C. Rove, Valerie Plame Wilson, James Knodell, George W. Bush

Category Tags: Exposure of Plame Wilson, Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation, Fitzgerald Investigation

Following the testimony of White House Security Director James Knodell to the House Oversight Committee, in which he admitted that the White House never conducted an internal probe of the Valerie Plame Wilson identity leak (see March 16, 2007), committee chairman Henry Waxman (D-CA) writes a letter to White House chief of staff Joshua Bolten asking why the probe had never been conducted. Waxman notes that “your senior political advisor, Karl Rove, and other senior White House officials were required to report what they knew about the disclosure of Ms. Wilson’s identity, but they did not make any such report to the White House Office of Security; and [t]here has been no suspension of security clearances or any other administrative sanction for Mr. Rove and other White House officials involved in the disclosure.” Waxman observes that the decision not to mount an internal probe, and the decision not to revoke Rove’s security clearances, are “inconsistent with the directives of Executive Order 12958, which you signed in March 2003. Under this executive order, the White House is required to ‘take appropriate and prompt corrective action’ whenever there is a release of classified information. Yet Mr. Knodell could describe no such actions after the disclosure of Ms. Wilson’s identity.” Waxman concludes: “Taken as a whole, the testimony at today’s hearing described breach after breach of national security requirements at the White House. The first breach was the disclosure of Ms. Wilson’s identity. Other breaches included the failure of Mr. Rove and other officials to report their disclosures as required by law, the failure of the White House to initiate the prompt investigation required by the executive order, and the failure of the White House to suspend the security clearances of the implicated officials.” Waxman requests that Bolten provide the committee “with a complete account of the steps that the White House took following the disclosure of Ms. Wilson’s identity (1) to investigate how the leak occurred; (2) to review the security clearances of the White House officials implicated in the leak; (3) to impose administrative or disciplinary sanctions on the officials involved in the leak; and (4) to review and revise existing White House security procedures to prevent future breaches of national security.” [Speaker of the House, 3/16/2007]

Entity Tags: House Committee on Oversight and Government Reform, Bush administration (43), Henry A. Waxman, James Knodell, Joshua Bolten, White House Office of Security, Karl C. Rove, Lewis (“Scooter”) Libby

Category Tags: Gov't Cover-Up of Leak, Gov't Involvement in Leak, DOJ/FBI Investigation, Fitzgerald Investigation

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