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Clifford May. [Source: Talkhaba]Conservative columnist Clifford May writes in the National Review that the question at the heart of the Plame Wilson leak investigation is not, “Who leaked her identity?” but “Who didn’t know?” that she was a clandestine CIA agent. May notes that he has previously questioned the credibility and partisanship of Plame Wilson’s husband, Joseph Wilson, over his conclusions about the purported Iraq-Niger uranium deal (see July 6, 2003). He then goes on to write that conservative columnist Robert Novak’s revelation of Plame Wilson’s CIA status (see July 14, 2003) “wasn’t news to me.” May says he “had been told that—but not by anyone working in the White House. Rather, I learned it from someone who formerly worked in the government and he mentioned it in an offhand manner, leading me to infer it was something that insiders were well aware of.” May says he never revealed Plame Wilson’s identity as a CIA agent in his columns because “it didn’t seem particularly relevant to the question of whether or not Mr. Wilson should be regarded as a disinterested professional who had done a thorough investigation into Saddam [Hussein]‘s alleged attempts to purchase uranium in Africa.” He then goes on to call Wilson a “far-left… bitter critic of the current administration” and an affiliate of “the pro-Saudi Middle East Institute [and the] Education for Peace in Iraq Center,” which he calls “a far-left group that opposed not only the US military intervention in Iraq but also the sanctions and the no-fly zones that protected Iraqi Kurds and Shias from being slaughtered by Saddam.” He then mocks Wilson’s fact-finding trip to Niger as “eight days drinking sweet mint tea” and rubbing elbows with US and Nigerien dignitaries at the US Embassy in Niamey. May asks if Wilson’s trip to Niger was “primarily due to the fact that [his] wife worked for the CIA?… It has to be seen as puzzling that the agency would deal with an inquiry from the White House on a sensitive national security matter by sending a retired, Bush-bashing diplomat with no investigative experience. Or didn’t the CIA bother to look into Mr. Wilson’s background? If that’s what passes for tradecraft in Langley, we’re in more trouble than any of us have realized.” [National Review, 9/29/2003]
Conservative columnist Robert Novak, who first publicly outed Valerie Plame Wilson as a CIA agent (see July 14, 2003), denies being fed the information of Plame Wilson’s identity by White House officials (see June 13, 2003, July 7, 2003, July 8, 2003, and Before July 14, 2003). The subject arose when he was inquiring about her husband’s trip to Niger (see July 6, 2003), Novak says. Shortly after the leak, he said of Plame Wilson’s identity, “I didn’t dig it out, it was given to me” by White House officials (see July 21, 2003). However, Novak’s story is now quite different. He says of the outing: “Nobody in the Bush administration called me to leak this. In July, I was interviewing a senior administration official on Ambassador [Joseph] Wilson’s report when he told me the trip was inspired by his wife, a CIA employee working on weapons of mass destruction. Another senior official told me the same thing. When I called the CIA in July, they confirmed Mrs. Wilson’s involvement in a mission for her husband on a secondary basis… they asked me not to use her name, but never indicated it would endanger her or anybody else. According to a confidential source at the CIA, Mrs. Wilson was an analyst, not a spy, not a covert operative (see Before July 14, 2003 and February 2004), and not in charge of undercover operatives. So what is the fuss about, pure Bush-bashing?” [American Prospect, 2/12/2004; New York Times, 2006; National Journal, 5/25/2006] The same day that Novak issues his denial, he tells White House political strategist Karl Rove, one of his sources, that he will protect Rove from the Justice Department’s investigation into the leak (see September 29, 2003).
Representative Henry Waxman (D-CA), the ranking member of the House Oversight Committee, writes a letter to committee chairman Tom Davis (D-VA), asking that the committee open an investigation into the Plame Wilson identity leak. Davis will not respond to Waxman’s letter. [Waxman, 12/2005]
Hours after conservative columnist Robert Novak tells a CNN audience that he contacted Joseph Wilson to confirm that his wife was a CIA official for his July 2003 column exposing her as a CIA employee (see September 29, 2003), Wilson tells CNN’s Paula Zahn that Novak is incorrect in his characterization of events. “Bob Novak called me before he went to print with the report (see July 14, 2003) and he said a CIA source had told him that my wife was an operative,” Wilson says. “He was trying to get a second source. He couldn’t get a second source. Could I confirm that? And I said no.” After the article appeared, citing Bush administration and not CIA sources, Wilson called Novak about the article. According to Wilson, he called Novak about the discrepancy in his citation of sources (see July 14, 2003) and asked, “What was it, CIA or senior administration?” Wilson continues: “He said to me, ‘I misspoke the first time I spoke to you.’ That makes it senior administration sources.” [CNN, 9/29/2003; CNN, 10/1/2003]
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]
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]
The Washington Post reports that a journalist confirms receiving a call from a White House official before the July 14, 2003 appearance of a column exposing Valerie Plame Wilson as a CIA official (see July 14, 2003). The journalist, who refuses to allow his or her identity to be revealed, tells Post reporters Mike Allen and Dana Milbank that the White House official told them that Plame Wilson was a CIA official. The journalist says that the information was provided as part of an effort to discredit Plame Wilson’s husband, war critic Joseph Wilson, but that the CIA information was not treated as especially sensitive. “The official I spoke with thought this was a part of Wilson’s story that wasn’t known and cast doubt on his whole mission,” the journalist says. “They thought Wilson was having a good ride and this was part of Wilson’s story.” Allen was one of the reporters who published a September 28 article alleging that Plame Wilson’s cover was blown as part of a “revenge” strategy against Wilson (see September 28, 2003). [Washington Post, 9/30/2003]
Kayla Williams. [Source: Bowling Green State University]Sergeant Kayla Williams, an Army interpreter, witnesses prisoners being abused while being detained in Mosul. Williams is troubled by the death of an acquaintance, Private Alyssa Peterson, who actually committed suicide rather than take part in the torture of prisoners (see September 15, 2003 and After). Williams witnesses an incident that closely parallels the kind of interrogation Peterson objected to. She is taken into a special holding area called “the cage,” where she sees US soldiers punching a naked detainee in the face and burning him with lit cigarettes. There is no interrogation, just the brutalization of a prisoner. Williams will later write: “It’s one thing to make fun of someone and attempt to humiliate him. With words. That’s one thing. But flicking lit cigarettes at somebody—like burning him—that’s illegal.” She will later write that soldiers will soon tell her that “the old rules no longer applied because this was a different world. This was a new kind of war.” In 2005, Williams will recall the incident on CNN: “I was asked to assist. And what I saw was that individuals who were doing interrogations had slipped over a line and were really doing things that were inappropriate. There were prisoners that were burned with lit cigarettes. They stripped prisoners naked and then removed their blindfolds so that I was the first thing they saw. And then we were supposed to mock them and degrade their manhood. And it really didn’t seem to make a lot of sense to me. I didn’t know if this was standard. But it did not seem to work. And it really made me feel like we were losing that crucial moral higher ground, and we weren’t behaving in the way that Americans are supposed to behave.” After that session and several others that same day, she tells a superior officer that she will not take part in future interrogations. “I sat through it at the time,” she will recall. “But after it was over I did approach the non-commissioned officer in charge and told him I think you may be violating the Geneva Conventions.… He said he knew and I said I wouldn’t participate again and he respected that, but I was really, really stunned.” In 2009, Williams will say: “In general, interrogation is not fun, even if you follow the rules. And I didn’t see any good intelligence being gained. The other problem is that, in situations like that, you have people that are not terrorists being picked up, and being questioned. And, if you treat an innocent person like that, they walk out a terrorist.” [Huffington Post, 4/24/2009]
Al-Qaeda operative Nizar Trabelsi is sentenced to ten years in jail in Belgium for his part in a plot to attack the NATO base in Kleine Brogel in the country’s north-east. A couple of hundred US troops were stationed at the base, which was also home to nuclear weapons. The plan was for Trabelsi to pack a van with as much explosive as it could carry, and drive it into the base canteen at lunchtime. Trabelsi admits his participation in the attack and boasts he was to be the first suicide bomber in Europe, but he refuses to give any details about other plots he is alleged to have been involved in, such as a planned bombing of the US embassy in Paris, France. [O'Neill and McGrory, 2006, pp. 227]
Conservative columnist Jonah Goldberg downplays the importance of the Valerie Plame Wilson leak investigation (see September 26, 2003), calling it a matter of little importance. Goldberg calls Plame Wilson, a covert CIA agent and senior case officer (see Fall 1992 - 1996 and April 2001 and After), a “desk jockey”; he also claims, without offering proof, that “much of the Washington cocktail circuit [already] knew” she was a CIA employee. Goldberg says the investigation is being driven by what he calls “[o]bvious Democratic opportunism and scandal-hunger,” “[m]edia opportunism as this is the first Bush ‘scandal’ that isn’t manufactured outside the White House,” and “[a] burning desire to flesh out a fleshless storyline that the Bush White House clamps down on ‘dissenters.’” [National Review, 9/30/2003]
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
Timeline Tags: Niger Uranium and Plame Outing
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]
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).
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:
“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;
“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
“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]
Tom Rosenstiel on the PBS broadcast ‘In the Shadows.’ [Source: PBS]PBS hosts a live discussion with former CIA analyst Larry Johnson and journalist Tom Rosenstiel on the exposure of Valerie Plame Wilson as a covert CIA official (see July 14, 2003). Columnist Robert Novak initially told reporters that the White House “gave” him the information about Plame Wilson (see July 21, 2003), but is now claiming that he had to “dig for” that information (see September 29, 2003). Novak also asserts that Plame Wilson was a “mere” CIA analyst and not a covert operative (see Fall 1992 - 1996), and admits that CIA officials asked him not to reveal her identity (see (July 11, 2003) and Before July 14, 2003), though he says they never indicated that doing so would endanger her or anyone else. Johnson says: “To hear Bob Novak parsing words like a Clinton lawyer defining sex is outrageous.… They took the initiative to divulge the CIA officer’s name. And that is outrageous.”
Confirmation that Plame Wilson Was Undercover - Johnson confirms that Plame Wilson is indeed an undercover CIA official, saying: “Let’s be very clear about what happened. This is not an alleged abuse. This is a confirmed abuse. I worked with this woman. She started training with me. She has been undercover for three decades, she is not, as Bob Novak suggested, a CIA analyst. But given that, I was a CIA analyst for four years. I was undercover. I could not divulge to my family outside of my wife that I worked for the Central Intelligence Agency until I left the agency on Sept. 30, 1989. At that point I could admit it. So the fact that she’s been undercover for three decades and that has been divulged is outrageous because she was put undercover for certain reasons. One, she works in an area where people she meets with overseas could be compromised. When you start tracing back who she met with, even people who innocently met with her, who are not involved in CIA operations, could be compromised. For these journalists to argue that this is no big deal.”
Novak Did 'a Really Dangerous and Terrible Thing' - Rosenstiel calls Novak’s assertion that the CIA didn’t warn him of any danger in leaking Plame Wilson’s name “weak,” and adds: “Bob Novak has done a really dangerous and terrible thing. If you are going to get involved in something like this where you’re bumping up against breaking the law, as a journalist you have a civil disobedience test you have to meet. What’s the public good of this story? What’s the—balanced against what’s the danger to the people involved publishing the story. The third part of the test is, is it necessary in telling the story to do this or is there another way to do it, do you need to divulge this person’s name, in other words, to convey the information you think is of the public interest? This doesn’t meet any one of those three tests. It’s not of overriding public interest. Novak may be really just an instrument of Republican revenge here. Whatever the public good is of the story is far overwhelmed by the danger to this woman and her network of operatives. And it’s gratuitous. You could have told the story without her name.” Johnson adds: “This is not about partisan politics. This is about a betrayal, a political smear of an individual with no relevance to the story. Publishing her name in that story added nothing to it. His entire intent was correctly as Ambassador Wilson noted (see August 12, 2003): to intimidate, to suggest that there was some impropriety that somehow his wife was in a decision-making position to influence his ability to go over and savage a stupid policy, an erroneous policy, and frankly, what was a false policy of suggesting that there were nuclear material in Iraq that required this war. This was about a political attack. To pretend that it’s something else and to get into this parsing of words, I tell you, it sickens me to be a Republican to see this.”
