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Steven Bradbury, the acting head of the Justice Department’s Office of Legal Counsel, issues a classified memo. The contents and the recipient remain secret, but the American Civil Liberties Union (ACLU) will later determine the memo deals with the use of “enhanced interrogation techniques” by the CIA. In early May, Bradbury determined that none of the CIA’s past or present interrogation methods violated either federal or international standards (see May 10, 2005). [American Civil Liberties Union [PDF], 1/28/2009 ]
W. Mark Felt. [Source: Life Distilled.com]The identity of “Deep Throat,” the Watergate source made famous in Carl Bernstein and Bob Woodward’s book All the President’s Men, is revealed to have been W. Mark Felt, who at the time was the deputy director of the FBI. As “Deep Throat,” Felt provided critical information and guidance for Bernstein and Woodward’s investigations of the Watergate conspiracy for the Washington Post. Felt’s identity has been a closely guarded secret for over 30 years; Woodward, who knew Felt, had repeatedly said that neither he, Bernstein, nor then-editor Ben Bradlee would release any information about his source’s identity until after his death or until Felt authorized its revelation. Felt’s family confirms Felt’s identity as “Deep Throat” in an article published in Vanity Fair. Felt, 91 years old, suffers from advanced senile dementia. Felt’s character as the romantic government source whispering explosive secrets from the recesses of a Washington, DC, parking garage was burned into the American psyche both by the book and by actor Hal Holbrook’s portrayal in the 1976 film of the same name. Woodward says that Holbrook’s portrayal captured Felt’s character both physically and psychologically. [Washington Post, 6/1/2005] Bernstein and Woodward release a joint statement after the Vanity Fair article is published. It reads, “W. Mark Felt was Deep Throat and helped us immeasurably in our Watergate coverage. However, as the record shows, many other sources and officials assisted us and other reporters for the hundreds of stories written in the Washington Post.” [Woodward, 2005, pp. 232]
Surveillance Methods to Protect Both Felt and Woodward - Felt used his experience as an anti-Nazi spy hunter for the FBI to set up secret meetings between himself and the young reporter (see August 1972). “He knew he was taking a monumental risk,” says Woodward. Woodward acknowledges that his continued refusal to reveal Felt’s identity has played a key role in the advancement of his career as a journalist and author, as many sources trust Woodward to keep their identities secret as he did Felt’s.
Obscuring the Greater Meaning - Bernstein cautions that focusing on Felt’s role as a “deep background” source—the source of the nickname, which references a popular 1970s pornographic movie—obscures the greater meaning of the Watergate investigation. “Felt’s role in all this can be overstated,” Bernstein says. “When we wrote the book, we didn’t think his role would achieve such mythical dimensions. You see there that Felt/Deep Throat largely confirmed information we had already gotten from other sources.” [Washington Post, 6/1/2005] Felt was convicted in 1980 of conspiring to violate the civil rights of domestic dissidents belonging to the Weather Underground movement in the early 1970s; Felt was pardoned by then-President Ronald Reagan. [Woodward, 2005, pp. 146-147] At that time, Felt’s identity as “Deep Throat” could have been revealed, but was not.
Felt, Daughter Decide to Go Public - The Vanity Fair article is by Felt family lawyer John D. O’Connor, who helped Felt’s daughter Joan coax Felt into admitting his role as “Deep Throat.” O’Connor’s article quotes Felt as saying, “I’m the guy they used to call Deep Throat.” O’Connor says he wrote the article with the permission of both Felt and his daughter. Woodward has been reluctant to reveal Felt’s identity, though he has already written an as-yet unpublished book about Felt and their relationship, because of his concerns about Felt’s failing health and increasingly poor memory. The Washington Post’s editors concluded that with the publication of the Vanity Fair article, they were not breaking any confidences by confirming Felt’s identity as Woodward’s Watergate source. [Washington Post, 6/1/2005]
Endless Speculation - The identity of “Deep Throat” has been one of the enduring political mysteries of the last 30 years. Many observers, from Richard Nixon to the most obscure Internet sleuth, have speculated on his identity. Watergate-era figures, including then-Secretary of State Henry Kissinger, Nixon speechwriter Pat Buchanan, Nixon deputy counsel Fred Fielding, Nixon chief of staff Alexander Haig, National Security Council staffers Laurence Lynn and Winston Lord, then-CBS reporter Diane Sawyer, and many others, have been advanced as possibilities for the source. Former White House counsels John Dean and Leonard Garment, two key Watergate figures, have written extensively on the subject, but both have been wrong in their speculations. In 1992, Atlantic Monthly journalist James Mann wrote that “Deep Throat” “could well have been Mark Felt.” At the time, Felt cautiously denied the charge, as he did in his 1979 memoir, The FBI Pyramid. [Woodward, 2005, pp. 153-156; Washington Post, 6/1/2005] In 1999, the Hartford Courant published a story saying that 19-year old Chase Coleman-Beckman identified Felt as “Deep Throat.” Coleman-Beckman had attended a day camp with Bernstein’s son Josh a decade earlier, and Josh Bernstein then told her that Felt was Woodward’s source. Felt then denied the charge, telling a reporter: “No, it’s not me. I would have done better. I would have been more effective. Deep Throat didn’t exactly bring the White House crashing down, did he?” Woodward calls Felt’s response a classic Felt evasion. [Woodward, 2005, pp. 158-159]
Motivated by Anger, Concern over Politicization of the FBI - Woodward believes that Felt decided to become a background source for several reasons both personal and ideological. Felt, who idealized former FBI Director J. Edgar Hoover, was angered that he was passed over for the job upon Hoover’s death; instead, the position went to L. Patrick Gray, whom Felt considered both incompetent and far too politically aligned with the Nixon White House. The FBI could not become an arm of the White House, Felt believed, and could not be allowed to help Nixon cover up his participation in the conspiracy. He decided to help Woodward and Bernstein in their often-lonely investigation of the burgeoning Watergate scandal. Woodward and Bernstein never identified Felt as anyone other than “a source in the executive branch who had access” to high-level information. Felt refused to be directly quoted, even as an anonymous source, and would not give information, but would merely confirm or deny it as well as “add[ing] some perspective.” Some of Woodward and Felt’s conversations were strictly business, but sometimes they would wax more philosophical, discussing, in the words of the book, “how politics had infiltrated every corner of government—a strong-arm takeover of the agencies by the Nixon White House…. [Felt] had once called it the ‘switchblade mentality’—and had referred to the willingness of the president’s men to fight dirty and for keeps…. The Nixon White House worried him. ‘They are underhanded and unknowable,’ he had said numerous times. He also distrusted the press. ‘I don’t like newspapers,’ he had said flatly.” [Woodward, 2005, pp. 167-215; Washington Post, 6/1/2005]
Entity Tags: Diane Sawyer, W. Mark Felt, Vanity Fair, Ronald Reagan, Carl Bernstein, Weather Underground, Winston Lord, Chase Coleman-Beckman, Alexander M. Haig, Jr., Ben Bradlee, Bob Woodward, Patrick Buchanan, Nixon administration, Washington Post, Laurence Lynn, Fred F. Fielding, Hartford Courant, Henry A. Kissinger, Federal Bureau of Investigation, James Mann, J. Edgar Hoover, John D. O’Connor, Joan Felt, Josh Bernstein, L. Patrick Gray, Leonard Garment, John Dean
Timeline Tags: Nixon and Watergate
The FBI and Justice Department quietly open an investigation into whether Representative Jane Harman (D-CA), the ranking Democrat on the House Intelligence Committee, improperly colluded with the American Israel Public Affairs Committee (AIPAC) to win reappointment as the committee’s ranking member. The investigation is not revealed to the public until October 2006 (see October 20, 2006). The investigation centers on allegations that Harman and AIPAC arranged for wealthy supporters to lobby House Minority Leader Nancy Pelosi (D-CA) on Harman’s behalf. The case is an outgrowth of a probe that has already led to the felony conviction of former DIA official Larry Franklin, who pled guilty to giving classified information to two AIPAC lobbyists (see October 5, 2005), and the lobbyists, Steve Rosen and Keith Weissman, who still face charges of passing that information on to Israel (see April 13, 1999-2004). The investigation has now expanded to determine if Harman’s campaign to persuade Pelosi to reappoint her to the committee may have involved AIPAC, and whether Harman promised to return the favor by using her influence to persuade the Justice Department to ease up on the AIPAC lobbyists. Reporter Timothy Burger will write: “If that happened, it might be construed as an illegal quid pro quo, depending on the context of the situation. But the sources caution that there has been no decision to charge anyone and that it is unclear whether Harman and AIPAC acted on the idea.” Both Harman and Pelosi are outspoken supporters of Israel, and have praised AIPAC for its efforts to further cement ties between Israel and the US. However, Congressional sources will say that Pelosi is furious at attempts by major donors to lobby on behalf of Harman. The LA Weekly reported in May that Harman “had some major contributors call Pelosi to impress upon her the importance of keeping Jane in place. According to these members, this tactic, too, hasn’t endeared Harman to Pelosi.” Another powerful figure has lobbied for Harman: entertainment industry billionaire Haim Saban, who made his fortune through the Mighty Morphin Power Rangers children’s entertainment franchise. It is unclear whether Saban had any contact with AIPAC, and if his efforts to lobby on Harman’s behalf were part of a larger, more orchestrated plan. [Time, 10/20/2006] When the story becomes public in October 2006, Harman will deny any improper or illegal conduct (see October 20, 2006). The investigation will eventually be dropped, supposedly for “lack of evidence.” In April 2009, evidence will surface that the NSA wiretapped Harman discussing a quid pro quo with a suspected Israeli agent, and that the investigation was not dropped because of lack of evidence, but because of the intervention of Attorney General Alberto Gonzales (see October 2005, Late 2005, and April 19, 2009). [Congressional Quarterly, 4/19/2009]
Entity Tags: Nancy Pelosi, Haim Saban, Federal Bureau of Investigation, American Israel Public Affairs Committee, Alberto R. Gonzales, House Intelligence Committee, Jane Harman, Steve Rosen, Timothy Burger, US Department of Justice, Keith Weissman, National Security Agency, Larry Franklin
Timeline Tags: Civil Liberties
Defense Secretary Donald Rumsfeld gathers a group of senior subordinates and warns them to stay away from three senators—John McCain (R-AZ), John Warner (R-VA), and Lindsey Graham (R-SC)—who are drafting a bill to govern the handling of terrorism suspects (see December 30, 2005). A Pentagon official with direct knowledge of the meeting will later recall, “Rumsfeld made clear, emphatically, that the vice president had the lead on this issue.” Though Vice President Dick Cheney has, as he so often has done in the past, ensured that his bureaucratic fingerprints are not on the issue, he has already staked out a hardline position for the White House. This time, it came as a last-minute insert in a July 2005 “statement of administration policy” by the Office of Management and Budget (OMB), where Nancy Dorn, Cheney’s former chief of legislative affairs, is deputy director. Cheney’s staff adds, without the required staff clearance, a paragraph to the OMB’s guidance for the 2006 defense appropriations bill (see July 21, 2005). Among those surprised by the position is Deputy Defense Secretary Gordon England, who for a year has advocated that the US issue clear rules about detention and interrogation of terror suspects. England attempts to clarify the issue (see Late 2005). [Washington Post, 6/25/2007]
Philip Zelikow, the chief adviser to Secretary of State Condoleezza Rice (see February 28, 2005) and the former executive director of the 9/11 Commission (see Shortly Before January 27, 2003), writes a classified memo challenging the Justice Department’s legal justifications for its authorizations of torture. Zelikow writes his memo after gaining access to four secret memos from the Justice Department’s Office of Legal Counsel (see April 16, 2009), in his role as Rice’s policy representative to the National Security Council’s Deputies Committee. Rice and her legal adviser, John Bellinger, are the only others besides Zelikow to have been briefed on the memos. Zelikow was aware of what many of the suspected terrorists did, or were alleged to have done, through his experience on the 9/11 Commission. The evidence against most of them is “damning,” he will later write: “But the issue is not about who or what they are. It is about who or what we are.” In the memo, which he will publicly discuss four years later (see April 21, 2009), Zelikow focuses on three main areas of contention.
First, the question should not be whether waterboarding (or any other particular technique) is torture, but on the idea of a program of authorized torture. The program used numerous well-planned, carefully considered methods of physical coercion to gain information from detainees, or as Zelikow will write, “to disorient, abuse, dehumanize, and torment individuals over time.” Waterboarding is only one of many objectionable, and illegal, techniques being used against prisoners.
Second, the question of torture should not first be settled by lawyers. The moral and professional aspects of such an issue should be dealt with before asking lawyers to justify such actions. Better questions would be: Are these methods reliable in getting important information? And does the garnering of such information, even if such can be proven, justify the moral position of using torture? In 2009, Zelikow will write: “There is an elementary distinction, too often lost, between the moral (and policy) question—‘What should we do?’—and the legal question: ‘What can we do?’ We live in a policy world too inclined to turn lawyers into surrogate priests granting a form of absolution. ‘The lawyers say it’s OK.’ Well, not really. They say it might be legal. They don’t know about OK.”
Finally, the legal opinions themselves have what Zelikow calls “grave weaknesses.” Many of the OLC opinions, particularly the May 30, 2005 opinion (see May 30, 2005), “presented the US government with a distorted rendering of relevant US law.” He goes on: “The case law on the ‘shocks the conscience’ standard for interrogations would proscribe the CIA’s methods,” in his view. Moreover, the OLC position ignores “standard 8th Amendment ‘conditions of confinement’ analysis (long incorporated into the 5th Amendment as a matter of substantive due process and thus applicable to detentions like these). That case law would regard the conditions of confinement in the CIA facilities as unlawful.” And, while “the use of a balancing test to measure constitutional validity (national security gain vs. harm to individuals) is lawful for some techniques… other kinds of cruel treatment should be barred categorically under US law—whatever the alleged gain.” The logical extension of the OLC’s position is that since the “substantive standard is the same as it is in analogous US constitutional law… the OLC must argue, in effect, that the methods and the conditions of confinement in the CIA program could constitutionally be inflicted on American citizens in a county jail. In other words, Americans in any town of this country could constitutionally be hung from the ceiling naked, sleep deprived, waterboarded, and all the rest—if the alleged national security justification was compelling. I did not believe our federal courts could reasonably be expected to agree with such a reading of the Constitution.”