Most Reporters Thought Story 'Lousy - Asked why six reporters were told of Plame Wilson’s identity and five chose not to publish it (see September 28, 2003), Rosenstiel says that the five reporters’ decision “tells us that the majority of reporters involved thought this was a lousy story.” It was “[i]mproper to identify and actually maybe the story itself just didn’t rise to the level of being much of a story. Frankly, it’s difficult to see how this information discredits Wilson. I can see how it intimidates him but I don’t think it necessarily discredits his research into the Niger claim.” [PBS, 9/30/2003]
At an afternoon press briefing at the University of Chicago, President Bush is questioned about the Plame Wilson leak investigation (see September 26, 2003). Bush says that there are “too many leaks of classified information in Washington. There’s leaks at the executive branch; there’s leaks in the legislative branch. There’s just too many leaks. And if there is a leak out of my administration, I want to know who it is. And if the person has violated law, the person will be taken care of.” He is “absolutely confident that the Justice Department will do a very good job” in the investigation. “I want to know the truth. If anybody has got any information inside our administration or outside our administration, it would be helpful if they came forward with the information so we can find out whether or not these allegations are true and get on about the business.” Asked whether White House political strategist Karl Rove might be the source of the leak (see July 8, 2003, July 8 or 9, 2003, and 11:00 a.m. July 11, 2003), Busn replies: “Listen, I know of nobody—I don’t know of anybody in my administration who leaked classified information. If somebody did leak classified information, I’d like to know it, and we’ll take the appropriate action.” He remarks that “Washington is a town where there’s all kinds of allegations,” and again asks that if anyone has any “solid information, please come forward with it. And that would be people inside the information who are the so-called anonymous sources, or people outside the information—outside the administration. And we can clarify this thing very quickly if people who have got solid evidence would come forward and speak out. And I would hope they would. And then we’ll get to the bottom of this and move on.… I want to know who the leakers are.” [White House, 9/30/2003; CBS News, 9/30/2003]
Justice Department officials generate a list of US Attorneys by judicial district, with basic information about each one (names and relative sizes of district: “small,” “medium,” or “large”). Some have handwritten annotations included. Most of the names will be redacted when the list is released to the House Judiciary Committee in April 2007, but the names of US Attorneys fired in 2006 (see March 10, 2006, December 7, 2006, and December 20, 2006) are included. Kevin Ryan of the Northern District of California has the following annotation: “tough district; don’t know if he’d fit in to the mix very well,” and another indecipherable phrase. Carol Lam of the Southern District of California is notated as “very independent.” The officials who generate and notate the list are not identified. [US House of Representatives, Committee of the Judiciary, 4/13/2007 ]
The Justice Department posts on its Web site a heavily redacted copy of a report it had commissioned about its own record of racial diversity in the workplace. Half of the report’s 186 pages are censored, including the summary and conclusions. Russ Kick, the author and First Amendment activist who maintains the Web site “The Memory Hole,” downloads the report and realizes that he can digitally remove the redaction lines to read the report in its entirety. When he does so, he realizes that most of the redactions are to hide reports from minority lawyers at the department, who have filed numerous complaints claiming work conditions rife with “stereotyping, harassment, and racial tension.” When Kick posts the unredacted version of the Justice Department document, civil rights experts and Congressional Democrats accuse the department of trying to hide its findings to avoid culpability and negative publicity. But the department claims that the portions of the report that were redacted, including the conclusions, were “deliberative and predecisional,” and therefore legal to exclude under the Freedom of Information Act. [Russ Kick, 10/21/2003; Savage, 2007, pp. 105]
A portion of the outer door of AT&T’s Folsom Street facility. [Source: Wired News]Senior AT&T technician Mark Klein (see July 7, 2009), newly assigned to the company’s Folsom Street facility in San Francisco, is tasked to work at the seventh floor “Internet room,” where AT&T manages much of its domestic Internet traffic. Klein is intensely curious about the National Security Agency’s “secret room” on the sixth floor (see January 2003). The NSA room has two doors, both labeled “641A,” and is in reality what Klein will later term “a room within a room,” with the outer room filled with ordinary “computer equipment for mundane corporate uses.” He does not know what is in the inner “secret” room. Klein will later write, “While working in the outer room, you could walk around three sides of the secret room, which I measured to be about 24 by 48 feet.” An outer door leads from Room 641A to the 4ESS switchroom, which AT&T uses to manage its long-distance telephone communications. The rooms are connected by “row after row of equipment and a tangle of cabling going up and across the ceiling.” Klein learns that the NSA room is sometimes called “the SIMS room,” an acronym of which no one seems to know the meaning. [PBS Frontline, 5/15/2007; Klein, 2009, pp. 32-34] Klein will later describe his job at the Folsom Street facility as working with the phone switch equipment on the sixth floor, “which handled the public’s telephone calls and was the workhorse of the phone system.… My main assignment was to oversee the Internet room, and that meant keeping it going. If there were any trouble calls, I had to answer them. If there’s any upgrading work to do, I had to either do it or arrange for others to do it in off hours. Just oversee the flow of work in the Internet room and watch things.” He also spends a tremendous amount of time on the seventh floor, “where the Internet room was.… That’s where there are a lot of Cisco routers, a lot of fiber-optic lines coming in and going out.” The Folsom Street facility serves the Bay Area as well as much of Western America. According to Klein: “There’s lots of Internet traffic, as you can imagine, that goes in and out of this office, probably hundreds of fiber-optic lines that go out, carrying billions—that’s billions with a ‘B’—billions of bits of data going in and out every second every day. So all the Web surfing you’re doing, whatever you’re doing on the Internet—the pictures, the video, the Voice over Internet—all that stuff’s going in and out of there. And then of course there’s also the traditional phone switch, which is doing what it’s been doing since before the Internet.… Handling millions and millions of phone calls, right. That’s its job.” [PBS Frontline, 5/15/2007]
Dennis Mahon, a veteran white supremacist (see 1973 and After, August 1994 - March 1995, November 1994, and February 9, 1996 and After) and member of the White Aryan Resistance (WAR), leaves a voice message at the Scottsdale, Arizona, Office of Diversity and Dialogue that is so menacing as to attract the attention of law enforcement authorities. Mahon, speaking in reference to Scottsdale’s upcoming Hispanic heritage week celebration, says: “You guys, you, you, rich white people you really, you really are something else. If, if I had my way I’d sic about hundred thousand illegal aliens right into Scottsdale and see how you like your damn heritage. The White Aryan Resistance is growing in Scottsdale. There’s a few white people who are standing up. Take care.” Authorities later suspect Mahon of bombing the office (see February 26, 2004 and After). [TPM Muckraker, 1/10/2012]
Senior CIA case officer Valerie Plame Wilson testifies to the Senate Intelligence Committee as part of its investigation into the failures and possible misuse of intelligence in the run-up to the Iraq invasion (see July 9, 2004). In 2007, Plame Wilson will write that she and her husband hope that the committee will “reveal how the administration cherry-picked intelligence to justify going to war with Iraq [and] show that the decision to go to war was premature; the intelligence community simply did not have the hard evidence from current, reliable human sources to match the confident rhetoric coming from the White House and its supporters.” Plame Wilson is accompanied in her appearance before the committee by a CIA attorney, whose job is to represent the agency’s interests, not hers. She is not questioned by any senators, but by four young staffers, two Democrats and two Republicans. When the staffers begin asking her about the story of the Iraq-Niger uranium connection and how she learned about it, it becomes obvious to her, as she will recall in her 2007 book Fair Game, that they “knew very little about how CIA cover actually worked, yet they acted as if they were veterans of the intelligence community.” One aggressive Republican staffer asks why she recommended her husband, former ambassador Joseph Wilson, to go to Niger to investigate the uranium allegations (see February 13, 2002); Plame Wilson will recall, “In my desire to be as accurate and truthful as possible, I answered, stupidly, ‘I don’t believe that I recommended my husband, but I can’t recall who suggested him for the trip.” She fails to recall that a CIA records officer actually recommended her husband for the trip (see February 19, 2002). She also forgets during the interrogation that it was a phone call from Vice President Dick Cheney’s office that set the entire trip into motion (see (February 13, 2002)). And she forgets that it was her branch supervisor who asked that Wilson come in to the CIA to discuss the possibility of such a trip (see February 19, 2002). She does recall staying out of the initial CIA interview with her husband. In 2007, she will blame her memory failures on her own lack of composure, her lack of preparation for the interview, and her refusal to compare memories with her husband out of a sense of propriety. After 45 minutes or so, she leaves the interview, fairly sure that she handled herself well, but with “a little voice in my head [saying] it felt like a setup.” She will write: “In retrospect, it was clear they weren’t seeking information, but simply confirming their already closed conclusions. But in my naivete, my heart actually felt light because I believed in our democratic institutions. I believed that the truth would prevail, but I would soon find out that in Washington, the truth is not always enough.” [Wilson, 2007, pp. 167-169]
Senate Majority Leader Tom Daschle (D-SD) and three other Senate Democrats write a letter to President Bush asking that he appoint a special counsel for the Plame Wilson leak investigation. Daschle and the other senators also ask that Bush order all senior White House senior staff members to sign a statement saying they were not responsible for the leak. [Washington Post, 10/2/2003]
The media begins probing as to whether Vice President Dick Cheney’s chief of staff, Lewis Libby, was involved in the Plame Wilson leak. CBS correspondent John Roberts asks White House press secretary Scott McClellan: “You said the other day, emphatically, that you have received assurances from Karl Rove that he had nothing to do with this (see September 16, 2003, September 27, 2003, and September 29, 2003). Have you since received similar assurances from the vice president’s chief of staff?” McClellan attempts to finesse the question, replying, “I’m not going to go down a list of every single member of the staff of the White House.” Roberts retorts, “That’s just one name.” After the gaggle, McClellan runs into Libby, and warns him that his name is beginning to surface in connection with the leak. McClellan reiterates his answer to Roberts, and says: “Now that there’s an investigation under way, I can’t put myself in that position. I want you to know I’m not trying to leave you hanging out there to dry.” Libby says little in response. [McClellan, 2008, pp. 216-217]
Syndicated columnist Robert Novak, who publicly outed former ambassador Joseph Wilson’s wife Valerie Plame Wilson as a CIA officer in one of his columns three months earlier (see July 14, 2003), writes that he is now forced to revisit that column since “repercussions” from it “have reached the front pages of major newspapers and led off network news broadcasts.” Today’s column, he writes, is to clarify his actions and those of the Bush White House, which have been “distorted” in media reports. Novak says he “did not receive a planned leak” (see Late June 2003, July 8-10, 2003, and July 8, 2003). He asserts that “the CIA never warned me that the disclosure of Wilson’s wife working at the agency would endanger her or anybody else” (see Before July 14, 2003 and September 27, 2003). And, Plame Wilson’s identity “was not much of a secret” (see Before July 14, 2003).
Husband the Real Issue, Novak Claims - Novak attempts to turn the issue around and make Joseph Wilson and the Democrats the focus of the controversy: “Wilson, after telling me in July that he would say nothing about his wife, has made investigation of the leak his life’s work—aided by the relentless Sen. Charles Schumer of New York. These efforts cannot be separated from the massive political assault on President Bush.” Novak points out that Wilson, whom he falsely describes as a former “high-ranking official in President Bill Clinton’s National Security Council,” is now “a vocal opponent of President Bush’s policies in Iraq after contributing to Al Gore in the last election cycle and John Kerry in this one.” (Novak fails to note that Wilson gave campaign contributions to both Republicans and Democrats—see September 30, 2003). Why, Novak asks, was such a “partisan Democrat” given the assignment to investigate the Iraq-Niger uranium claims (see July 6, 2003)?