White House Orders Copies Destroyed - Zelikow will admit he has no standing to offer a legal opinion. However, he will write: “I felt obliged to put an alternative view in front of my colleagues at other agencies, warning them that other lawyers (and judges) might find the OLC views unsustainable. My colleagues were entitled to ignore my views. They did more than that: The White House attempted to collect and destroy all copies of my memo.” Zelikow will say he believes that copies still exist in State Department archives. [Foreign Policy, 4/21/2009; Politico, 4/21/2009]
Henry Kennedy. [Source: District Court for the District of Columbia]In June 2005, US District Judge Henry Kennedy orders the Bush administration to safeguard “all evidence and information regarding the torture, mistreatment, and abuse of detainees now at the United States Naval Base at Guantanamo Bay.” US District Judge Gladys Kessler issued a nearly identical order one month later. Later that year, the CIA will destroy videotapes of the interrogation and possible torture of high-ranking al-Qaeda detainees Abu Zubaida and Abd al-Rahim al-Nashiri (see November 2005). In 2005, Zubaida and al-Nashiri are not being held at the Guantanamo prison, but at secret CIA prisons overseas. But while evidence of torture of Zubaida and al-Nashiri is not directly covered by the orders, it may well be indirectly covered. David Remes, a lawyer for some of the Guantanamo detainees, will later claim, “It is still unlawful for the government to destroy evidence, and it had every reason to believe that these interrogation records would be relevant to pending litigation concerning our client.” In January 2005, Assistant Attorney General Peter Keisler assured Kennedy that government officials were “well aware of their obligation not to destroy evidence that may be relevant in pending litigation.” [Associated Press, 12/12/2007] In some court proceedings, prosecutors have used evidence gained from the interrogation of Zubaida to justify the continued detention of some Guantanamo detainees. Scott Horton writing for Harper’s magazine will later comment that “in these trials, a defendant can seek to exclude evidence if it was secured through torture. But the defendant has an obligation to prove this contention. The [destroyed videotapes] would have provided such proof.” [Harper's, 12/15/2007]
The complaints against US Attorney Todd Graves of Missouri from Jack Bartling, the legal counsel for Senator Christopher Bond (R-MO—see Spring 2005), make their way to the Justice Department. Bartling, who later cooperates with the Justice Department investigators looking into the 2006 US Attorney purge (see September 29, 2008), says he understood from his conversations with officials in the White House Counsel’s Office that the matter is now in the hands of the Justice Department. Moreover, Bartling goes to Washington to interview for a position in the Office of the Deputy Attorney General in the fall of 2005, and during the interview process speaks to Michael Elston, the chief of staff to Deputy Attorney General Paul McNulty. Elston asks Bartling if Bond is still interested in removing Graves from his position. Elston will also speak to the investigators, and will tell them that he learned that Graves had lost Bond’s support from Bond’s staff, and not from someone in the Justice Department. Elston will also say that he did not discuss with Bartling the reasons why Graves should be fired, but he knows enough about the discord between the Bond staff and the staff of US Representative Sam Graves (R-MO), Todd Graves’s brother, to make some assumptions about the reason for the request. Elston will say he does not bring the matter to the attention of McNulty or anyone else in the department. [US Department of Justice, Office of the Inspector General, 9/29/2008]
A Koran kept for detainees’ use at Guantanamo. The surgical mask is provided to keep the Koran off the floor, and the guards from touching the book. [Source: GlobalSecurity (.org)]The Pentagon confirms that at least five incidents of deliberate and accidental Koran desecration have occurred at Guantanamo Bay. The Pentagon and White House recently denied a Newsweek report of one such incident. Both lambasted the news magazine for printing the claim without what it called sufficent proof, and blamed Newsweek’s reporting for sparking lethal riots in Pakistan and Afghanistan (see May 6-9, 2005 and May 15, 2005). While the Pentagon and White House denunciations of the Newsweek report were timed to garner extensive media attention, the Pentagon report is released to the press and the public at 7:15 p.m. on a Friday, ensuring that it will not make Friday evening newscasts and, as author Frank Rich will later write, “be buried in the weekend papers.” (The Pentagon denies trying to downplay the report.) In the documented incidents, guards stepped on, kicked, and in one case urinated on Korans owned by the detainees. The urination incident is described as accidental—according to the report, a guard urinated near an outside air vent and his urine was caught in the airstream and carried into a prisoner’s cell. The detainee, who was also splashed, was given a fresh garment and a new Koran, and the guard was reprimanded. In another instance, guards throwing water balloons got detainees’ Korans wet. In a third instance, a two-word obscenity in English was written on the inside cover of a Koran, though the investigation could not determine whether a guard or a detainee wrote the phrase. In a fourth incident, an interrogator kicked a detainee’s Koran (see February 26, 2002-March 7, 2002). In a fifth incident, a contract interrogator stepped on a detainee’s Koran during questioning; the contractor is later fired for misconduct. Four other complaints of Koran desecration are not confirmed. “Mishandling a Koran at Guantanamo Bay is a rare occurrence,” says Brigadier General Jay Hood, commander of the Guantanamo Joint Task Force. “Mishandling of a Koran here is never condoned.” Hood says that no evidence of a Koran being flushed down a toilet, as Newsweek reported, has been found. Hood has already been caught in at least one misstatement; he claimed before the report that four of the five instances took place before January 2003, when written procedures covering handling of religious materials were implemented. The report says that four of those five incidents actually took place after January 2003. Captain Jeffrey Weir, a spokesman for the task force, says he cannot explain Hood’s contradictory statement. “Maybe he misspoke,” Weir says. “I’m not sure why he would have put it that way.” Pentagon spokesman Lawrence Di Rita says that the Hood report confirms that US guards handle the Koran with respect and dignity. “The Southern Command policy of Koran handling is serious, respectful, and appropriate,” he says. “The Hood inquiry would appear to affirm that policy.” [New York Times, 5/16/2005; Rich, 2006, pp. 166]
Lawyers for the Washington Democratic Party celebrate after the court ruling certifying Christine Gregoire as governor. [Source: Seattle Post-Intelligencer]State Attorney General Christine Gregoire (D-WA) is certified the winner of the Washington State governor’s race against challenger Dino Rossi (R-WA). Rossi was initially declared the winner (see November 2-30, 2004), but the race was so close that Gregoire asked for a recount, as was her right under the law (see December 23, 2004 - January 12, 2005). Republicans challenged the recount in court, citing 1,678 votes as “illegal” (see January 7, 2005 and January 24-28, 2005). Superior Court Judge John Bridges rules against the Republican plaintiffs. He finds that although some voting irregularities did occur in the largely Democratic King County, they were not the result of deliberate voter fraud or manipulation. “No evidence has been placed before the court to suggest fraud or intentional misconduct,” he says. “Elections officials attempted to perform their responsibilities in a fair and impartial manner.” In only five instances—five votes—was evidence presented that showed the intent of the voter in the 1,678 “illegal” votes cast. For the other 1,673, officials were unable to determine which candidate the voters in question selected on Election Day. None of those five votes were for Gregoire: Democrats presented evidence that four convicted felons had illegally voted for Rossi and a fifth for a third-party candidate. Bridges deducts those five votes from the final tally, giving Gregoire the final and official 133-vote margin of victory. Bridges refused Republicans’ demands to subtract what they called “invalid votes” from the statistical totals of vote tallies, and to statistically refigure the votes. Such an action would constitute the worst kind of judicial activism, Bridges says. As a result, “The court concludes that the election contest petition should be dismissed and the certification of Miss Gregoire as governor confirmed.” State Democratic Chairman Paul Berendt says: “It’s a huge victory. But the centerpiece was that the Republicans never had a case. They need to drop their case so the state can get on with its important business. They have shown that they will spend anything, they will say anything, and they will do anything to tear down Christine, and it’s time for that to stop.” Later in the day, Rossi says he will not appeal the ruling to the Washington Supreme Court: “With today’s decision, and because of the political makeup of the Washington State Supreme Court, which makes it almost impossible to overturn this ruling, I am ending the election contest,” he says. Bridges says that if the election process is flawed, it is up to the state legislature to fix it, not the courts. [Seattle Post-Intelligencer, 6/5/2005; Borders et al. v. King County et al., 6/6/2005; Washington Post, 6/7/2005; HistoryLink (.org), 6/7/2005]
On the heels of a speech by President Bush that stated the US government was obtaining court authorizations for each of its domestic surveillance activities (see June 9, 2005), the White House releases a “fact sheet” making the government’s case for its compliance with the law and the efficacy of its actions in “safeguarding our homeland.” The sheet claims: “The judicial branch has a strong oversight role in the application of the Patriot Act. Law enforcement officers must seek a federal judge’s permission to wiretap a foreign terrorist’s phone, track his calls, or search his property. These strict standards are fully consistent with the Constitution. Congress also oversees the application of the Patriot Act, and in more than three years there has not been a single verified abuse.” [White House, 6/9/2005] Bush made almost identical claims a year before (see April 19-20, 2004). Former AT&T senior technician Mark Klein (see July 7, 2009 and May 2004), who helped install the equipment used by the National Security Agency (NSA) and his firm to intercept foreign and domestic Internet communications (see January 16, 2004), will later say that Bush’s insistence that the administration gets court orders before wiretapping communications is false. AT&T, on behalf of the NSA, was monitoring “billions of messages a second,” Klein will write, all without court orders. [Klein, 2009, pp. 47-48]
In a Columbus, Ohio, speech praising the USA Patriot Act (see October 26, 2001), President Bush claims that when US government agencies wiretap anyone’s phones or email communications, they do so with a court order. Bush says: “Before the Patriot Act, agents could use wiretaps to investigate a person committing mail fraud, but not to investigate a foreign terrorist. The Patriot Act corrected all these pointless double standards—and America is safer as a result. One tool that has been especially important to law enforcement is called a roving wiretap. Roving wiretaps allow investigators to follow suspects who frequently change their means of communications. These wiretaps must be approved by a judge, and they have been used for years to catch drug dealers and other criminals. Yet, before the Patriot Act, agents investigating terrorists had to get a separate authorization for each phone they wanted to tap. That means terrorists could elude law enforcement by simply purchasing a new cell phone. The Patriot Act fixed the problem by allowing terrorism investigators to use the same wiretaps that were already being using against drug kingpins and mob bosses. The theory here is straightforward: If we have good tools to fight street crime and fraud, law enforcement should have the same tools to fight terrorism.” [White House, 6/9/2005] Bush made almost identical claims a year ago (see April 19-20, 2004). The same day as Bush makes his speech, the White House issues a fact sheet making the same claims (see June 9, 2005). Former AT&T senior technician Mark Klein (see July 7, 2009 and May 2004), who helped install the equipment used by the National Security Agency (NSA) and his firm to intercept foreign and domestic Internet communications (see January 16, 2004), will later say that Bush’s insistence that the administration gets court orders before wiretapping communications is false. AT&T, on behalf of the NSA, was monitoring “billions of messages a second,” Klein will write, all without court orders. [Klein, 2009, pp. 47-48]
White House counsel Harriet Miers sends an email that says the White House has decided not to renominate US Attorney David Iglesias of New Mexico (see October 18, 2001) to his current position. The reason for the decision is complaints by New Mexico Republicans that Iglesias has not adequately addressed the issue of Democratic voter fraud in their state (see 2002, August 17, 2004, September 7 - October 6, 2004, September 15-19, 2004, September 23 - October 2004, and May 6, 2005 and After). Miers writes that the “decision” to replace Iglesias with someone more palatable to New Mexico Republicans has been made. At this time, the House Judiciary Committee will note in 2009, the Justice Department has given Iglesias “top rankings” (see 2002 and November 14-18, 2005 ), “so this decision was clearly not just the result of the White House following the department’s lead,” as Miers and White House political chief Karl Rove will later maintain. [US House of Representatives, Committee on the Judiciary, 8/11/2009; Politico, 8/12/2009]
Iowa Governor Tom Vilsack (D-IA) announces that he will sign an order on July 4 that restores voting rights for all Iowa felons who have completed their prison sentences. Since 1846, Iowa has had what voting rights advocates call one of the most restrictive disenfranchisement laws in the nation (see 1802-1857). Felons should “re-engage” with society, Vilsack says, and restoring their right to vote will help in that process. Some 80,000 Iowans will be affected by the order. Voting rights advocates say that since Iowa and Nebraska (see March 2005) have moved to reinstate voting rights by convicted felons, other states should make similar efforts. Some 4.7 million Americans are ineligible to vote because of criminal convictions, including a half-million war veterans. 1.4 million of these ineligible voters are African-American males. Iowa was one of five states, including Alabama, Florida, Kentucky, and Virginia, that deny the vote to any citizen convicted of a felony or an aggravated misdemeanor. Previously, Iowa required convicted felons who wanted their right to vote reinstated to petition the governor’s office, which would then forward the application to the State Division of Criminal Investigation, which would in turn send the application to the parole board for a recommendation. The process could take up to six months to complete. About 600 ex-felons petitioned for restoration in 2004. After he signs the order, Vilsack says, about 600 felons will be restored to the voting rolls each month. The Iowa Department of Corrections must submit monthly lists of eligible ex-felons to Vilsack’s office. While blacks make up only 2 percent of Iowa’s population, 19 percent of those denied the vote are black, prompting many to say that the law is discriminatory. Catherine Weiss of the Brennan Center for Justice says, “This is a huge victory for voting rights and for civil rights.” Iowa was under tremendous pressure to overturn its ban after Nebraska ended its ban. Weiss says that Nebraska and Iowa were the only two states outside the former Confederate South to maintain such restrictive bans. Ryan King of the Sentencing Project, an organization working to reinstate the right to vote for felons across the nation, says: “The governor’s choice of doing this on July 4 is very symbolic. It’s a celebration of democracy.” Debra Breuklander, a former felon who joins Vilsack at the press conference, says the order goes beyond politics. Breuklander was convicted of conspiracy to distribute methamphetamine and was released from prison in June 2003. She now works as a nurse at a drug treatment center. “I have children that are still in school; I have a grandson that will be going to school,” she says. “Not even to be able to have a say-so in what goes on in the schools was driving me crazy.… If nobody hires you and you don’t feel like you’re a part of anything, all you will do is feel like you may as well go back to what you know, which is the drugs.” [New York Times, 6/18/2005; American Civil Liberties Union, 2008; ProCon, 10/19/2010]
In the years since the US declared Saudi multimillionaire Yassin al-Qadi a terrorism financier (see October 12, 2001), no criminal charges have been brought against him anywhere in the world. But on June 22, 2005, it is announced that Swiss prosecutors are pursuing a formal criminal case against him. The case focuses on a series of transactions made between February and August 1998 that were sent from one of al-Qadi’s companies to a firm owned by Saudi businessman Wael Hamza Julaidan. Julaidan reputedly associated with bin Laden in the 1980s. He was placed on US and UN terrorism financier lists in 2002. Over $1 million of the money in these transactions was sent to a Yemeni charity, but allegedly wound up funding al-Qaeda instead. Al-Qadi denies knowing that the money would go to al-Qaeda. [Newsweek, 6/22/2005] It is claimed that some of this money goes to support the 9/11 attacks. However, in December 2005, the Swiss apparently close the case. The Swiss court issues a statement, “Nothing in the file allows one to conclude with sufficient likelihood that Yassin al-Qadi knew or was able to know that the payments he made and for which he is implicated in the Swiss proceedings, could serve to specifically finance the attacks of Sept. 11, 2001.” [Arab News, 12/25/2005]
Former FBI Director L. Patrick Gray, who resigned under fire during the Watergate investigation (see April 27-30, 1973), appears on ABC’s This Week to respond to the recent revelation that his then-deputy, W. Mark Felt, was the notorious informant “Deep Throat” (see May 31, 2005). Thirty years before, Felt had lied to Gray when asked if he had leaked information to the press (see October 19, 1972). Gray, whose health is in serious decline, airs decades’ worth of pent-up grievances against both Felt and the Nixon administration, which he says left him to “twist slowly, slowly in the wind” (Nixon aide John Ehrlichman’s words—see Late March, 1973) after he admitted giving information about the Watergate investigation to White House staffers (see June 28, 1972 and July 21, 1972). He felt “anger, anger of the fiercest sort” after hearing Ehrlichman’s words, and adds, “I could not believe that those guys were as rotten as they were turning out to be.” He was justified in burning key White House documents instead of turning them over to the FBI (see Late December 1972), he says, because the documents were unrelated to the Watergate investigation. Learning that Felt, his trusted deputy, was “Deep Throat” was, Gray says, “like [being] hit with a tremendous sledgehammer.” Gray says that if he could, he would ask Felt: “Mark, why? Why didn’t you come to me? Why didn’t we work it out together?” Gray says he now realizes that he could not stop the FBI from leaking information to the press because Felt was in charge of stopping the leaks. “I think he fooled me… by being the perfect example of the FBI agent that he was.… He did his job well, he did it thoroughly, and I trusted him all along, and I was, I can’t begin to tell you how deep was my shock and my grief when I found that it was Mark Felt.” Two weeks after the interview, Gray will die of cancer. [New York Times, 6/26/2005; Roberts, 2008, pp. 151] After Gray’s death, his son Ed Gray will call his father “the only wholly honest” man involved in Watergate. [Associated Press, 7/6/2005]
The Supreme Court refuses to intervene in two reporters’ attempts to refuse to testify in the Valerie Plame Wilson identity leak investigation (see February 15, 2005 and March 23, 2005). [Washington Post, 7/3/2007] One of the reporters, the New York Times’s Judith Miller, says she will go to jail rather than reveal her confidential sources. “Journalists simply cannot do their jobs without being able to commit to sources that they won’t be identified,” she says. “Such protection is critical to the free flow of information in a democracy.” Lawyers for the second reporter, Time magazine’s Matthew Cooper, say they will file a motion to reargue the case. [New York Times, 6/28/2005]
A few days after the Supreme Court’s refusal to quash the subpoenas of two reporters in the Valerie Plame Wilson case (see June 27, 2005), Plame Wilson and her husband, Joseph Wilson, pass one of the reporters, Matthew Cooper, on the street. Cooper buttonholes Wilson and, obviously struggling with himself, asks, “Could you do something for me?” Cooper asks Wilson if he would write the judge who ruled against Cooper and fellow reporter Judith Miller (see August 9, 2004) a letter asking for leniency for him. Wilson, whom his wife will describe as “taken aback,” tells Cooper that he will ask his lawyer about the request. Over dinner, the Wilsons marvel over Cooper’s request. They wonder if “Matt [had] momentarily lost his mind.” Plame Wilson will write: “A request from Joe for leniency on Matt’s behalf would carry little or no weight with the presiding judge. More pointedly, it was obviously in our interest to have the reporters testify. We, along with the entire country, wanted to hear what they would say under oath. We wanted to know what sources in the administration had leaked my name to the media, thereby undermining our national security.” More generally, Plame Wilson will reflect: “In the debate over whether reporters should be compelled to reveal their sources, it seemed to me that some of the leading advocates of reporters’ First Amendment rights had lost sight of a basic fact in this case: people in the administration had used reporters to advance their own political agenda. That alone is not unusual, or even criminal. But the reporters’ refusal to testify would not help to uncover government wrongdoing, but assist officials who wanted to cover up their illegal behavior. It was the Pentagon Papers (see March 1971) or Watergate (see June 15, 1974) turned on its head.… [T]his particular case was not about the freedom of the press, or about reporters’ roles as watchdogs on behalf of the governed, the citizens of this country. These reporters were allowing themselves to be exploited by the administration and were obstructing the investigation. It didn’t make much ethical sense to me.” [Wilson, 2007, pp. 220-221]
John Tanner, the head of the civil rights division’s Voting Rights Section (VRS) in the Justice Department, writes a four-page letter to Nick A. Soulas, a civil prosecutor in Franklin County, Ohio. The letter is a notification that Tanner is ordering the closure of a VRS investigation into the unbalanced distribution of voting machines in Franklin County, which contains the large urban area of Columbus. Complaints had been filed alleging that districts with a predominance of white voters received a disparately larger number of voting machines than districts with a predominance of African-American voters. Although that disparity has been proven, Tanner writes that the disparity does not violate the Voting Rights Act (see August 6, 1965). The letter essentially defends the disparity, arguing that the use of such disparate numbers of machines is acceptable. It also praises the Franklin County Board of Elections for buying approximately 2,100 new voting machines. Sources, including a VRS staffer who left the section in late 2004, will later tell the citizen journalism project ePluribus Media (ePM) that many inside and outside the VRS found the letter “repugnant.” Moreover, they will tell the ePM researchers that the DOJ almost never writes such a letter: when it finishes an investigation it deems unworthy of pursuing, it merely sends a letter informing the involved parties that it is closing the investigation. For Tanner to write and send such a letter is highly unusual. And, Tanner’s is the only signature on the letter. No staff attorneys sign off on the letter. Sources will tell ePM that the lone signature apparently indicates that Tanner was the only person working the investigation. Section chiefs such as Tanner almost never handle investigations. ePM will say that the letter presents what it calls “convoluted excuses for why black voters didn’t have enough machines and white voters did.” [US Department of Justice, Civil Rights Division, 6/29/2005 ; ePluribus Media, 5/7/2007]
Italian document peddler Rocco Martino, who first sold the forged documents purporting to prove a secret uranium deal between Iraq and Niger (see March 2000, Late June 2002, Afternoon October 7, 2002, and Summer 2004), tells the British news daily The Guardian: “It was the Italians and Americans who were behind it. It was all a disinformation operation. [I was] a tool used by someone for games much bigger than me.” [Unger, 2007, pp. 237]
According to CounterPunch, the Italian Parliament releases a report on the forged Iraq-Niger uranium documents (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). The report names four people as the most likely forgers: neoconservative Michael Ledeen (see April 3, 2005), former CIA agent Duane Clarridge (see Late 1998), Iraqi National Congress (INC) head Ahmed Chalabi (see 1992-1996 and February 2002), and Chalabi’s close friend and colleague Francis Brooke, who belongs to the Rendon Group, a public relations group formed by the Pentagon in part to promote Chalabi and the INC (see May 1991 and Mid-December 2003). The report suggests the forgeries may have been planeed at a December 2001 meeting in Rome (see December 9, 2001) that involved Ledeen, head of the Italian intelligence service SISMI Nicolo Pollari (see September 9, 2002), and accused spy Larry Franklin (see December 9, 2001). [CounterPunch, 11/1/2005; CounterPunch, 11/9/2005] When the report is publicized in November 2005, Italian government officials will deny the existence of any such report, a denial bolstered by media reports. Journalist Laura Rozen will write that no such report was ever produced, nor was a parliamentary investigation into the Niger forgeries held by the Italian parliament at the time. “There is no parliamentary report,” a spokeswoman for Enzo Bianco, a member of Italy’s parliament, will say. Nor is there an unpublished report, the spokeswoman will say. Rozen will write that Bianco’s spokeswoman “does not just appear to be engaged in a cover up of a secret report. No one in Italy seriously investigating the Niger forgeries has heard of such a report.” The Italian newspaper La Repubblica will also report that no such parliamentary report was ever written. Former CIA officer Vincent Cannistraro, who will say he knew of rumors about such a report at one time, will also say that no such report exists. “There is no published report,” he will tell Rozen. “If there is a report, we might expect it would have some analysis and conclusions. There is no report, at least not a published report.… I think this stuff is just getting circulated.” [Laura Rozen, 11/3/2005]
Entity Tags: La Repubblica, Enzo Bianco, Duane Clarridge, Ahmed Chalabi, Francis Brooke, Italian Parliament, Nicolo Pollari, Iraqi National Congress, Vincent Cannistraro, Laura Rozen, Larry Franklin, Michael Ledeen
Timeline Tags: Niger Uranium and Plame Outing
Lawrence O’Donnell. [Source: PBS]Progressive author and pundit Lawrence O’Donnell reveals that Time magazine e-mails will prove that White House political strategist Karl Rove was the source for reporter Matthew Cooper’s knowledge that Valerie Plame Wilson is a CIA official (see 11:00 a.m. July 11, 2003). O’Donnell reveals his knowledge during the taping of a segment of the syndicated political talk show The McLaughlin Group. The next day, O’Donnell will write, “I have known this for months but didn’t want to say it at a time that would risk me getting dragged into the grand jury” investigating the Plame Wilson leak. “Since I revealed the big scoop, I have had it reconfirmed by yet another highly authoritative source. Too many people know this. It should break wide open this week.” The next day, Newsweek will print an article revealing Rove as Cooper’s source. [Huffington Post, 7/2/2005]
After the Supreme Court fails to intervene and grant reporters Matthew Cooper and Judith Miller immunity from testifying in the Valerie Plame Wilson identity leak investigation (see December 30, 2003 and June 27, 2005), Cooper’s publisher, Time magazine, agrees to turn over Cooper’s notes and e-mails regarding his knowlege of Plame Wilson, and his sources. Cooper opposes the decision. Norman Pearlstine, Time’s editor in chief, says: “I believe that there’s no argument for saying ‘no’ once the Supreme Court has ruled on a decision. I think we are a country of laws and not of individuals and that as journalists who regularly point a finger at people who think they’re above the law, I’m not comfortable being one of them myself.… I think it’s a terrible case. I wish the court had taken our appeal, but given that they did not, we’re not above the law and the law was clear that I think we had no choice but to turn over the information.” Miller and the New York Times continue to refuse to comply (see July 6, 2005). [CNN, 6/30/2005; Washington Post, 7/3/2007]
According to lawyer Robert Luskin, White House political strategist Karl Rove did speak to Time magazine reporter Matthew Cooper (see 11:00 a.m. July 11, 2003) in the days before CIA official Valerie Plame Wilson’s identity was exposed in the press (see July 14, 2003). Luskin is Rove’s attorney. He says he will “not characteriz[e] the subject matter of that conversation” between Cooper and his client. He adds: “Karl did nothing wrong. Karl didn’t disclose Valerie Plame [Wilson]‘s identity to Mr. Cooper or anybody else.… Who outed this woman?… It wasn’t Karl.” Rove “certainly did not disclose to Matt Cooper or anybody else any confidential information,” he says. Luskin notes that special counsel Patrick Fitzgerald has assured him that he and his investigators “have no reason to doubt the honesty of anything [Rove has] said.” [CNN, 7/4/2005] In the days ahead, Cooper will testify that Rove leaked Plame Wilson’s identity as a CIA official to him (see July 6, 2005, July 10, 2005, and July 13, 2005).