Again Asserts Wife Sent Wilson to Niger - Novak says that according to “a senior administration official,” Wilson was sent to Niger “by the CIA’s counterproliferation section at the suggestion of one of its employees, his wife. It was an offhand revelation from this official [later revealed as Deputy Secretary of State Richard Armitage—see Late June 2003 and July 8, 2003], who is no partisan gunslinger.” Novak called a second official, later confirmed as White House political adviser Karl Rove (see July 8, 2003), who said, “Oh, you know about it.” Novak calls reports that White House officials “failed to plant this story with six reporters and finally found me as a willing pawn is simply untrue.” He acknowledges being asked not to reveal Plame Wilson’s identity by the CIA official “designated to talk to me,” but denies being told that others might be harmed or intelligence networks might be damaged by the revelation. As for Plame Wilson’s identity being “no big secret,” he asserts, falsely, that Republican activist Clifford May knew of her identity before his column appeared, and, according to May, her CIA status was “common knowledge” (see July 12, 2004). Novak also notes that “Valerie Plame” is listed as Joseph Wilson’s wife in her husband’s “Who’s Who in America” entry, though he fails to note that the entry does not identify her as a CIA employee. He goes on to say that the CIA did not describe her as an “operative,” but a mere “employee” who is “covered”—working under the auspices of another agency. He writes, again falsely, that Plame Wilson “has been an analyst, not in covert operations” (see Fall 1992 - 1996 and April 2001 and After). Finally, Novak writes that the Justice Department investigation was not, in fact, requested by CIA Director George Tenet (see September 26, 2003). The request for an investigation was routine, he claims, one of around one such request a week. [Town Hall (.com), 10/1/2003]
In the days after the Justice Department begins probing the Plame Wilson identity leak (see September 26, 2003 and September 29, 2003), Lewis “Scooter” Libby, the chief of staff to Vice President Dick Cheney, finds a reference in his notes that indicates he learned from Cheney that Valerie Plame Wilson was a covert CIA agent. According to his later testimony, Libby immediately goes to Cheney with the notes, in defiance of instructions from the FBI and the White House counsel’s office not to discuss the matter with colleagues (see September 29-30, 2003). “It turns out that I have a note that I had heard about” Plame Wilson’s CIA identity “from you,” Libby tells Cheney. Libby will later testify that Cheney “didn’t say much” in response. “You know, he said something about, ‘From me?’ something like that, and tilted his head, something he does commonly, and that was that.” [National Journal, 2/19/2007; Associated Press, 11/2/2009] Libby tells Cheney that his public story is that he learned of Plame Wilson’s identity from NBC bureau chief Tim Russert (see July 10 or 11, 2003). Cheney knows that the Russert story is untrue, but does nothing to discourage Libby from telling that story to the FBI (see October 14, 2003 and November 26, 2003) and a grand jury (see March 5, 2004 and March 24, 2004). Cheney also encourages White House press secretary Scott McClellan to publicly exonerate and defend Libby (see October 1, 2003, October 4, 2003, October 4, 2003, and October 5, 2003), who complains that the White House is not doing enough to protect him. In 2007, law professor and former federal prosecutor Dan Richman will say that any criminal interpretation of Cheney’s reaction to Libby’s story depends on the exact words the two men exchanged, and exactly what Cheney knew at the time. “Only Cheney and Libby know the import of their conversation, and as is often the case, each could have even come away with a different impression of what was meant” by what the other said, Richman will observe. “If Cheney was merely showing surprise and interest at what Libby [was] indicating to him he was going to tell investigators, then the vice president is innocent in the exchange. But if he had reason to believe, or personal knowledge, that what Libby was planning to say was untrue then there is good reason to view Cheney’s conduct in an entirely different light—an obstruction interpretation.” Libby knew that Plame Wilson was a CIA official a month before his discussion with Russert (see 12:00 p.m. June 11, 2003 and 2:00 p.m. June 11, 2003), and Cheney confirmed Plame Wilson’s CIA status to Libby around the same time (see (June 12, 2003)). [National Journal, 2/19/2007]
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]
Washington lobbyist Kenneth Duberstein, a friend of Deputy Secretary of State Richard Armitage, calls columnist Robert Novak to say Armitage fears he might have “inadvertently” leaked to him the identity of CIA official Valerie Plame Wilson (see July 8, 2003 and October 1, 2003). (Authors Michael Isikoff and David Corn, in their 2006 book Hubris, will speculate that Duberstein arranged the July 2003 meeting between Novak and Armitage.) Duberstein says that Armitage is considering resigning over his action, and asks Novak if Armitage was his source. Novak declines to confirm Armitage’s status to Duberstein. Novak will later write: “I did not reply because I was sure that Armitage knew he was the source. I believed he contacted me Oct. 1 because of news the weekend of Sept. 27-28 that the Justice Department was investigating the leak” (see September 26, 2003). [Isikoff and Corn, 2006, pp. 252, 325-326; Human Events, 9/14/2006]
FBI agents investigating the Plame Wilson identity leak inform Attorney General John Ashcroft that they believe White House political strategist Karl Rove and conservative columnist Robert Novak may be conspiring to hide the truth behind Rove’s involvement in the leak. They also inform Ashcroft that they believe Lewis Libby, the chief of staff to Vice President Dick Cheney, has lied to FBI investigators about his role in leaking Plame Wilson’s identity to the press. Although it is unclear who provides this briefing to Ashcroft, he is usually briefed on the status of the investigation by John Dion, the head of the FBI investigation, and Christopher Wray, the assistant attorney general in charge of the criminal division. [National Journal, 5/25/2006; National Journal, 6/8/2006]
Novak's Attempt to Protect Rove - They inform Ashcroft of a telephone conversation between Rove and Novak, in which Novak promised to protect Rove from the FBI investigation, presumably by either refusing to disclose him as a source of his knowledge of Plame Wilson’s identity (see September 29, 2003) or lying to investigators. Although Ashcroft receives routine briefings on the status of the FBI investigation, the bureau considers this important enough to warrant a special briefing for him on the matter. The FBI believes that after the conversation with Rove, Novak did indeed change his story about the leak, characterizing White House officials’ role in it as entirely passive. A week after Novak publicly outed Plame Wilson, he told reporters that he didn’t “dig out” the Plame Wilson information, but rather “it was given to me.… They thought it was significant. They gave me the name, and I used it” (see July 21, 2003). This account suggests that Rove was actively trying to expose Plame Wilson as a CIA officer, as reporter Murray Waas will later write. But the same day he spoke with Rove, Novak provided a different story, saying no one at the White House gave him the information (see September 29, 2003). Novak’s first story fits more closely with accounts later given by reporters such as Time’s Matthew Cooper (see July 13, 2005) and the New York Times’s Judith Miller (see September 30, 2005). [National Journal, 5/25/2006]
Libby's Lies to FBI - The FBI also informs Ashcroft that it has acquired evidence—personal notes from Libby—that contradicts Libby’s assertions that he learned of Plame Wilson’s identity from journalists (see October 14, 2003). Libby also told investigators that he had merely considered the information about Plame Wilson’s covert CIA status “unsubstantiated rumors” when he leaked that information to reporters (see June 23, 2003, 8:30 a.m. July 8, 2003, Late Afternoon, July 12, 2003, and 2:24 p.m. July 12, 2003), another lie. [National Journal, 6/8/2006]
Ashcroft Declines to Recuse Himself - Ashcroft will recuse himself from participation in the investigation in December, in part because of the potential of a conflict of interest stemming from his previous relationship with Rove (see December 30, 2003) as well as other White House officials. Some FBI investigators believe that he should have recused himself as soon as he learned that Rove and Libby were possibly involved in the leak; some have also noted privately that many of Ashcroft’s top aides came from the Republican National Committee (RNC), which they suspect has been working closely with the White House to pressure Ashcroft not to name a special prosecutor. In 2006, law professor Stephen Gillers will say: “There is always going to be an interim period during which you decide you will recuse or not recuse. But [Ashcroft] should have had an ‘aha!’ moment when he learned that someone, figuratively, or in this case literally, next door to the president of the United States—who was Ashcroft’s boss—was under suspicion.” Ashcroft’s spokesman Mark Corallo has explained that Ashcroft declined to recuse himself because of his intense interest in the probe. Corallo will later become the spokesman for Rove. Fellow law professor Charles Wolfram, like Gillers a specialist in legal ethics, agrees with Gillers. In 2006, Wolfram says the “most distressing” ethical aspect of the case is that Ashcroft continued overseeing the probe even after Cheney’s name arose. “This should have been a matter of common sense,” Wolfram will note. Ashcroft “should have left it to career prosecutors whether or not to go after politically sensitive targets. You can’t have Ashcroft investigate the people who appointed him or of his own political party.” [National Journal, 6/8/2006]
Entity Tags: Karl C. Rove, Christopher Wray, Charles Wolfram, Federal Bureau of Investigation, John Dion, Richard (“Dick”) Cheney, Mark Corallo, Stephen Gillers, John Ashcroft, Murray Waas, Lewis (“Scooter”) Libby, Robert Novak
Timeline Tags: Niger Uranium and Plame Outing
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]
A 2004 photo of Arnold Schwarzenegger and his wife, Maria Shriver. [Source: Peace Corps Online (.org)]The campaign of Arnold Schwarzenegger (R-CA), the leading contender in California’s gubernatorial recall election, launches a strong counterattack against a Los Angeles Times story that reported six women’s accusations that Schwarzenegger sexually assaulted them (see October 2, 2003).
Candidate Apologizes - The campaign denies the accusations, but Schwarzenegger backs away from his campaign’s initial insistence that he had never acted inappropriately around women. He now says that he had “behaved badly sometimes” and “done things which were not right, which I thought [were] playful [on movie sets]. But I now recognize that I have offended people. And to those people that I have offended, I want to say to them I am deeply sorry about that, and I apologize.”
'Complex Strategy to Minimize' Impact of Allegations - Authors and media observers Kathleen Hall Jamieson and Joseph N. Cappella will later write: “Schwarzenegger’s supporters engaged in a complex strategy to minimize the effect of the allegations. The response included testimonials from the candidate’s wife, newscaster and Kennedy family member Maria Shriver, that Schwarzenegger was a good father and husband and an ‘A-plus human being.’ Shriver also claimed that many of the stories had been fabricated and attacked the Los Angeles Times for the investigation and for publishing the story so close to the election.” Conservative media outlets quickly move to support Shriver’s attacks, and add a new wrinkle: that the Times was quick to print such allegations against Schwarzenegger, but was refusing to print allegations that Democratic Governor Gray Davis had engaged in abusive behavior against women on his staff. Therefore, they say, the Times is engaging in a double standard. Jamieson and Cappella will write: “The conservative claim was a standard one: the ‘liberal media’ were eager to undercut conservatives and protect ‘liberals.’ And voters were encouraged to reject the Schwarzenegger groping allegations but trust those about Davis’s supposed staff abuse.” Columnist Jill Stewart of the Los Angeles Daily News accuses the Times of “sitting on” the Davis story “since at least 1997… that [Davis] is an ‘office batterer’ who has attacked female members of his staff, thrown objects at subservients and launched into red-faced fits, screaming the f-word until staffers cower.” Fox News reports the Davis allegations, and conservative talk show hosts, led by Rush Limbaugh, repeat and embellish the story. Mainstream cable TV outlet MSNBC, in shows hosted by conservatives Joe Scarborough and Pat Buchanan, also report the Davis allegations. On Fox, Stewart accuses the Times of “journalistic malpractice” and “horrible, horrible bias.” [Jamieson and Cappella, 2008, pp. 152-154]
Strategy Successful - The strategy is apparently successful, with Schwarzenegger ousting Davis and 134 other challengers in the recall election. CNN exit polls show that despite the sexual harassment charges, around 47 percent of women voters cast their ballots for Schwarzenegger. [CNN, 10/8/2003]
Times Defends Reporting, Limbaugh Warns Listeners to 'Remember This Business' - Days later, the editor of the Los Angeles Times, James Carroll, will defend the Schwarzenegger sexual harassment story, describing the seven weeks of meticulous interviewing and fact-checking that went into it, and reveal that the Times had twice investigated the allegations of Davis’s supposed ‘office battering’ and found nothing to support the charges. Limbaugh, however, will remind his listeners: “The next time the LA Times or any other mainstream liberal institution starts talking to you about the aftermath in Iraq or the war on terrorism, I want you to remember this business of what they did with Schwarzenegger, and I want you to tell yourself, ‘Schwarzenegger is not an isolated episode.’ If they’re doing it there, where else are they acting as Democrat house organs?” [Jamieson and Cappella, 2008, pp. 154]
Entity Tags: Kathleen Hall Jamieson, James Carroll, Gray Davis, Fox News, Arnold Schwarzenegger, Jill Stewart, Joseph Scarborough, Rush Limbaugh, Joseph N. Cappella, Maria Shriver, Patrick Buchanan, MSNBC, Los Angeles Times, Los Angeles Daily
Timeline Tags: Domestic Propaganda
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]
Syndicated columnist Robert Novak, who has already outed Valerie Plame Wilson as a CIA agent (see July 14, 2003), now outs the CIA front firm that was her cover. In a column reporting that Plame Wilson and her husband Joseph Wilson made campaign donations of $1,000 each to Democratic presidential candidate Al Gore in 1999, Novak notes that Plame Wilson, under her married name of Valerie E. Wilson, “identified herself as an ‘analyst’ with ‘Brewster Jennings & Associates.’ No such firm is listed anywhere, but the late Brewster Jennings was president of Socony-Vacuum oil company a half-century ago. Any CIA employee working under ‘non-official cover’ always is listed with a real firm, but never an imaginary one. Sort of adds to the little mystery.” Novak fails to mention that Joseph Wilson also donated $1,000 to the campaign of George W. Bush. He also fails to note that he has indirectly admitted that he knew Plame Wilson was an undercover CIA agent. [Town Hall (.com), 10/4/2003; Washington Post, 10/4/2003] In 2005, Joseph Wilson will tell a reporter that Novak’s outing of Brewster Jennings indicates a “pattern of disclosure,” presumably indicating that Novak’s revealing of state secrets may rise to the level of criminal behavior. [Raw Story, 7/13/2005]
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]
Salon columnist and media observer Eric Boehlert notes that while the White House has specifically, and emphatically, denied Karl Rove leaked the CIA identity of Valerie Plame Wilson (see September 29, 2003), it has not yet given such coverage to Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney. Circumstantial evidence that the White House may be leaving Libby to, in Boehlert’s words, “twist in the wind” is mounting. The New York Daily News has reported that “Democratic Congressional sources said they would like to hear from… Lewis Libby.” On MSNBC, an administration critic, former counterterrorism official Larry Johnson, who says he knows who the leaker is, would not deny it was Libby. And Senator Chuck Hagel has implied that the leak originated from the vice president’s office when he said that President Bush needs to sit down with Cheney and “ask… what he knows about it.” A former senior CIA officer says, “Libby is certainly suspect No. 1.” Even Cheney’s own spokeswoman, Cathie Martin, refuses to deny Libby’s involvement, saying only, “This is a serious matter and we shouldn’t be speculating in light of an ongoing investigation.” Boehlert notes that conservative columnist Robert Novak, who outed Plame Wilson in one of his columns (see July 14, 2003), has dropped several hints about his primary source that point (inconclusively) to Libby. Novak’s assertion that his source is “no partisan gunslinger” (see October 1, 2003) is a better characterization of Libby than of Rove. Since Novak has referred to his source as “he,” the source cannot be National Security Adviser Condoleezza Rice or any other White House female. Most interestingly, Boehlert notes, Novak was never looking for Plame Wilson’s identity when he spoke with his sources in July 2003. Rather, he wanted to know why former ambassador Joseph Wilson was chosen to go to Niger (see Shortly after February 13, 2002 and February 21, 2002-March 4, 2002). The logical place for Novak to begin such an inquiry, Boehlert writes, was Cheney’s office. Wilson believed Cheney was primarily, if indirectly, responsible for sending him to Niger (see (February 13, 2002)). Time magazine ran a story that revealed Libby was talking to reporters about Wilson (see July 17, 2003). And Boehlert notes other, less significant clues that add incrementally to the evidence showing that Libby might well have been Novak’s source. Finally, Boehlert comes back to Larry Johnson. Johnson confirmed for PBS that Plame Wilson was an undercover CIA agent and not merely an “analyst,” as Novak has asserted. He recently said flatly on MSNBC, “I know the name of the person that spoke with Bob Novak,” and that person works “at the White House,” and more specifically, “in the Old Executive Office Buildings.” Cheney’s office is located inside the Old Executive Office Building. Johnson was asked by co-host Pat Buchanan: “Scooter Libby. Now, is Scooter Libby the name you heard?” Johnson replied, “I’m not going to comment on that.” [Salon, 10/3/2003] The day after Boehlert’s column appears, White House press secretary Scott McClellan gives reporters the same assurance about Libby that he gave to Rove (see October 4, 2003).