Washington State businessman Tom McCabe sends a letter to Representative Doc Hastings (R-WA) demanding that he “ask the White House to replace Mr. McKay” for not adequately pursuing the voter fraud allegations in the 2004 gubernatorial race. McCabe is following up on his earlier insistence that US Attorney John McKay of Western Washington State be fired for not pursuing McCabe’s allegations of voter fraud in the race between Christine Gregoire (D-WA) and Dino Rossi (R-WA) to serve as Washington’s governor (see Late 2004 and Late 2004 or Early 2005) after he provided useless “evidence” of voter fraud in the race (see December 2004 and January 4, 2005). (A judge threw out all of the Republican “evidence” of what they called “voter fraud” in his rejection of the claim—see June 6, 2005). McCabe repeatedly and erroneously claims McKay is a Democrat, and accuses him of deliberately failing to pursue the allegations because of his supposed political stance. McCabe sends copies of the letter to John Fund, a conservative editorialist for the Wall Street Journal; former US Attorney and current federal judge Greg van Tatenhove; and Bob Williams of the conservative Evergreen Freedom Foundation (see May 2005). Hastings will later confirm receiving the memo, and will say that he responded, “I flat out refused to do so, which [Hastings’ chief of staff] Ed Cassidy told him in the bluntest of terms.” Cassidy later says that Hastings’ staff did not reply to the letter. Hastings later says he would not have called the White House to complain about McKay because US Attorneys are executive branch matters. No White House official will recall speaking to Hastings about McKay. [Tom McCabe, 7/5/2005 ; TPM Muckraker, 3/7/2007; Seattle Times, 3/7/2007; US Department of Justice, Office of the Inspector General, 9/29/2008; Talking Points Memo, 2011] Cassidy raised the issue with McKay months before and was rebuffed (see January 4, 2005). A 2008 Justice Department investigation (see September 29, 2008) will not name McCabe or his organization, the Building Industry Association of Washington (BIAW), as the author of the letter. [Tom McCabe, 7/5/2005 ; US Department of Justice, Office of the Inspector General, 9/29/2008]
Entity Tags: Building Industry Association of Washington, Ed Cassidy, Bush administration (43), Bob Williams, Christine O. Gregoire, Evergreen Freedom Foundation, Tom McCabe, Greg van Tatenhove, Dino Rossi, John Fund, Richard (“Doc”) Hastings, John L. McKay
Timeline Tags: Civil Liberties
Time reporter Matthew Cooper agrees to testify before the grand jury in the Valerie Plame Wilson identity leak investigation (see December 30, 2003 and July 13, 2005) after the source he has been protecting, White House political adviser Karl Rove, gives him a waiver dissolving their confidentiality agreement. Sources say that Cooper will identify Rove as a person who revealed Plame Wilson’s CIA identity to him. Cooper says he is prepared to remain “in civil contempt,” and ready to go to jail for defying the grand jury subpoenas, “because even though Time magazine had, over my objections, turned over my notes and e-mails to the special counsel under a court order, and even though the prosecutor has all that information now, I wanted—I was prepared to go and remain in civil contempt because I had given a word to my source for two years, which I have kept my word to that source today, for two years. This morning, in what can only be described as a stunning set of developments, that source agreed to give me a specific personal and unambiguous waiver to speak before the grand jury.” [New York Times, 7/7/2005] Cooper has not asked Rove for a waiver before, in part because his lawyer advised against it. Additionally, Time editors were worried about becoming part of such an explosive story in an election year. And Rove’s attorney, Robert Luskin, believed that contacting Cooper would have amounted to interfering with the ongoing court battle between reporter and prosecutor. [Los Angeles Times, 8/25/2005] Cooper adds, “It’s with a bit of surprise and no small amount of relief that I will comply with this subpoena.” Cooper refuses to publicly divulge the source he has been protecting, but a person briefed on the case confirms Cooper’s source as being Rove. [New York Times, 7/7/2005] Cooper did not speak to Rove directly on the issue. The waiver of confidentiality is the product of what the New York Times describes as “a frenzied series of phone calls” between Cooper’s lawyer Richard Sauber, Rove’s lawyer Luskin, and special prosecutor Patrick Fitzgerald. Cooper views his case as substantially different from that of his New York Times colleague, Judith Miller (see July 6, 2005). Miller has consistently refused to testify, but Cooper has already testified once, describing conversations he had with White House aide Lewis “Scooter” Libby (see August 24, 2004). And while the New York Times has consistently supported Miller, Time magazine has been more equivocal, turning over documents to Fitzgerald that identified Rove as Cooper’s source. Cooper’s friend Steven Waldman, a former US News and World Report editor who has talked with Cooper in recent days, says, “The question that was on his mind, and this is my words, is: do you go to jail to protect the confidentiality of a source whose name has been revealed, and not by you but by someone else?” Still, Cooper resisted until he saw an article in the Wall Street Journal that quoted Luskin as saying, “If Matt Cooper is going to jail to protect a source, it’s not Karl he’s protecting.” That statement prompted a round of telephone discussions between Luskin, Sauber, and Fitzgerald, culminating in Cooper’s decision to testify. “A short time ago,” Cooper tells the court, “in somewhat dramatic fashion, I received an express personal release from my source.” [New York Times, 7/10/2005]
Entity Tags: Richard Sauber, Lewis (“Scooter”) Libby, Karl C. Rove, Judith Miller, Matthew Cooper, Patrick J. Fitzgerald, Valerie Plame Wilson, Robert Luskin, Steven Waldman, New York Times, Time magazine
Timeline Tags: Niger Uranium and Plame Outing
Daily Kos logo as posted on official Twitter account. [Source: Daily Kos via Twitter]Former ambassador Joseph Wilson gives a statement to the liberal blog “Daily Kos” regarding the incarceration of New York Times reporter Judith Miller for refusing to testify in the investigation of the Plame Wilson identity leak (see July 6, 2005). Wilson says: “The sentencing of Judith Miller to jail for refusing to disclose her sources is the direct result of the culture of unaccountability that infects the Bush White House from top to bottom. President Bush’s refusal to enforce his own call for full cooperation with the special counsel [Patrick Fitzgerald] has brought us to this point. Clearly, the conspiracy to cover up the web of lies that underpinned the invasion of Iraq is more important to the White House than coming clean on a serious breach of national security. Thus has Ms. Miller joined my wife, Valerie, and her 20 years of service to this nation as collateral damage in the smear campaign launched when I had the temerity to challenge the president on his assertion that Iraq had attempted to purchase uranium yellowcake from Africa. The real victims of this cover-up, which may have turned criminal, are the Congress, the Constitution, and, most tragically, the Americans and Iraqis who have paid the ultimate price for Bush’s folly.” Wilson tells Daily Kos blogger Susan Gardner, who posts under the moniker “SusanG,” why he gave the blog his statement instead of following the more traditional path of releasing it to the mainstream media: “In my America, when companies get big and lazy, competion arises. That is what is happening with the blogs. The press… has gotten fat and lazy. The blogs are now driving the stories. It is the American way!” [Susan Gardner, 7/6/2005]
Judge Thomas Hogan. [Source: Washington City Paper]A federal judge orders New York Times reporter Judith Miller, who continues to refuse to comply with a subpoena in the Valerie Plame Wilson identity leak case (see December 30, 2003), to go to jail until she or the Times complies. Time magazine and its reporter Matthew Cooper have already agreed to comply with the subpoena, thereby sparing Cooper jail time (see July 1, 2005 and July 6, 2005). [Washington Post, 7/3/2007]
Refusal to Reveal Sources - Miller tells Judge Thomas Hogan: “Your Honor, in this case I cannot break my word just to stay out of jail. The right of civil disobedience based on personal conscience is fundamental to our system and honored throughout our history.… The freest and fairest societies are not only those with independent judiciaries, but those with an independent press that works every day to keep government accountable by publishing what the government might not want the public to know.… If journalists cannot be trusted to guarantee confidentiality, then journalists cannot function and there cannot be a free press.” Her attorney says, “Judy’s view is that any purported waiver she got from anyone (see January 2-5, 2004) was not on the face of it sufficiently broad, clear, and uncoerced.” Hogan, in sharp disagreement, calls Miller’s decision not to testify a possible “obstruction of justice.” [New York Times, 7/6/2005; New York Times, 7/7/2005; Wilson, 2007, pp. 222-223] He seems moved by Miller’s impassioned speech until she invokes her time in Iraq. At that point, according to reporter Marie Brenner, his face darkens. Special prosecutor Patrick Fitzgerald will later say, “Ms. Miller has great respect for the military who served in Iraq, as we should all do, but if one of those officers’ [lives] was compromised by the leak of classified information, we would want to see that justice was done.” [Vanity Fair, 4/2006] Hogan says Miller can leave the jail any time she likes. “She has the keys to release herself,” he says. “She has a waiver [from her source] she chooses not to recognize” (see January 2-5, 2004 and August 12, 2004 and After). She can “avoid even a minute of separation from her husband if she would do no more than just follow the law like every other citizen in America is required to do.” When Miller’s lawyers ask for home detention and denial of e-mail and cell phone access instead of incarceration, Hogan dryly retorts, referring to Miller’s extensive time spent in Iraq: “Certainly one who can handle the desert in wartime is far better equipped than the average person jailed in a federal facility.… Forced vacation at a comfortable home is not a compelling form of coercion.” [New York Times, 10/16/2005; Wilson, 2007, pp. 222-223] Miller will later tell a colleague: “I was told to put my medications in a Baggie, to understand that I would have no makeup, no personal items except for my pills.” Her lawyers tell her, “You are going in one door of the courthouse and out another.” [Vanity Fair, 4/2006]
'Draconian Act' - Times editor Bill Keller calls Miller’s incarceration “a chilling conclusion to an utterly confounding case,” and Fitzgerald’s decision to jail the reporter a “draconian act” that punishes “an honorable journalist” and will “serve future cover-ups of information that happens in the recesses of government and other powerful institutions.” Keller praises Miller’s “determination to honor her professional commitment,” noting that her defiance of the subpoenas “is not an attempt to put herself above the law. The law presented Judy with the choice between betraying a trust to a confidential source or going to jail. The choice she made is a brave and principled choice, and it reflects a valuing of individual conscience that has been part of this country’s tradition since its founding.” [New York Times, 7/7/2005]
Washington Post reporter Bob Woodward gives an interview to NPR’s Terry Gross about the so-called “Plamegate” scandal. Woodward is dismissive of the entire imbroglio. “There was no nothing” to the story, he says. When “all of the facts come out in this case, it’s going to be laughable because the consequences are not that great.” Woodward does not divulge that he was perhaps the first reporter to have Valerie Plame Wilson’s name leaked to him (see June 13, 2003). Woodward’s dismissive attitude towards the affair is addressed by author and media critic Frank Rich, who writes in 2006: “The Wilsons were nobodies—not players, not part of the tight club to which Woodward and his blue-chip sources belonged. Yet, while Woodward was tone-deaf to the Watergate echoes in the Bush White House’s obsessive secrecy, in its detestation of the press, and in its flouting of the law, the parallels were striking to anyone outside the Beltway.” [American Prospect, 12/18/2005; Rich, 2006, pp. 181-182] In December, American Prospect reporter Todd Gitlin will write that Woodward “publicly and repeatedly sneered” at the Plame Wilson investigation. [American Prospect, 12/18/2005] Woodward says much the same things in private. In a conversation with his friend and former colleague Carl Bernstein around the same time as the NPR interview, he asks: “Why do you keep insisting this is important? I know something about this. There’s nothing there.” Woodward is deeply involved in writing his next book, Plan of Attack, and has little time or patience for what he considers a partisan non-scandal. Additionally, he and Bernstein are frequently together, conducting interviews for their recent book about their Watergate source, W. Mark Felt (see May 31, 2005), and often find themselves in conversations about confidential sources. Bernstein believes Woodward is ignoring something worth watching. “You don’t have this right,” he tells Woodward. “This thing is going to be huge. It will shine a light on the way Bush’s White House operates. It is going to expose the president and his campaign of disinformation.” [Vanity Fair, 4/2006]
The New York Times reports that since 9/11, Britain has arrested nearly 800 people under the Terrorism Act of 2000. But only 121 of them were charged with terrorism related crimes, and only 21 have been convicted. The Times comments, “critics have charged that [Britain’s] deep tradition of civil liberties and protection of political activists have made the country a haven for terrorists.” [New York Times, 7/10/2005]
White House press secretary Scott McClellan knows that Newsweek reporter Michael Isikoff is planning another article detailing what White House official Karl Rove told reporter Matt Cooper (see July 10, 2005). McClellan believes the Isikoff article will reveal that Cooper asked about former ambassador Joseph Wilson’s wife, but McClellan has been personally assured by Rove that he told Cooper nothing (see September 16, 2003 and September 27, 2003). President Bush has also assured McClellan that Rove is not the source of the leak (see September 29, 2003). McClellan will later write, “Maybe I did not want to believe that Karl had not been completely forthcoming, or that what he had told me—and the president—was not true.” White House counsel Harriet Miers tells McClellan, “There’s some news that’s likely to come out tomorrow about Karl in the leak investigation that may appear to contradict what you said nearly two years ago” (see 11:00 a.m. July 11, 2003 and July 13, 2005). She warns him not to comment on the investigation. As he will later write, “In effect, she was forbidding me from talking and setting the record straight about my previous comments.” Miers then apologizes and leaves McClellan to mull over the impact of the Rove revelation. He will later disclose the “painful, chilling effect” the revelation has on his “relationships with reporters,” and will reflect: “[I]f some of the highest-ranking officials of the Bush White House hadn’t been forthright with the president’s chief spokesman, how could anyone assume they were honest with the public? The White House had a serious credibility problem, and I was now going to take the heat for it.” He will compare the impact of the Isikoff article to “getting whacked upside the head with a two-by-four. I never saw it coming, given Karl’s personal assurances to me and the president, at least not until the final few days before it became public. And even then I convinced myself not to believe the growing buzz in Washington because of the personal assurances I had received.” [McClellan, 2008, pp. 257-260]
Newsweek reporter Michael Isikoff reveals that White House political strategist and deputy chief of staff Karl Rove was Time reporter Matthew Cooper’s source in revealing that Valerie Plame Wilson was a covert CIA operative (see 11:00 a.m. July 11, 2003). Isikoff learns that Rove was Cooper’s source from Rove’s lawyer, Robert Luskin. Rove has given Cooper permission to testify about their conversations surrounding Plame Wilson and her husband, Joseph Wilson, and anonymously confirms his identity as the source. There is no indication in Cooper’s notes or e-mails to suggest that Rove knew Plame Wilson was a covert operative. However, Isikoff notes, “it is significant that Rove was speaking to Cooper before Novak’s column appeared; in other words, before Plame’s identity had been published.” A “source close to Rove” says, “A fair reading of the [Cooper] e-mail makes clear that the information conveyed was not part of an organized effort to disclose Plame’s identity, but was an effort to discourage Time from publishing things that turned out to be false.” In 2008, current White House press secretary Scott McClellan will write that Luskin’s confirmation is “part of Karl’s and Luskin’s strategy.” Luskin continues to publicly insist that Rove never actually leaked Plame Wilson’s identity. [Newsweek, 7/10/2005; McClellan, 2008, pp. 261] He tells a Washington Post reporter that while Rove mentioned someone he identified as “Wilson’s wife,” he never actually identified her to Cooper by name. Rove also identified Plame Wilson, falsely, as the person who sent Wilson to Niger on behalf of the CIA (see February 19, 2002, July 22, 2003, and October 17, 2003). [Washington Post, 7/11/2005]
Convicted Oklahoma City bombing conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, August 10, 1995, June 4, 1998, and May 26, 2004) has said that he believes his co-conspirator, Timothy McVeigh (see 7:14 a.m. June 11, 2001), was involved with a white supremacist compound in eastern Oklahoma, Elohim City (see (April 1) - April 18, 1995). Nichols’s statements to the FBI, a US congressman, and his family are now being reported by The Oklahoman. Representative Dana Rohrbacher (R-CA), who met with Nichols on June 27, 2005 at the federal prison in Florence, Colorado, says: “He said he was driving past it one time and Tim McVeigh knew everything about Elohim City, just told him all about it. And he said on a number of occasions… Tim McVeigh mentioned his friend, Andy the German, who lives at Elohim City.… So there was a strong indication that Tim McVeigh had much more than just a minor association with some of the people at Elohim City.” “Andy the German” is Andreas Strassmeir, a former German soldier who helped coordinate security at Elohim City (see 1973 and After). Strassmeir has admitted meeting McVeigh at a 1993 Tulsa gun show (see April 1993), but has said he never saw or spoke with him again. Strassmeir has denied any role in the bombing (see November 1994), as has Elohim City leader Robert Millar (see May 24, 1995). The FBI investigated Elohim City after discovering McVeigh called there two weeks before the bombing (see April 5, 1995), and ruled out the residents as suspects (see February 1995). The bureau never found conclusive proof that McVeigh ever visited there, though other sources found that McVeigh and Nichols had visited there in late 1993 (see October 12, 1993 - January 1994) and learned that McVeigh took part in paramilitary exercises there in late 1994 (see September 12, 1994 and After). For years, many have speculated that Strassmeir and other Elohim City residents may have played a part in the bombing; Rohrbacher says he is considering holding Congressional hearings on the possibility, and says he asked Nichols specifically about those theories. Former federal informant Carole Howe has claimed she saw McVeigh and Strassmeir together at Elohim City in July 1994, and has said Strassmeir talked about blowing up federal buildings in Oklahoma (see August 1994 - March 1995 and November 1994). Federal prosecutors did not believe Howe’s claims. [The Oklahoman, 7/10/2005] A precursor of the McVeigh-Nichols bomb plot was hatched in 1983 by Elohim City residents (see 1983). Some believe that Strassmeir may have been McVeigh’s alleged co-conspirator identified only as “John Doe No. 2” (see June 14, 1995), even though federal authorities have said that person was not involved with Nichols or McVeigh (see January 29, 1997). McVeigh told his friend Michael Fortier that he planned the Oklahoma City bombing with input from people at Elohim City (see December 1994). Less than two weeks before the bombing, McVeigh went to a strip club with people from Elohim City, including Strassmeir (see April 8, 1995).
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 three similar letters from Waxman (see September 29, 2003, October 8, 2003, and December 11, 2003). [Waxman, 12/2005]
David Gregory. [Source: TopNews (.us)]In light of the revelation that White House deputy chief of staff Karl Rove was a source for a reporter in the Valerie Plame Wilson identity leak (see July 10, 2005), the White House press corps grills press secretary Scott McClellan unmercifully on the entire issue. Plame Wilson will reveal a modicum of sympathy for the beleaguered McClellan, whom she will note “endured what had to be one of his hardest days on the job as reporters competed to ask the next question.” The reporters are eager to pry information out of McClellan and are exasperated at his refusal to answer questions in any depth.
Fire Rove? - One of the most probing questions involves the White House’s promise to fire anyone involved in the leak (see September 29, 2003). Asked, “Does the president stand by his pledge to fire anyone involved in the leak of a name of a CIA operative?” McClellan responds that the White House is not going to comment on an ongoing investigation, an answer the gathered reporters find less than satisfactory. “Excuse me,” the reporter continues, “but I wasn’t actually talking about any investigation. But in June of 2004, the president said that he would fire anybody who was involved in the leak. And I just want to know, is that still his position?” McClellan continues to deflect the question with the standard “refusal to comment on an ongoing investigation” line. He also refuses to answer the direct question, “Did Karl Rove commit a crime?”
McClellan Cleared Rove, Others of Culpability - Another reporter, apparently NBC’s David Gregory, asks why McClellan told reporters that Rove, along with National Security Council staffer Elliott Abrams and the chief of staff to Vice President Dick Cheney, Lewis “Scooter” Libby, were definitely not involved in the leak. “[Y]ou said, ‘I’ve gone to each of those gentlemen, and they have told me they are not involved in this’—do you stand by that statement?” McClellan confirms he said that “as part of helping the investigation move forward on the investigation we’re not going to get into commenting on it. That was something I stated back near that time, as well.” The reporter calls McClellan’s response “ridiculous,” and says: “The notion that you’re going to stand before us after having commented with that level of detail and tell people watching this that somehow you decided not to talk. You’ve got a public record out there. Do you stand by your remarks from that podium, or not?” When McClellan says he will go into further detail “at the appropriate time,” Gregory interjects, “Why are you choosing when it’s appropriate and when it’s inappropriate?” McClellan begins, “If you’ll let me finish—” and Gregory cuts him off, saying: “No, you’re not finishing—you’re not saying anything. You stand at that podium and said that Karl Rove was not involved. And now we find out that he spoke out about Joseph Wilson’s wife. So don’t you owe the American public a fuller explanation? Was he involved, or was he not? Because, contrary to what you told the American public, he did, indeed, talk about [Wilson’s] wife, didn’t he?” McClellan continues to refuse to answer. Later in the conference, he is asked if “you will be consistent with your word and the president’s word that anybody who was involved would be let go?” McClellan says he “will be glad to talk about it at that point.”
Ordered to Stop Talking? - Another reporter, following up on Gregory’s relentless questioning, asks: “When did they ask you to stop commenting on it, Scott? Can you peg down a date?” McClellan answers vaguely, “Back in that time period.” The reporter then notes that “the president commented on it nine months later (see June 10, 2004). So was he not following the White House plan?” Again, McClellan refuses to answer. Another reporter tries a different tack, asking, “Can you walk us through why, given the fact that Rove’s lawyer has spoken publicly about this, it is inconsistent with the investigation, that it compromises the investigation to talk about the involvement of Karl Rove?” McClellan answers that “those overseeing the investigation expressed a preference to us that we not get into commenting on the investigative side while it’s ongoing.”
When Did Bush Know? - McClellan is asked bluntly, “When did the president learn that Karl Rove had—” to which McClellan interrupts with, “I’ve responded to that question.”
Changing the Subject - McClellan then calls on Raghubar Goyal of the India Times, who he is sure will ask a foreign policy question having nothing to do with Rove or Plame Wilson. He manages to keep the subject more or less off of Rove for the remainder of the conference. Plame Wilson will recall, “I almost felt sorry for McClellan, who was perspiring and had that deer-in-the-headlights look to him.” [White House, 7/11/2005; Wilson, 2007, pp. 223-227]
Change in Media Focus - After this press conference, as Plame Wilson will note, the press begins issuing far more skeptical reports on the leak and its investigation, depending less on White House spin about the Wilsons’ supposed culpability and zeroing in on the roles of Rove, Libby, and other White House officials. Plame Wilson will recall that for the first time, the pressure was easing off of them and being refocused onto the White House. [Wilson, 2007, pp. 227-228]
McClellan: Press Conference 'Brutal,' 'Humiliating' - McClellan will later characterize the press conference as “brutal.” He calls NBC’s Gregory “mocking” when Gregory asks whether he still stands by his old assertions of no involvement by Rove (see September 29, 2003), Lewis Libby (see October 4, 2003), and Elliott Abrams (see October 5, 2003). ABC’s Terry Moran is incredulous that McClellan would try to hide behind a refusal to “comment on an ongoing investigation.” McClellan will later write, “Eventually, long after leaving the White House, I came to see that standing in front of the speeding press bus in those days had much more to do with protecting the president and the White House from further political embarrassment than respecting the sanctity of the investigation.” McClellan will reflect that it was during this press conference, as he felt his “reputation crumbling away, bit by bit,” that he began to lose his “affection for the job.” He will write: “The ridicule I received that day and the following ones, though dispiriting and humiliating, was justified, given what I had previously said. Since my hands were tied (see July 10, 2005), about all I could do was go into a defensive crouch.” After the conference, McClellan receives a brief verbal apology from Rove. McClellan will write, “It’s clear to me, Karl was only concerned about protecting himself from possible legal action and preventing his many critics from bringing him down.” [McClellan, 2008, pp. 260-261]
Entity Tags: Elliott Abrams, Joseph C. Wilson, Lewis (“Scooter”) Libby, David Gregory, Bush administration (43), Raghubar Goyal, Karl C. Rove, Richard (“Dick”) Cheney, Scott McClellan, Valerie Plame Wilson, Terry Moran
Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing
Washington Post reporter Bob Woodward is harshly critical of special prosecutor Patrick Fitzgerald’s investigation of the outing of CIA agent Valerie Plame Wilson (see December 30, 2003). The investigation, he says, is “just running like a chain saw right through the lifeline that reporters have to sources who will tell you the truth, what’s really going on.” It is “undermining the core function in journalism.… We better wake up to what’s going on in the seriousness on the assault on the First Amendment that’s taking place right before our eyes.” Woodward does not mention that he is one of the reporters who was contacted by a Bush administration official about Plame Wilson being a CIA agent (see June 13, 2003); he has also withheld his knowledge of the case from special prosecutor Patrick Fitzgerald and his own editors (see November 16-17, 2005). [Media Matters, 11/16/2005]
The press learns that conservative columnist Robert Novak, who outed CIA official Valerie Plame Wilson almost two years ago (see July 14, 2003), has been cooperating with the Plame Wilson leak investigation headed by special counsel Patrick Fitzgerald. The news of Novak’s cooperation comes from attorneys familiar with his testimony. Novak’s lawyer, James Hamilton, refuses to comment. Novak, according to the sources, said that his Bush administration sources (see July 7, 2003, July 8, 2003, and July 8 or 9, 2003) did not identify Plame Wilson as a covert CIA official (see Fall 1992 - 1996). His use of the word “operative” to describe Plame Wilson in his column was his own formulation, he has said, and not the words of his sources. The lawyer for White House political strategist Karl Rove, Robert Luskin, has told reporters that Rove never told Novak or other reporters that Plame Wilson was a covert operative. Reporter Murray Waas writes: “Federal investigators have been skeptical of Novak’s assertions that he referred to Plame as a CIA ‘operative’ due to his own error, instead of having been explicitly told that was the case by his sources, according to attorneys familiar with the criminal probe. That skepticism has been one of several reasons that the special prosecutor has pressed so hard for the testimony of Time magazine’s [Matthew] Cooper (see July 13, 2005) and New York Times reporter Judith Miller” (see September 30, 2005). Investigators are also interested in telephone conversations between Novak and Rove, and other White House officials, in the days after the press reported the FBI was opening an investigation into the Plame Wilson leak (see September 29, 2003 and October and November 2003). And, in other testimony, a US government official told investigators that Novak asked him specifically if Plame Wilson had some covert status with the CIA. It is unclear who that official is or when he talked to investigators. [Murray Waas, 7/12/2005]
Time reporter Matthew Cooper testifies before the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003 and July 1, 2005). [Washington Post, 7/3/2007] “I testified openly and honestly,” Cooper says after the session. “I have no idea whether a crime was committed or not. That is something the special counsel is going to have to determine.” [New York Times, 7/14/2005] Four days later, Cooper will write of his testimony for Time, though special prosecutor Patrick Fitzgerald told him he would rather Cooper remained silent. Cooper is under no legal obligation not to divulge his grand jury testimony. He will say that while grand juries are famously passive, ready to “indict a ham sandwich if a prosecutor asks it of them,” this one is unusually active. About a third of the questions he answers are from jurors, not prosecutors. Cooper testifies that in the week after Joseph Wilson’s now-famous op-ed disclosing the fraudulence of the Iraq-Niger uranium claims (see July 6, 2003), the administration had done something it rarely does: admit a mistake. It was admitting that it had erred in using that claim to advance its arguments for war with Iraq (see July 8, 2003). That was big news, and Cooper, having been at Time less than a month, was aggressively covering it. He was curious about the White House’s apparent efforts to smear Wilson, and called White House political adviser Karl Rove on July 11 to discuss the apparent smear campaign (see 11:00 a.m. July 11, 2003). The jury is interested, and apparently amused, at Cooper’s choice of words regarding the status of his conversation with Rove: “double super secret background.” Cooper concludes, “So did Rove leak Plame’s name to me, or tell me she was covert? No. Was it through my conversation with Rove that I learned for the first time that Wilson’s wife worked at the CIA and may have been responsible for sending him? Yes. Did Rove say that she worked at the ‘agency’ on ‘WMD’? Yes. When he said things would be declassified soon, was that itself impermissible? I don’t know. Is any of this a crime? Beats me. At this point, I’m as curious as anyone else to see what Patrick Fitzgerald has.” [Time, 7/17/2005]
President Bush says he is withholding judgment on whether senior political adviser Karl Rove was one of the administration officials who leaked the identity of undercover CIA agent Valerie Plame Wilson to the press. Rove has been identified in court testimony as having disclosed Plame Wilson’s identity to two separate journalists, Robert Novak (see July 14, 2005) and Matthew Cooper (see July 6, 2005). Bush has said repeatedly that anyone identified as leaking Plame Wilson’s identity would be fired (see September 29, 2003 and June 10, 2004). He now says it would be wrong for him to discuss an ongoing criminal investigation. “I have instructed every member of my staff to fully cooperate in this investigation,” he says. “I also will not prejudge the investigation based on media reports.” Bush makes these statements with Rove literally sitting at his elbow. Rove’s attorney Robert Luskin indicates that Rove already told the grand jury of his conversation with Cooper (see July 17, 2003). “Rove has cooperated completely with the special prosecutor, and he has been repeatedly assured he is not a target of the investigation,” Luskin says. “Rove has done nothing wrong. We’re confident that he will not become a target after the special prosecutor has reviewed all evidence.” Rove’s supporters inside and outside the administration emphasize that Rove never told the reporter Plame Wilson’s actual name, nor mentioned her undercover status, but merely told Cooper that “Joseph Wilson’s wife” worked at the CIA. Critics note that it would take anyone a matter of moments to identify Plame Wilson as Wilson’s wife. Democrats on the House Intelligence Committee have asked Bush to revoke Rove’s security clearance. Senator Richard Durbin (D-IL) says the issue of whether Rove actually broke the law is not the only issue. “We just don’t hold those working at the closest and highest levels to the president to a criminal standard and say, ‘If you have not committed a crime, show up for work tomorrow morning,’” he says. [New York Times, 7/14/2005] Days later, Bush will modify his earlier statements, saying that someone who has committed a crime would no longer work in his administration (see July 18, 2005).
Senate Minority Leader Harry Reid (D-NV) calls upon the White House to strip political adviser Karl Rove of his security clearance, referring to Rove’s involvement in leaking the CIA identity of Valerie Plame Wilson (see July 10, 2005). Reid says that the administration should have done so long ago, but instead has refused to discuss Rove’s involvement and attacked its critics. “This is what is known as a cover-up,” Reid says. “This is an abuse of power.” In response, Senate Majority Leader Bill Frist (R-TN) accuses Democrats of resorting to “partisan war chants.” [Associated Press, 7/15/2005] Shortly after Reid’s statement, the progressive media watchdog organization Media Matters notes that Rove has, apparently, violated the strictures of the federal government’s Classified Information Nondisclosure Agreement (Standard Form 312), and that those strictures call for the removal of Rove’s security clearance. The organization goes on to note that with few exceptions, the mainstream media has repeated Democratic calls for Rove to lose his clearance without mentioning Rove’s violation of the Nondisclosure Agreement. According to the Agreement, “dissemination” or “confirmation” of classified information constitutes an “unauthorized disclosure,” even after that information has been published in a “public source.” [Media Matters, 7/19/2005] In October, Rove will admit to having leaked Plame Wilson’s name to two reporters (see October 14, 2005).
Some of the 91 signatures on the letter from House Democrats to the president. [Source: House Judiciary Committee / Raw Story]Representative John Conyers (D-MI), the ranking member of the House Judiciary Committee, and 91 other House members send a letter to President Bush asking that White House political adviser Karl Rove either explain his role in outing CIA official Valerie Plame Wilson, or resign. Conyers and the co-signers write, “[W]e believe it is not tenable to maintain Mr. Rove as one of your most important advisers unless he is willing to explain his central role in using the power and authority of your administration to disseminate information regarding Ms. Plame [Wilson] and to undermine her husband, Ambassador Joseph Wilson.” House Minority Leader Nancy Pelosi (D-CA) and Minority Whip Steny Hoyer (D-MD) do not sign the letter, but send their own letter to House Speaker Dennis Hastert (R-IL) asking that relevant House committees schedule hearings on the Plame Wilson matter. In their letter, Pelosi and Hoyer write: “We urge you to direct that committees with jurisdiction over the Plame matter schedule hearings immediately. In previous Republican Congresses the fact that a criminal investigation was underway did not prevent extensive hearings from being held on other, much less significant matters” (see July 29, 2005). [Raw Story, 7/15/2005]
A source from within the Valerie Plame Wilson identity leak investigation confirms that White House political adviser Karl Rove had spoken with conservative columnist Robert Novak before Novak published his column identifying Plame Wilson as a CIA officer (see July 8, 2003 and July 14, 2003). Rove discussed Plame Wilson with Novak. However, according to the source, Rove first heard about Plame Wilson from Novak, as well as learning from Novak that she had played a role in recommending her husband, Joseph Wilson, for a trip to Niger to investigate claims that Iraq had attempted to purchase uranium from that country (see February 21, 2002-March 4, 2002 and July 6, 2003). According to the source, Novak, not Rove, initiated the conversation about Plame Wilson. It is not clear who revealed Plame Wilson’s identity to Novak, or whether Novak has identified that source to the grand jury. [New York Times, 7/15/2005; New York Times, 7/16/2005] In its reporting, the New York Times publicly reveals the July 8, 2003 conversation between Rove and Novak (see July 8, 2003). [New York Times, 7/15/2005] Novak has disputed Rove’s version of events, saying that Rove confirmed Plame Wilson’s identity to him and not the other way around (see October 7, 2003, February 5, 2004, and September 14, 2004).