Entity Tags: Larry C. Johnson, Catherine (“Cathie”) Martin, Bush administration (43), Chuck Hagel, Karl C. Rove, Lewis (“Scooter”) Libby, Robert Novak, Eric Boehlert, Office of the Vice President, Valerie Plame Wilson, Patrick Buchanan, Richard (“Dick”) Cheney
Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing
A retyped version of Libby’s handwritten note suggesting what McClellan should say to reporters. [Source: US District Court for the District of Columbia / Think Progress]Lewis Libby, the chief of staff for Vice President Dick Cheney who is suspected of leaking CIA official Valerie Plame Wilson’s identity to the press (see June 23, 2003, 8:30 a.m. July 8, 2003, 2:24 p.m. July 12, 2003, and Late Afternoon, July 12, 2003), implores Cheney to have press secretary Scott McClellan publicly exonerate him. In a note whose contents will later be made public during the runup to Libby’s perjury trial (see October 28, 2005 and January 16-23, 2007), Libby suggests what McClellan should say to the press:
“People have made too much of the difference in
“How I described Karl and Libby
“I’ve talked to Libby.
“I said it was ridiculous about Karl
“And it is ridiculous about Libby.
“Libby was not the source of the Novak story.
“And he did not leak classified information.” [Think Progress, 4/6/2006; US District Court for the District of Columbia, 4/5/2009 ]
Cheney will write a note recommending Libby’s public exoneration (see October 4, 2003). McClellan will use much of Libby’s wording in his statement to the press (see October 4, 2003 and October 4, 2003).
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:
“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
“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
“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).
On CNBC’s Capital Report, NBC reporter Andrea Mitchell says it should be “easily ascertained” who the sources were for the Plame Wilson identity leak. Asked, “Do we have any idea how widely known it was in Washington that Joe Wilson’s wife worked for the CIA?” Mitchell responds, “It was widely known among those of us who cover the intelligence community and who were actively engaged in trying to track down who among the foreign service community was the envoy to Niger” (see February 21, 2002-March 4, 2002). Many interpret Mitchell’s comment to mean that she and many other reporters knew about Plame Wilson’s CIA status. Mitchell will later recant her statement, saying she misunderstood the question and “screwed it up.” [US District Court for the District of Columbia, 1/26/2006 ; US District Court for the District of Columbia, 5/26/2006 ] Mitchell will later explain her misstatement on a broadcast of the Don Imus radio and television show, saying: “This is one of those things. We’ve got a whole new world of journalism out there where there are people writing blogs who are going to grab this one thing and not everything else I have written and said about this and go to town with it. It supports their political point of view, and… bingo.” [Jane Hamsher, 3/13/2007]
The leak of Valerie Plame Wilson’s identity as a CIA officer by conservative columnist Robert Novak (see July 14, 2003) has resulted in the exposure of a CIA front company, potentially causing widespread damage to overseas intelligence gathering. Yesterday, Novak revealed the name of the firm in another column (see October 2, 2003). The fictitious Boston firm, Brewster Jennings & Associates, appears in Federal Election Commission records on a 1999 form filled out by Plame Wilson when she donated $1,000 to the presidential campaign of Al Gore (D-TN). Once the Novak column was published, CIA officials admitted that it is a front. Brewster Jennings is listed as Plame Wilson’s employer on her 1999 tax forms, though she was working as an undercover CIA officer at the time. A former diplomat says that since Brewster Jennings and Plame Wilson have been exposed, every foreign intelligence service is running the names through their own databases to determine whether she ever visited their countries and what kinds of contacts she made there. “That’s why the agency is so sensitive about just publishing her name,” the former diplomat says. [Washington Post, 10/4/2003]
Plame's NOC Status, 'Legend' - As one of a very small, select number of “nonofficial cover” officers, Plame Wilson would have enjoyed little or no government protection had her cover been blown while she was overseas. Training officers such as her cost millions of dollars and require elaborate constructions of fictional background, called “legends,” including the creation of CIA front companies such as Brewster Jennings. The amount of damage caused by the outing of Plame Wilson and Brewster Jennings is incalculable. Former CIA counterterrorism chief Vincent Cannistraro says many other CIA agents and foreign assets are now endangered, and future attempts to convince foreign citizens to share information with US intelligence agencies will be hampered. Former CIA and State Department official Larry Johnson, who trained with Plame Wilson in 1985, says that when the damage is fully assessed, “at the end of the day, [the harm] will be huge and some people potentially may have lost their lives.” Johnson describes himself as “furious, absolutely furious” at the breach. “We feel like the peasants with torches and pitchforks,” he says. “The robber barons aren’t going to be allowed to get away with this.” Former CIA officer Jim Marcinkowski, who also trained with Plame Wilson, agrees: “This is not just another leak. This is an unprecedented exposing of an agent’s identity.” While the CIA continues to keep details of Plame Wilson’s career secret, it is known that she was attached to a US embassy in Europe in 1990 and 1991 (more information on her overseas postings will later be revealed—see Fall 1985, Fall 1989, Fall 1992 - 1996, and April 2001 and After). It is known that when Novak blew her cover, she was a senior case officer for the CIA’s counterproliferation division, working with intelligence about hostile countries and WMD. “All the people who had innocent lunches with her overseas or went shopping or played tennis with her, I’m sure they are having heart attacks right now,” says one former colleague who was also in covert operations. “I would be in hiding now if I were them.” [Washington Post, 10/8/2003; Knight Ridder, 10/11/2003]
Brewster Jennings Just One of Plame Wilson's Cover Firms - Former intelligence officials confirm that Brewster Jennings was just one of several cover affiliations that Plame Wilson used when she was operating overseas. “All it was was a telephone and a post office box,” says one former intelligence officer. “When she was abroad she had a more viable cover.” [Boston Globe, 10/10/2003] Cannistraro will later add that when Plame Wilson was operating undercover outside the US, she would have had a real job with a more legitimate company. The Boston company “is not an indicator of what she did overseas.” Now, those firms are themselves in jeopardy of exposure for working with US intelligence. [Wilson, 2007, pp. 343-344] In 2007, former CIA and National Security Council official Bruce Riedel will say: “I have looked at the part of her CV that is in the open domain. The agency spent an awful lot of effort building a really good cover for this person. A lot of effort. People who say this was not a covert operative don’t understand what they’re saying. This was intended to be a nonofficial cover person who would have the credentials to be a very serious operative. The damage done to the mission of the organization by exposing her, and how cover is built, is pretty serious.” [Wilson, 2007, pp. 343]
Entity Tags: Valerie Plame Wilson, Robert Novak, Vincent Cannistraro, Jim Marcinkowski, Central Intelligence Agency, Brewster Jennings, Counterproliferation Division, Albert Arnold (“Al”) Gore, Jr., Federal Election Commission, Larry C. Johnson, Bruce Riedel
Timeline Tags: Niger Uranium and Plame Outing
The Reverend Fred Phelps, minister of the Westboro Baptist Church in Topeka, Kansas, announces plans to erect a monument in the Casper, Wyoming, City Park to “commemorate” the murder of gay college student Matthew Shepard five years ago (see October 9, 1998 and After). According to Phelps, the marker would bear a likeness to Shepard and read: “MATTHEW SHEPARD, Entered Hell October 12, 1998, in Defiance of God’s Warning: ‘Thou shalt not lie with mankind as with womankind; it is abomination.’ Leviticus 18:22.” Few Casper City Council members support Phelps’s plans. Councilwoman Barb Watters says: “When Phelps puts on one side his picture with the thing about killing all the gays, and they put on the other side of the thing a picture of Hitler that says ‘Kill all the Jews.’ That is what you are opening yourself up for.” Councilman Paul Bertoglio notes: “I think the hate language will find a very cold reception in this community. I think this community’s backbone is going to come up and say, ‘We are not going to accept it.’” Of Shepard, Phelps says: “It all comes back to Casper, Wyoming. That is his home, that is where he was born, where that church is, where those institutions… conspired in a confluence of evil resulting in a Zeitgeist that is extraordinarily evil. He [Shepard] was not a hero. This is a great monster sin against God. It is not an innocent alternate lifestyle. And all that has come down in that one little evil town called Casper, Wyoming. And we can’t ignore that.” The city will not allow the monument to be erected. [Casper Tribune, 10/3/2003] The WBC soon builds a virtual “monument” to Shepard on its Web site (see 1997), which depicts him burning in hell. A photo of Shepard is wreathed in animated flames, and mousing over the photograph triggers an audio response of recorded screams and a voice shouting, “For God’s sake, listen to Phelps!” A counter on the site displays how many days Shepard has “Been in Hell.” The site claims: “WBC does not support the murder of Matthew Shepard: ‘thou shalt not kill.’ Unless his killers repent, they will receive the same sentence that Matthew Shepard received—eternal fire. However, the truth about Matthew Shepard needs to be known. He lived a Satanic lifestyle. He got himself killed trolling for anonymous homosexual sex in a bar at midnight.” [Global Oneness, 2011; Southern Poverty Law Center, 2012]
After being ordered to assure the press that Lewis “Scooter” Libby knew nothing of the Plame Wilson leak (see October 4, 2003), White House press secretary Scott McClellan agrees to follow that order if Libby himself will give him that same assurance. McClellan calls Libby and asks, “Were you involved in the leak in any way?” Libby replies, “No, absolutely not.” Together, they decide what reporters McClellan should call, and McClellan begins spreading the word among a wide array of national media correspondents. [McClellan, 2008, pp. 218-220] (Later research by author and blogger Marcy Wheeler indicates the reporters McClellan contacts are most likely the Associated Press’s Scott Lindlaw, Michael Isikoff or Evan Thomas of Newsweek, an unnamed reporter for the New York Times, and the Washington Post’s Mike Allen.) [Marcy Wheeler, 6/10/2008] The line is, as agreed upon, Libby “neither leaked the classified information, nor would he condone it.” Shortly afterwards, McClellan decides on his own to make the same assurances about National Security Council staffer Elliott Abrams, who has angrily denied rumors of his own involvement (see October 5, 2003). “I was becoming increasingly frustrated,” McClellan will write, “as this was exactly what I didn’t want to happen. I was putting myself in the middle of the investigation by publicly vouching for people, against my own wishes and against the sound advice of White House counsel.… In hindsight, the president should have overruled his advisers and demanded that an internal investigation be conducted to determine whether there might have been any White House involvement. He also should have ordered the public release of as much information as possible as soon as it was known, so that the scandal would not take on a life of its own.” McClellan will theorize that Bush “chose not to do so, perhaps feeling that keeping clear of the story would insulate him and protect him from potential political damage. Instead, it gave the story broader and longer life, only helping to reinforce the permanent state of suspicion and partisan warfare he had pledged to move beyond.” [McClellan, 2008, pp. 218-220]
At his home, White House press secretary Scott McClellan receives a call from White House chief of staff Andrew Card. Card makes a request that shocks McClellan: “The president and vice president spoke this morning. They want you to give the press the same assurance for Scooter [Lewis Libby, the vice president’s chief of staff] that you gave for [White House deputy chief of staff] Karl [Rove]” (see September 29, 2003). According to McClellan’s 2008 book What Happened, he acquiesces, “not really indicating my instinctive disinclination to do what he was directing me to do.” McClellan doesn’t want to begin absolving one official after another to the press. He has already refused to absolve Libby for the press once (see October 1, 2003), and knows “if other names started to surface… the press would be curious why I’d asked Scooter about his involvement, and why the White House wasn’t asking every staff member the same question.” However, he will write: “this was an order coming from on high. As a result, I was about to cross the line I’d drawn publicly once the investigation had gotten underway earlier in the week.” McClellan will write that he is sure President Bush had no knowledge of Libby, Rove, or anyone else being involved in leaking Plame Wilson’s identity. “I wish I could say the same about the vice president,” he will add. “I simply don’t know for sure.” [McClellan, 2008, pp. 217-218] Card makes his request shortly after Vice President Cheney writes a memo demanding Libby’s public exoneration (see October 4, 2003).
Cheney’s original ‘meat grinder’ note. [Source: Office of the Vice President / FireDogLake]Vice President Dick Cheney writes a note, later dubbed the “meat grinder” note, saying that the Bush administration should tell reporters that his chief of staff, Lewis Libby, should be issued a denial of involvement in the Plame Wilson leak, just as White House political strategist Karl Rove has received (see September 29, 2003). The note reads: “Has to happen today. Call out to key press saying same thing about Scooter as Karl. Not going to protect one staffer & sacrifice the guy the Pres [the words “the Pres” are scratched out] that was asked to stick his neck in the meat grinder because of the incompetence of others—” The rest of the note contains talking points for the denial. It is unclear if the note is for Cheney’s own reference or intended for someone else [Office of the Vice President, 10/4/2003; Marcy Wheeler, 6/9/2008] , though Cheney has received a request from Libby that he be publicly exonerated (see Before October 4, 2003). The same day, White House chief of staff Andrew Card asks press secretary Scott McClellan to issue a denial on behalf of Libby (see October 4, 2003). McClellan complies (see October 4, 2003).
Through White House spokesmen, two senior Bush officials deny being involved in the Valerie Plame Wilson identity leak (see July 14, 2003 and July 17, 2003). Neither Lewis “Scooter” Libby, chief of staff for Vice President Dick Cheney, nor Elliott Abrams, the director of Middle East affairs for the National Security Council, were involved in the leak, according to spokesmen; the same claim has been made for White House deputy chief of staff Karl Rove. According to press secretary Scott McClellan, Libby “neither leaked the classified information, nor would he condone it.” The disclaimers are in response to reporters’ questions. [New York Times, 10/5/2003] In 2007, the prosecution in the Libby perjury trial (see January 16-23, 2007) will enter into evidence a page of undated notes taken by Libby around this time. The notes are talking points for McClellan, and indicate that McClellan should use lines such as “I’ve talked to Libby. I’ve said it was ridiculous about Karl and it is ridiculous about Libby. Libby was not the source of the Novak story. And he did not leak classified information.” Libby’s notes also advise McClellan to say something like, “Not going to protect one staffer & sacrifice the guy the Pres that was asked to stick his neck in the meat grinder because of the incompetence of others.” Cheney has crossed out the words “the Pres,” obviously not wanting McClellan to reference President Bush (see October 4, 2003). [Office of the Vice President, 9/2003 ; National Public Radio, 3/7/2007]
President Bush says offhandedly of the Plame Wilson leak (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, and Before July 14, 2003) that Washington “is a town full of people who like to leak information. And I don’t know if we’re going to find out the senior administration official.… You tell me: How many sources have you had that’s leaked information, that you’ve exposed or had been exposed? Probably none.” Many find Bush’s insouciance astonishing, considering the lengths his administration has gone to in the past to punish leakers. In response, Senator Charles Schumer (D-NY) calls for a special counsel to investigate the leak. Schumer also asks for an investigation of the three-day delay between the original announcement of the investigation and the instructions to the White House staff to preserve all relevant records (see September 29-30, 2003), and the possible conflict of interest concerning Attorney General John Ashcroft, who had once employed White House political strategist Karl Rove, named as a likely source of the leak (see September 30, 2003). [Vanity Fair, 1/2004; Rich, 2006, pp. 102] Plame Wilson’s husband, former ambassador Joseph Wilson, will later write that he was “particularly offended” when Bush told reporters he wanted to know the truth, but then placed the responsibility upon journalists themselves to find the source of the leak. Wilson will reflect, “His lack of genuine concern stunned and disappointed me.” [Wilson, 2004, pp. 397]
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]
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]
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]
Representative Henry Waxman (D-CA), the ranking member of the House Oversight Committee, writes a letter to committee chairman Tom Davis (R-VA), asking that the committee open an investigation into the Plame Wilson identity leak. Waxman’s letter will not receive a response. Davis has already ignored one such request (see September 29, 2003). [Waxman, 12/2005]
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]
The British High Court rules that the former inhabitants of the Chagos Islands have no grounds for bringing a claim against the British government and no realistic prospect of succeeding, even though a ruling in 2000 (see November 3, 2000) had determined that Britain’s mass eviction of the islanders in the early 1970s (see July 27, 1971-May 26, 1973) had been illegal. In his 750-page ruling, Justice Ouseley complains that the plaintiffs did not provide reliable evidence that individual Chagossians had been “treated shamefully by successive UK governments.” He did however acknowledge that the mass eviction was not just and that compensation received so far by the Chagossians was inadequate. “Many were given nothing for years but a callous separation from their homes, belongings and way of life and a terrible journey to privation and hardship,” he says. During the trial, the attorney general and British Indian Ocean Territory Commissioner claimed that the islanders had not opposed being removed from their homes and shipped to a foreign land with little or no assistance. They also denied allegations that the mass eviction had been implemented dishonestly or in bad faith. [BBC, 10/9/2003; British Royal Courts of Justice, 10/9/2003]
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]
Many legal experts are highly critical of President Bush’s recent declaration that the identity of the leaker of Valerie Plame Wilson’s CIA identity may never be known (see October 7, 2003), and the White House’s declaration that three senior aides—Karl Rove, Lewis Libby, and Elliott Abrams—are not responsible for the leak (see October 4, 2003 and October 5, 2003). They echo criticisms leveled by Senate Democrats, who say that such declarations undermine the investigation into the leak (see October 10, 2003). Not only do such statements call into question the independence of the Justice Department investigation (see September 26, 2003), the experts say, but the propriety of attempting to clear top officials before the investigation has concluded is equally questionable. Law professor Mary Cheh calls such statements “quite irregular” and says that they could have a chilling effect on the investigation. “It will take someone of considerable fortitude [in the Justice Department] to look past such statements” and investigate any of the officials, she notes. Abner Mikva, former White House counsel to President Clinton, says that despite the White House’s assurances that the three officials are innocent: “I would hope that the Justice Department will do whatever it is supposed to do anyway. But does it have a chilling effect? Sure it does.” Defense lawyer Jeralyn Merritt says if Bush claims not to know the identity of the leaker, neither he nor any White House officials can rule out the involvement of any of their personnel. “I think a special counsel would be an excellent idea,” she says. Law professor Stephen Gillers says White House press secretary Scott McClellan has no way to know if any of the three officials are innocent or guilty. If any of them are guilty, Gillers notes, they can be expected to go to great lengths to keep their participation secret. Gillers also says that Bush appears to be soft-pedaling the investigation by publicly doubting its effectiveness, even if most leak investigations do not yield the name of the leaker. Cheh says the only way the Justice Department can conduct a fair and independent investigation is if the White House ensures that the investigators are “walled off” from political considerations. [Chicago Tribune, 10/10/2003]
Entity Tags: Lewis (“Scooter”) Libby, Elliott Abrams, Abner Mikva, George W. Bush, Karl C. Rove, Scott McClellan, Jeralyn Merritt, Valerie Plame Wilson, Stephen Gillers, US Department of Justice, Mary Cheh
Timeline Tags: Niger Uranium and Plame Outing
Frank Lautenberg, one of the Senate Democrats critical of the White House’s response to the leak investigation. [Source: Washington Post]Congressional Democrats question whether President Bush and White House officials are trying to influence the Plame Wilson leak investigation through their comments. Recently, Bush told reporters that he doubted the person or persons who leaked CIA agent Valerie Plame Wilson’s identity to the press would ever be identified (see October 7, 2003). While administration officials say Bush was just acknowledging the difficulties such an investigation presents, Senator Frank Lautenberg (D-NJ) says his comments threaten to undermine the investigation by lowering expectations. “If the president says, ‘I don’t know if we’re going to find this person,’ what kind of a statement is that for the president of the United States to make?” Lautenberg asks. “Would he say that about a bank-robbery investigation? He should be as indignant as everybody else is over this breach.” Bush, says Lautenberg, “certainly seems far less certain about finding the leaker than he is about finding Osama bin Laden or Saddam Hussein.” Plame Wilson’s husband Joseph Wilson agrees. “This goes far beyond someone identifying my wife,” he says. “This was a breach of public trust, and I would think it would behoove the president to ensure that the appropriate assets are devoted to identifying the leaker.” In contrast, White House press secretary Scott McClellan says that criticism of the investigation “appear[s] to be more about politics than about getting to the bottom of the investigation.” Democrats are also critical of the White House’s vocal opposition to the appointment of a special prosecutor to handle the investigation. And they question McClellan’s recent attempts to exonerate three administration officials—Karl Rove, Lewis Libby, and Elliott Abrams—from any responsibility for the leak (see October 4, 2003 and October 5, 2003). In a letter to Bush, four Democratic senators—Tom Daschle (D-SD), Carl Levin (D-MI), Joseph Biden (D-DE), and Charles Schumer (D-NY)—write that McClellan’s assurances are part of an overall pattern of missteps and errors surrounding the White House’s response to the leak investigation. McClellan lacks the legal expertise to question possible suspects, they note. “The White House has now put the Justice Department in the position of having to determine not only what happened, but also whether to contradict the publicly stated position of the White House,” the senators write. Justice Department spokesman Mark Corallo says that anything White House officials say has “nothing to do with this investigation. The investigation will follow the facts.” [New York Times Magazine, 10/10/2003]
Entity Tags: George W. Bush, Charles Schumer, Carl Levin, Bush administration (43), Valerie Plame Wilson, Frank R. Lautenberg, US Department of Justice, Scott McClellan, Joseph Biden, Joseph C. Wilson, Elliott Abrams, Lewis (“Scooter”) Libby, Mark Corallo, Tom Daschle, Karl C. Rove
Timeline Tags: Niger Uranium and Plame Outing
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]
In a press conference, White House press secretary Scott McClellan once again denies that White House officials Karl Rove, Elliott Abrams, and Lewis Libby had any involvement in the Plame Wilson identity leak. A reporter asks “whether any of them told any reporter that Valerie Plame [Wilson] worked for the CIA,” and McClellan responds: “Those individuals—I talked—I spoke with those individuals, as I pointed out, and those individuals assured me they were not involved in this. And that’s where it stands.… They assured me that they were not involved in this.” [White House, 10/10/2003]
Knight Ridder reporter Warren Strobel publishes an analysis of the potential damage the Plame Wilson identity leak (see Fall 1992 - 1996 and July 14, 2003) has caused to the CIA and to US national security. According to current and former CIA officials interviewed by Strobel, revealing Plame Wilson’s identity “may have damaged US national security to a much greater extent than generally realized.” Former CIA and State Department official Larry Johnson says flatly, “At the end of the day, [the harm] will be huge and some people potentially may have lost their lives.” Strobel notes that Plame Wilson’s training cost the US “millions of dollars and requires the time-consuming establishment of elaborate fictions, called ‘legends,’ including in this case the creation of a CIA front company that helped lend plausibility to her trips overseas.” Conservative columnist Robert Novak not only outed Plame Wilson, but her front company, Brewster Jennings (see October 2, 2003), a revelation that former CIA counterterrorism chief Vincent Cannistraro says puts other CIA officers at risk as well (see October 3, 2003). Plame Wilson’s career, as a specialist in Iraqi WMD, is now over, costing the agency her expertise, knowledge, and, perhaps most irreplaceably, the network of operatives and sources she has built up over the years. Former CIA agent Jim Marcinkowski, now a prosecutor in Michigan, says: “This is not just another leak. This is an unprecedented exposing of an agent’s identity.” Johnson calls himself “furious, absolutely furious” at the security breach. [Knight Ridder, 10/11/2003] According to anonymous intelligence officials, the CIA performed an “aggressive,” in-house assessment of the damage done by her exposure, and found it to have been “severe” (see Before September 16, 2003). It is unlikely that Strobel is aware of this assessment.
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).