Rep. James Sensenbrenner. [Source: Climate Progress (.org)]Representative John Conyers (D-CA), the ranking member of the House Judiciary Committee, writes a letter to committee chairman James Sensenbrenner (D-WI), asking that the committee open an investigation into the Plame Wilson identity leak. Conyers’s letter will not receive a response. Sensenbrenner has already ignored one such request (see October 30, 2003). [Waxman, 12/2005]
One day after the New York Times revealed that Karl Rove was a source for the 2003 outing of CIA official Valerie Plame Wilson (see July 14, 2005), unnamed sources tell the New York Daily News that special counsel Patrick Fitzgerald is also examining the role of former White House press secretary Ari Fleischer in the leak. “Ari’s name keeps popping up,” one of the sources tells the Daily News. The press is not yet aware that Fleischer is, indeed, one of the White House officials who leaked Plame Wilson’s identity (see July 7, 2003, 8:00 a.m. July 11, 2003, 1:26 p.m. July 12, 2003), nor is it aware that Fitzgerald has offered Fleischer immunity in return for his testimony in his investigation (see February 13, 2004, June 10, 2004, and September 2004). Sources also note that Fitzgerald is focusing on Vice President Dick Cheney’s chief of staff Lewis Libby, whom one source describes as “totally obsessed with [Joseph] Wilson,” the husband of Plame Wilson who angered the administration by publishing an op-ed debunking a key claim President Bush used to justify his decision to invade Iraq (see July 6, 2003). And, the sources say, Fitzgerald is keenly interested in a State Department memo revealing Plame Wilson’s identity (see June 10, 2003 and (July 15, 2005)). [New York Daily News, 7/15/2005] Author and blogger Marcy Wheeler, covering the Libby perjury trial in 2007, will write of her suspicions that the information to the Daily News was leaked by Rove, or someone close to him, to attempt to turn media attention away from himself and onto someone else. “Clearly, the behind-the-scenes media campaign was giving reporters fresh meat (in the form of Fleischer) to distract them from Rove,” Wheeler will write. Wheeler will note that while the media remains interested in Rove, the apparent distraction attempt will work, with media attention focusing on Fleischer and how the memo may incriminate him in the investigation. She will write, “The press, which just a day before had been in a frenzy reporting Rove’s demonstrable role in the CIA leak, had abruptly shifted its attention to chasing down a story implicating Fleischer and (to a lesser degree) [former Secretary of State] Colin Powell in unsubstantiated ways.” Wheeler goes on to observe: “The leak campaign against Fleischer served one other purpose, albeit a crafty one. Since Libby had told Fleischer of Valerie [Plame] Wilson’s identity in such a way that made it appear that Libby knew her identity was classified, Fleischer was a potential witness against Libby. Focusing suspicion on Fleischer would undermine his role as a witness if Libby were to face charges. The leaks about Fleischer and the [State Department] memo served several purposes: They distracted the press corps from validated revelations of Rove’s involvement; they provided an alternative source for the Novak leak and a provenance for that leak outside the White House; and they impugned a potential witness at a trial. All of this was possible because some journalists didn’t question what they were being fed by their unnamed sources.” [Marcy Wheeler, 2/4/2007]
Prosecutors in the Valerie Plame Wilson identity leak case (see December 30, 2003) become intensely interested in a 2003 State Department memo (see June 10, 2003) detailing how former ambassador Joseph Wilson—Plame Wilson’s husband—was chosen to journey to Niger to investigate claims that Iraq had attempted to purchase uranium from that country (see February 21, 2002-March 4, 2002). The memo also sheds light on the role Wilson’s wife played in his selection. Prosecutors are trying to learn whether White House officials learned of Plame Wilson’s identity from the memo, if any officials then leaked her name to the press, and if those officials were truthful in their testimony about the memo. It is possible that the memo could show that the State Department told the White House of Plame Wilson’s identity as an undercover CIA agent before July 6, 2003, when Wilson publicly lambasted the Bush administration’s justification for war with Iraq in a New York Times op-ed (see July 6, 2003). It is as yet unclear who actually saw the memo, or whether it was the original source of information for whoever gave Plame Wilson’s name to conservative columnist Robert Novak (see July 8, 2003). Former White House spokesman Ari Fleischer is also a person of interest in the investigation. Prosecutors want to know how much detailed information he had about the State Department memo. [New York Times, 7/16/2005]
Washington Post reporter Bob Woodward criticizes the investigation into the identity leak of CIA officer Valerie Plame Wilson. Woodward does not mention that he is one of the reporters who was contacted by a Bush administration official about Plame Wilson being a CIA agent (see June 13, 2003); he has also withheld his knowledge of the case from special prosecutor Patrick Fitzgerald and his own editors (see November 16-17, 2005). Woodward tells a CNN audience: “I’m not sure there’s any crime in all of this. The special prosecutor has been working 18 months. Eighteen months into Watergate we knew about the tapes. People were in jail. People had pled guilty. In other words, there was a solid evidentiary trail. I don’t see it here.… Well, it may just be politics as usual. I mean, [White House senior adviser Karl] Rove’s defenders say, look, the evidence is, and the evidence is, that he was saying Joe Wilson [Plame Wilson’s husband], who was criticizing the administration on weapons of mass destruction really had an ax to grind and got his job because his wife had worked at the CIA and recommended him, so there’s fuzziness to this.” [Media Matters, 11/16/2005]
Mamoun Darkazanli, a German-Syrian businessman who associated with 9/11 hijackers Mohamed Atta, Marwan Alshehhi, and Ziad Jarrah and is suspected of helping the 9/11 plot (see October 9, 1999 and Spring 2000), is released in Germany. He had been arrested the previous year (see October 14, 2004) and Spanish authorities had requested he be deported to Spain, where he had been indicted in terrorism charges. However, Germany’s highest court rules that his arrest warrant is invalid because it violates a German law prohibiting the extradition of its own citizens. German Justice Minister Brigitte Zypries will call the ruling by the federal constitutional court “a blow for the government in its efforts and fight against terrorism.” Germany will amend its legislation and the Spanish will try again, but this second attempt to extradite Darkazanli will also be unsuccessful (see Late April 2007). [BBC, 7/18/2005]
During a press conference, President Bush is asked if he still intends to fire anyone involved in the Plame Wilson leak, and if he is “displeased that Karl Rove told a reporter that Ambassador Joseph Wilson’s wife worked for the [CIA] on WMD issues.” Bush, described as looking “mildly annoyed,” responds, “We have a serious ongoing investigation here,” and adds: “[I]t’s being played out in the press. And I think it’s best that people wait until the investigation is complete before you jump to conclusions. And I will do so, as well. I don’t know all the facts. I would like to know all the facts. The best place for the facts to be done is by somebody who’s spending time investigating it. I would like this to end as quickly as possible so we know all the facts, and if someone committed a crime, they will no longer work in my administration.” The last line regarding a “crime” was carefully selected before the conference by White House communications director Dan Bartlett, who, press secretary Scott McClellan will later write, wanted to “redefine the terms of firing someone who might have been involved in the leak, specifically Karl.” The New York Times observes, “The remarks appeared to shift the standard for dismissal that has been expressed repeatedly over many months by Mr. Bush’s spokesmen—from promises to fire anyone who played a role in the disclosure, to Mr. Bush’s statement today that criminal conduct would have to be involved.” McClellan dutifully echoes the new phrase in his own press conference, “barely objecting that it did not square with what the president had previously committed to do” (see September 29, 2003 and June 10, 2004). “I think that the president was stating what is obvious when it comes to people who work in the administration: that if someone commits a crime, they’re not going to be working any longer in this administration,” McClellan tells reporters. “I think that you should not read anything into it more than what the president said at this point.” McClellan will later describe himself as “psychologically battered” by this point (see July 11, 2005). [New York Times, 7/18/2005; White House, 7/18/2005; New York Times, 7/19/2005; McClellan, 2008, pp. 262-263]
Accusations of Shifting Standards, 'Lowering the Ethics Bar' - Senator Charles Schumer (D-NY) says he is disappointed in what he believes to be Bush’s shifting stance. “The standard for holding a high position in the White House should not simply be that you didn’t break the law,” he says. Representative Henry Waxman (D-CA) writes a letter to Bush charging that he has “significantly changed” his position, and that a president has “an affirmative obligation” to take quick action to protect national security secrets without waiting for a prosecution to run its course. [New York Times, 7/18/2005] Other Democrats charge that Bush has “lowered the ethics bar” for his administration. Representative John Conyers (D-MI) says: “It appears that an administration that came to office promising ‘honesty and integrity’ and to avoid ‘legalisms’ is now defining ethical standards downward. In this White House, apparently no aide will be fired or forced to resign unless and until the jail cell door is locked behind him.” [Associated Press, 7/18/2005]
Rove Held to Different Standard of Accountability, Say Experts - Some experts say that by insisting on waiting for a final legal verdict, Bush is setting a different standard of accountability for Rove than for other government employees. Elaine Kaplan, who headed the Office of Special Counsel from 1998 through 2003, says: “Government employees and officials who are negligent with classified information can lose their jobs for carelessness. They don’t have to be convicted of intentionally disseminating the information. Crime has never been the threshold. That’s not the standard that applies to rank-and-file federal employees. They can be fired for misconduct well short of a crime.” Beth Slavet, the former chair of the Merit Systems Protection Board, adds: “The government can fire a Civil Service employee if it can show, by a preponderance of the evidence, that it would ‘promote the efficiency of the service’ to do so. The person does not have to be guilty of a crime. You can be dismissed because you didn’t submit paperwork on time, you didn’t follow instructions, you repeatedly showed up late for work, or you yelled at supervisors and fellow workers.” [New York Times, 7/19/2005]
Anti-abortion extremist Eric Rudolph (see April 14, 2005), whose bombings cost the lives of two people and injured several more, receives four life sentences for his actions. He pled guilty to multiple bombings in return for the death penalty being removed from consideration. One of his victims, nurse Emily Lyons, calls Rudolph a “monster” and a “coward,” and says he deserves death for what he did (see January 29, 1998). Felicia Sanderson, whose husband was slain in the same bombing that maimed Lyons, tells the court: “I want to tell you there is no punishment in my opinion great enough for Eric Rudolph. When Eric Rudolph leaves this earth and has to face final judgment, I’m going to leave the final judgment in God’s hand.” For his part, Rudolph uses the sentencing hearing to lambast abortion clinics and the practice of abortions. The clinics deserved to be bombed, he says, because “[w]hat they did was participate in the murder of 50 children a week. Abortion is murder and because it is murder I believe deadly force is needed to stop it.… Children are disposed of at will. The state is no longer the protector of the innocence [sic].” The director of the Alabama clinic bombed by Rudolph says, “It gives me great delight to know you are going to spend the rest of your life sitting in an 8-by-12 box.” [Associated Press, 7/18/2005]
Former State Department official Marc Grossman, who has testified that he is one of the officials who divulged former CIA covert official Valerie Plame Wilson’s identity to former White House aide Lewis Libby (see 12:00 p.m. June 11, 2003), tells reporters that former ambassador Joseph Wilson’s trip to Niger (see March 4-5, 2002) had nothing to do with Plame Wilson being Wilson’s wife, as many of Libby’s defenders assert. Grossman wrote a memo detailing Wilson’s trip to Niger (see June 10, 2003) that was given to Libby and other White House officials. Grossman, speaking anonymously, says: “It wasn’t a Wilson-Wilson wife memo. It was a memo on uranium in Niger and focused principally on our [the State Department’s] disagreement” with the White House. The memo noted, erroneously, that Plame Wilson helped engineer Wilson’s trip to Niger (see February 19, 2002, July 22, 2003, and October 17, 2003), but Grossman says it did not identify her as an undercover CIA agent, nor did it identify her as Valerie Plame, which was her maiden name and cover name at the CIA. Grossman says the fact that the CIA official and Wilson were a married couple was largely an incidental reference. [Associated Press, 7/20/2005] Grossman will be revealed as the anonymous source who speaks to reporters at this time in April 2006. [Truthout (.org), 4/14/2006]
The Office of Management and Budget (OMB) releases a “Statement of Administrative Policy” regarding the 2006 National Defense Authorization Act, the massive appropriations bill for the year. The document is given little attention in the media, but it wields great influence inside the government. Unknown to most OMB staffers, Vice President Dick Cheney’s lawyer David Addington has gone through OMB deputy director Nancy Dorn—herself a former Cheney staffer—to add a key paragraph to the document at the very last minute, without staff review. The paragraph says, in part, “The administration strongly opposes” any amendment to “regulate the detention, treatment, or trial of terrorists captured in the war on terror.” Addington’s paragraph is a pre-emptive strike at any such legislative attempt to modify or ease the polices towards detainees, especially in a following statement that reads, “[T]he president’s senior advisers would recommend that he veto” any such bill. The insertion is part of Cheney’s attempt to head off any possible legislation restricting the administration’s claimed power to hold anyone it chooses in indefinite detention (see Summer 2005). [Office of Management and Budget, 7/21/2005 ; Washington Post, 6/25/2007]
MSNBC reports that the grand jury investigating the Plame Wilson identity leak has heard testimony from UN Ambassador John Bolton about a State Department memo identifying Valerie Plame Wilson as a CIA official (see May 29, 2003 and June 10, 2003). The date of Bolton’s appearance before the grand jury is unclear. At the time of the memo, Bolton was an undersecretary in the State Department. [MSNBC, 7/21/2005] Bolton failed to mention his grand jury appearance, or his involvement in the Plame Wilson leak, during Senate confirmation hearings for his nomination as UN ambassador. [New York Times, 7/22/2005] State Department spokesman Sean McCormack will deny that Bolton testified before the grand jury. [Newsmax, 7/28/2005] A day later, the State Department will acknowledge that Bolton was interviewed over his role in the administration’s Iraq-Niger uranium claims, another fact he omitted during his nomination hearings, but will not admit to his appearance before the grand jury. [Associated Press, 7/29/2005]
On July 28, the Los Angeles Times is the first to report that Haroon Rashid Aswat, the alleged mastermind of the 7/7 London bombings (see July 7, 2005), was arrested in the African country of Zambia about a week earlier. He is said to have been arrested while trying to enter Zambia from the neighboring country of Zimbabwe. Aswat is a British citizen but is wanted in the US on charges of setting up a training camp there. US and British officials vie to extradite him; Zambia soon announces they will extradite him to Britain. [Los Angeles Times, 7/28/2005; London Times, 7/29/2005]
Bud Cummins, US Attorney for the Eastern District of Arkansas (see January 9, 2002), does well in his second Evaluation and Review Staff (EARS) evaluation by the Justice Department. As with his first EARS evaluation (see April or August 2002), he is described as highly regarded by the judiciary in his district as well as by law enforcement, civil client agencies, and his office personnel. The current EARS evaluation reports that Cummins and his senior management team “effectively managed the office’s operations and personnel.” Under Cummins, the report says, his office has “established strategic goals that were appropriate to meet the priorities of the department and the needs of the district.” Cummins is involved in the day-to-day management of his office, and is active in Justice Department matters, serving on various Attorney General Advisory Committee subcommittees. Cummins also receives high marks for his office’s anti-terrorism, anti-drug, and reduction of gun violence programs. The office focuses strongly on public corruption cases involving state legislators. Cummins is doing a good job of incorporating a number of new and inexperienced assistants into his staff of “very experienced” assistants, though the report recommends that he consider selecting either “a deputy criminal chief, or the creation of units with lead attorneys to assist the criminal chief in the management of the workload and personnel.” The report also finds some incorrect data entries in the Legal Information Office Network System (LIONS). [US House of Representatives, Committee of the Judiciary, 4/13/2007 ; US Department of Justice, Office of the Inspector General, 9/29/2008] Cummins will be fired shortly after this evaluation is performed (see December 20, 2006). He has already been identified as a target for removal by Justice Department aide Kyle Sampson (see January 9, 2005). All of the US Attorneys on Sampson’s list of targets are described as “weak US Attorneys who have been ineffectual managers and prosecutors, chafed against administration initiatives, etc.”
Bloomberg News reports that Lewis Libby, Vice President Dick Cheney’s chief of staff, testified that he first learned of CIA official Valerie Plame Wilson’s identity from NBC bureau chief Tim Russert. Libby will make this claim a staple of his defense in his upcoming perjury trial (see January 16-23, 2007). He is referring to a conversation he had with Russert in July 2003 (see July 10 or 11, 2003). He testified to the claim when he was interviewed by special counsel Patrick Fitzgerald as part of the Plame Wilson identity leak investigation (see October 14, 2003 and November 26, 2003). Russert has told FBI investigators that he did not tell Libby of Plame Wilson’s identity (see November 24, 2003 and August 7, 2004). Similarly, White House political strategist Karl Rove has testified that he learned of Plame Wilson’s identity from columnist Robert Novak (see September 29, 2003, October 8, 2003, and October 15, 2004). Novak has told investigators that he learned of Plame Wilson’s identity from Rove, CIA spokesman Bill Harlow, and Deputy Secretary of State Richard Armitage (see October 7, 2003, February 5, 2004, and September 14, 2004). Fitzgerald has determined that both Libby and Rove may have deliberately lied to the FBI and to his investigations in making their claims (see October and November 2003). According to Rove’s attorney Robert Luskin, Rove told Fitzgerald’s grand jury that “he had not heard her name before he heard it from Bob Novak.” Senator Charles Schumer (D-NY) says that the White House should suspend Libby and Rove’s security clearances (see July 13, 2005), and that President Bush should fire anyone involved in the leak, presumably meaning Libby and Rove. [Bloomberg, 7/22/2005; Washington Post, 7/23/2005]
Entity Tags: Richard Armitage, Karl C. Rove, Charles Schumer, Bill Harlow, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, Robert Luskin, Robert Novak, Valerie Plame Wilson, Tim Russert, Patrick J. Fitzgerald
Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing
Senator John McCain (R-AZ) introduces an amendment to the annual legislation to fund the Defense Department. McCain’s amendment, co-sponsored by Senate Armed Services Committee chairman John Warner (R-VA) and Senator Lindsey Graham (R-SC), a former military lawyer, states that military interrogators cannot exceed the limits on detainee treatment set forth in the US Army Field Manual. In essence, the amendment would prohibit the use of harsh interrogation techniques that many, including McCain, feel constitute torture. The Field Manual limits were specifically written to comply with the Geneva Conventions. The amendment also prohibits US officials, including CIA agents, from inflicting not just torture but any form of “cruel, inhuman, and degrading treatment” on anyone in their custody, no matter where in the world the prisoner is being kept. The amendment, later known as the McCain Amendment or the McCain Torture Ban, becomes the subject of fierce, largely private negotiations between McCain and the White House. Vice President Cheney quickly lobbies friendly Republicans in Congress to oppose the amendment, and has private meetings with Warner and McCain. At Cheney’s behest, Senate Majority Leader Bill Frist (R-TN) withdraws the entire bill from consideration rather than allow it to pass with the McCain amendment attached. [Savage, 2007, pp. 220-221]
Representative Rush Holt (D-NJ) introduces a resolution that would request the Bush administration to divulge the name, or names, of the White House officials responsible for leaking the CIA status of Valerie Plame Wilson to the press (see June 13, 2003, June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, 8:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, 1:26 p.m. July 12, 2003, and July 12, 2003). The resolutions are referred to four House committees: Judiciary, International Relations, Armed Services, and Intelligence. The Republican leadership votes the resolution down in each committee, arguing in each case that to make such a request would interfere with the Justice Department’s ongoing criminal investigation. In December 2005, the Democrats on the House Judiciary Committee will write, “This argument would seem to be disingenuous given that there are numerous precedents for Congressional committees investigating concurrently with the Justice Department and with other matters under criminal review by the executive branch, most notably many concurrent investigations by the Republican Congress involving the Clinton administration.” [Waxman, 12/2005]
Susan Ralston and Israel Hernandez, two aides to White House political strategist Karl Rove, testify before the grand jury investigating the Plame Wilson identity leak. Ralston still works for Rove, while Hernandez has moved to the Commerce Department. Both are asked about the testimony given by reporter Matthew Cooper (see July 13, 2005), who told the grand jury of the conversation he had with Rove concerning Valerie Plame Wilson’s CIA identity (see 11:00 a.m. July 11, 2003). Both aides are asked why Cooper’s call was not entered in Rove’s office telephone logs; Ralston says that the call was not logged because Cooper did not call Rove directly, but was transferred from the White House switchboard. [New York Times, 8/3/2005; Washington Post, 10/7/2005]
CIA official Robert Grenier, who in 2003 was the agency’s Iraq mission manager and who informed former White House official Lewis Libby that Valerie Plame Wilson was a CIA official (see 2:00 p.m. June 11, 2003), testifies about his knowledge of the Plame Wilson identity leak to the grand jury investigating it. [Marcy Wheeler, 1/24/2007] Grenier has already testified to the FBI about his conversation with Libby (see December 10, 2003).
Washington Post editor and reporter Bob Woodward repeats the baseless claim that a 2002 report by former ambassador Joseph Wilson on attempts by Iraq to secure Nigerien uranium (see March 8, 2002) contradicted his 2003 New York Times op-ed criticizing the Bush administration’s use of the uranium claim to justify its invasion of Iraq (see July 6, 2003). The progressive media watchdog organization Media Matters will note that according to a Senate Intelligence Committee report (see July 9, 2004), “there appears to be no contradiction between the report and Wilson’s op-ed.… Wilson’s language [in the op-ed] closely echoes the Intelligence Committee’s description of his report.” Woodward says that according to Wilson’s 2002 report, “there were reasonable grounds to discredit” Wilson, and goes on to say that Wilson “had said something in his reports a year before that contradicted what he wrote in an op-ed piece in the New York Times.” Woodward also mocks the idea that anyone in the Bush administration wants to “trash” or “discredit” Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, and April 5, 2006), and goes on to say that “there were reasonable grounds to discredit him.” [Media Matters, 8/1/2005] Woodward does not reveal that he himself was an early recipient of the White House’s leaked information that Wilson’s wife is a clandestine CIA officer (see June 13, 2003).
Members of the special counsel’s investigation into the Plame Wilson identity leak learn that former White House official Lewis Libby and/or his attorney, Joseph Tate, may have tried to influence or discourage New York Times reporter Judith Miller’s testimony. Miller received information from Libby about Plame Wilson’s covert CIA status (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Special counsel Patrick Fitzgerald and his staff learn from press accounts of possible witness tampering by either Libby, Tate, or both. It is known that Tate has discouraged Libby from giving Miller a waiver of confidentiality that would free her from her responsibility of protecting Libby as a source. Miller is currently in jail for refusing to testify in the investigation (see July 6, 2005). Upon learning about the potential tampering, Fitzgerald strongly urges attorneys for Miller and Libby to negotiate an agreement that would allow Miller to testify. (Libby will give Miller a waiver releasing her from their confidentiality agreement—see September 15, 2005). According to investigative reporter Murray Waas, because Fitzgerald is loathe to lose Miller’s testimony, and is unsure of what she might testify to, he will not aggressively pursue the possibility that Libby and/or Tate might have attempted to influence or discourage Miller’s testimony (see August 12, 2004 and After). However, the possibility of witness tampering does give further impetus to Fitzgerald’s inclination to bring criminal charges against Libby. Waas will write, “Potentially misleading and incomplete answers by Libby to federal investigators are less likely to be explained away as the result of his faulty memory or inadvertent mistakes,” according to his sources. A Justice Department official will tell Waas: “Both intent and frame of mind are often essential to bringing the type of charges Fitzgerald is apparently considering. And not wanting a key witness to testify goes straight to showing that there were indeed bad intentions.” [National Journal, 10/18/2005]
US Attorney John McKay of Washington State is appointed to chair the Regional Information Sharing Working Group, a subcommittee of the Attorney General’s Advisory Committee (AGAC). He begins giving presentations about the Northwest Law Enforcement Information Exchange (LInX—see Early 2004 and Early 2005 - Spring 2005) and its benefits as an information-sharing program. McKay is a passionate advocate for the program and its potential to be used on a nationwide basis to share information between local, state, and federal authorities. According to Principal Associate Deputy Attorney General William Mercer, by early 2006 Deputy Attorney General Paul McNulty and his office are becoming concerned that McKay is pushing LInX as the Justice Department’s only information-sharing initiative, when in fact it is one of several information-sharing programs used by US Attorneys. By the first of the year, McNulty’s office is receiving complaints from Justice Department law enforcement entities about McKay traveling around the country endorsing another program over the ones used in other US Attorneys’ offices. Later investigation will show that no one shares any of these complaints with McKay. McKay will say that no one in the Justice Department ever told him that they disagreed with his advocacy of LInX, or wanted to use other programs. He will recall getting the impression in an April 2006 meeting with McNulty and several Pentagon officials that McNulty is interested in garnering the assistance of the Defense Department and the Department of Homeland Security to broaden LInX’s usage throughout the nation. McNulty will say that McKay’s impressions were incorrect, that other law enforcement agencies are using other information-sharing platforms, and that other entities, such as the Navy, have different agendas for information sharing with the Defense Department. McNulty will say he is attempting to juggle conflicting concerns, such as to what extent the Justice Department should open its records to other entities. Technology experts in the department are advising McNulty to remain “neutral” about which system(s) the department uses. [US Department of Justice, Office of the Inspector General, 9/29/2008]
Luai Sakra shouting to passers-by while imprisoned in Turkey. [Source: Reuters]Al-Qaeda operative Luai Sakra, recently arrested in Turkey (see July 30, 2005), is interrogated for four days by police in Istanbul. He apparently freely confesses to involvement in a number of attacks and even shouts out confessions to reporters and passers-by from the window of his prison cell. [BBC, 8/13/2005]
He says, “I was one of the people who knew the perpetrators of September 11, and knew the time and plan before the attacks. I also participated in the preparations for the attacks to WTC and Pentagon. I provided money and passports.” He claims to know 9/11 hijacker Mohamed Atta. Sakra lived in Germany for about a year before the 9/11 attacks (see September 2000-July 24, 2001). [Zaman, 8/14/2005; Der Spiegel (Hamburg), 8/24/2005] He also makes the claim that he helped some of the 9/11 hijackers near Bursa, Turkey, and will provide further details on this in 2007 (see Late 1999-2000). [Washington Post, 2/20/2006]
Sakra claims to have co-masterminded a series of suicide bombings in Istanbul in 2003 that killed 58 people (see November 15-20, 2003). “I gave the orders, but as far as the targets, Habib Aktas made the decisions.” [Journal of Turkish Weekly, 8/13/2005]
He claims to have fought for militant leader Abu Musab al-Zarqawi in Fallujah, Iraq, in 2004. In 1999, Sakra worked with al-Zarqawi to start a new Afghan training camp for Syrians and Jordanians and the two of them became friends. Sakra boasts of participating in the execution of a kidnapped Turkish truck driver in August 2004. The driver was abducted from the laundry facility on a US base in Iraq and at one point Sakra worked in the laundry service there. [Journal of Turkish Weekly, 8/13/2005; BBC, 8/13/2005; Der Spiegel (Hamburg), 8/24/2005] A US official says “We are taking very seriously reports that he was in Fallujah, and is linked with al-Zarqawi.” [United Press International, 8/17/2005] A captured aide to al-Zarqawi later confirms that Sakra was a key aide to al-Zarqawi in Fallujah beginning in March 2004 and that Sakra “provided coordinates for mortar attacks on US bases in Mosul, Samarra, Baghdad, and Anbar province.” [Washington Post, 2/20/2006]
Sakra’s lawyer also claims Sakra was a member of a gang that held Kenneth Bigley, a British contractor in Iraq, for three weeks and then murdered him in October 2004. [Guardian, 4/20/2006]
He claims to have had foreknowledge of the 7/7 London bombings (see July 7, 2005). He says he sent details about the attacks and who exactly took part in it to bin Laden via messenger some weeks afterwards. He also claims that he frequently communicated with bin Laden in person and by messenger. [Zaman, 8/15/2005]
He claims to have sent many operatives to the US, Britain, Egypt, Syria, and Algeria to take part in various operations. [Zaman, 8/15/2005]
He claims that the CIA, Syrian intelligence, and Turkish intelligence all wanted to employ him as an informant. The Turkish newspaper Zaman will conclude that Sakra likely did work for all three governments. “Sakra eventually became a triple agent for the secret services. Turkish security officials, interrogating a senior al-Qaeda figure for the first time, were thoroughly confused about what they discovered about al-Qaeda.” [Zaman, 8/14/2005] A Turkish security official will comment, “If during his trial, Sakra tells half of the information we heard from him, al-Qaeda’s real face will emerge. But what he has said so far has more to do about a formation permeated by secret services rather than the terror organization of al-Qaeda.” [Zaman, 8/15/2005]
When offered a chance to pray, he surprisingly replies, “I don’t pray and I like alcohol. Especially whiskey and wine.” [Der Spiegel (Hamburg), 8/24/2005]
Der Spiegel reports, “Western investigators accept Sakra’s claims, by and large, since they coincide with known facts.” After talking to Sakra, Turkish officials suggest he may be one of the top five most important members of al-Qaeda. One security official says, “He had an intellect of a genius.” However, he also was found with medicine to treat manic-depression and exhibits manic-depressive behavior. [Zaman, 8/14/2005; Der Spiegel (Hamburg), 8/24/2005] Sakra will later be sentenced to life in prison (see March 21, 2006-February 16, 2007) for his self-confessed role in the 2003 Istanbul bombings (see November 15-20, 2003).