John Dickerson. [Source: Writers Voice (.net)]Time magazine carries an article suggesting that White House official Karl Rove is no longer under suspicion for leaking the identity of CIA official Valerie Plame Wilson. However, at least three reporters involved in the writing and editing of the article know that Rove leaked the name, according to an analysis by the Media Matters website. The article prominently features White House press secretary Scott McClellan’s denial that Rove had any involvement in the leak (see September 29, 2003). Reporter Matthew Cooper, who himself had Plame Wilson’s identity leaked to him by Rove (see 11:00 a.m. July 11, 2003), and editors Michael Duffy and John Dickerson all know of Rove’s involvement in the leak. Duffy learned of the Rove leak from an e-mail Cooper sent him. Dickerson will later acknowledge that he, too, is aware of Rove’s leak to Cooper at the same time (see February 7, 2006). Although both Cooper and Dickerson are credited with writing the article, and Duffy edits it, none reveal their knowledge that McClellan’s denial is false and that Rove had, indeed, leaked Plame Wilson’s identity. Indeed, Media Matters will note, the article gives implicit credence to the notion that Rove is no longer under suspicion for the leak. Media Matters will also note that Dickerson will go on to co-write a January 2004 Time article with another reporter, Viveca Novak, which will say in part, “If there are culprits in the White House who leaked the identity of CIA operative Valerie Plame, they may now be dependent on reporters to protect their identities.” Media Matters will note that Dickerson was well aware that there were indeed “culprits” in the White House who outed Plame Wilson: “He knew there was at least one, and he knew who it was. Yet he told readers it was an open question and that no charges were likely.” Media Matters will also note that Novak knew at some point that Rove was Cooper’s source, though it is unclear if she knows it when she co-writes the January 2004 article with Dickerson. [Time, 1/12/2004; Media Matters, 2/6/2006] In 2005, the Los Angeles Times will report that Time magazine justified its reporting by saying it was “concerned about becoming part of such an explosive story in an election year.” [Los Angeles Times, 8/25/2005]
Senate Minority Leader Tom Daschle (D-SD) asks CIA Director George Tenet to conduct a damage assessment for the Valerie Plame Wilson identity leak. [CounterPunch, 11/9/2005] According to anonymous intelligence officials, the CIA has already performed an “aggressive,” in-house assessment of the damage done by her exposure, and found the damage to have been “severe” (see Before September 16, 2003). It is unclear if Daschle knows about the CIA assessment.
Lewis “Scooter” Libby, the chief of staff for Vice President Cheney, is interviewed by the FBI concerning the outing of CIA agent Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). [Office of the Vice President, 10/14/2003 ; US District Court for the District of Columbia, 10/28/2005 ; US District Court for the District of Columbia, 10/30/2006 ; MSNBC, 2/21/2007] Libby tells investigators that in his conversations with reporters Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and Matthew Cooper (see 2:24 p.m. July 12, 2003) he was careful to tell them that the information about Plame Wilson was merely “unsubtianted gossip” and not necessarily reliable. He also claims that, before he spoke to either Miller or Cooper, he learned of Plame Wilson’s CIA status from another journalist, NBC’s Tim Russert (see July 10 or 11, 2003). Libby is lying in both instances (see August 7, 2004). [US District Court for the District of Columbia, 10/28/2005 ; National Journal, 6/8/2006; US District Court for the District of Columbia, 10/30/2006 ]
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).
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]
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]
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]
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]
Amnesty International publishes a report stating that it believes that “the totality of conditions” in which “most” of the detainees at Guantanamo are being held may itself amount to cruel, inhuman, or degrading treatment. Amnesty notes that the Committee against Torture, established to oversee implementation of the Convention against Torture (see October 21, 1994), “has expressly held that restraining detainees in very painful positions, hooding, threats, and prolonged sleep deprivation are methods of interrogation which violate the prohibition on torture and cruel, inhuman or degrading treatment.” [Amnesty International, 10/20/2003]
Prosecutor Patrick Fitzgerald testifies before the Senate Committee on the Judiciary about post-9/11 legislative changes, and says that the removal of the “wall” was a significant step forward for US counterintelligence. The wall was a set of procedures which regulated the passage of intelligence information within the FBI and from the FBI to prosecutors (see July 19, 1995). Fitzgerald says the removal of the wall represented “the single greatest change that could be made to protect our country.” He cites four cases that he says are examples of how the wall and other such obstacles have hampered counterterrorism efforts:
The arrest of Ali Mohamed. Fitzgerald claims it would have been “far less difficult” to arrest al-Qaeda operative Ali Mohamed for his involvement in the attacks on US embassies in East Africa (see September 10, 1998) had it not been for the wall. [US Congress, 10/21/2003] However, author Peter Lance will point out, “But Fitzgerald neglected to tell the senators that… prosecutors and FBI agents had been monitoring the bombing cell members for two years or that they’d had multiple face-to-face meetings with Mohamed himself.” Mohamed, who was called a “key figure” in the Day of Terror plot in the US press in early 1995 (see February 3, 1995), had actually met Fitzgerald a year before the arrest and told him that he had trained bin Laden’s bodyguards, lived in bin Laden’s house, loved and believed in bin Laden, and that he didn’t need a fatwa to attack the US, as it was obvious the US was the enemy (see After October 1997). [Lance, 2006, pp. 274-6, 299-300]
The Day of Terror conspiracy. After the partial success of the World Trade Center bombing (see February 26, 1993), the conspirators planned to attack other targets in New York, but were arrested by the FBI, which had penetrated their cell. All of the arrested plotters were successfully convicted. However, Fitzgerald tells the committee, “Prosecutors were in the dark about the details of the plot until very late in the day.” [US Congress, 10/21/2003; Lance, 2006, pp. 118-9]
The Millennium Alert. Fitzgerald says that in 1999, investigations into suspected millennium plots were hampered because “criminal prosecutors received information only in part and with lag time so as not to breach the wall.” All attacks planned for the millennium failed, including one plot to bomb the Los Angeles airport (see December 31, 1999-January 1, 2000).
Sharing Wadih El-Hage’s grand jury interview. In 1997, Al-Qaeda operative El-Hage provided information about bin Laden and his associates to a grand jury. Fitzgerald wanted to pass some of this information along to intelligence investigators (see September 24, 1997) but was unable to because grand jury information cannot be shared with intelligence investigators. To get around this restriction, an FBI agent had to get El-Hage to repeat the information outside the grand jury room. (Note: this example is not directly related to the “wall” under the Foreign Intelligence Surveillance Act, but rather to a similar obstacle governing the passage of information in the opposite direction—from criminal agents to intelligence agents). [US Congress, 10/21/2003]
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]
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]
Omar al-Faruq. [Source: Public domain]In a meeting with Indonesian President Megawati Sukarnoputri, President Bush falsely promises to let Hambali stand trial in Indonesia. Hambali, an Indonesian citizen wanted for a string of attacks in Indonesia, including the 2002 Bali bombings (see October 12, 2002), was recently arrested in Thailand and taken in US custody (see August 12, 2003). White House communications director Dan Bartlett tells reporters that Bush has “committed to work with [the Indonesian authorities] at an appropriate time, that he would work to make sure that Hambali was handed over.” An Indonesian foreign ministry spokesman adds: “Absolutely, Bush promised to hand over Hambali to Indonesia for trial. The only condition is that the process of interrogation (by US agents) has to be completed. Bush said that still needed more time.” The US has been sharing some information from Hambali’s interrogation with Indonesian authorities, but does not allow them to question him directly, allegedly for fear of information leaks. [Associated Press, 10/24/2003] In 2002, the US did allow Indonesian investigators to directly interrogate another Indonesian in US custody, Omar al-Faruq. Ironically, it appears that extensive details of al-Faruq’s interrogation were leaked to the media, but by US officials, not Indonesian ones (see June 5, 2002). The US will not allow Indonesian officials to directly interrogate Hambali during a 2005 trial of his alleged close associate Abu Bakar Bashir, allowing Bashir to go free (see March 3, 2005). In late 2005, Hank Crumpton, a senior State Department official visiting Indonesia, again makes the promise that the US will eventually turn Hambali over to the Indonesian government. [New York Times, 10/19/2005] But in 2006, the US transfers Hambali to the Guantanamo prison with the intention of eventually trying him before a military tribunal (see September 2-3, 2006).
Three former CIA agents, Brent Cavan, Jim Marcinkowski, and Larry Johnson, and one current CIA official who declines to be identified, prepare a joint statement for the Senate Intelligence Committee. Because of problems with travel arrangements, Marcinkowski appears alone.
'You Are a Traitor and You Are Our Enemy' - In a closed session, Marcinkowski delivers their statement, which reads in part: “We acknowledge our obligation to protect each other and the intelligence community and the information we used to do our jobs. We are speaking out because someone in the Bush administration seemingly does not understand this, although they signed the same oaths of allegiance and confidentiality that we did. Many of us have moved on into the private sector, where this agency aspect of our lives means little, but we have not forgotten our initial oaths to support the Constitution, our government, and to protect the secrets we learned and to protect each other. We still have friends who serve. We protect them literally by keeping our mouths shut unless we are speaking amongst ourselves. We understand what this bond or the lack of it means. Clearly some in the Bush administration do not understand the requirement to protect and shield national security assets. Based on published information we can only conclude that partisan politics by people in the Bush administration overrode the moral and legal obligations to protect clandestine officers and security assets. Beyond supporting Mrs. Wilson with our moral support and prayers we want to send a clear message to the political operatives responsible for this. You are a traitor and you are our enemy. You should lose your job and probably should go to jail for blowing the cover of a clandestine intelligence officer. You have set a sickening precedent. You have warned all US intelligence officers that you may be compromised if you are providing information the White House does not like.… Politicians must not politicize the intelligence community. President Bush has been a decisive leader in the war on terrorism, at least initially. What about decisiveness now? Where is the accountability he promised us in the wake of Clinton administration scandals? We find it hard to believe the president lacks the wherewithal to get to bottom of this travesty. It is up to the president to restore the bonds of trust with the intelligence community that have been shattered by this tawdry incident.”
Questions from Senators - One committee member, Chuck Hagel (R-NE), asks Marcinkowski if he believes the White House can investigate itself, a reference to the White House’s promise to conduct a thorough internal investigation (see March 16, 2007). Marcinkowski replies that if the attorney general is trying to intimidate federal judges, it is unlikely that he can be trusted to conduct such an investigation. Another senator, Christopher “Kit” Bond (R-MO), challenges Marcinkowski, demanding that he cease attacking “my friend” Attorney General John Ashcroft. According to Marcinkowski’s later recollection, “A total food fight ensued,” with committee member Dianne Feinstein (D-CA) accusing Bond of trying to intimidate a witness.
Immediate Classification - A few minutes after the hearing concludes, Marcinkowski learns that the entire hearing has been declared secret by committee chairman Pat Roberts (R-KS). Marcinkowski, who is scheduled to testify again before a Democrats-only hearing the next day, is incensed. He believes that Roberts deliberately scheduled the full committee hearing to come before the Democratic hearing, so he can classify Marcinkowski’s testimony and prevent him from testifying publicly in support of Plame Wilson. Marcinkowski decides to appear before the Democratic hearing anyway. He calls a Democratic staffer and says, “You call Roberts’s office and you tell him I said that he can go straight to hell.” Marcinkowski anticipates being arrested as soon as his testimony before the Democratic committee members, not knowing that Roberts has no authority to classify anything.
Democratic Hearing - Marcinkowski, joined by Johnson and former CIA counterterrorism chief Vincent Cannistraro, testifies before the committee’s Democrats. The last question is from Senate Minority Leader Tom Daschle (D-SD), who has this question whispered to him by ranking member John D. Rockefeller (D-WV). Rockefeller says: “I would like to ask Mr. Marcinkowski, who is an attorney, one more question. Do you think the White House can investigate itself?” After the hearing, Rockefeller grabs Marcinkowski’s hand and asks, “What did you think of the food fight yesterday?” [No Quarter, 7/18/2005; Wilson, 2007, pp. 382-386]
Entity Tags: George W. Bush, Chuck Hagel, Christopher (“Kit”) Bond, Central Intelligence Agency, Bush administration (43), Brent Cavan, Dianne Feinstein, Vincent Cannistraro, Senate Intelligence Committee, Clinton administration, Larry C. Johnson, John D. Rockefeller, John Ashcroft, Tom Daschle, Jim Marcinkowski, Pat Roberts, Valerie Plame Wilson
Timeline Tags: Niger Uranium and Plame Outing
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]
During a Rose Garden press conference, President Bush is asked why he has not required White House staffers to sign affidavits denying their involvement in the Plame Wilson leak. The reporter asks: “You have said that you are eager to find out whether somebody in the White House leaked the identity of an undercover CIA agent. Many experts in such investigations say you can find if there was a leaker in the White House within hours if you asked all staff members to sign affidavits denying involvement. Why not take that step?” Bush responds: “[T]he best group of people to do that so that you believe the answer is the professionals at the Justice Department. And they’re moving forward with the investigation. It’s a criminal investigation. It is an important investigation. I’d like to know if somebody in my White House did leak sensitive information. As you know, I’ve been outspoken on leaks. And whether they happened in the White House, or happened in the administration, or happened on Capitol Hill, it is a—they can be very damaging. And so this investigation is ongoing and—by professionals who do this for a living, and I hope they—I’d like to know.” [White House, 10/28/2003]
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]
The Office of Legal Counsel (OLC)‘s Nicholas Quinn Rosenkranz sends a classified memo to his boss, OLC chief Jack Goldsmith. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo concerns the Geneva Conventions. [American Civil Liberties Union [PDF], 1/28/2009 ]
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]
Lawyers for accused terrorist Zacarias Moussaoui, battling to force the US government to allow them to depose other accused terrorists as part of their defense (see May 14, 2003), contact Jeff Almeida, the lawyer for the plaintiffs who sought to reopen the 1953 state secrets case US v Reynolds. They ask how his petition for coram nobis—a request for the court to “right a wrong”—went. Almeida tells them that the Court turned the petition down without comment (see June 23, 2003). Moussaoui’s lawyers tell Almeida that the government prosecutors were so reliant on Reynolds that “they had been waving it around the courtroom any chance they got.” Plaintiff Susan Brauner later says that she is glad Moussaoui’s lawyers contacted Almeida, and says she finds their interest “most encouraging.” She will add, “If we eventually walk away with nothing more than one concrete example where the case was of possible use to someone else… then I will believe we have done some good in impacting or at least raising the issue.” [Siegel, 2008, pp. 272-273]
Wendy Iwanow, in her days as porn star ‘Bianca Trump.’ [Source: Colby Katz / Broward-Palm Beach New Times]Richard Butler, the aging and ailing leader of the disintegrating Aryan Nations (see Late 2000 - 2001), is humiliated when his voloptuous 31-year-old traveling companion, “tattoo artist” Wendy Iwanow, is arrested for forgery while the two are attempting to board a commercial flight to Phoenix to attend a white supremacist rally. The 84-year-old Butler and his small number of Nations followers learn within minutes that Iwanow is a hard-core pornography star and former prostitute who works under the alias “Bianca Trump,” the “Latin Princess.” Butler and his followers are shocked to learn that Iwanow had filmed interracial sex scenes in her movies. A Nations press release reads in part, “Unfortunately, there are some people who think that hiding out in Pastor Butler’s house is a good refuge.” [Southern Poverty Law Center, 12/2003; Southern Poverty Law Center, 2010]
On NBC’s “Meet the Press”, Defense Secretary Donald Rumsfeld denies that Americans were misinformed about Iraqi nuclear arms. Rumsfeld says that no one in the administration ever claimed Iraq had tried to obtain nuclear weapons. Moderator Tim Russert asks: “But, Mr. Secretary, you acknowledge that there was an argument made by the administration that Saddam Hussein possessed chemical and biological weapons, and could have been well on his way to reconstituting his nuclear program. There doesn’t appear to be significant amounts of evidence to document that presentation that was made by the administration.” Rumsfeld says that this administration as well as preceding administrations “all agreed” that Iraq had chemical and biological weapons, “and that they had programs relating to nuclear weapons that they were reconstituting—not that they had nuclear weapons—no one said that.” The administration made numerous claims of Iraq possessing “reconstituted” nuclear weapons, including claims made by the CIA (see January 30, 2002), Vice President Dick Cheney (see September 8, 2002), and the entire intelligence community (see October 1, 2002). Russert follows up by asking if it was possible “that the inspections in fact did work, that the enforcement of the no-fly zone did work, and that Saddam in fact no longer had a weapons of mass destruction capability?” Rumsfeld replies that it is possible Saddam Hussein “took his weapons, destroyed them, or moved them to some other country.” [US Department of Defense, 11/2/2003]
President Bush signs a bill into law banning so-called “partial-birth abortions.” A similar bill was vetoed by then-President Clinton in 1996 (see April 1996). The bill signing is part of a ceremony of abortion opposition featuring some 400 lawmakers and anti-abortion advocates. The new law, known as the Partial Birth Abortion Ban Act, is the first time the federal goverment has banned an abortion procedure since the 1973 Roe v. Wade decision legalized abortions (see January 22, 1973). A federal judge in Nebraska has already said the law may be unconstitutional, and many observers expect it to be challenged. [CBS News, 4/19/2007] Three years later, the Supreme Court will uphold the law (see April 17, 2007).
An Afghani civilian later identified as Abdul Wahid dies from what his autopsy report calls “multiple blunt force injuries to head, torso, and extremities.” Wahid is being held by US forces at a forward operating base in Helmand province. [American Civil Liberties Union, 10/24/2005]
Congress passes a law that states US officials in Iraq cannot prevent an inspector general for the Coalition Provisional Authority from carrying out any investigation. The inspector general will inform Congress if officials refuse to cooperate with his inquiries. President Bush issues a signing statement directly contradicting the law. According to Bush’s statement, the inspector general “shall refrain” from investigating anything involving sensitive plans, intelligence, national security, or anything already being investigated by the Pentagon. The inspector cannot tell Congress anything if the president decides that disclosing the information would impair foreign relations, national security, or executive branch operations. [Boston Globe, 4/30/2006]
The Army issues “stop-loss” orders forbidding thousands of its 110,000 troops from returning to the US once their tours of duty are completed. Instead, the troops will remain deployed for a minimum of three additional months. The orders affect troops currently deployed in Iraq, Afghanistan, and Kuwait, as well as soldiers preparing for deployment. [USA Today, 1/5/2004]
Narus logo. [Source: Endace (.com)]Narus, a firm which manufactures telecommunications hardware, co-sponsors a technical conference in McLean, Virginia, titled “Intelligence Support Systems for Lawful Interception and Internet Surveillance.” As AT&T engineer Mark Klein (see July 7, 2009) will later write: “Police officials, FBI and DEA agents, and major telecommunications companies eager to cash in on the ‘war on terror’ had gathered in the hometown of the CIA to discuss their special problems. Among the attendees were AT&T, BellSouth, MCI, Sprint, and Verizon. Narus founder Dr. Ori Cohen gave a keynote speech.” Also speaking at the conference is William Crowley, the former deputy director of the National Security Agency (NSA). Narus is providing some of the key hardware components used in the NSA’s domestic surveillance program (see January 16, 2004). [PBS Frontline, 5/15/2007; Klein, 2009, pp. 39]
Saudi Defense and Aviation Minister Prince Sultan bin Abdul Aziz.
[Source: Public domain]In a series of rulings, a number of defendants are removed from a 9/11 lawsuit filed in August 2002 (see August 15, 2002). The lawsuit, filed on behalf of 9/11 victims’ relatives, accuses a number of individuals and organizations of funding and supporting al-Qaeda and thus helping the 9/11 attacks to occur. A number of Saudi princes are dropped because they work for the Saudi government. One judge writes in a ruling, “Whatever their actions, they were performed in their official (government) capacities.” According to the court ruling, only the US president, not the courts, has the authority to label a foreign nation as a terrorist supporter. Judges rule that the plaintiffs failed to provide sufficient facts to overcome the kingdom of Saudi Arabia’s immunity. Saudi defense minister Prince Sultan bin Abdul Aziz, Saudi ambassador to Britain Prince Turki al-Faisal, and Prince Mohammed Al-Faisal Al-Saud, among others, are dismissed from the lawsuit, but the lawsuit is allowed to proceed against many more defendants, including the Saudi Binladin Group, the multibillion dollar bin Laden family company. [Associated Press, 11/16/2003; Charleston Post and Courier, 11/18/2003; Associated Press, 1/19/2005; New York Law Journal, 9/28/2005] A judge writes in a ruling that “the Saudi Binladin Group maintained close relationships with Osama bin Laden at certain times” and that it remains “unclear” whether these ties continued since bin Laden became involved in terrorism. [Der Spiegel (Hamburg), 6/6/2005] The International Islamic Relief Organization (IIRO) is allowed to remain as a defendant, even though this charity has considerable ties to the Saudi government. [New York Law Journal, 9/28/2005] Some of the Saudi princes, such as Prince Sultan and Prince Salman, are represented in the case by the prestigious Dallas-based law firm of Baker Botts. James Baker, former Secretary of State and close associate of the Bush family, is one of the senior partners of the law firm. [Newsweek, 4/16/2003; New York Law Journal, 9/28/2005]
The head of the Justice Department’s Office of Legal Counsel (OLC), Jack Goldsmith, and OLC lawyer Robert Delahunty, send a classified memo to the Defense Department. The contents of the memo remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo concerns the Geneva Conventions as they apply to the treatment of detainees in US custody. Presumably, the memo is in reference to previous legal advice submitted to Goldsmith by an OLC attorney-adviser regarding Geneva (see October 31, 2003). [American Civil Liberties Union [PDF], 1/28/2009 ; ProPublica, 4/16/2009]
General Tommy Franks, the commander of US forces in Iraq, says he would favor replacing America’s democracy with a military-run government in the event of another 9/11-level terrorist attack. “It would begin to unravel the fabric of our Constitution,” he says, “and under those circumstances I would be open to the idea that the Constitution could be scrapped in favor of a military form of government.” [Hunt, 9/1/2009, pp. 13]
Tim Russert, NBC’s bureau chief and host of Meet the Press, is interviewed by FBI agent John Eckenrode as part of the Plame Wilson leak investigation. One of the targets of the investigation, White House official Lewis Libby, has indicated that he learned about Valerie Plame Wilson’s CIA identity from Russert (see July 10 or 11, 2003). According to the report later compiled by Eckenrode, Russert recalls “one, and possibly two telephone conversations” between himself and Libby between July 6 and July 12, 2003. Eckenrode will write: “Russert does not recall stating to Libby, in this conversation, anything about the wife of former ambassador Joe Wilson. Although he could not completely rule out the possibility that he had such an exchange, Russert was at a loss to remember it, and moreover, he believes that this would be the type of conversation that he would or should remember. Russert acknowledged that he speaks to many people on a daily basis and it is difficult to reconstruct some specific conversations, particularly one which occurred several months ago.” [US District Court for the District of Columbia, 2/14/2006 ]
Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney, is interviewed for a second time (see October 14, 2003) by the FBI concerning the outing of CIA agent Valerie Plame Wilson (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). [MSNBC, 2/21/2007] During one or both interviews, Libby insists that he learned of Plame Wilson’s identity from journalists (see July 10 or 11, 2003), a lie that will play a large part in his upcoming indictment (see October 28, 2005). Investigators are compiling evidence that he learned of Plame Wilson’s CIA status from Cheney and other senior government officials (see (June 12, 2003)). Some investigators will come to believe that Libby is lying, and continues to lie, to protect Cheney’s involvement in attempting to discredit Plame Wilson’s husband, war critic Joseph Wilson (see October 1, 2003). [National Journal, 2/2/2006]
The Bush administration reverses a long-standing policy requiring FBI agents to destroy their files on innocent US citizens, residents, and companies after investigations are closed. This information is now being put in government data banks to be shared with other agencies. [Washington Post, 11/6/2005]
Senior AT&T technician Mark Klein (see July 7, 2009), who is considering “blowing the whistle” on the National Security Agency’s secret data-mining operation being conducted with the complicity and participation of AT&T (see January 16, 2004), is troubleshooting a problem of “signal loss” caused by AT&T’s signals being routed through the NSA’s “splitter cabinet,” which “splits” part of the optical data flow from its normal route into the NSA’s computers, enabling the agency to monitor all of the Internet traffic going through Klein’s Folsom Street, San Francisco, facility (see October 2003). Klein learns from a fellow technician that AT&T is “getting the same problem in the other offices where splitters are going in.” Klein is stunned to learn that other AT&T facilities have NSA splitters. He learns from the other technician that the “other offices” are in, among other places, Atlanta, San Diego, San Jose, and Seattle. (Apparently neither Klein nor the other technician are aware of the NSA splitter at the central AT&T facility in Bridgeton, Missouri—see Late 2002-Early 2003). Klein will later write, “This thing was getting bigger and bigger.” Klein determines that the NSA splitter is causing the signal loss: “The company was degrading the signal quality of its network for the sake of the NSA.”