Lawyers for Sibel Edmonds file a petition with the Supreme Court asking it “to provide guidance to the lower courts about the proper scope and application of the state secrets privilege (see March 9, 1953), and to prevent further misuse of the privilege to dismiss lawsuits at the pleading stage.” The petition also urges the court to affirm that the press and public may not be barred from court proceedings in civil cases without just cause. In May, the federal appeals court had closed the courtroom to the public and media. Edmonds’ lawyers include the American Civil Liberties Union and Mark Zaid of Krieger and Zaid, PLLC. If the Supreme Court rules in favor of Edmonds, she will return to the lower courts and start her case again. [Petition for a writ of certiorari. Sibel Edmonds v. Department of Justice, et all., 8/4/2005, pp. 2 ; Government Executive, 8/8/2005]
Two lobbyists for the American Israel Public Affairs Committee (AIPAC), Steven Rosen and Keith Weissman, are indicted for crimes relating to their role in passing classified US government information to Israel (see April 13, 1999-2004). They are charged with conspiring “to communicate national defense information [to] persons not entitled to receive it,” applicable under the Espionage Act. Their charges are similar to those filed against former government employee Larry Franklin, their contact (see October 5, 2005). National security expert Eli Lake will call the charges against Rosen and Weissman “unprecedented,” noting that for them to face the same charges as Franklin puts them—two private citizens—under the same obligation as Franklin, a government official, to keep secret any classified information they might acquire. Lake will write: “[I]f it’s illegal for Rosen and Weissman to seek and receive ‘classified information,’ then many investigative journalists are also criminals—not to mention former government officials who write for scholarly journals or the scores of men and women who petition the federal government on defense and foreign policy. In fact, the leaking of classified information is routine in Washington, where such data is traded as a kind of currency. And, while most administrations have tried to crack down on leaks, they have almost always shied away from going after those who receive them—until now. At a time when a growing amount of information is being classified, the prosecution of Rosen and Weissman threatens to have a chilling effect—not on the ability of foreign agents to influence US policy, but on the ability of the American public to understand it.” [US v. Franklin, Rosen, and Weissman Criminal No. 1:05CR225, 8/4/2005 ; New Republic, 10/10/2005; Savage, 2007, pp. 174] Months later, Attorney General Alberto Gonzales will say that journalists and other private citizens can be prosecuted for leaking classified information (see May 21, 2006). Almost four years later, the charges against Rosen and Weissman will be dropped (see May 1, 2009).
The cover of the Sun, a British tabloid, shortly before Bakri left Britain. [Source: The Sun]Radical London imam Sheikh Omar Bakri Mohammed is allowed to leave Britain, and flies to Lebanon. He is believed to hold joint Syrian and Lebanese citizenship, but had been living in Britain since gaining political asylum there in the 1980s. The BBC reports that his departure comes “amid speculation he was to be investigated for treason.” One day after his departure, the Sunday Times will publish a story quoting Bakri praising the recent 7/7 London bombings, referring to the four suicide bombers as the “fantastic four,” and encouraging his supporters to be martyrs (see July 9, 2005 and Shortly Afterwards). He also had recently said that he would not report a potential bomber to the police, adding that he would stop any potential attack himself. While the British government makes no move to stop Bakri from leaving, two days after he leaves it will be announced that authorities are considering if there is enough evidence to charge him with a crime, possibly through little-used laws against treason. Bakri says he is only going abroad for a holiday and will be glad to return to face possible criminal charges. [BBC, 8/9/2005] But Bakri will not return, even though there are no reports of charges being filed against him. One year later, the British government will announce that it is formally prohibiting Bakri from returning. [CNN, 7/21/2005] He continues to inspire his militant group Al-Muhajiroun, which continues to operate in Britain by periodically changing its name (see July 19, 2006).
Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney, tells federal investigators that he disclosed CIA case officer Valerie Plame Wilson’s name to New York Times reporter Judith Miller on July 8, 2003 (see 8:30 a.m. July 8, 2003). Reporter Murray Waas will write, “The new disclosure that Miller and Libby met on July 8, 2003, raises questions regarding claims by President Bush that he and everyone in his administration have done everything possible to assist Fitzgerald’s grand jury probe.” Many involved in the investigation question Libby’s apparent decision not to give a personal waiver of privilege to Miller, who is currently sitting in jail rather than disclosing the contents of her conversations with Libby (see July 6, 2005). Miller does not accept the validity of a general waiver signed by Libby and others at the behest of special prosecutor Patrick Fitzgerald. Fitzgerald and his prosecutors consider the meetings between Libby and Miller critical to proving that Libby committed criminal offenses by giving information on Plame Wilson’s CIA status to Miller and other reporters. [American Prospect, 8/6/2005]
Haroon Rashid Aswat, arrested in Zambia around July 21, 2005 (see (July 21, 2005)), is extradited from Zambia back to Britain. Aswat is a British citizen and spent most of his life there until disappearing several years earlier. Numerous media accounts refer to him as the mastermind of the 7/7 London bombings (see July 7, 2005 and Late June-July 7, 2005), but British authorities seem mysteriously uninterested in him (see Late July 2005 and After). Even as he arrives in Britain and has yet to be questioned about any role in the 7/7 bombings, officials make clear that they have no intention of charging him for any crime. Instead, they plan to extradite him to the US, as the US has just issued a warrant for his arrest relating to his efforts to help start a militant training camp in Oregon in 1999 (see November 1999-Early 2000). Briefly appearing in court upon his arrival in Britain, Aswat denies any terrorism link and says he does not want to be extradited to the US. He is immediately placed in Belmarsh Prison, Britain’s highest security jail. [London Times, 8/8/2005]
Lawyers refile a civil suit against Secretary of Defense Donald Rumsfeld on behalf of “enemy combatant” Ali Saleh Kahlah al-Marri, who has been in US custody since late 2001 (see December 12, 2001) and was designated as an enemy combatant a year and a half later (see June 23, 2003). Al-Marri is asking the federal district court in South Carolina to declare unconstitutional what he, through his lawyers, calls the severe and unnecessary deprivations and restrictions to which he has been subjected since he was placed in military custody. Al-Marri had already filed a suit challenging the legality of his detention on habeas corpus grounds, a lawsuit that was ultimately dismissed (see October 4, 2004). Human Rights Watch director Jamie Fellner says: “It is bad enough that al-Marri has been held indefinitely without charges and incommunicado. Now we learn that his life in the brig has also been one of cruelty and petty vindictiveness.” [Human Rights Watch, 8/8/2005]
Allegations of Cruel Treatment - Al-Marri is currently the only known person designated as an enemy combatant still in legal limbo. He has been in solitary confinement since his December 2001 arrest, and in Guantanamo since mid-2003. Al-Marri was sent to the Charleston, South Carolina Naval brig once he was designated as an enemy combatant, isolated in a lightless cell hardly larger than a closet, and since then, his lawyers say, he has been subjected to deprivations of the most basic kinds, including shoes, socks, blankets, toilet paper, toothpaste, and sunlight. Sometimes he is denied water. During the day his mattress is removed. His captors often turn the temperature down in his cell to near-freezing conditions, but do not give him extra clothes or blankets. He is provided three short “recreation” sessions a week—in handcuffs and leg irons—but those are often denied him. He is allowed three showers a week, again in handcuffs and leg irons. He has been denied access to medical care. A devout Muslim, he is not given the basic necessities for religious observances—his captors even refuse to tell him which way to face towards Mecca, an essential element of daily devotions. Letters from his wife and children are heavily censored. Privileged notes he has written to his lawyer have been confiscated and not returned. He is subjected to constant video surveillance. He was repeatedly interrogated, his lawyers say, but has not been interrogated for a year. His captors have repeatedly threatened his family, telling him that he would be sent to Egypt or Saudi Arabia, where he would be tortured and sodomized and his wife raped in front of him. According to the lawsuit, his captors falsely told him that, because of him, his father and four of his brothers were in jail, and that if he cooperated, they would be released.
Commentary - “Mr. al-Marri has been detained at a naval brig for two-and-a-half years in cell that is 9 feet by 6 feet,” says law professor Jonathan Hafetz, who will become one of al-Marri’s lawyers. “During that time he has long been denied books, news, any contact with the outside world other than his attorneys, including his wife and five children, who he has neither seen nor spoken to. I mean things that we don’t even do to people who’ve been convicted of crimes.” Fellner says: “It’s the combination of restrictions imposed on al-Marri that offends basic norms of decency. There is no security justification for them. The Pentagon apparently believes it can hold him under any conditions they choose for as long as they choose.” [Human Rights Watch, 8/8/2005; Associated Press, 8/9/2005; Al-Marri v. Rumsfeld, 8/9/2005 ; CNN, 12/13/2005]
Military Denies Mistreatment - The military denies that al-Marri has been mistreated. [CNN, 12/13/2005] Defense spokesman Navy Lieutenant Commander J. D. Gordon says in 2007, “The government in the strongest terms denies allegations of torture, allegations made without support and without citing a shred of record evidence. It is our policy to treat all detainees humanely.” [Progressive, 3/2007]
Congress passes the Energy Policy Act (EPA) of 2005. The EPA is the product of the secret Cheney energy task force (see January 29, 2001 and May 16, 2001). The act provides $14.5 billion in tax breaks for corporate energy providers, primarily oil, coal, and nuclear power companies. It contains an array of odd and obscure provisions helping industrialists, many generated by the lobbyists and corporate executives who helped craft the bill (see May 10, 2005). It does nothing to discourage consumption by raising fuel efficiency standards, and does little to address the sharply rising price of oil. What it does, primarily, is give huge financial and regulatory breaks to the energy industry. [Savage, 2007, pp. 360]
Congress passes a law that forbids the Department of Energy, the Nuclear Regulatory Commission, and their contractors from firing or otherwise punishing any employee who informs Congress about possible wrongdoing. President Bush issues a signing statement that says only he or his appointees will decide whether employees of either agency can give information to Congress. [Boston Globe, 4/30/2006]
Former Clinton administration political consultant James Carville predicts that special counsel Patrick Fitzgerald will “com[e] after more people at the New York Times” in addition to Times reporter Judith Miller, who is in jail for refusing to cooperate with Fitzgerald’s investigation of the Valerie Plame Wilson identity leak (see July 6, 2005). Carville tells radio host Don Imus: “My sense is he’s coming after more people at the New York Times. He’s going to subpoena [executive editor] Bill Keller and all of them and ask them what Judy Miller told them. And if they don’t talk, he’s going to stick them in jail.” Carville also says that many people he talks to believe that Miller was used by the White House to “disseminate” Plame Wilson’s identity. “There are all sorts of rumors and I hear second hand that [Miller] was screaming out in the news room about this,” he says. The Times, Carville says, “to some extent is going to have to come clean. Because they’re going to have to tell us what Judy Miller knew, when she knew it, and who she told. And there’s a lot of people at the Times—and I know this to be a fact—who believe that.” Carville says it is difficult for Miller to claim First Amendment protections in refusing to discuss her knowledge of Plame Wilson’s identity leak. “It’s going to be very interesting to see whether [Miller’s] problem is a First Amendment [problem]—i.e., I want to protect a source—or a Fifth Amendment [problem]—I was out spreading this stuff too.” [NewsMax, 8/8/2005]
FBI Director Robert Mueller tells an audience at an InfraGard convention, “Those of you in the private sector are the first line of defense.” InfraGard is an organization made up of private business executives and employees who work with the FBI in counterterrorism, surveillance, and other areas (see 1996-2008). Mueller urges InfraGard members to contact the FBI if they “note suspicious activity or an unusual event.” And he urges members to inform the FBI about “disgruntled employees who will use knowledge gained on the job against their employers.” After the convention, Muller says of InfraGard, “It’s a great program.” [Progressive, 2/7/2008]
New Mexico Republican Party chairman Allen Weh, convinced that US Attorney David Iglesias is an incompetent who is deliberately refusing to prosecute voter fraud cases (see May 6, 2005 and After and May 12 - June 9, 2005), sends an email to Scott Jennings, an official in the White House Office of Political Affairs (OPA). He copies the email to Jennings’s supervisors Karl Rove and Sara Taylor (see Late January 2005), Republican National Committee official Timothy Griffin, and Steve Bell, the chief of staff to Senator Pete Domenici (R-NM). Weh writes in part: “We discussed the need to replace the US Atty in NM several months ago. The brief on voter fraud at the RNC [Republican National Committee] meeting last week reminded me of how important this post is to this issue, and prompted this follow up. As you are aware the incumbent, David Iglesias, has failed miserably in his duty to prosecute voter fraud. To be perfectly candid, he was ‘missing in action’ during the last election, just as he was in the 2002 election cycle. I am advised his term expires, or is renewed, in October. It is respectfully requested that strong consideration be given to replacing him at this point.… If we can get a new US Atty that takes voter fraud seriously, combined with these other initiatives we’ll make some real progress in cleaning up a state notorious for crooked elections.” Griffin responds in an email to Rove and Taylor: “I have discussed this issue with counsel’s office [the White House counsel’s office, headed by Harriet Miers]. I will raise with them again. Last time I spoke with them they were aware of the issue, and they seemed to be considering a change on their own. I will mention again unless I am instructed otherwise.” Twenty minutes later, Rove responds by telling Griffin, “Talk to the counsel’s office.” Griffin replies, “Done,” and adds a bit about setting up a meeting with someone unrelated to the Iglesias-Weh discussion. Rove responds, “Great.” He will later testify that he may have been responding to Griffin about the unrelated meeting. [US Department of Justice, Office of the Inspector General, 9/29/2008; US House of Representatives, Committee on the Judiciary, 6/15/2009 ; US House of Representatives, Committee on the Judiciary, 7/7/2009 ; US House of Representatives, Committee on the Judiciary, 7/30/2009 ] One of Weh’s Republican colleagues, lawyer Patrick Rogers, recommended that state and national Republicans use voter fraud as a “wedge issue” before the November 2004 elections, and has himself complained about Iglesias’s record on voter fraud investigations (see September 23 - October 2004).
Entity Tags: Karl C. Rove, David C. Iglesias, Allen Weh, Harriet E. Miers, J. Timothy Griffin, Sara Taylor, Pietro V. (“Pete”) Domenici, White House Office of Political Affairs, J. Scott Jennings, Republican National Committee, New Mexico Republican Party, Steve Bell
Timeline Tags: Civil Liberties
Deputy Attorney General James Comey delegates to Associate Deputy Attorney General David Margolis all authority to deal with the Patrick Fitzgerald investigation into the Valerie Plame Wilson identity leak. Comey writes to Margolis: “I delegate to you all of my authority as acting attorney general with respect to that investigation and Mr. Fitzgerald’s service as special counsel, as delineated in [earlier] correspondence [between Comey and Fitzgerald]. This delegation to you in no way retracts or modifies the scope of the prior delegations of authority to Mr. Fitzgerald.” [Office of the Deputy Attorney General, 8/12/2005 ]
Deputy Attorney General James Comey, who has already tendered his resignation, gives his farewell speech to an assemblage in the Justice Department. Comey makes what author and reporter Charlie Savage will later call “a cryptic reference to the fights over warrantless surveillance and torture issues that he had fought alongside [former Office of Legal Counsel chief Jack] Goldsmith and the other non-team players” (see Late 2003-2005 and June 17, 2004). Comey tells the assembled employees that, during his tenure, he had dealt with issues that “although of consequence almost beyond my imagination, were invisible because the subject matter demanded it.” In these disputes, he says he worked with people whose loyalty “to the law… would shock people who are cynical about Washington.” Those people, he says, “came to my office, or my home, or called my cell phone late at night, to quietly tell me when I was about to make a mistake; they were people committed to getting it right—and to doing the right thing—whatever the price. These people know who they are. Some of them did pay a price for their commitment to [do] right, but they wouldn’t have it any other way.” [US Department of Justice, 8/15/2005; Consortium News, 2/8/2006; Savage, 2007, pp. 199] Comey will later testify that one of the people he is referring to is former Justice Department lawyer Patrick Philbin. [Savage, 2007, pp. 199]
Mounir El Motassadeq is convicted in Germany of belonging to a terrorist organization and sentenced to seven years in prison. However, he is acquitted of involvement in the 9/11 plot. He had previously been convicted of such involvement (see February 18, 2003), only to have the ruling overturned later (see March 3, 2004). The verdict was overturned when a judge ruled he was unfairly denied testimony for al-Qaeda suspects in US custody such as Ramzi bin al-Shibh. For the retrial, the US provided summaries from the interrogation of bin al-Shibh and other suspects, but did not make full reports available to the court or allow the prisoners to appear in person for cross-examination. The judge presiding over the retrial criticized the US for failing to give more evidence, saying, “How are we supposed to do justice to our task when important documents are withheld from us?” [Associated Press, 8/19/2005] A former roommate of El Motassadeq testified that Mohamed Atta and bin al-Shibh regularly visited El Motassadeq, and he once overheard him say: “We are going to something big. He said, ‘The Jews will burn; we will dance on their graves.’” [Associated Press, 6/5/2005] However, a 9/11 Commission investigator gave testimony that was very damaging to the prosecution’s argument that the Hamburg cell had a significant role in preparing the plot while in Germany (see March 8, 2005).