Visiting the Secret Room - Klein accompanies an AT&T field support specialist named Rick into the NSA’s “secret room” at the Folsom Street building, with the intention of repairing the splitter problem. Rick is one of the few AT&T technicians authorized to work in the room; he invites Klein to join him and Klein agrees. Klein watches Rick punch the entry code into the lock of Room 641A and follows him inside. Klein observes a large amount of hardware, most installed in what he will later call “standard cabinets used by the telecommunications industry,” along with a computer workstation and a set of storage lockers. Klein later says he spends no more than two minutes inside the secret room. He will recall: “[I]f I didn’t know that the NSA was involved, it would look like any other work space where telecom people work, with rows of cabinets with equipment inside them, humming.… [T]he odd thing about the whole room, of course, was that I couldn’t normally get in there, nor could any of the other union technicians. Only this one guy who had clearance from the NSA could get in there, so that changed the whole context of what this is about.” Shortly thereafter, Rick tells Klein and a group of employees that he has keys allowing him access to the other NSA secret rooms in AT&T’s offices in San Diego, San Jose, and Seattle. [PBS Frontline, 5/15/2007; Klein, 2009, pp. 42-44]
Senior AT&T technician Mark Klein (see July 7, 2009), working at the company’s Folsom Street facility in San Francisco one floor above the National Security Agency’s “secret room” monitoring the company’s Internet communications (see October 2003 and Fall 2003), is given a technical document to pass on to the secret room’s AT&T supervisor, a man Klein will identify only as “Ski” (see Summer 2002 and January 2003). Klein flips through the non-classified document, titled “Study Group 3 LGX/Splitter Wiring San Francisco Issue 1 12/10/02.” (LGX, Klein will later explain, refers to “Lucent LightGuide patch panels.”) He finds the document astonishing. It confirms, he will later write, “that the splitter cabinet in the 7th floor Internet room [his workstation] was directly connected to panels in the 6th floor secret room, which was referred to as the ‘SG3 Secure Room.’” Documents he has previously read (see Fall 2003) “made repeated references to the ‘Splitter,’ ‘Splitter Cabinet,’ or other descriptions which made it clear that the three documents were linked together.” Klein deduces that “SG3” stands for “Study Group 3,” an appellation he will write was chosen in “an apparent attempt to make a sinister operation look innocent.” And, since San Francisco is the site of the third study group, he deduces there must be at least two other study groups, presumably in different cities, “a fact,” he will write, “which was soon confirmed to me. I had a hand on only one small part of a giant octopus.” Klein pores more closely over the documents to try to learn exactly what AT&T and the NSA are doing, and soon finds a reference to a “Narus STA 6400.” He has no idea what this piece of equipment is, but he quickly learns that it is, as he will write, “a very sophisticated and specialized product that not only was perfectly suited for sorting through the data stream in real time looking for things, but… was already being marketed specifically to telecommunications and other companies for intelligence and police spying.” [AT&T, 12/10/2002; AT&T, 1/13/2003; AT&T, 1/24/2003; Klein, 2009, pp. 35-37] Later, Klein will describe the Narus STA 6400 as “not only designed for high-speed sifting through high-speed volumes of data, looking for something according to various program algorithms, something you’d think would be perfect for a spy agency.” [PBS Frontline, 5/15/2007]
Guantanamo detainee Mohammed Jawad, who has been in custody since he was 16 years old (see December 17, 2002 and January 13, 2009), attempts to commit suicide. Shortly thereafter, Guantanamo guards begin subjecting Jawad to what is known as the “frequent flier” program, in which the detainee is moved from cell to cell every few hours for days or weeks on end, in order to deny him sleep. Jawad is moved 122 times in 14 days, an average of less than 3 hours per move (see June 19, 2008). [Salon, 1/21/2009]
The US Army investigates the report of a colonel who documented potential abuses of Iraqi detainees by a joint Special Operations and CIA task force looking for weapons of mass destruction. The report will be made public by the American Civil Liberties Union (ACLU) almost four years later (see August 15, 2007). The ACLU believes the colonel, whose name is redacted from the report, is Colonel Stuart Herrington (see December 12, 2003). The colonel reports that in late November someone called him with details of prisoner abuse that had occurred in June or July 2003 in the vicinity of Baghdad International Airport. The colonel’s source had previously reported the abuse to Major General Keith Dayton, commander of the Iraq Survey Group in charge of the hunt for weapons of mass destruction, and to officials in the Defense Intelligence Agency. The colonel meets with Major General Barbara Fast, the top intelligence officer in Baghdad, to brief her on his investigation into the matter, and gives her a copy of the report. The colonel is subsequently informed that the Judge Advocate General’s office attached to the US command in Iraq found “no evidence to support the allegations that detainees were mistreated.” The colonel believes this conclusion is a “cover-up,” and, in later testimony, will refer to his “blunt dismay” at the finding. He will testify that he cannot understand how his own report could have been taken so lightly given that he had provided names of the witnesses and “already had two people who admitted it.” Fast will later say to the colonel that she never saw his report until mid-2004, a statement that the colonel has trouble believing. Fast will be cleared of all allegations of misconduct by the Army inspector general, who will conclude that she took prompt action to alert the proper authorities once she was informed of the alleged abuse. [American Civil Liberties Union, 8/15/2007]
US Attorney Paul Charlton of Arizona (see November 14, 2001) does well in his first Evaluation and Review Staff (EARS) evaluation by the Justice Department. His evaluation states in part that Charlton is “well respected by USAO [the US Attorney’s Office] staff, investigative and civil client agencies, [the] local law enforcement community, [the] Native American Nations, and [the] judiciary regarding his integrity, professionalism, and competence.” The only criticism of Charlton is a note that says his adherence to a chain of command structure in the office has “led to a perception by some that he is inaccessible” and “not open to suggestions or criticism.” [Iglesias and Seay, 5/2008, pp. 162; US Department of Justice, Office of the Inspector General, 9/29/2008] An earlier review of the EARS data from the Executive Office for US Attorneys noted that Charlton’s district scored “considerably higher” than the national average of US Attorneys’ offices in its cumulative scores. Charlton received praise for his work with the anti-terrorism task force and several areas where “best practices” for US Attorneys’ offices throughout the nation were noted. [US House of Representatives, Committee on the Judiciary, 5/21/2007]
The single source for the controversial claim that Iraq could launch a strike with its weapons of mass destruction within 45 minutes (see September 28, 2002 and March 12, 2007) is identified as “Lieutenant Colonel al-Dabbagh,” an Iraqi who has allegedly spied on Saddam Hussein’s government for British and US intelligence for over seven years. Al-Dabbagh, who does not allow his first name to be used or his photograph taken, is interviewed in Baghdad by journalist and author Con Coughlin. Al-Dabbagh, identified as an adviser to the Iraqi Governing Council, is later revealed to be an Iraqi defector who was brought to US and British attention by Ahmed Chalabi’s Iraqi National Congress. Coughlin is apparently unaware of this. He portrays al-Dabbagh as a heroic risk-taker, “not a man who is easily frightened,” he writes. “[D]eath threats from Saddam’s loyalists” do not deter him from “revealing details of the former Iraqi dictator’s deployment of weapons of mass destruction”; his determination “remain[s] undiminished.”
WMD Remain Hidden - These selfsame loyalists are the reason why US forces cannot find the weapons of mass destruction, al-Dabbagh tells Coughlin. “Saddam’s people are doing this all the time,” he says. “That is why it is so difficult to find the weapons of mass destruction. I am sure the weapons are hidden in Iraq just like I see you now. I am concerned that the chemical and biological weapons are there.” Al-Dabbagh says he is proud to risk his life in divulging Hussein’s secrets: “If Saddam’s people kill me for saying this, I do not mind. I have done my duty to my country and we have got rid of Saddam. And if the British government wants me to come to London to tell the truth about Saddam’s secret weapons program, I am ready to help in any way I can.”
Claim '200 Percent Accurate' - The 45-minute claim is “200 percent accurate!” al-Dabbagh exclaims. “And forget 45 minutes. We could have fired them within half an hour.” Is he the original source of the intelligence? Coughlin asks. Al-Dabbagh replies, “I am the one responsible for providing this information.” A member of the Iraqi Governing Council, General A. J. M. Muhie, al-Dabbagh’s supposed brother-in-law, confirms that al-Dabbagh is the sole source of the claim: “We only had one source for this information and that was Dabbagh,” says the general. Fellow council member Iyad Allawi says he was the one who funnelled al-Dabbagh’s reports to Western intelligence agencies. Muhie is the one who set up the meeting between Coughlin and al-Dabbagh.
Plans to Use WMD against US Invading Forces - Al-Dabbagh tells a detailed story of how the weapons were to be deployed against the American invaders, saying that he and other officers were ordered to use specially designated four-wheel drive Isuzus and only to deploy them if Iraqi forces were in danger of being overrun. Al-Dabbagh and others were then to drive the Isuzus towards American troop emplacements and fire the weapons, presumably chemical and biological weapons tipping hand-held rockets. But the weapons were never deployed, al-Dabbagh claims, because the majority of Iraqi soldiers refused to fight against the Americans. “The West should thank God that the Iraqi army decided not to fight,” he says. “If the army had fought for Saddam, and used these weapons, there would have been terrible consequences.” Whatever became of those fearsome weapons, al-Dabbagh does not know. He believes they were hidden away by Hussein’s Fedayeen loyalists. The weapons will be found, al-Dabbagh predicts, when Hussein is caught or killed: “Only when Saddam is captured will these people talk openly about these weapons. Then they will reveal where they are.” [Sunday Telegraph, 12/7/2003]
Claims Proven False - Weeks after Coughlin’s interview, al-Dabbagh’s claims will be proven entirely false, and both al-Dabbagh and Allawi will deny any responsibility for their claims (see January 27, 2004).
A new Syracuse University study shows that prosecutions of “international terrorism” have been fizzling out in US courts. Since 9/11, 184 people have been convicted of “international terrorism” related crimes, but defendants were sentenced to an average prison term of just 14 days. The number of people sentenced to five or more years in prison for terrorism-related crimes actually declined in the two years after 9/11 compared with the previous two years. However, the study notes that many cases are still pending and more serious cases tend to take longer to prosecute. [Los Angeles Times, 12/9/2003]
The Supreme Court rules in the case of McConnell v. Federal Election Commission. The case addresses limitations on so-called “soft money,” or contributions to a political party not designated specifically for supporting a single candidate, that were imposed by the Bipartisan Campaign Reform Act of 2002 (BCRA), often known as the McCain-Feingold law after its two Senate sponsors (see March 27, 2002). A three-judge panel has already struck down some of McCain-Feingold’s restrictions on soft-money donations, a ruling that was stayed until the Court could weigh in. Generally, the Court rules that the “soft money” ban does not exceed Congress’s authority to regulate elections, and does not violate the First Amendment’s free speech clause. The ruling is a 5-4 split, with the majority opinion written by liberal Justice John Paul Stevens and his conservative colleague Sandra Day O’Connor. The opinion finds that the “minimal” restrictions on free speech are outweighed by the government’s interest in preventing “both the actual corruption threatened by large financial contributions and… the appearance of corruption” that might result from those contributions. “Money, like water, will always find an outlet,” the justices write, and the government must take steps to prevent corporate donors from finding ways to subvert the contribution limits. The majority is joined by liberal justices Stephen Breyer, Ruth Bader Ginsburg, and David Souter, and the four other conservatives on the court—Anthony Kennedy, William Rehnquist, Antonin Scalia, and Clarence Thomas—dissent. [Legal Information Institute, 12/2003; Oyez (.org), 2011] The case represents the consolidation of 11 separate lawsuits brought by members of Congress, political parties, unions, and advocacy groups; it is named for Senator Mitch McConnell, who sued the FEC on March 27, 2002, the same day the bill was signed into law. Due to the legal controversy expected to be generated by the law and the need to settle it prior to the next federal election, a provision was included in the BCRA that provided for the case to be heard first by a special three-judge panel and then appealed directly to the Supreme Court. This District of Columbia district court panel, comprised of two district court judges and one circuit court judge, was inundated with numerous amicus briefs, almost 1,700 pages of related briefs, and over 100,000 pages of witness testimony. The panel upheld the BCRA’s near-absolute ban on the usage of soft money in federal elections, and the Supreme Court agrees with that finding. However, the Court reverses some of the BCRA’s limitations on the usage of soft money for “generic party activities” such as voter registration and voter identification. The district court overturned the BCRA’s primary definition of “noncandidate expenditures,” but upheld the “backup” definition as provided by the law. Both courts allow the restrictions on corporate and union donations to stand, as well as the exception for nonprofit corporations. The Court upholds much of the BCRA’s provisions on disclosure and coordinated expenditures. The lower court rejected the so-called “millionaire provisions,” a rejection the Supreme Court upholds. A provision banning contributions by minors was overturned by the lower court, and the Court concurs. The lower court found the provision requiring broadcasters to collect and disclose records of broadcast time purchased for political activities unconstitutional, but the Court disagrees and reinstates the requirement. [Legal Information Institute, 12/2003] McConnell had asked lawyer James Bopp Jr., a veteran of anti-campaign finance lawsuits and the head of McConnell’s James Madison Center for Free Speech, to take part in the legal efforts of the McConnell case. However, before the case appeared before the Supreme Court, McConnell dropped Bopp from the legal team due to a dispute over tactics. [New York Times, 1/25/2010] The 2010 Citizens United decision will partially overturn McConnell (see January 21, 2010).
Entity Tags: Federal Election Commission, David Souter, Bipartisan Campaign Reform Act of 2002, Antonin Scalia, Anthony Kennedy, William Rehnquist, US Supreme Court, Stephen Breyer, Sandra Day O’Connor, National Rifle Association, Mitch McConnell, John Paul Stevens, Ruth Bader Ginsburg, James Bopp, Jr, Clarence Thomas
Timeline Tags: Civil Liberties
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