Angry community members in Smyrna and Ashland City, Tennessee, chase protesters from the virulently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After), which has recently announced its intention to protest at the funerals of soldiers killed in Iraq and Afghanistan (see June 2005 and After). The WBC says God is punishing America for tolerating homosexuality by killing its soldiers in war, and its protests are designed to highlight that assertion. About 10 WBC members picket near the funerals of Staff Sergeant Asbury Fred Hawn II and Specialist Gary Reese Jr. Both were members of the Tennessee National Guard. Local residents have little sympathy for the WBC position; many chase the protesters’ cars down a highway, waving flags and shouting, “God bless America.” Local resident Connie Ditmore tells a reporter: “My husband is over there, so I’m here to show my support. To do this at a funeral is disrespectful of a family, no matter what your beliefs are.” The 10 WBC protesters are countered by hundreds of local residents, including many family members of other soldiers serving overseas. Sheriff’s deputies and state troopers are on hand to protect the protesters. As counter-demonstrators shout, “Get out of our town!” and “Get out of our country!” resident Danny Cotton says: “If they were protesting the government, I might even join them. But for them to come during the worst time for this family—it’s just wrong.” [Associated Press, 8/27/2005]
Iraq’s presidential council endorses the final draft of Iraq’s permanent constitution and sends it to the National Assembly. The constitution will be subjected to a referendum vote on October 15 (see October 15, 2005). While the proposed constitution is supported by the Kurdish and Shiite members of the council, the document is bitterly opposed by representatives of the Sunni Arabs, the ethnic Turkomen of northern Iraq, Christians, secular groups, and women. [New York Times, 8/29/2005]
The second article of the constitution declares that Islam is the official state religion, and that it will be regarded as “a main source of legislation.” It also states that “no law can be passed that contradicts the undisputed rules of Islam.” Clerics, therefore, would likely sit on the Supreme Court and would have a role in presiding over family disputes like marriage, divorce, and inheritance. The provision is considered an affront to women’s rights since most interpretations of Islamic law afford women substantially fewer rights than men. [New York Times, 8/29/2005; Associated Press, 10/12/2005]
Article 25 states that the Iraqi government “shall guarantee the reforming of the Iraqi economy according to modern economic bases, in a way that ensures complete investment of its resources, diversifying its sources and encouraging and developing the private sector.” [Associated Press, 10/12/2005] It marks a significant departure in economic policy from the Baathist government, whose constitution stated that “national resources and basic means of production are owned by the people.” [Constitution of Iraq, 1968]
Article 110, which deals with oil policy, states: “The federal government and the governments of the producing regions and provinces together will draw up the necessary strategic policies to develop oil and gas wealth to bring the greatest benefit for the Iraqi people, relying on the most modern techniques of market principles and encouraging investment.” Observers note that, while this section states that both the federal government and the regional governments will work together, a subsequent clause appears to contradict this. That clause states: “All that is not written in the exclusive powers of the federal authorities is in the authority of the regions. In other powers shared between the federal government and the regions, the priority will be given to the region’s law in case of dispute.” [Associated Press, 10/12/2005]
Article 115 of the constitution would make it possible for provinces to organize themselves as semi-autonomous federal regions, with their own distinct laws. This means, for example, that regions would be able to negotiate contracts with oil companies on their own and exercise control over a bulk of the oil revenue. [Muttitt, 2005] However, the precise division of authority between the central government and any regional governments is not clearly stated in the document. “All that is not written in the exclusive powers of the federal authorities is in the authority of the regions,” the document says. “In other powers shared between the federal government and the regions, the priority will be given to the region’s law in case of dispute.” Most of Iraq’s oil is located in either the Kurdish northern region or the Shiite-dominated south. The Sunnis, who have ruled Iraq almost without interruption since 1920 and whose communities lie predominantly in the resource-poor provinces of central and western Iraq, are opposed to this federalist political structure. [Associated Press, 10/12/2005]
The final draft of the constitution is missing an article that had appeared in an earlier draft declaring that it is “forbidden for Iraq to be used as a base or corridor for foreign troops” or “to have foreign military bases in Iraq.” [Asia Times, 10/15/2005]
Kyle Sampson, the deputy chief of staff for Attorney General Alberto Gonzales (see February 15, 2005), asks Acting Principal Deputy Associate Attorney General William Mercer for his opinion on the performance of a number of US Attorneys. (Mercer is also a US Attorney.) Mercer will later state that Sampson does not say that there is a plan to fire some of the Attorneys (see November 2004, November 4, 2004, Late December 2004, January 6, 2005, January 9, 2005, March 2, 2005, and March 23, 2005), but Mercer understands that such is Sampson’s purpose in asking his opinion. Sampson says that changes might be made in certain districts with productivity problems or policy compliance issues. Mercer will later recall discussing issues with US Attorney Carol Lam’s immigration records (see February 2, 2004, July 30, 2004, and September 23, 2005), and will recall discussions about US Attorney Kevin Ryan as well. Mercer will say he and Sampson may discuss other Attorneys as well, but will state he cannot recall who those Attorneys might be. Mercer gets the sense that Sampson is speaking with other people about the issue, but does not know who those people might be. Mercer will say that he and Sampson do not discuss the issue again until December 2006, when the firing plan is activated (see December 7, 2006). [US Department of Justice, Office of the Inspector General, 9/29/2008]
Supreme Court Chief Justice William Rehnquist (see September 26, 1986), 80, dies after a ten-month battle with thyroid cancer. He will be replaced by John Roberts (see September 29, 2005), who formerly clerked for him. Rehnquist’s term as Chief Justice marked a “sea change” in the direction of the Court. Former Clinton solicitor general Walter Dellinger says: “It is quite clear that there are three dominant chief justices of American history, and they are John Marshall, Earl Warren, and William H. Rehnquist. I think that there’s just no question that he’s of enormous historical importance.” Conservative law professor and former Reagan Justice Department official Douglas Kmiec, a co-founder of the Federalist Society, says that Rehnquist presided over a “sea change” in the Court, taking it sharply to the right. [National Public Radio, 7/20/2005; Legal Times, 9/5/2005; Dean, 2007, pp. 129-137]
Special counsel Patrick Fitzgerald writes a letter to Joseph Tate, one of the lawyers representing White House aide Lewis Libby. Fitzgerald wants to clarify any potential misunderstandings regarding Libby’s possible release of reporter Judith Miller from their understanding of confidentiality. Miller is currently serving an indefinite jail sentence over her refusal to testify before Fitzgerald’s grand jury about her conversations with Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Fitzgerald cites media accounts that indicate there may be misunderstanding between the parties; he affirms that any communication from Libby to Miller granting Miller a confidentiality waiver would be voluntary, and would not be construed as obstruction. [Office of Special Counsel, 9/12/2005 ] Three days later, Libby releases Miller from her confidentiality pledge (see September 15, 2005).
Lewis “Scooter” Libby, the chief of staff for Vice President Dick Cheney, writes jailed reporter Judith Miller (see July 6, 2005) a chatty two-page letter that asserts he had wanted her to testify about their conversations all along. Miller is jailed pending her reversal of a decision not to reveal Libby as a confidential source; Libby had told Miller that former ambassador Joseph Wilson’s wife Valerie Plame Wilson was a CIA agent (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Libby’s letter comes after rounds of intensive negotiations between his lawyers, Miller’s lawyer Robert Bennett, and special counsel Patrick Fitzgerald. Libby says that he is glad to grant Miller a waiver of confidentiality which will allow her to testify about their conversations (see September 12, 2005), and says that a year earlier his lawyer had assured her lawyer that he had then waived confidentiality (see January 2-5, 2004). He reassures her that his decision to waive confidentiality is completely voluntary, and says he will actually be “better off” if she testifies. In conclusion, Libby writes: “You went into jail in the summer. It is fall now. You will have stories to cover—Iraqi elections and suicide bombers, biological threats and the Iranian nuclear program. Out West, where you vacation, the aspens will be turning. They turn in clusters, because their roots connect them. Come back to work—and life.” [Libby, 9/15/2005 ; New York Times, 9/29/2005] Miller will deny any hidden meaning in Libby’s last few lines, and deny to Fitzgerald that Libby attempted to “shape” her testimony in any way through the letter. [New York Times, 10/16/2005] Bennett will say he does not believe that Libby was trying to influence Miller’s testimony, but knew as soon as he read his letter that it would “be trouble” for her. “I know that the letter bothered [Judy] and it bothered me,” Bennett says. “She might be soon testifying, and a prosecutor might construe that as an attempt to influence her testimony. It was more probably just sort of a dumb thing to put in a letter.” Bennett will add: “I think it is important that Judy was protecting a source in terms of source confidentiality and the journalistic privilege. She was not protecting a source to prevent someone from going to jail. The letter just didn’t help matters.” [National Journal, 10/18/2005]
Nineteen US Representatives, headed by Lamar Smith (R-TX) and Darrell Issa (R-CA), send a letter to President Bush warning of a “crisis along the Southwest border” of the nation “that needs immediate attention.” Smith and his fellow signatories complain that “coyotes,” or criminals who smuggle illegal immigrants across the border in attempts to avoid immigration procedures and the US Border Patrol, constitute a grave threat to national security. Smith references the case of Antonio Amparo-Lopez, a “coyote” whom, after being arrested, was let go by Carol Lam, the US Attorney in Southern California (see February 2, 2004 and July 30, 2004). Lam and other Justice Department officials have cited a severe lack of resources in their decisions not to prosecute low-level alleged criminals such as Amparo-Lopez. The signatories ask Bush to “dedicate additional resources and direct US Attorneys in the Southwest region to make the prosecution of human smugglers a priority.” Representative Randall “Duke” Cunningham is one of the signatories; he is under investigation by Lam’s office for corruption. Six weeks later, the Justice Department’s Office of Legislative Affairs sends what conservative columnist Byron York will call “a brush-off letter” in response. [US Department of Justice, 3/23/2007 ; National Review, 3/28/2007]
Senator Pete Domenici (R-NM) contacts Attorney General Alberto Gonzales (see February 14, 2005), by conference call, to complain about the “job performance” of New Mexico’s US Attorney, David Iglesias (see October 18, 2001). Meeting participants include Domenici, Gonzales’s deputy chief of staff Kyle Sampson, and Assistant Attorney General William Moschella. According to Moschella’s day planner, Gonzales will call Domenici, apparently after the telephone call. Domenici cites “public corruption cases” as part of his concerns with Iglesias’s performance. [US Department of Justice, 3/13/2007 ; US Department of Justice, 3/23/2007 ; US Department of Justice, Office of the Inspector General, 9/29/2008; Talking Points Memo, 2011] It is not known if previous complaints regarding Iglesias from New Mexico’s Republican Party chairman Allen Weh (see May 6, 2005 and After) are part of the reason why Domenici is complaining about Iglesias. Domenici has received at least one complaint Weh sent to the White House (see August 9, 2005).
A Spanish court sentences a number of people to prison for connections to al-Qaeda. The main defendant, Imad Eddin Barakat Yarkas, is convicted of leading an al-Qaeda cell in Madrid and conspiring to commit the 9/11 attacks by hosting a meeting in Spain in July 2001 attended by Mohamed Atta, Ramzi bin al-Shibh, and others (see July 8-19, 2001). He is sentenced to 27 years in prison. [New York Times, 9/27/2005] However, in 2006, Spain’s supreme court will overturn his 9/11 conspiracy conviction, after prosecutors reverse themselves and ask that the conviction be dismissed. One of the reasons for the dismissal is that the US, which possesses evidence supporting the convictions, is reluctant to provide it (see Mid-2002-June 1, 2006). This will leave Zacarias Moussaoui the only person in the world jailed for a role in the 9/11 attacks. Yarkas will still have to serve a 12-year sentence for leading an al-Qaeda cell. [London Times, 6/1/2006] Seventeen men besides Yarkas, mostly Syrians, are also found guilty and are given sentences of six to eleven years. One of these is Tayseer Allouni, a correspondent for the Al Jazeera satellite network. He is convicted of giving $4,500 to a family of Syrian exiles in Afghanistan. The prosecutor alleged the family were al-Qaeda operatives, while Allouni argued he gave the money for humanitarian reasons. Two others, a Moroccan named Driss Chebli and a Syrian named Ghasoub al-Abrash Ghalyoun, were acquitted of being involved in the 9/11 plot, but Chebli was convicted of collaborating with a terrorist group. Ghalyoun was accused of videotaping the World Trade Center and other American landmarks in 1997 for the 9/11 plotters, but he claimed he was just a tourist (see 1998). [New York Times, 9/27/2005; Washington Post, 9/27/2005; Financial Times, 9/27/2005]
Conservative radio host and former Secretary of Education William Bennett is castigated by both liberals and conservatives for his statement that aborting all black children would lower the US crime rate (see September 28-October 1, 2005). President Bush’s press secretary, Scott McClellan, tells reporters that Bush “believes the comments were not appropriate,” though he does not actually condemn Bennett’s words, as requested by House Minority Leader Nancy Pelosi (D-CA). Pelosi says: “What could possibly have possessed Secretary Bennett to say those words, especially at this time? What could he possibly have been thinking? This is what is so alarming about his words.” Senate Minority Leader Harry Reid (D-NV) says he is “appalled” by Bennett’s remarks. “The Republican Party has recently taken great pains to reach out to the African-American community, and I hope that they will be swift in condemning Mr. Bennett’s comments as nothing short of callous and ignorant,” he adds. Representative Bobby Rush (D-IL), an African-American, says, “This is precisely the kind of insensitive, hurtful, and ignorant rhetoric that Americans have grown tired of.” Rush asks “my friends, the responsible Republicans” to pass a House resolution condemning Bennett’s remarks as “outrageous racism of the most bigoted and ignorant kind.” He asks: “Where is the indignation from the GOP, as one of their prominent members talk about aborting an entire race of Americans as a way of ridding this country of crime? How ridiculous! How asinine! How insane can one be?” Instead, Rush calls for the “aborting” of Republican policies, “which have hurt the disadvantaged, the poor average Americans for the benefit of large corporations.” Bruce Gordon, president of the National Association for the Advancement of Colored People (NAACP), says Bennett and his employer, the Salem Radio Network, owe the nation an apology. “In 2005, there is no place for the kind of racist statement made by Bennett,” he says in a statement. “While the entire nation is trying to help survivors, black and white, to recover from the damage caused by Hurricanes Katrina and Rita, it is unconscionable for Bennett to make such ignorant and insensitive comments.” [CNN, 9/30/2005]
Ignorance, Stereotyping Blacks as Born Criminals - In a press release, Howard Dean, the chairman of the Democratic National Committee (DNC), says: “Are these the values of the Republican Party and its conservative allies? If not, President Bush, Ken Mehlman [Dean’s Republican counterpart], and the Republican Leadership should denounce them immediately as hateful, divisive, and worthy only of scorn. This kind of statement is hardly compassionate conservatism; rather, Bennett’s comments demonstrate a reprehensible racial insensitivity and ignorance. Bill Bennett’s hateful, inflammatory remarks regarding African Americans are simply inexcusable. They are particularly unacceptable from a leader in the conservative movement and former secretary of education, once charged with the well-being of every American school child. He should apologize immediately. As Americans, we should focus on the virtues that bring us together, not hatred that tears us apart and unjustly scapegoats fellow Americans.” [Democratic National Committee, 9/29/2005] Senator Patrick Leahy (D-VT), says: “I’m not even going to comment on something that disgusting. Really, I’m thinking of my black grandchild and I’m going to hold [off].” [ABC News, 9/29/2005] The Reverend Jesse Jackson, a former Democratic presidential candidate and former associate of civil rights leader Dr. Martin Luther King, says: “Republicans, Democrats, and all Americans of goodwill should denounce this statement, should distance themselves from Mr. Bennett. And the private sector should not support Mr. Bennett’s radio show or his comments on the air.” [Guardian, 10/1/2005]
Civil Rights Leader: Bennett's Show Should be Canceled - Wade Henderson, the executive director of the Leadership Conference on Civil Rights, says an apology is insufficient; Bennett’s radio program should be canceled. Referring to inaccurate news reports that blacks were responsible for a “crime wave” in New Orleans in the aftermath of Hurricane Katrina, Henderson says, “I think African-Americans are certainly tired of being stereotyped as being responsible for the majority of crime in American society when the facts simply don’t bear that assumption out.” [CBS News, 9/30/2005]
Entity Tags: Leadership Conference on Civil Rights, Harry Reid, George W. Bush, Bruce Gordon, Bobby Lee Rush, Howard Dean, Ken Mehlman, William J. Bennett, Jesse Jackson, Salem Radio Network, Patrick J. Leahy, Wade Henderson, National Association for the Advancement of Colored People, Nancy Pelosi, Scott McClellan
Timeline Tags: Domestic Propaganda
New York Times reporter Judith Miller is released from jail after agreeing to comply with a subpoena from the grand jury investigating the Valerie Plame Wilson identity leak (see July 6, 2005). According to Miller, the person who told her of Plame Wilson’s covert identity, former vice-presidential chief of staff Lewis “Scooter” Libby, “voluntarily and personally released me from my promise of confidentiality” (see September 15, 2005 and October 28, 2005). [Washington Post, 7/3/2007] Libby’s lawyer Joseph Tate says that his client released Miller from her confidentiality agreement over a year ago, and that he was surprised to learn that Miller and her lawyer, Robert Bennett, did not know that she was free to testify. “We told her lawyers it [Libby’s original waiver] was not coerced,” Tate says. “We are surprised to learn we had anything to do with her incarceration” (see September 12, 2005). [Washington Post, 9/30/2009] Times publisher Arthur Sulzberger says: “Judy has been unwavering in her commitment to protect the confidentiality of her source. We are very pleased that she has finally received a direct and uncoerced waiver, both by phone and in writing, releasing her from any claim of confidentiality and enabling her to testify.” Miller adds: “I went to jail to preserve the time-honored principle that a journalist must respect a promise not to reveal the identity of a confidential source. I chose to take the consequences—85 days in prison—rather than violate that promise. The principle was more important to uphold than my personal freedom.” [New York Times, 9/29/2005] In preparation for her upcoming testimony (see September 30, 2005), Sulzberger and Times executive editor Bill Keller take Miller from jail to have a massage, a manicure, a martini, and a steak dinner before she goes home to sleep in her own bed. [New York Times, 10/16/2005]
A day before New York Times reporter Judith Miller is scheduled to testify before the grand jury investigating the Plame Wilson identity leak (see September 30, 2005), Miller’s attorney, Floyd Abrams, writes a letter to Lewis Libby’s attorney, Joseph Tate, alleging that Tate had repeatedly made comments to him that may have been intended to discourage Miller from testifying. Miller is expected to provide testimony that will contradict Libby, the former chief of staff to Vice President Dick Cheney, who has testified that he never provided Valerie Plame Wilson’s identity as a CIA agent to Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Miller was concerned that Libby would not provide her with a specific waiver of confidentiality, without which she was unwilling to testify. Libby had signed a general waiver provided by special counsel Patrick Fitzgerald, but Miller did not consider that as enough of a release from her obligation to protect him, her source. Miller has said that she spent 85 days in jail (see July 6, 2005) because Tate told her that the general waiver was not given freely. Libby provided her with a specific waiver two weeks ago (see September 15, 2005). Abrams writes that Tate told him that the general waiver was “by its nature coerced and had been required as a condition for Mr. Libby’s continued employment at the White House.” Abrams writes in part: “In our [various] conversations… you did not say that Mr. Libby’s waiver was uncoerced. In fact, you said quite the opposite. You told me that the signed waiver was by its nature coerced and had been required as a condition for Mr. Libby’s continued employment at the White House. You compared the coercion to that inherent in the effective bar imposed upon the White House employees asserting the Fifth Amendment. A failure by your client to sign the written waiver, you explained, like any assertion of your client of the Fifth Amendment, would result in his dismissal. You persuasively mocked the notion that any waiver signed under such circumstances could be deemed voluntary.” Tate says that Abrams’s claims are “outrageous” and “factually incorrect,” and that neither he nor Libby has said or done anything to discourage Miller from testifying or to influence any testimony she might give. Abrams says that Tate provided him with some information from Libby’s previous testimony to the grand jury (see March 5, 2004 and March 24, 2004), and attempted to find out from him what Miller might testify to. He says he refused to provide Tate with any such information. Miller has also written that Tate expressely asked her not to “go there” when she refused to say that her testimony would exonerate Libby, but other sources have said Tate did not say anything of that nature to her. [National Journal, 10/18/2005]
John Roberts. [Source: In These Times]John Roberts is approved by the Senate to become the new chief justice of the US Supreme Court, replacing the recently deceased William Rehnquist (see September 5, 2005). Roberts, who once clerked for Rehnquist while Rehnquist was an associate justice, also served in the Reagan Justice Department and as an associate counsel to then-President Reagan. He was deputy solicitor general in the first Bush administration. George W. Bush appointed him to the DC Circuit Court in 2001. [White House, 9/29/2005] Roberts was originally nominated to succeed the retiring Sandra Day O’Connor, but when Rehnquist died, Bush quickly withdrew the nomination for associate justice and refiled Roberts’s name for chief justice.
Characteristics and History - Roberts appeals to conservatives for a number of reasons; he has a powerful legal intellect, is soft-spoken, personable, and telegenic, and has not been outspoken about his views on issues like abortion and the right to privacy. Law professor Stephen Wermiel, who knows Roberts well, said in July that Roberts is not “somebody who… comes off as gruff or overbearing, which some people will recall was a factor in the [Robert] Bork hearings in 1987” (see July 1-October 23, 1987). Wermiel called Roberts’s nomination “a stroke of brilliance on the White House’s part.” One area of controversy surrounds Roberts’s work with Governor Jeb Bush of Florida during the bitterly contested 2000 presidential election, where Roberts helped construct the strategies used in the Bush v. Gore case that awarded George W. Bush the presidency. Another is Roberts’s membership in the Federalist Society, an organization of conservative activist judges, lawyers, and legal thinkers. A third is his advocacy, during his time with the first Bush administration, for scrapping decades of law providing for the separation of church and state in order to allow prayer in public schools. [National Public Radio, 7/20/2005] Four days before President Bush nominated him to the Court, Roberts voted in favor of upholding the Bush administration’s assertions about its wartime powers in the case of Hamdan v. Rumsfeld (see June 30, 2006), ruling that Bush need not consult Congress before setting up military commissions, and ruling that Bush is not bound by the strictures of the Geneva Convention. Liberals are unhappy with his stance against abortion, his representation as a private attorney of corporate mining interests seeking to dodge environmental regulations and of businesses trying to evade affirmative action requirements, as well as his attempts to curb environmentalists’ efforts to save endangered species. In 2007, reporter Charlie Savage will write that while progressives and liberals busily attacked Roberts for his positions on various “hot-button” issues, “[a]lmost lost amid the hubbub was” Roberts’s “unwavering commitment to the [expansion of] presidential power,” dating back to his 1980-81 clerkship under Rehnquist and his tenure as a White House lawyer under Ronald Reagan (see June-July 1983, October 1983, February 13, 1984, and May 16, 1984). [Savage, 2007, pp. 251-255]
Quick Confirmation - The Senate agreed to expedite Roberts’s confirmation process in order to allow him to preside over the next session of the Supreme Court in October, and so gave its members little time to peruse his record. Roberts sailed through the Senate Judiciary Committee hearings, and is confirmed by a 78-22 vote. Roberts hit a brief snag when he divulged that he had met with Attorney General Alberto Gonzales just six days before hearing oral arguments in the Hamdan case, had met with Vice President Cheney and a select coterie of top White House officials while considering his verdict, and had met with Bush for the president’s final approval on the Court nomination the same day that he handed down his favorable ruling. Though 22 Democrats vote against his confirmation, because Roberts’s ascension to the Court does not change the ideological balance among the nine justices (Roberts is replacing the equally conservative Rehnquist), Senate Democrats decided not to filibuster his nomination. [Dean, 2007, pp. 154-155; Savage, 2007, pp. 252]
The Washington Post publishes an article, written by Susan Schmidt and Jim VanderHei, that reveals details of White House official Lewis Libby’s conversations with New York Times reporter Judith Miller (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003). Miller has just been released from jail (see September 29, 2005) after receiving a confidentiality waiver from Libby (see September 15, 2005). The details of the Libby-Miller conversations come from a source the reporters call “familiar with Libby’s account of his conversations with Miller in July 2003.” According to the source, Libby told Miller he heard that former ambassador Joseph Wilson’s wife, Valerie Plame Wilson, “had something to do with sending him” to Niger (see February 21, 2002-March 4, 2002), “but he did not know who she was or where she worked, the source said.” The reporters then write that during his second conversation with Miller, Libby said he had learned that Plame Wilson “had a role in sending him on the trip and that she worked for the CIA. Libby never knew Plame’s name or that she was a covert operative, the source said.” The source also told the reporters that Libby never spoke with columnist Robert Novak about Plame Wilson (see July 14, 2003). [Washington Post, 9/30/2009] The source “familiar with Libby’s” testimony was repeating the same falsehoods that Libby told the Plame Wilson grand jury (see March 5, 2004 and March 24, 2004). Miller will testify that in their first conversation, Libby told her that Wilson’s wife worked for the CIA’s Weapons, Intelligence, Non-Proliferation, and Arms Control office (see September 30, 2005, October 7, 2005, and October 12, 2005). [National Journal, 10/18/2005] Author and blogger Marcy Wheeler will later write that she believes Libby used the Post story to attempt to “coach” Miller’s testimony. Both Wheeler and reporter Murray Waas will note that the same anonymous source quoted in the Schmidt/VandeHei story attempted, and failed, to get articles based on the same information published in two other newspapers. Waas will write: “Journalists at two news organizations declined to publish stories. Among their concerns was that they had only a single source for the story and that that source had such a strong bias on behalf of Libby that the account of his grand jury testimony might possibly be incomplete or misleading in some way. But more important were concerns that a leak of an account of Libby’s grand jury testimony, on the eve of Miller’s own testimony, might be an effort—using the media—to let Miller know what Libby had said, if she wanted to give testimony beneficial to him, or similar to his. (There is no evidence that Miller did not testify truthfully to the grand jury.)” Wheeler accuses Schmidt of being Libby’s “stenographer,” a reporter all too willing to publish whatever a person wishes without investigating the possible motives behind the provision of the information. Wheeler also believes Libby may have attempted to coach or influence Miller’s testimony in his letter releasing the reporter from their confidentiality agreement (see September 15, 2005). [National Journal, 10/18/2005; Marcy Wheeler, 11/3/2005] The Schmidt/VandeHei article is dated September 30, but appears on the Post’s Web site on September 29, well before Miller’s testimony. [National Journal, 10/18/2005]
Columnist Bob Herbert accuses Bennett of ‘racial effrontery.’ [Source: Louisville Courier-Journal]William Bennett, the conservative radio host who is facing heavy criticism for suggesting that aborting black children would lower the US crime rate (see September 28-October 1, 2005 and September 29-30, 2005), defends his position by saying: “I was putting forward a hypothetical proposition. Put that forward. Examined it. And then said about it that it’s morally reprehensible. To recommend abortion of an entire group of people in order to lower your crime rate is morally reprehensible. But this is what happens when you argue that the ends can justify the means.… I’m not racist, and I’ll put my record up against theirs,” he says, referring to leading Democrat Nancy Pelosi and other critics. “I’ve been a champion of the real civil rights issue of our times—equal educational opportunities for kids. We’ve got to have candor and talk about these things while we reject wild hypotheses,” Bennett says. “I don’t think people have the right to be angry, if they look at the whole thing. But if they get a selective part of my comment, I can see why they would be angry. If somebody thought I was advocating that, they ought to be angry. I would be angry. But that’s not what I advocate.” Bennett says he owes no one an apology: “I don’t think I do. I think people who misrepresented my view owe me an apology.” [CNN, 9/30/2005]
Says Topics of Race and Crime Cannot Be off-Limits - Later, he continues to defend his remarks, saying, “It would have worked for, you know, single-parent moms; it would have worked for male babies, black babies.” Asked why he would bring the subject up at all, Bennett says: “There was a lot of discussion about race and crime in New Orleans. There was discussion—a lot of it wrong—but nevertheless, media jumping on stories about looting and shooting, and roving gangs and so on. There’s no question this is on our minds.… What I do on our show is talk about things that people are thinking… we don’t hesitate to talk about things that are touchy. I’m sorry if people are hurt, I really am. But we can’t say this is an area of American life [and] public policy that we’re not allowed to talk about—race and crime.” [ABC News, 9/29/2005; Guardian, 10/1/2005]
Feeding Perception that Republicans are Racist - Robert George, a black conservative editorial writer for the New York Post, agrees that Bennett did not mean his remarks as racist. But, he says, he worries that Bennett is feeding the perception that Republicans are racist. “His overall point about not making broad sociological claims and so forth, that was a legitimate point,” George says. “But it seems to me someone with Bennett’s intelligence… should know better the impact of his words and sort of thinking these things through before he speaks.” [ABC News, 9/29/2005] Bob Herbert, a black progressive columnist for the New York Times, later says he was unsurprised by Bennett’s remarks: “I’ve come to expect racial effrontery from big shots in the Republican Party. The GOP has happily replaced the Democratic Party as a safe haven for bigotry, racially divisive tactics and strategies, and outright anti-black policies. That someone who’s been a stalwart of that outfit might muse publicly about the potential benefits of exterminating blacks is not surprising to me at all.… Bill Bennett’s musings about the extermination of blacks in America (it would be ‘impossible, ridiculous, morally reprehensible’) is all of a piece with a Republican Party philosophy that is endlessly insulting to black people and overwhelmingly hostile to their interests.” [New York Times, 10/6/2005]
Judith Miller speaks to reporters outside the courtroom. [Source: Luke Frazza / Agence France-Presse / Getty Images]New York Times reporter Judith Miller, who yesterday was released from jail after agreeing to testify before the grand jury investigating the Valerie Plame Wilson identity leak (see September 29, 2005), testifies before that jury. [Washington Post, 7/3/2007] In some respects Miller’s testimony is less than enlightening. She admits that Lewis Libby was the source that she was protecting (see September 15, 2005), but says that she doesn’t believe Libby told her Plame Wilson’s name. In the same notebook Miller used to take notes from her conversations with Libby (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003), Miller wrote “Valerie Flame,” an apparent misspelling. Asked why that name appears in the notebook alongside the notes from her conversations with Libby, Miller equivocates, saying she doesn’t believe she heard the name from Libby. She will later write of her testimony, “I said I believed the information came from another source, whom I could not recall.” As a side note, the Times only now reveals Libby as Miller’s source, though other news outlets have already identified Libby. [New York Times, 10/16/2005] Miller testifies that she does not recall her first meeting with Libby, which took place June 23. She will change her testimony (see October 7, 2005 and October 12, 2005) after prosecutor Patrick Fitzgerald shows her Secret Service logs showing that she had met with Libby in the Executive Office Building. [National Journal, 10/20/2005] This memory lapse is consistent with theories that Miller may be attempting to protect Libby by failing to testify about that first meeting, where Libby informed Miller that Plame Wilson was a CIA official working in the Weapons, Intelligence, Non-Proliferation, and Arms Control office (see September 29-30, 2005). Miller also testifies that Libby saw the media’s reporting of the Iraq-Niger story as the product of “selective leaking” by the CIA. The purpose of the CIA leaks, Miller says Libby believed, was to protect the agency if no WMD were found in Iraq. [Roberts, 2008, pp. 151]
Three war contractors for KBR, the firm supplying logistical support for US troops in Iraq and Kuwait, meet in a quiet lounge in London’s Cumberland Hotel. The three men are unaware that federal agents are tailing them. They spend the afternoon drinking and discussing the various bribes they have accepted as kickbacks as a routine part of doing business. KBR procurement manager Stephen Seamans, who, unbeknownst to his colleagues, is wearing a wire for the FBI, wonders whether or not he should return $65,000 in bribes his two fellows, executives from the Saudi conglomerate Tamimi Global Co, gave him. One of the two executives, Tamimi operations director Shabbir Khan, tells him to conceal the money by falsifying business records. “Just do the paperwork,” Khan advises. This and other information about KBR war profiteering in Iraq comes from a federal investigation that will begin in late 2007 (see October 2006 and Beyond). [Chicago Tribune, 2/20/2008; Chicago Tribune, 2/21/2008]
Representative Jane Harman (D-CA) is recorded telling a suspected Israeli agent that she would intervene with the Justice Department to try to get charges against two Israeli lobbyists reduced. In return, the Israeli agent promises to help Harman secure the chairmanship of the House Intelligence Committee. The Israeli agent will remain unidentified; the two lobbyists, Steve Rosen and Keith Weissman, are charged with espionage after they allegedly passed along classified information to the American Israel Public Affairs Committee (AIPAC—see April 13, 1999-2004). The conversation between Harman and the Israeli agent is recorded on an wiretap, reportedly by the NSA, mounted as part of a federal investigation into AIPAC’s potential espionage operations against the US (see October 5, 2005). According to transcripts of the wiretapped conversation, Harman agrees to “waddle into” the AIPAC case “if you think it’ll make a difference.” The Israeli agent asks Harman if she could speak with Attorney General Alberto Gonzales on Rosen’s and Weissman’s behalf. Harman replies that Gonzales might not cooperate, because he “just follows White House orders,” but other officials might be more pliable. In return, the Israeli agent promises to contact House Minority Leader Nancy Pelosi (D-CA) and attempt to persuade her to name Harman as chairwoman of the Intelligence Committee if the Democrats win control of the House in the November 2006 elections. Harman tells the agent, “This conversation doesn’t exist,” and hangs up. The contents of the conversation will later be confirmed by three separate sources, including two former senior national security officials. [Congressional Quarterly, 4/19/2009] Reporter Marc Ambinder will later write that Harman’s conversation may have been recorded by the FBI, and not the NSA, as part of the its investigation into Rosen and Weissman. [Atlantic Monthly, 4/20/2009]
In an essay for the Virginia Law Review entitled “Liberalism, Torture, and the Ticking Bomb,” Georgetown law professor David Luban dismantles the familiar argument that torture of a detainee might be necessary to stop the so-called “ticking bomb scenario.” Author and former White House counsel John Dean, who quotes Luban in his 2006 book Conservatives Without Conscience, will describe the scenario and its ramifications thusly: “A nuclear bomb has been planted in the heart of a major American city and authorities have in custody a person who knows where it is located. To save possibly millions of lives, would it not be justified to torture this individual to get the necessary information to stop it? Absolutely. Is not this lesser evil justified? Of course it is. And this argument is a wonderful means to comfort those who have moral problems with torture. Its beauty is that once you concede there are circumstances in which torture might be justified, morally and legally… you are on the other side of the line. You’ve joined the torture crowd. To paraphrase [George W.] Bush, you’ve joined the evildoers.” Dean calls it “a bogus argument, a rhetorical device. It is seductively simple, and compellingly logical. But it is also pure fantasy.” The likelihood of such conditions are extremely remote, Dean writes, on the order of a giant meteor striking the Earth. Dean will cite Luban’s arguments as counters to the scenario. Luban writes, “[T]here are certain situations so monstrous that the idea that the processes of moral rationality could yield an answer in them is insane… to spend time thinking what one would decide if one were in such a situation is also insane, if not actually frivolous.” Luban notes that Senator John McCain (R-AZ), himself a victim of torture during the Vietnam War (see October 1, 2005 and November 21, 2005), “has said that ultimately the debate is over who we are. We will never figure that out until we stop talking about ticking bombs, and stop playing games with words.” [Dean, 2006, pp. 165]
Steven Biskupic. [Source: Urban Milwaukee (.com)]US Attorney Steven M. Biskupic of Wisconsin investigates allegations that a travel firm used its influence with Governor Jim Doyle (D-WI) to improperly land a government contract (see October 19, 2005). Doyle denies any involvement with the affair and refuses to reopen bidding on the contract, saying the contract with Adelman Travel was awarded properly. Doyle also refuses to return $20,000 in donations from Adelman CEO Craig Adelman and board member Mitchell Fromstein, a decision Jay Heck of the liberal organization Common Cause says is a mistake: “You should always return money that’s in question because the longer you hang onto it, the worse it’s going to be.” Heck says transparency proposals by Doyle’s Republican opponents, Milwaukee County Executive Scott Walker (R-WI) and US Representative Mark Green (R-WI), would be of no real use. Furthermore, Heck notes, both Walker and Green have taken money from special interests along with Doyle. “All of them are taking money that at some point will compromise public policy because they have to raise so much of it and it almost all comes from special interests and it all comes with strings attached,” he says. Green accepted almost $54,000 in donations from health care insurers and pharmaceutical interests before voting for a controversial, industry-supported Medicare prescription drug benefit in 2003. [Milwaukee Journal-Sentinel, 10/21/2005]
US Attorneys David Iglesias of New Mexico and Steven M. Biskupic of Wisconsin are chosen by the Justice Department to teach other federal prosecutors how to pursue voter fraud and other election crimes at a symposium hosted by the department’s public integrity and civil rights sections. The symposium is attended by over 100 prosecutors from around the country. Iglesias will later say that he and Biskupic were chosen because they are the only two US Attorneys to have created task forces to examine allegations of voter fraud in the 2004 elections (see September 7 - October 6, 2004 and Early 2005). The two-day seminar features a luncheon speech by Attorney General Alberto Gonzales. [Washington Post, 3/19/2007]
Senator John McCain (R-AZ), an ardent opponent of torture by US officials (see November 21, 2005), continues to press an amendment to a $440 billion defense appropriations bill that prohibits cruel, inhuman, and degrading treatment of prisoners held in US captivity (see July 24, 2005 and After). The bill also posits the US Army Field Manual as the uniform standard for interrogations by any Defense Department personnel. The Field Manual is being revised, and Pentagon sources have claimed the revisions will include a section on the importance of following the Geneva Conventions. The amendment is facing stiff opposition from the White House, which asserts that it would encroach on the power of the president as the commander in chief, and would threaten national security by reducing the ability of military interrogators to obtain critical intelligence from prisoners. On the floor of the Senate, McCain reads a letter from former Secretary of State Colin Powell, who had opposed Vice President Cheney on the issue of torture. Powell writes: “Our troops need to hear from Congress. The world will note that America is making a clear statement with respect to the expected future behavior of our soldiers.” McCain himself calls the White House’s legal theories on torture “strange,” and warns that enemies could use America’s justifications of torture as justifications for the torture of US captives. “We are Americans and we hold ourselves to humane standards of treatment of people no matter how evil or terrible they may be,” he says. Terrorists “don’t deserve our sympathy. But this isn’t about who they are. This is about who we are. These are the values that distinguish us from our enemies.” The White House continues to oppose the amendment. President Bush threatens to veto the entire bill, and Cheney circulates pro-torture talking points to friendly Congressional Republicans. Cheney, with CIA Director Porter Goss in tow, asks McCain to exempt CIA officials from the anti-torture amendment at the discretion of the president; McCain refuses. McCain is bolstered by a letter signed by over two dozen retired generals urging Congress to pass the amendment, including Powell and former Joint Chiefs chairman General John Shalikashvili. The amendment passes the Senate 90 to nine. However, the House leadership, steered by Speaker Dennis Hastert (R-IL), refuses to allow the amendment into the House version by refusing to let the House vote on it at all. It will take a House-Senate conference committee to decide the fate of the amendment. [Dubose and Bernstein, 2006, pp. 195; Savage, 2007, pp. 221]
During a roundtable discussion on ABC’s This Week, host George Stephanopoulos says, “[A] source close to this told me this week, that President Bush and Vice President Cheney were actually involved in some of these discussions” about disclosing CIA case officer Valerie Plame Wilson’s name to reporters (see July 14, 2003). [Think Progress, 8/2/2005]
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